Loading...
06/05/1990 MINUTES PLANNING & ZONING BOARD TUESDAY, JUNE 5, 1990 Members Present: Vice Chairperson Nixon, Messrs. Mazur, Schwob, Ferrell, Hamilton and Gans Members Excused: Chairman Johnson Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Vice Chairperson Nixon 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. 1. REQUEST FOR EXTENSION M&B 31.04, Sec. 30-28-16E (2612 US 19 N) National Operating Limited Partnership/Phar Mor of Florida,Inc. CU 89-83 Request -3 PS (Package Sales of Alcoholic Beverages) (NEW LICENSE) Zoned -CC (Commercial Center) Mr. Shuford presented a letter from the applicant requesting a six-month extension because the space leased by Phar-Mor for the utilization of this Conditional Use had not yet received a Certificate of Occupancy. The applicant was not present. No persons appeared in support of or in opposition to the above request. Discussion by the Board ensued over the absence of the applicant and whether applicants should be present when seeking an extension of Conditional Use. The Board concurred that the applicant or a representative should be in attendance to answer questions that might arise. It was suggested that this be noted on the application form. The Board also instructed staff to answer all letters from applicants requesting extensions advising that either the applicant or his/her representative must be present at the public hearing. They further requested a policy change in the agenda format by putting any requests for extensions at the beginning of the public hearing before Conditional Uses. Motion was made by Mr. Schwob, and seconded by Mr. Gans to grant the above request for a six-month extension from the date of this public hearing. Motion carried unanimously (6-0). 2. Lots 1-10, Blk. C, Bayside Shores (735 Bayway Blvd.) William & Donna M. Kebort (Sharky's) CU 90-33 Request - For 6 month review of the approval of on-premise consumption of beer, wine and liquor Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendations. The Board questioned the interpretation of the six-month time frame for renewal and whether there was a change of ownership. It was agreed the six months ran from the time applicant was granted an occupational license and not six months from the time the Board last ruled. The license had been granted in December and the original application was now up for review, including all provisions. Mr. Shuford explained the business ownership name had changed, but the original applicant, Michael Hamilton, had authorized Torrey Cooper to act for him. The ownership of the property is still in the name of William and Donna M. Kebort. Mr. Shuford further presented the following to the Board: 1) copy of Agent's Investigation Report dated 2/3/90; 2) petition signed by five property owners protesting extension of operating hours beyond 12:00 Midnight; and (3) copy of record of visit by Florida Division of Alcoholic Beverages & Tobacco agent indicating a warning had been issued that they were not in compliance with the SRX requirements, as 80 seats had been counted and 150 were required. The report also indicated that a recount had been ordered for approximately 3/15/90, but the results were not known. Mr. Shuford further advised he had been in contact with Elise Winter, representative of William Kebort, who indicated there may be an eviction of the current tenant in process. She was not sure what position Mr. Kebort wished to take in this matter and Mr. Shuford had advised her the owner might want to attend the public hearing or send a representative. Mr. Polatty stated to the Board that the staff's recommendations were based on the fact that the conditions are necessary to resolve issues of incompatible land uses since the location is surrounded on three sides by residential. Mr. Torrey Cooper, 107 Waterbury Drive, Tarpon Springs, FL, representative of Michael W. Hamilton, President of Sharkey's of Clearwater, Inc., stated the staff recommendation is exactly what they would like to do and concur with all other recommendations staff has made. He further stated: 1) With reference to the citation from the Florida Division of Alcoholic Beverages & Tobacco agents, they now comply with the 150 seat requirement; 2) They have applied for the Responsible Lender Program, which gives a course to management on prevention of problems regarding age, identification and licensing; 3) Since the February hearing they are serving 60% food and 40% liquor, due primarily to expanding their menu to include seafood dinners, and to serving specials to the Coast Guard Club and the Yacht Club; 4) The business will be open until 12:00 Midnight; 5) The management needs to respond to the food issue and they are promoting a lunch menu similar to Frenchy's; 6) They have installed double doors at the entrance to collect sound, have added additional plants in the interior as well as fish nets on the walls, and have ordered new drapes in an effort to reduce noise; 7) Additional film has been applied to the windows to keep light out and to insulate them from the residential neighbors; and 8) They are not aware of any citations and still supply two security guards any night there is a band. The Board inquired whether the signs in the windows were permitted and whether they took up more space than legal. Mr. Cooper stated the signs had been taken down, that they have a temporary permit and that application