04/03/1990 MINUTES
PLANNING & ZONING BOARD
TUESDAY, April 3, 1990
Members Present: Chairman Johnson, Ms. Nixon, Messrs. Mazur, Schwob, Hamilton and Gans.
Members Absent: Mr. Ferrell (Excused)
Also Present: James M. Polatty, Jr., Director of Planning and Development
Scott Shuford, Planning Manager
A. Motion was made by Mr. Hamilton, seconded by Mr. Schwob, to approve the minutes of the March 13, 1990 meeting as written. 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. Lots 1-10, Blk. A, Belleair Highlands
and Lots 1-12 Belleair Highlands 1st Addition (1465 So. Fort Harrison Ave.)
Le Petit Cafe/Ted P. Wittner
CU 90-20
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford stated this request was continued by the Development Code Adjustment Board
on February 22, 1990 to give the Planning and Zoning Board the opportunity to review the request. Mr. Shuford advised one letter of objection was received.
Mr. Alex Imbert, 1465 South Ft. Harrison Avenue, owner of Le Pete Cafe, stated the request is to extend hours of operation to include the dinner hour due to lack of enough business.
He advised that in the outdoor seating area, which seats 12, no alcohol is served, but the patrons may purchase an alcoholic beverage inside and carry it outside. In response to questions
by the Board, Mr. Imbert stated that patrons must order food to be served an alcoholic beverage and there will be no change in the operation of the restaurant with this request for extension
of hours.
Mrs. Lois Cormier, 625 McLennon Street, presented and read a letter of objection (see attached) and stated she felt it would be detrimental to the neighborhood for this restaurant to
remain open until 10:00 p.m. In response to questions by the Board, Mrs. Cormier stated the reason for objection is people will be outside drinking alcoholic beverages until 10:00 p.m.,
cars will be coming in and out, and she is apprehensive that if this request is approved that in the future an even later closing time will be requested.
Motion was made by Ms. Nixon, and seconded by Mr. Mazur to approve the hours of operation to be 8:00 a.m. to 10:00 p.m. Motion carried unanimously (6 to 0).
2. Lot 4, Blk. 5, Gould and Ewings First Addition (526 Cleveland St.)
Maasaad's/Harrison Robertson, Jr., Trustee
CU 90-21
Request - 2-COP (To permit package sales and on-premise consumption of beer and wine)
(NEW LICENSE)
Zoned - UC(C) (Urban Center/Core)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford advised one letter of objection was received.
Mr. Jim Davis, 1364 Williams Drive, representative of the applicant, stated the request is to establish a deli and bakery and felt this establishment will enhance the downtown area.
In response to questions by the Board, Mr. Davis stated the target clientele will be the downtown workers, there is seating for 96, there will be no entertainment, and the condition
that no package sales be allowed would be acceptable.
No persons appeared in support of or in opposition to the above request.
Discussion ensued with the Board expressing concerns including window signs and that the letter received in objection did not state a reason for objection. Ms. Nixon felt the conditions
of approval should include a restriction of signage. Mr. Schwob and Mr. Hamilton felt an amendment to the Land Development Code regarding window signs would be preferable rather than
place a restriction on signs as a condition of approval of this request.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton to approve the above request subject to the following conditions: 1) A building permit be procured within six (6) months;
2) An alcoholic beverage license (2 COP) be procured within six (6) months; 3) Alcoholic beverage sales be restricted to consumption on premises, with no package sales; and 4) An
occupational license must be obtained within six (6) months. Motion carried 5 to 1, with Ms. Nixon voting "nay" as she felt a restriction of signs should be a condition of approval.
3. TO BE WITHDRAWN
Lot 31, Unit 1, Sunset Highlands
(1531 Erin Lane)
Frances Sullivan/Children's Home Society
CU 90-22
Request - To permit a use not specifically identified in Code: Special Group Care
Zoned - RS-8 (Single Family Residential)
This item was withdrawn by letter from the applicant.
4. Lot 5, Zephyrhills Sub. (1492 S. Missouri Ave.)
Chuck Adams Management Corp.
CU 90-23
Request - To permit outdoor retail sales, displays, and/or storage for used car dealership
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Charles Adams, 1725 Gulfview Drive, owner of the property and representative of the applicant, stated the person who previously leased this property operated a business without a
license. Mr. Johnston, applicant, will be operating within the law and will not be working on vehicles on-site, which is a condition of the lease. Mr. Adams felt washing and waxing
of vehicles should be permitted as it is an important part of vehicle sales. In response to questions by the Board, he stated that the City's landscaping requirements will be met, and
that a sign permit will be procured for the existing pole sign.
No persons appeared in support of or in opposition to the above request.
Discussion ensued with Board members expressing concerns including: that washing and waxing of vehicles should be allowed on-site and whether the existing pole sign is in compliance.
