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02/19/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, FEBRUARY 19, 1991 Members Present: Chairman Schwob, Ms. Nixon, Messrs. Ferrell, Hamilton (arrived 1:48 p.m.), Johnson, and Mazur Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Doreen Feldhaus, Recording Secretary Chairperson Schwob 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. January 8, 1991 Mr. Schwob stated the minutes were not completed at this time. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Lot 12 less street, A.H. Duncan's Resub. (1448B S. Missouri Avenue) Cecelia S. Schwartz, D.S. Pallet Service, CU 90-07 Request - Extension of 6 months Mr. Shuford stated staff received a letter requesting an extension for this item and reviewed with the Board the actions taken by the Board. Mr. Shuford stated staff had not had the opportunity to visit the site or to research what had transpired since the Board's action taken on February 13, 1990 and recommended this item be continued to the next meeting. Discussion ensued regarding the conditions set forth by the Board and it was the consensus of the Board that the applicant should be present to state reasons why one year was not enough time. Motion was made by Mr. Johnson, and seconded by Mr. Ferrell, to continue the above request to the meeting of March 5, 1991. Motion carried unanimously (5 to 0). 2. M&B's 22.03, 22.031 & 22.04, Sec. 15-29-15, (801 Drew St.) Southland Corporation, CU 91-11 Request - To permit child day care Zoned - UC/E (Eastern Corridor Subdistrict, Urban Center District) Mr. Shuford stated the required traffic study was submitted just today, and that staff has had no time to review it and therefore recommended continuing this request to the next meeting. Motion was made by Ms. Nixon, and seconded by Mr. Ferrell, to continue the above request to the meeting of March 5, 1991. Motion carried unanimously (5 to 0). C. CONDITIONAL USES: 1. Lots 18-23, Blk. 3, Bayview Terrace Sub.; Lot 1 Major's Manor Sub.; and M&B 23.02, Sec. 16-29-16 plus south 1/2 of vacated alley, (3070 Gulf-to-Bay Blvd.) Merle F. and Dolores Amic (Kapok Travel Trailer Park), CU 91-14 Request - To permit outdoor retail sales, displays and/or storage (recreational vehicle sales) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Patrick Maguire, 1150 Cleveland St. #310, applicant's representative, stated that this property has been used for the sale of recreational vehicles for many years. Mr. Maguire stated that Florida's Department of Transportation (DOT) has taken the front portion of the parcel and that there used to be a number of display spaces there. Mr. Maguire reviewed the current site plan of the property as it appears today and noted there is no longer room between the fence and the roadway to display vehicles. He stated the request is an attempt to recover some display space lost in the DOT taking. Discussion ensued regarding the configuration of the park; the staff's recommended conditions of approval and landscaping. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton and seconded by Mr. Johnson, to continue the above request to the March 5, 1991 meeting. Motion carried unanimously (6 to 0). 2. M&B's 41.01 and 41.03, Sec. 18-29-16, (20568 U.S. 19 N) Angel Properties (Stingers), CU 91-15 Request - To permit on premise consumption of beer, wine and liquor Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Tim Johnson, 911 Chestnut Street, applicant's representative, stated he represents the property owners and the operator of Stingers. Mr. Johnson reviewed the certified site plan previously approved to locate Stingers at the southwest corner of the shopping center site. It is now proposed to add less than 5,000 sq. ft. in the form of a balcony in the existing building rather than a separate structure. Mr. Johnson noted the following corrections to the application: the correct additional square footage is 4856.6 sq. ft.; and that a drawing submitted with application indicated a kitchen which will be used for storage rather than a kitchen. Discussion ensued regarding the updating entire Jersey Jim's shopping center site plan to today's standards and the staff's proposed conditions of approval. In support, Vincent Luppino, 11123 - 103th Avenue, Largo, stated he is very familiar with the location and that it is a very dismal corner and anything they can do with this site would be an improvement. No persons appeared in opposition to the above request. Discussion ensued with the Board members expressing concerns including the following: the traffic associated with the center, improving this site, and further redevelopment of the entire shopping center. Motion was made by Mr. Hamilton, and seconded by Ms. Nixon, to approve the above request subject to the following conditions: 1) The requisite building permit and alcoholic beverage license shall be obtained within six (6) months of this public hearing; and 2) The applicant shall obtain the required alcoholic beverage minimum separation distance variance from the City Commission. Motion carried unanimously (6 to 0). 3. Lots 33 and 46, Court Square Sub., together with vacated alley (401 S. Ft. Harrison Ave.) Park Terrace of Clearwater, Inc. (The Old Bailey), CU 91-16 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. Silas Aneelson, 1304 5th Terrace NW, Largo, applicant, stated the business will be an English style restaurant/pub catering to business people and tourists. Mr. Aneelson stated he currently is operating a pub/restaurant in Seminole which features a gentleman playing guitar and piano. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The applicant shall procure a building permit and occupational license within six (6) months of this public hearing; 2) The applicant shall be restricted to on premises consumption of alcoholic beverages with package sales prohibited; and 3) The large Park Terrace Restaurant sign located on Garden Avenue shall be removed. Motion carried unanimously (6 to 0). 