has been made for a permanent permit. No one appeared in support. In opposition, Mr. Herbert W. Leonhardt, 706 Bayway Blvd, presented a petition from residents opposing the extension of operating hours beyond 12:00 midnight. He stated the newspapers had indicated this was up for review and they wanted to be sure the closing time would not be extended beyond 12:00 midnight. The Board assured him the 12:00 midnight closing condition would remain. In opposition, Mr. Marvin Ruvin, 851 S. Bayway Blvd., #605, spoke to the increase in seating from 80 to 150 seats. He felt a doubling of seating would cause additional parking problems and might create a situation where drugs could be sold. When advised by the Board that it was a State requirement the restaurant maintain a minimum of 150 seats, Mr. Ruvin withdrew his protest. The Board, having heard this request before, had little discussion. It was noted the applicant had responded by increasing the food service and was adhering to the 12:00 midnight closing. Motion was made by Mr. Hamilton, and seconded by Mr. Schwob, to approve the above request subject to the following conditions: 1) The business shall close at midnight; 2) The kitchen shall remain open to within one hour of closing; and 3) There shall be no outside speakers. Motion carried unanimously (6-0). 3. Part of Lots 8 & 9, City Park Sub. (56 Causeway Blvd.) City of Clearwater (Beach Diner) CU 90-34 Request - To permit on-premise consumption of beer and wine Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and submitted in writing, the staff recommendations. Mr. Nicholas P. Christou, 757 Harbor Island, applicant, stated he was there to request a conditional use to permit a new 2-Cop alcoholic beverage license for the Beach Diner. Mr. Christou stated he has lived in the Clearwater area for 15 years and for the past three years has lived both in his home town of Jackson, MI and Clearwater. He stated they will operate as a family restaurant serving lunch and dinner and eventually breakfast if the City approves. He stated the alcohol service will remain the same as the previous tenant. Mr. Christou stated they have applied for a sign permit and wish to be in full compliance with the City on everything. They want to renew their lease when the time comes and desire a long lasting relationship with the City. He further stated it is their intention to operate the Welcome Center for the City, that this has been incorporated into their lease, and that they plan to do a good job of it. Mr. Christou stated they would like to extend their hours on Friday and Saturday to 12:00 midnight. No one appeared in support or in opposition. Discussion by the Board centered on the hours of operation. They concurred the restaurant could operate any legal hours with City approval. Mr. Shuford advised the staff had incorporated the hours of 7:00 a.m. to 10:00 p.m. into the conditions because it had been a request in the application and they wanted any self-imposed condition to be included in the motion. He said the staff would not have a problem with a motion that would eliminate any reference to hours. Mr. Shuford further stated should time ever become an issue for enforcement, they may have to go back to the application submitted by applicant and assume by inference that the Board was acting on the original application if the Board did not include hours of operation as a condition. The Board stressed the applicant be actively engaged in operating the Welcome Center as a condition of approval and that it be enforced. Motion was made by Mr. Schwob, and seconded by Mr. Gans, approving the above request subject to: 1) An occupational license must be obtained within six (6) months of this public hearing; 2) The signs shall be brought into compliance with City codes; and 3) In accordance with their lease the site will be actively used as a Welcome Center. Motion carried unanimously (6-0). 4. M&B 11.05, Sec. 19-29-16 (19660 U.S. 19 N) Veta L. Gillenwater Trust (Kenyon Auto and Boat Sales) CU 90-35 Request - To permit outdoor retail sales, displays and storage Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendations. Mr. Jim Baxter of Baxter, Rinard & Haas, P.A., 1230 South Myrtle, Ste. 301, representative of applicant, presented a site plan and a picture of the premises as it used to be. He also presented photos showing various views of the building and premises as they exist today. He stated they had modified the site plan and presented it to the Board stating: 1) Changes have been made in the configuration of the middle parking area by moving back the parking area; 2) The access road, which is presently the Kenyon Boat operation, has been changed to the middle; 3) The driveways have been changed to rearrange traffic flow; 4) A sidewalk has been supplied for use by residents of Tropic Hills; 5) The green space has been increased to 10,000 sq. ft., the exterior perimeter has been increased to 7,000 sq. ft, the paved area has been reduced to 9,700 sq. ft., and the building area coverage has been reduced to 550 sq. ft.; and 6) They are in agreement with the staff recommendations except for the letter of credit condition, which they feel is demeaning and insulting to an old established family and a business in operation for 60 years. In answer to a question by the Board, Mr. Baxter stated there would be shrubbery for a buffer and that a fence