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10/02/1990 MINUTES PLANNING & ZONING BOARD TUESDAY, OCTOBER 2, 1990 Members Present: Chairman Johnson, Ms. Nixon, Messrs. Mazur (arrived 1:34), Schwob, Ferrell, Hamilton and Gans Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Chairperson 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. A. APPROVAL OF MINUTES Motion was made by Mr. Hamilton, and seconded by Ms. Nixon, to continue the approval of the September 4 and 18, 1990 minutes to the October 16, 1990 meeting. Motion carried unanimously (6-0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Lots 48-52 and 98, Lloyd White Skinner Sub., 201 S. Gulfview Blvd., Stanislaw and Kazimiera Budzinski (Britt's Beachside Cafe) CU 90-63 Request - To permit on premise consumption of beer and wine Zoned - CR-28 (Resort Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford further stated it appeared from Britt's site plan that they had a legitimate number of parking spaces, but after the permit had been issued, Traffic Engineering found that 4 spaces located along lst Street could not be considered grandfathered. He stated those spaces had been created after a certain date and could not be counted which had necessitated Britt's coming in to get the variance. Elizabeth R. Mannion, 1230 S. Myrtle Avenue, applicant's representative, stated Britt's is at present operating as a restaurant and is seeking a beer and wine permit. She stated Britt's is not large enough to qualify for a 4-COP-SRX license, which is basically for restaurants, so they must apply for the 2-COP license, which is appropriate for their size, but requires them to have the parking requirements of a bar, with the same percentage of sales of food to alcohol--51%--as the 4-COP-SRX license. Ms. Mannion stated Britt's is caught in between the State and City Code requirements for a restaurant and a bar and this is causing a hardship for them. She stated under the 2-COP license they are required to have 54 parking spaces and will need a 23 space variance if they are granted the Conditional Use permit. If the request for outdoor eating is denied, she stated they will need a 17 space variance. Ms. Mannion discussed at length the history of Britt's as a restaurant and why they did not think parking would be a problem when they moved across the street and converted 6 units of a motel into their present restaurant. She stated they had talked with City staff before entering into a lease and before remodeling. Ms. Mannion further stated it was not until Britt's had received their occupational license and the City came out for inspection that the Traffic Department in their research discovered 8 parking spaces were actually in the City's right-of-way. With regard to Keith Crawford's comments to the parking being notoriously deficient, she stated he had told her he was thinking of their old site when he wrote his recommendation, but he left the remarks standing because he remembered they had come in for the variance of 2 parking spaces with regard to the problem with 1st Avenue. She further stated Mr. Crawford did not have any strong objections to their application and did not foresee any parking problems as there was a large parking lot across the street. However, she stated Mr. Crawford had applied the Code literally to protect the City from bars who might find themselves in the same position. Ms. Mannion restated the hardship they are under and said Britt's: 1) would be willing to keep food sales beyond the 51% requirement up to 70%; 2) would supply an audit each month to the City to confirm food sales; 3) would keep the kitchen open until the closing time of 11:00 p.m.; 4) would not advertise beer or wine outside the premises; and 5) would stipulate to any kind of occupational license the City would request. If any condition was violated the City could pull their license and close them within 24 hours notice. Ms. Mannion stated all adjacent property owners, except the landlord across the street, had signed statements in support of this permit and she also presented petitions signed by 1200 customers in support. James Mayes, 1429 Lime Street, applicant, in replying to questions from the Board stated that: 1) they have a different landlord, but the management and the food operation are the same as they have had the past four years; 2) they are not asking for package sales of beer and wine, because it is not a bar and they are only concerned with consumption on premises to accompany food; 3) prior to signing the lease he talked with City officials, and was told it was zoned for an SRX and not for beer and wine, but he was not aware there was a difference in parking requirements; 4) they had gone from 2400 sq. ft. to 2000 sq. ft. and from 126 seats to 84 seats when they reopened; 5) they have not eliminated any parking spaces, nor have they added any seats in the restaurant, but they have moved some seating from the inside to the outside; 6) they are not advertising beer or wine for sale now, but are giving away three free beers per customer per day; 7) the Planning and Development Department had asked him to request everything they were proposing at one time and come before all the boards; 8) originally they were planning to request the beer and wine permit and then eventually request outdoor seating; 9) if they were not requesting outdoor seating, they would not be as deficient in parking spaces. He presented a site plan and showed where they propose to eliminate 2 parking spaces for outdoor seating. Mr. Mayes stated they would not need to increase the seating to obtain the 2-COP license, they are only deficient in that the City does not have a 2-COP-SRX license. No persons appeared in support of or in opposition to the above request. Mr. Polatty stated what Britt's is really asking for is the creation of a new alcoholic beverage license called a 2-COP-SRX and that they would have to present that argument for the parking variance before the Development Code Adjustment Board. Mr. Shuford stated he had