4. Part of Lots 2 and 3, Mosell Acres (2140 Drew St. Units H, I and J) Drew Master Center, Inc. (Annie's Nut House Sports Pub) CU 91-17 Request - To permit on premise consumption of beer and wine Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Anna Luppino, 6420 - 92nd Place No. #1203, Pinellas Park, applicant stated this will be a neighborhood bar family operated with darts and pool leagues with tournaments. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months; 2) The hours of operation shall be limited to 8:00 a.m. to 2:00 a.m. daily; with the sale of beer and wine on Sundays to be restricted to the hours of 1:00 p.m. to 2:00 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 issuance of the requisite occupational license; and 4) The operation shall be restricted to on premise consumption only, with no package sales. Motion carried unanimously (6 to 0). 5. Lots 118 and 119, Lloyd-White-Skinner Sub. (348 Coronado Dr.) Robert E. Malke (Rose Garden Restaurant) CU 91-18 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. George Greer, 600 Cleveland St. #685, applicant's representative, stated he is representing the property owner and the proposed tenant. Mr. Greer noted the applicant is requesting to add the sale of beer and wine to an existing restaurant and there is no need for additional parking or landscaping. He stated the use is compatible with the area and noise would not be a problem. Franz Henikl, 610 Island Way #406, operator of the business, stated he plans to serve good quality European type food and seafood in a pleasant atmosphere and that he wishes to be able to sell a glass of wine or beer with dinners. In response to questions by the Board, Mr. Henikl stated he will be the head waiter and has had 20 years experience in the restaurant business. Mr. Greer stated the staff's recommended conditions of approval are acceptable, and that the hours of operation will be 11:00 am to 11:00 p.m. 7 days a week. No persons appeared in support of or in opposition to the above request. Discussion ensued with the Board members expressing concerns including the following: surrounding uses, setting a president for alcoholic beverage sales in locations of this type, and the lack of objections from the public. Motion was made by Mr. Hamilton, and seconded by Mr. Ferrell, to approve the above request subject to the following conditions: 1) The applicant shall procure a building permit and occupational license within six (6) months of this public hearing; 2) There shall be no package sales; 3) The applicant shall obtain approval of a seating variance from the Development Code Adjustment Board; 4) The applicant shall obtain approval of a separation distance variance from the City Commission; and 5) The business closing time shall be 11:00 p.m. Motion carried 4 to 2. Mr. Johnson and Ms. Nixon voted "nay" as they felt approving this request would set a president to allow alcoholic beverage sales on a street not presently used for this use and does not meet the standards for approval. 6. Lot 1, Blk. A, Columbia Sub. and Lots 44-47 and Lots 90-97, Lloyd-White-Skinner Sub. (101 Gulfview Blvd.) Antonios Markopoulos (Sea Breeze Grill), CU 91-19 Request - To permit on premise consumption and package sales of beer, wine and liquor Zoned - CR-28 (Resort Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Bruce Harlan, 326 Belcher Road, applicant's representative, stated the addendum to the application states they are not requesting outside package sales, just the sale of alcoholic beverages inside the restaurant and as a part of room service for guests. Mr. Harlan stated they would like to be able to be open until 1:00 a.m. to better serve their guests. Mr. Harlan noted the servers are nicely dressed and there will be no entertainment. 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 potential of package sales to non-guests, the serving of alcoholic beverages as part of room service and the requested hours of operation. Motion was made by Mr. Hamilton, and seconded by Mr. Johnson, to approve the above request subject to the following conditions: 1) The applicant must procure requisite building permit within six (6) months of this public hearing; 2) The applicant shall obtain the required alcoholic beverage minimum distance separation variance from the City Commission; 3) The hours of operation for the restaurant shall be from 7:00 a.m. until 1:00 a.m., except where prohibited by City or State regulations (i.e., Sunday alcoholic beverage sales regulations), and the kitchen shall remain open to within one hour of closing; 4) The seating capacity shall not exceed 90 indoor seats and 44 outdoor seats; 5) All applicable health and other regulations shall be met for the outdoor seating; and 6) The conditional use permit shall be for on premise consumption only, with no package sales, with the exception of room service. Motion carried unanimously (6 to 0). D. CHAIRMAN'S ITEMS Mr. Schwob shared with the Board a thank you note received from Ms. Cormier for flowers sent to wish her well during her recent surgery. Mr. Schwob stated a new Board member will be appointed after the March 7th City Commission meeting. E. DIRECTOR'S ITEMS Mr. Shuford stated the hearing officer made a statement regarding the Britts appeal, that whether there is sufficient parking or not on-site is not something the Planning and Zoning Board should consider or base their decision on, and that this is the responsibility for the Development Code Adjustment Board (DCAB). Discussion ensued regarding the sequence required by Code for items requiring a separation variance Planning & Zoning Board, then DCAB, then the City Commission. It was also discussed that additional standards for approval are needed for conditional use requests. F. BOARD & STAFF COMMENTS Discussion ensued regarding parking requirements, whether this Board could relay concerns to DCAB. Meeting adjourned at 4:25 p.m. James M. Polatty, Jr., Director of Planning and Development