runs along the entire length of the property. No one appeared in support or in opposition. Discussion ensued by the Board with regard to the landscaping and the need for a letter of credit in the amount of $5,000. In general, the Board voiced disagreement with the staff on this condition. The Board felt it did not have the authority to set an amount and that it would be difficult to enforce. Mr. Shuford advised that the amount was a reasonable deterrent amount and not a punitive one. He felt it was a valid condition, but did suggest an additional condition requiring three written notifications from the City before cashing the letter of credit under this condition. The Board realized the staff was trying to arrive at a tool for the City to use to eliminate problems existing at the majority of boat yards and used car dealers and this was not directed toward the applicant personally. The Board concurred they did not want this condition, but rather that a landscape plan be submitted to the staff for approval. Further discussion followed over the angled parking on the North side of the egress and there was some concern on the use of the driveways. However, Mr. Shuford pointed out the Traffic Engineer had reviewed the site and had no objections. Motion was made by Mr. Mazur, and seconded by Mr. Schwob, to approve the above request subject to the following conditions: 1) There shall be no outside storage of parts; 2) Storage/display shall be on paved areas only, not in any designated landscaped areas or rights-of-way; 3) No noise generated service, such as engine testing shall be performed between the hours of 6:00 p.m. and 7:00 a.m.; 4) Except for the driveways as shown and approved on the site plan, the asphalt and curbing for deleted driveways shall be replaced with landscaping, sidewalks and new curbing parallel to the adjacent street in accordance with City standards; 5) The applicant shall apply and obtain approval/certification of an amended site plan; 6) The building permit be procured within time limitations of the certified site plan; and 7) The applicant shall prepare and have approved by staff a landscape plan designed to eliminate the ability to display automobiles, boats and similar vehicles within the landscaped area. Motion carried unanimously (6-0). 5. Part of Lots 5 & 6, Mosell Acres (2186 Drew Street) Richard W. & Martha J. Anderson (Anderson Industrial Supply) CU 90-36 Request - To permit indoor storage/ warehousing Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendations. Mr. Thomas J. Graham, Graham Design Associates, 3005 State Road 590, representative of applicant, stated the owner is proposing to build an adjacent structure attached to the existing building, which is a one-story warehouse and office building. He presented a site plan showing many mini warehouses along the rear and on the east side of the site. Mr. Graham stated Mr. Anderson has been in business for 23 years and has operated at this site for 12 years selling industrial supplies to other businesses in the area and throughout the state. He stated initially they looked into the need for a variance and found that where they are building, the setback and coverage requirements have been met. Mr. Graham addressed concerns of the staff stating: 1) They will do more landscaping along the front, but were not aware of a problem along the East side; 2) There is a small 20' strip which currently has sod and his client would be willing to add a hedge; 3) There are two nice oak trees in front and his client would be willing to work with the City on landscaping; 4) There is a fence along the rear of the property and it has been well maintained; and 5) The dumpster has always been in its current location and he would like to keep it there as it is easy access for the dump truck. Mr. Graham further stated his client was not aware of any problem with the dumpster location until now as they have not had any complaints. Mr. Graham stated Mr. Anderson is asking to expand the present use of the building in conformance with City regulations. In support, Mr. Richard W. Anderson, 1442 Blanton Lane, owner of the property, stated his business has been broken into three times and that putting in more shrubbery would be detrimental to the business. He stated there is not room for more shrubbery near the driveway as there is a 2 ft. gully there, and putting more in the front would hide anyone trying to break in. He explained that he stores very small, expensive electronic parts in the warehouse and wants to prevent more thefts. Mr. Anderson stated he plans to install a light over the corner where the two buildings meet; that the building will have two doors in compliance with the fire standards and that he will install an automatic light above them. He further stated he had received many compliments from residents on the landscaping. No one appeared in opposition. In discussion the majority of the Board felt the dumpster should remain in its present location for easy access by the dump truck. It was also noted that no one had appeared in opposition to the dumpster location. The Board thought quite a number of trees had been requested in the landscaping condition and asked Mr. Shuford to address the landscaping requirements. Mr. Shuford stated that in the near future the staff would be proposing new landscaping standards which would focus on the street frontage of the property. He stated this was a comment the staff would like to start making in Conditional Use permits as the street frontage area makes the most impact and the current regulations are not substantive enough in that regard. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, approving the above request subject to the following conditions: 1) The applicant shall submit a landscape plan for approval by staff in accordance with the City's Land Development Code; 2) The continued maintenance of the fence on the north side of the property shall be required; and 3) The requisite building permit being obtained within six (6) months of this public hearing. Motion carried unanimously (6-0). 6. Lots 1-20, Blk. 5, Revised Plat of Brookwood Terrace (1315 Cleveland Street) Michael E. Lewis, Trustee (Brasfield Properties, Inc.) CU 90-37 Request - To permit indoor storage/warehousing (mini-storage) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendations. He also presented a letter from Curtis DeYoung requesting a continuance until July 3, 1990. Applicant was not present. No one appeared in support or opposition. Discussion by Board indicated there was not a problem with approving this request for continuance since this was the first time before the Board and the applicant had contacted the staff in an attempt to work out any conflicts. Motion was made by Mr. Hamilton, and seconded by Mr. Schwob, to continue the above request until July 3, 1990. Motion carried unanimously (6-0). 7. Lot 1, Raddison Bayside Hotel (1201 Gulf Blvd.) Anthony A. Petrarca (Sand Key Package Liquors) CU 90-38 Request - To permit package sales of beer, wine and liquor Zoned - B (Business District) (Per 2/4/87 settlement stipulation U.S. Steel vs City) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendations. He also stated they had received two letters in opposition, one signed by Mary Louise Gallo, 1301 Gulf Blvd., Apt. 106, and one signed by Francis J. Smith, Jr. and Violet M.Smith, 1301 Gulf Blvd., Apt. 201. Ms. Margot Pequignot, 400 Cleveland Street, representative of Alfred Deratany, applicant, advised she was standing in for Harry Cline who could not be at the meeting. She said they were seeking a Conditional Use to authorize the sale of off-premises alcoholic beverages at the Shops of Sand Key. Ms. Pequignot presented a letter received in support from Pick Kwik Food Stores, Inc. stating they had no objection to the package liquor store. She further stated: 1) They meet all the standards and criteria for the Conditional Use; 2) They will occupy only 900 sq. ft.; 3) Their plans are for a package store only, including the sale of beer, wine and liquor, and they have no plans for on-premises service of liquor; 4) There will be no adverse impact on this area as it is already a shopping center; 5) There will be no additional noise or light; 6) There is sufficient egress and ingress; 7) The parking meets City requirements; and 8) it is consistent with the land use requirements. Ms. Pequignot stated Mr. Deratany ran a similar establishment in Michigan for 35 years and also had Bel Air Produce in Bel Air Bluffs where he sold beer and wine, and has no citations against him. She stated Mr Deratany feels the staff's conditions are fine and asks for approval. No one appeared in support or opposition. Discussion ensued by the Board on distance requirements. Mr. Shuford advised the City Development Code regulates distance between package stores and that is why a variance must be obtained from the City Commission. Ms. Nixon was concerned about the lack of people in opposition to this request. She stated the reason might be that an earlier discussion regarding alcohol at the Shops at Sand Key implied they would only allow one package store there. She further stated she was firmly against putting another liquor store in the complex. The remaining Board Members concurred this was not in conflict with Pick Kwik, the difference being that liquor would be sold as well as beer and wine. Motion was made by Mr. Schwob, and seconded by Mr. Gans, approving the above request subject to the following conditions: 1) The applicant must obtain approval by the City Commission for a variance to the minimum distance separation requirement of 200 ft. to allow alcoholic beverage sales zero (0) ft. from a similarly licensed establishment; 2) The applicant shall obtain requisite building permit within six (6) months of this public hearing; 3) The hours of operation shall be restricted to the hours requested in the application; 10:00 a.m. to 9:00 p.m. Monday through Saturday, closed Sundays; 4) The applicant shall obtain an occupational license within six (6) months of this public hearing; and 5) There shall be no deliveries between the hours of 10:00 p.m. and 6:00 a.m. any day of the week. Motion carried 5-1, with Ms. Nixon voting "nay" as she felt there should not be another liquor store in this shopping center. C. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Local Planning Agency Review: 1. Lot 8, Blk. 2, Ackers Sub/Located on the southeast side of S.R. 580 opposite Countryside High School, approx. 