just finished talking with Keith Crawford on the telephone to clear up his comments on the application and that Mr. Crawford told him he did not have any violent objections, that his written comments had been directed to their prior location, but he felt fairly strongly that the parking requirements should be met. Discussion ensued with the Board members expressing concerns including the shortage of required parking spaces and the setting of a precedent for other hotel/motel conversions to seek beer and wine variances. Motion was made by Mr. Gans, and seconded by Mr. Mazur, to deny the above request because it does not meet the Standards of Approval of the Land Development Code of §137.011(d) and specifically it does not meet the conditional use standards §136.025(2)(3)(6) and (7), which state as follows: (2) Acceptable ingress to and egress from the site shall be provided in a manner and location which ensures optimum vehicle maneuverability and vehicular and pedestrian safety. The number of ingress and egress drives shall be the minimum necessary to provide reasonable access to the site. (3) Noise generated from the use shall not unreasonably diminish the use, enjoyment or value of surrounding properties. (6) Sufficient area shall be afforded for parking in accord with §136.022 of this chapter. (7) The use shall be reasonably compatible with surrounding uses as measured by building setbacks, open spaces, hours of operation, building and site appearance, architectural design and other factors which may be determined appropriate to assess the compatibility of uses. Motion carried unanimously (7 to 0). C. CONDITIONAL USES: 1. Lots 4-8, Gibson's Clearwater Heights Sub., 1180 Cleveland St. The Community Redevelopment Agency of the City of Clearwater (S.T.E.P.P.S. Organization) CU 90-64 Request - To permit 1) Level III group care and 2) child day care Zoned - UC(E) (Eastern Corridor Subdistrict of the Urban Center District) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Jerry D. Sternstein, Economic Development Director for the City of Clearwater, 455 S. Alternate 19, #165, Palm Harbor, representative of the applicant, stated the City advertised this property in the newspaper several months ago after electing to put the property to some use pending future development plans. They had received one bonafide response from Joyce Frohlich of the S.T.E.P.P.S. organization. He stated this had been presented at the Community Development Agency board meetings and that Ms. Frohlich was there to answer any questions. Joyce Frohlich, 3108 Thomas Road, applicant, responded to questions from the Board and stated that: 1) S.T.E.P.P.S. is a non-profit Christian social service organization, which she founded in 1986, in Palm Harbor, and which has been located in the 1100 Building on Cleveland for the past three years; 2) she considers it is an outreach of her church--Countryside Christian Center; 3) the majority of the funding comes from private sources, but that three foundations also contribute on a monthly basis; 4) they do not charge their clients for any services, but do have a fee of $25.00 for counselor training seminars, which can be waived if necessary; 5) they employ 2 counselors, besides herself, and a part-time secretary and have 10 volunteers; 6) they provide counselling and child birth classes at the pregnancy center and distribute clothes and furniture donated to them; 7) they have serviced 7000 clients over 4-1/2 years, many of whom came in for pregnancy tests only; and 8) they are listed in the phone book, but most of their advertising is done by word of mouth. In response to questions by the Board, Mr. Sternstein stated: 1) they understand the 5 conditions required by the staff and have no problem with them; 2) the City had talked with the Downtown Clearwater Association and they were informed of what was being done; 3) this was not a controversial issue as was Isaiah's Inn, which had been brought up by the Board. Mr. Sternstein further stated he did not think renting to S.T.E.P.P.S. would be harmful to the City, but that leaving the building empty could be harmful. No persons appeared in support of or in opposition to the above request. Discussion ensued with the Board members expressing concerns about: 1) this being a poor location for housing 13 people for six to eight months; 2) the heavy traffic impact on Highway 60 in the downtown area; 3) the lack of support or opposition by citizens of the community; 4) the cost of repairs in bringing the building to code; and 5) safety regulations. Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) Prior to occupancy, all local and state building, fire, health and safety regulations to be complied with; 2) Vehicular access and egress be limited to only the existing west curb cut along Cleveland Street; the easterly curb cut to be removed and a five foot wide landscape buffer strip shall be provided along Cleveland Street for the entire width of the property, such landscape strip shall include shrubs and trees in accordance with City Code exterior buffering requirements; also, the asphalt shall be removed in the right-of-way and replaced with necessary sidewalk, sod and curbing parallel with Cleveland Street in accordance with City Standards; 3) The parking area be provided sufficient night lighting and designed in such a manner not to adversely affect surrounding public and private property; 4) The parking area to be properly striped delineating parking spaces and movement and incorporate necessary buffer and interior landscaping pursuant to Section 136.023 of the Code; and 5) An on-site outdoor play area be provided and so designed to ensure user safety. Motion carried by a vote of 4 - 3, with Messrs. Ferrell, Johnson and Hamilton voting "nay" because of the location. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. M&B 34.26, Sec. 01-29-15, located on the east side of Calumet St. approximately 1600 feet west of Hercules Ave. (Johnson) A 90-11, LUP 90-15 Request -Annexation and Zoning IL (Limited Industrial) LAND USE PLAN: FROM: Unclassified TO: Industrial Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Michael Lloveras, 29228 U.S. 19, representative of applicant, stated the applicant, Instrument Transformers, had been very successful and the owner, William Johnson, had increased the number of his employees and would like to use the property for overflow parking. He stated Mr. Johnson's employees are now parking on this land in a dirt manner and that they have a site plan in the current certification process in the City to put in a paved parking lot and a retention pond. He further stated there was no requirement for them to request annexation, but the City staff had requested they do so. Mr. Lloveras stated the existing site plan had been reviewed by the City, that it was in the process, and that they would meet all the codes. No persons appeared in support of or in opposition to the above request. There being no discussion by the Board, a motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request. Motion carried unanimously (7 to 0). 2. Lot 1 and part of Lot 2, Blk B-1, Maryland Sub., located on the east side of S. Greenwood Ave. approximately 175 feet south of Turner St. (Jaquier Investments Inc.) Z 90-07, LUP 90-16 LAND USE PLAN: FROM: High Density Residential TO:Residential/Office ZONING ATLAS: FROM: RM-28 (Multi-family Residential TO: OL (Limited Office) The applicant was not present. In discussion the Board was reassured by staff that the applicant had been properly notified to be present at the meeting. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to continue the above request to a future meeting in view of the fact the applicant was not present. Motion carried unanimously (7 to 0). E. Chairman's Items Mr. Johnson announced that the FPZA will have a convention at Daytonna Beach on November 28, 1990. F. Director's Items Mr. Johnson inquired about Windward Passage on Island Estates and Mr. Shuford advised him the variance as a requirement for the Conditional Use permit on the plan which had been approved by the Board had been turned down by DCAB and was in the process of being appealed. He stated if the appeal were successful, the applicant would build to the plan that was approved by the board. Mr. Shuford further stated that DCAB has a defensible position and it will most likely be upheld. Mr. Johnson also inquired of staff who was responsible for the removal of grass in front of commercial buildings. Mr. Shuford stated he would research his question and report back to him at the next meeting. G. Board & Staff Comments Mr. Schwob stated he had reported two items directly to John Richter: 1) that a young woman would be opening Mako's Plus on October 11, 1990 as Equator which would cause a lot of publicity, and 2) an establishment they had trouble with before with a change of ownership, Grandstand at Enterprise and Belcher, had a sign up stating it was under new ownership. Mr. Shuford advised the Board with regard to the first item that they have applied for a Conditional Use Permit and would be coming before the Board soon, and that he would research the second item. Mr. Ferrell asked what would be done about the outside seating at Britt's and Mr. Shuford stated they had been waiting to hear the Board's decision and would follow up on it now. In further discussion the Board felt that applicants should be put on notice by something besides the Code when applying for a building permit, perhaps by signing an affidavit that stated whether they intended to ask for a beer and wine conditional use permit, so they would know whether they could be approved before expending any money for construction. Mr. Shuford suggested as an interim procedure the staff would compose a statement for the applicant to sign which would say the permit was for the restaurant and not a conditional use permit for alcoholic beverage sales. The Board expressed strong concern over future small motel conversions and felt their decision on Britt's today would establish a precedent, but that the ruling most likely would be appealed. Ms. Nixon suggested the Board propose to the City Commission that when a motel wants to change its use to a restaurant, they be told they can change it, but they cannot apply for a variance. Mr. Mazur brought up the fact that Britt's was giving beer away to get around the parking variance and felt this should be prohibited. Mr. Polatty suggested regulating the "serving" of beer as opposed to regulating the "selling" of beer. Mr. Mazur asked for an update on Pearlys and Mr. Shuford stated the Harbor Master had just informed him that a waiver agreement for Pearlys would be going to the City Commission on October 18, 1990, and that he did not believe a Conditional Use Permit would be required for that property. Mr. Polatty stated the staff would get a copy of the waiver agreement for the Board Members to review at their next meeting. Ms. Nixon inquired about Andy's Auto and Mr. Shuford advised they would be coming before the Board with a Conditional Use request. Ms. Nixon further inquired about Lokey's beside The Bank of Commerce on Gulf-to-Bay, and Mr. Shuford advised they had not requested a Certificate of Occupancy yet and that he would research it further and report to them at the next meeting. Ms. Nixon also asked the staff to look into the storage of motorhomes at Belcher and Sunnydale. Ms. Nixon stated she was most offended by Jerry Sternstein's condescending attitude with the Board and felt the City Manager should be notified, to which the Board concurred. Mr. Shuford advised the Board he would again provide them with the Code of Enforcement Activities List at the next meeting. He requested the Board to take the item on Coastal Construction Control Line off the table for their next meeting on October 16, 1990, as the City Commission hoped to take it up at their October 18, 1990 meeting, and that he would give them further information on it. The meeting was adjourned at 3:45 p.m. James M. Polatty, Jr., Director of Planning and Development