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11/15/1990 MINUTES PLANNING & ZONING BOARD TUESDAY, NOVEMBER 13, 1990 Members Present: Chairman Johnson, Ms. Nixon (arrived 1:34 p.m.), Messrs. Mazur, 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 1. October 30, 1990 Motion was made by Mr. Gans, and seconded by Mr. Schwob, to approve minutes of October 30, 1990 as corrected. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Lots 7-11 and part of Lot 12, Blk. L, Hibiscus Gardens (211 S. Missouri Ave.) YWCA of Greater Clearwater, Inc., (Community Pride Child Care), CU 89-82 Mr. Shuford stated the original conditional use for this application was approved October 31, 1989 and a 6 month extension was granted May 15, 1990 which is due to expire November 15, 1990. Martha Skelton, Director of Community Pride Child Care, advised this location was formerly the YWCA thrift shop a year ago and planned to rent it for day care use. In the interim the YWCA changed their plans and were no longer willing to rent the building. Ms. Skelton stated Community Pride had to then arrange to buy the building and this caused the delay. Ms. Skelton noted Community Pride closed on the building August 30th and they now need more time to allow contractors to bid and then procure their building permit and are now requesting an additional 6 months extension. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request for a 6 month extension. Motion carried unanimously (7 to 0). C. CONDITIONAL USES: 1. Lot 5, Countryside Village Square Sub. (2549 Countryside Blvd.) Countryside Village Ltd. (Jo-To Japanese Restaurant), CU 90-75 Request - To permit on premise consumption of beer and wine Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Takeshi Teshima, 2833 57th Street, Sarasota, applicant, stated he would like to serve beer and wine with dinner and is currently operating restaurants in Tampa and Sarasota as well. In response to questions by the Board, Mr. Teshima stated the only entertainment would be occasional demonstration of Japanese music and instruments. David Hanson, employee of the Trammel Crow Co., the leasing/management firm for the shopping center, stated he handled the lease with Mr. Teshima, and that the hours of operation will be approximately 5:30pm to 11:30pm and the outdoor deck will not be used. He noted that Mr. Teshima's restaurant in Tampa was just voted the number one Japanese restaurant in Tampa Bay. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The applicant must obtain approval by the City Commission for a 75 ft variance to the 300 ft. separation distance required from a residential zone; 2) The applicant shall obtain an occupational license within six (6) months of this public hearing; and 3) The alcoholic beverage sale shall be limited to on-premise consumption only with no package sales. Motion carried unanimously (6 to 0). 2. Boat Slip 3, Bayside Condo (800 Bayway Blvd.) Jack G. & Pierre Baratelli, CU 90-76 Request - To permit cradle boat lift Zoned - CR-28 (Resort Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford added that staff had contacted the Harbormaster who advised by telephone he had no problem with this request, and that the proposed request will not negatively effect the waterview of surrounding properties. Steve Brunner, 8579 95th Terrace North, Seminole, applicant's representative, stated the proposed boat lift is an 8,000 pound Davit Master which is low profile and will not obstruct the view of surrounding properties. In response to questions by the Board, Mr. Brunner stated the largest boat that could be handled by this lift would be up to 8,000 pounds, the size would vary according to the type of boat. He noted that Mr. Baratelli's boat is 25 ft. Mr. Brunner added that this lift will be used by Mr. Baratelli only, and that Mr. Baratelli is the owner a Bayway Condo Unit. No persons appeared in support of or in opposition to the above request. Discussion ensued with the Board members expressing concerns including the following: the effect on parking and renting of boat slips. Mr. Shuford advised that staff is considering a Land Development Code Amendment addressing this problem. Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to approve the above request subject to the following conditions: 1) The applicant shall obtain requisite building permit within six months of this public hearing; and 2) The lift shall be for the exclusive use of the owner for his boat only. Motion carried unanimously (7 to 0). 3. Lots 10 and 11, and part of Lot 12, Blk. D Pine Ridge Sub. (1407-1409 Betty Lane No.) Bruce Mesagno (Betty Lane Supermarket), CU 90-77 Request - To permit package sales of beer and wine Zoned - CG (General Commercial) Mr. Shuford stated that in order to allow the Police Department sufficient time to review this application, it is recommended this request be continued. Mr. Polatty stated that the applications are sent to three divisions within the Police Department and the Vice & Intelligence Division advised that they need more time to review this application. Discussion ensued concerning whether the request should be continued in this situation. Mr. Gans suggested the approval be subject to a favorable report being received from the Police Department. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Christopher J. Raleigh, 6861 98th Ave. No., Pinellas Park, applicant stated he has no problem with the conditions recommended by staff. He stated a detective from the Police Department had contacted him and advised that the essence of the investigation is to determine whether any officers of the corporation had been arrested for a felony in the last five years and that will not be problem for either himself or his partner. Mr. Raleigh stated this is a grocery store with fresh meat and poultry and other grocery items and well as specialty ethnic foods, and wish to add the sale of beer and wine. In response to questions by the Board, Mr. Raleigh stated this is the first venture for this corporation and that he has 8 years experience in retail foods. Mr. Raleigh stated this corporation is not connected in any way to the previous tenants. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within 6 months; 2) The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. daily; with the sale of beer and wine on Sundays to be restricted to the hours of 1:00 p.m. to 11:00 p.m.; 3) The applicant shall obtain variance approval from the City Commission to the 200 foot distance restriction to allow the establishment to be within 79.24 feet from the adjacent property to the north which includes an existing 2APS establishment; 4) The one door for the establishment which is within 50 feet of residential shall be used as an emergency exit only. Also, no deliveries or building services shall occur between the hours of 10:00 p.m. to 6:00 a.m. on any day; 5) There shall be no on-premise consumption of alcoholic beverages allowed; and 6) The conditional use permit shall be contingent upon receipt of a favorable report from the Police Department; should the report not be favorable the request shall be reheard by this Board. Motion carried unanimously (7 to 0). 4. Lot 17, Missouri Heights and Lots 10-12, Blk. A, Salls Sub. 2nd Addn. (1395 Missouri Ave.) Dennis R. DeLoach, Jr., CU 90-78 Request - To permit vehicle service (auto detailing) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Dennis DeLoach, 8486 Seminole Blvd., Seminole, applicant, stated that he is the owner of the property and has a lease with Mr. Glen Schafer and stated he felt the proposed use is appropriate for this location. Mr. DeLoach stated the recommended conditions will not be a problem for his tenant. In response to questions by the Board, Mr. DeLoach stated there is room inside at this location to work on 2 or 3 cars at a time and that the tenant's intention is for the work to be done inside. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) An occupational license shall be obtained within six (6) months from the date of this public hearing; 2) The use shall be limited to auto detailing/cleaning only, with no outdoor storage of parts, outdoor display/storage of vehicles for sale, and no mechanical repairs being conducted on the premises; and 3) All vehicle service activities (auto detailing/cleaning) shall be conducted inside the structures. Motion carried unanimously (7 to 0). 5. Part of Lots 2 & 3, Mosell Acres (2140 Drew Street) Drew Master Center, Inc. (Murphy's Locker Room & Cafe, Inc.), CU 90-79 Request - To permit on premise consumption and package sales of beer and wine Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Discussion ensued regarding percentage allowed for window signage. Debra Payne, 3034 Parkway Blvd., Kissimmee, Florida, President of Murphy's Locker Room & Cafe, Inc., stated they plan to operate a sports pub with beer, wine and food. In response to questions by the Board, Ms. Payne stated there will be no entertainment, and that there will be televisions showing sporting events. Ms. Payne stated she has experience working in sports pubs. John Esposito, 7849 46th Ave. No., St. Petersburg, FL, applicant stated Ms. Payne is authorized to represent him. In response to questions by the Board, Mr. Esposito stated the condition requiring the parking lot to be restored to the approved layout would not be a problem. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within 6 months; 2) The hours of operation shall be limited to 11:00 a.m. to 1:00 a.m. daily; with the sale of beer and wine on Sundays to be restricted to the hours of 1:00 p.m. to 1:00 a.m; 3) The parking lot shall be restored to the approved layout which shall include the restoration of the landscaped planters. An acceptable plan shall be submitted to the Traffic Engineer. The parking lot shall be restored and approved by Traffic Engineering prior to the issuance of the requisite occupational license; 4) The operation shall be limited to on-premise consumption only, with no package sales; and 5) All signs must conform to City Code prior to issuance of the occupational license. Motion carried unanimously (7 to 0). 6. Part of Blk. 6, Wallace's Addn. to Clearwater (606 Turner Street) Harold S. & Hazel M. Wallace CU 90-80 Request - To permit outdoor retail sales displays and/or storage of plants Zoned - CG (General Commercial) Mr. Johnson advised a letter from the applicant had been received requesting their application for conditional use be continued. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to continue the above request to November 27, 1990. Motion carried unanimously (7 to 0). 7. 