1200 ft. northeast of Charles Street Doerner A 90-06, LUP 90-07 Request - Annexation and Zoning, OL (Limited Office) LAND USE PLAN: FROM: Unclassified TO: Residential/Office Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant was not present. No one appeared in support or opposition. Discussion by the Board ensued over why the applicant was not present as it has always been the Board's policy everyone must make an appearance except for single family residences. Ms. Nixon stated Dr. Doerner told the City Commission he had to have this amendment in order to have sewer and he was blatantly not meeting any of the City requirements since he was developing within the County. Mr. Shuford explained that the Board would basically be annexing him as if he was in non-conforming use. He stated the Board should regard the project as built and it would not be subject to City regulations unless the permit lapses. Mr.Shuford further advised that it the Board did not hear this request, the City Commission would have to continue it at their next meeting. He stated the City Commission's policy has recently been restated: no annexations for vacant properties unless they are built to City standards. Mr. Shuford also stated the staff had followed up on that by sending to the County an explicit one-page form stating what is needed to get City sewer; and if annexation will be requested do not build to County standards and expect to get a sewer letter from the City. He stated approximately 300 sewer letters were issued in the last five years and 25 of them have been from commercial developments which did not meet the City Code. Mr. Shuford stated this is one of those things that happen when a community wants an aggressive annexation program and at the same time has better Land Development regulations than the local governments where the properties are located. The City Commission is basically saying no more of these requests, and in the future they will most likely have very explicit development agreements attached to them. The City would then be able to negotiate some trade offs. The Board indicated that it wanted to use this request as an example. Motion was made by Mr. Schwob, and seconded by Mr. Gans, to deny the above request, since the proposed site plan does not conform to City Development Code requirements in the following areas: parking, front yard open space, rear setback and it exceeds the permitted floor area ratio. Motion carried unanimously (6-0). 2. Lot 7, Terra Alto Estates, Located at 1457 Otten Street Lobil Building Co., Inc. A 90-7, LUP 90-8 Request - Annexation and Zoning, RS-8 (Single Family Residential) LAND USE PLAN: FROM: Unclassified TO: Low Density Residential Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The only discussion by Board was to question whether they needed to include the open space recreation fee requirement in the motion. It was determined this was not needed as it is paid anyway. Motion was made by Mr. Mazur, and seconded by Mr. Gans, to approve the above request. Motion carried unanimously (6-0). 3. Lot 8, Blk. F, Unit 1, Oak Acres Add. Located at 1192 Norwood Ave. Bachman A 90-8, LUP 90-9 Request - Annexation and Zoning, RS-8 Single Family Residential) LAND USE PLAN: FROM: Unclassified TO: Low Density Residential Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. There was no discussion by the Board. Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request. Motion carried unanimously (6-0). D. Chairman's Items Ms. Nixon brought up the confusion with Sharkey's making another application while in the midst of their trial period. She requested the Board set a policy to prevent this from happening again. The Board concurred and made the policy statement that applicants must complete their trial period before bringing any other applications to them. E. Director's Items - None F. Board & Staff Comments Mr. Schwob stated in the interest of efficiency, the Board did not need to have Article 137.011(d) typed on staff recommendations. He stated they have their books and can easily refer to it. The Board concurred to have this deleted from further staff recommendations. Mr. Hamilton stated that the cold beer legislation had gone before the Regulated Industries Committee. He urged the board members to bring this to the attention of residents in the community. He stated Doc Meyers is the Committee Chairman. Mr. Gans brought up the parking memo with regard to alcoholic beverage establishments and thought it was to be discussed at this meeting. Mr. Shuford advised that the staff wanted the Board to review it and they would come back to the Board with an ordinance amendment addressing the issues. Mr. Shuford stated the June 19 meeting would be fairly short and perhaps this could be accomplished at that meeting. Mr. Hamilton advised he would not attend the July 17, meeting, and Mr. Ferrell advised he would not attend the June 19 meeting. Mr. Schwobe stated Munchies is in full operation at Northwood Plaza and still has not come before this Board. It was also brought out that Britts is in a new location and is giving away free beer until they apply for a Conditional Use permit. It was stated they obtained a building permit and occupational license through DCAB and that DCAB had granted a variance of two parking spaces to allow them to go in there. Mr. Schwob mentioned the Sandpiper across from Cleveland Plaza has a new name on it. Ms. Nixon asked that Lokey and Stone Buick both be checked on by staff. In response to when staff recommendations should be received, Mr. Shuford stated they try to get them to the Board members the weekend prior to the meeting. Meeting adjourned at 4:30 p.m.