Mr. Shuford stated there may be a problem with the setback for the sign which is the reason for requiring the applicant to go through the sign permitting process. The Board expressed
support for permitting the on-site washing and waxing of vehicles that are part of the sales inventory.
Motion was made by Mr. Schwob, and seconded by Mr. Mazur to approve the above request subject to the following conditions: 1) Parking lot perimeter landscaping be provided consistent
with L.D.C. Sec. 136.023;
2) Parking spaces be provided on the basis of one parking space per 1000 sq. ft. of outdoor display area and in
accordance with the requirements of the Traffic Engineer; 3) No parking, display, or storage of automobiles or automobile parts in the rear yard of this site; 4) No vehicle service
shall be conducted on subject property, such service to include, but not be limited to, tuning of automobiles; 5) A permit for the existing pole sign be obtained within three (3) months;
and 6) An occupational license be obtained within six (6) months of the date of this meeting. Motion carried unanimously.
C. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Local Planning Agency Review:
1. M&B 33.03, Sec. 5-29-16/Located on the east side of Coachman Plaza (a private road) approximately 930 feet north of S.R. 590
Merritt
A 90-02, LUP 90-02
Request - Annexation and Zoning, CH (Highway Commercial)
LAND USE PLAN:
FROM: None
TO: Commercial/Tourist Facilities
Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. In response to questions by the Board, Mr. Polatty advised that the Development Review
Committee reviewed the site plan at its meeting of March 21, 1990, and they determined that in addition to the deficient south side setback, the plan was also deficient in the following
areas: 1) parking lot interior landscaping; 2) number of parking spaces; and 3) front yard open space. The applicant will be submitting a new site plan which will address the above
concerns to be considered at the April 12, 1990 D.R.C. meeting.
Mr. Polatty advised that the City Commission at their meeting of March 14, 1990 adopted a policy that all vacant properties annexing into the City of Clearwater shall be required to
be developed in compliance with City development requirements. The above request was in the process of annexing when this policy was adopted, and the City Commission agreed to allow
this property to be developed under Pinellas County regulations subject to the following condition: "If construction is initiated in Pinellas County, the only deviation from City land
development requirements to be permitted is the south side setback of five (5) feet". Mr. Polatty stated what is being considered today is not the site plan, but the annexation, land
use plan and zoning and staff is recommending approval.
Mr. Nick Benjacob, 5906 Bayview Circle, Gulfport, FL, representing the property owner, stated he is doing something very nice for Clearwater, developing this property under County standards.
This request is going back to the City Commission again, due to misunderstandings on interpretation of code requirements. Mr. Benjacob stated there will be 15 ft. of green space provided
in front of the building and that the building is 77 feet from the property line and there other buildings on the same street with only 19 ft. front yard setback and with parking lots
on the street. In response to questions by the Board, Mr. Benjacob stated the building is to be 7,000 sq. ft. and could be used as one entity or as many as 4 different businesses.
It does not necessarily have to be an auto center, it could be used for any of the other permitted uses. Mr. Benjacob stated he understands that regardless of the use of the property
the use cannot exceed 140 trips per day in regard to vested rights/concurrency management.
Discussion ensued with Board members expressing concerns including properties developing under Pinellas County standards then wanting to annex into the City and variances in similar
cases.
Motion was made by Mr. Schwob, and seconded by Mr. Gans to approve the subject request provided it is LIMITED to the following conditions: 1) The dedication of a drainage and utility
easement over the existing retention pond lying along the north and east sides of the property; and 2) If construction is initiated in Pinellas County, the only deviation from City land
development requirements to be permitted (per City Commission direction) is the south side setback of five (5) feet. Motion carried unanimously (6 to 0).
E. Chairman's Items - None
F. Director's Items
Mr. Polatty provided the Board members with copies of the following documents for their review: the schedule for concurrency, proposed ordinance to provide development agreements, proposed
ordinance to establish administrative procedures and standards for determining vested rights, and proposed ordinance to require a traffic impact study for certain developments and briefly
reviewed same for the Board. Mr. Polatty explained several changes that are being made to the proposed ordinances and advised the revised ordinances will be mailed. He also provided
copies of the City of Clearwater Development Review Evaluation and Recommendations by the Healey Consultant Group.
G. Board & Staff Comments
Mr. Schwob asked about the City Attorney being asked to be present to discuss the question that when the Board is reviewing an alcoholic beverage conditional use for which a distance
separation variance is also required, whether or not that distance separation variance should be considered in their decision. Mr. Polatty advised Mr. Galbraith could not attend this
meeting but would be in attendance at the April 17th meeting to address this issue.
Meeting adjourned at 3:30 p.m.
____________________________________________________
James M. Polatty, Jr., AICP, Director
Planning and Development Department