700 Island Way II Condo, (736 Island Way, Unit 906) Robert Dimoff, CU 90-81 Request - To permit marina boat lift Zoned - RM-28 (Multiple-Family Residential) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Al Schmoyer, 501 Lauden Avenue, Dunedin, applicant's representative stated this particular Condo Association is active in regulating things such as the parking. The association requires that the boat slips are not rented to any one and that they are used by the tenants for their own boats only. Mr. Schmoyer added that the Condo association also limits the size of the boats. Mr. Schmoyer stated the proposed lift is a low profile lift and will not obstruct the view. In response to questions by the Board, Mr. Schmoyer stated: the boat lifts last indefinitely with very little maintenance, depending on the quality of the lift. Mr. Shuford asked Mr. Schmoyer to provide specifications for boat lifts so that a code amendment could be considered to allow these low profile type boat lifts without requiring conditional use approval. Discussion ensued regarding the possibility of requesting a "blanket" approval for boat lifts. Robert Dimoff, 736 Island Way, applicant, stated that his boat will not be higher than his neighbor's boat and will not be a deterrent to the area. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) The applicant shall obtain requisite building permit within six (6) months of this public hearing; and 2) The lift shall be for the exclusive use of the owner for his boat only. Motion carried unanimously (7 to 0). 8. Lot 1, Clearwater Tower Sub. (600 Cleveland St.) MAS ONE Limited Partnership (The Harborview Club), CU 90-82 Request - To permit on premise consumption of beer, wine and liquor Zoned - UC(C) (Urban Center Core) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and reported that the Police Department advised they have no objection to this request. Discussion ensued regarding restricting the hours of operation. Elise Winters, 525 Chestnut Street, applicant, stated the Harborview Club has been in existence since 1980 as a membership club, the only change is the club will no longer be membership owned, MAS ONE will be the owner and the Club Corporation of America will be running the club. Ms. Winters stated she feels the club will be an asset to downtown Clearwater. She added that no restriction of the hours of operation would enable them to have private parties that may run later than the hours indicated on the conditional use application and asked if that condition be deleted. In response to questions by the Board, Ms. Winters stated the usual hours operation would be from 10:30 a.m. to 11:00 p.m. on Saturdays, and 10:30 a.m. to 6:00 p.m. on Sundays. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following condition: The requisite occupational license be obtained with six (6) months from the date of this public hearing. Motion carried unanimously (7 to 0). Mr. Shuford asked Ms. Winters to provide the Planning & Development Department with a letter amending the hours of operation as stated on the conditional use application for the file. Ms. Winters agreed to do so. D. LAND DEVELOPMENT CODE TEXT AMENDMENT: 1. An ordinance relating to the Land Development Code amending Sections 134.015, 134.018, 137.012, & 137.020, Code of Ordinances, to provide that variances from the sign regulations may be granted by the City Commission rather than the Development Code Adjustment Board (DCAB); clarifying the powers and duties of the DCAB with respect to variances from the sign regulations and alcoholic beverage establishment minimum separation requirements; providing an effective date; providing for application to pending applications for variances from the sign regulations. Mr. Shuford noted the following two concerns were expressed by DCAB in regard to this proposed ordinance: 1) the ordinance is written so that the ordinance shall apply to any application submitted after October 29, 1990 and the ordinance has not yet been passed, and 2) that the hearing officer should be included in the appeals process. Mr. Polatty added that the City Attorney suggested to the City Commission that it is not appropriate to have a hearing officer rule on the decision of the City Commission. Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to approve the above ordinance subject to (1) the date in Section 6 to being changed from October 29, 1990 to the effective date of the ordinance; and (2) the appeal procedure for City Commission decisions go through the court system rather than a hearing officer. Motion carried 6 to 1 (Mr. Hamilton voting "nay" as he felt these decisions should be determined by the City's administrative boards). E. Board and Staff Comments Discussion ensued regarding serving of "free beer". A motion was made by Mr. Schwob, and seconded by Ms. Nixon, that a possible amendment to the Code be developed that would prohibit the serving of free alcoholic beverages by businesses in circumvention of full conditional use approval. Motion carried unanimously (7 to 0). Discussion ensued regarding advertising requirements for requests for extension and the issue of ownership/renting of boat slips and related parking problems was discussed. Ms. Nixon suggested a requirement that boat lifts be made of non-corrosive material. Meeting adjourned 3:45 p.m. James M. Polatty, Jr., Director of Planning and Development