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04/30/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, APRIL 30, 1991 Members Present: Chairman Schwob, Ms. Nixon, Messrs. Carassas, Ferrell, Hamilton, and Mazur Members Excused: Mr. Savage 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. April 2, 1991 2. April 16, 1991 Motion was made by Mr. Hamilton, and seconded by Mr. Ferrell, to approve the minutes of April 2 and 16, 1991. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. CONTINUED FROM APRIL 16, 1991 Lot 24 and east 1/2 of vacated street on west, Blk. 24, Marymont Sub. (1902 Drew Street) Alternative Auto/Mark A. Arner, CU 91-29 Request - To permit 1) outdoor retail sales, displays and/or storage (automobile sales) and 2) vehicle service Zoned - CG (General Commercial) Mr. Shuford gave the background of the case stated that this item was continued from the April 16, 1991 meeting to allow the applicant to submit a revised site plan. The revised plan has not been submitted at this time and staff recommends continuance of this item to the next meeting. Motion was made by Mr. Hamilton, and seconded by Ms. Nixon, to continue the above request to the May 14, 1991 meeting. Motion carried unanimously (6 to 0). C. CONDITIONAL USES: 1. Lots 1-10, Blk. C, Bayside Shores Sub., (735 Bayway Blvd.) William Kebort (Cabana's [previously Sharkey's]), CU 91-30 Request - To permit on premise consumption of beer, wine and liquor Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and stated that a letter of withdrawal had been received and that staff recommends accepting the withdrawal. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to withdraw the above request. Motion carried unanimously (6 to 0). 2. Lots 5 and 6, Blk. B, Barbour Morrow Sub. (423 Poinsettia Ave.) Joseph & Lucy Caraco, Anthony & Louise Linares and Frank & Maria Iocolano (Lucia by the "C"), CU 91-31 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 recommendation. Harry Cline, 400 Cleveland Street, applicant's representative, stated the request is to serve beer and wine with meals and that the business will continue to operate as a sit down restaurant. Mr. Cline noted that their business takes place primarily after 5:00 p.m. Mr. Cline stated that the request meets all criteria of the City Code with the exception of the parking variance and that the business is compatible with the neighborhood. Mr. Cline added that the business owner would like to be able to remain open until 12:00 midnight on Fridays and Saturdays and asked that the Board approve this request. Discussion ensued regarding the parking situation and the parking/outdoor seating issue for McDonalds on Clearwater Beach. Joseph Caraco, 18 Eastview, Bellricca, Massachusetts, the owner and operator of Lucia by the "C", stated that they were approached by McDonalds to lease parking spaces to them, but they refused to do so. Instead, McDonalds leased a store, which is still empty, for the purpose of using the parking. Mr. Caraco stated he has not observed these parking spaces being used by McDonalds customers, but rather employees of McDonalds. In response to questions by the Board, Mr. Caraco stated that 90% of his customers are walk-ins and that his parking lot is never full. Mr. Caraco added that they wish to serve the beer and wine with meals. Discussion ensued regarding limiting the take out of alcoholic beverages, the hours of operation, and parking requirements. No persons appeared in support of or in opposition to the above request. 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 obtain a variance to the parking requirements from the Development Code Adjustment Board; 2) The applicant shall obtain a variance to the separation requirement from the City Commission; 3) All necessary licenses, permits, and variances shall be obtained within six months from the date of this public hearing; 4) Alcoholic beverage sales shall be limited to on premises only consumption with no package sales; and 5) Closing time shall be no later than 12:00 midnight. Motion carried unanimously (6 to 0). 3. 650 Island Way, Island Estates, 650 Island Way Condominium Association, Inc., CU 91-32 Request - To permit blanket approval for marina boatlifts Zoned - RM-28 (Multi-Family Residential) and AL/C (Aquatic Lands Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Discussion ensued regarding three boatlifts that have been installed without permits and whether they will be required to obtain conditional use permits. The Board members expressed concerns including the following: whether these types of requests could be handled administratively as part of the building permit process, and whether letters should be sent to condominium associations or a press release issued regarding "blanket approval" for these types of requests. James Sweeney, 650 Island Way, representing 650 Island Way Condominium Association, stated he is the owner of one of the condos and would like information as to what they will be required to do to be in compliance for approval of this request. In response to questions by the Board, Mr. Sweeney stated he not sure exactly how many parking spaces there are, but that one space is assigned to every apartment, and that there are an additional 15 to 16 guest parking spaces. No persons appeared in support of or in opposition to the above request. Discussion ensued regarding conditions for approval. Motion was made by Mr. Mazur, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) A building permit be obtained for the three existing boatlifts within three (3) months of the date of this public hearing; 2) No portion of the marina structure, including tiepoles shall extend further than 55 ft. from the seawall; and 3) Since it is the goal of this condition to eliminate the need for additional parking spaces, the marina slips shall be used exclusively by 650 Island Way Condominium occupants only. Slips shall not be leased and shall be used only by the occupants of the condominium unit to which the slips are assigned. Motion carried unanimously (6 to 0). 4. M&B 14.052, Sec. 17-29-16 (2950 Gulf to Bay Blvd.) Gertrude A. Nall (The Golden Dream Restaurant), CU 91-33 Request - To permit on premise consumption of beer, wine and liquor Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation and stated that one letter of objection had been received. Konstantinos Kiriopoulos, 205 Keystone Dr., applicant, stated he wishes to transfer the license from Mr. Vasiliadis (the previous owner) and that there will be no change in the operation of this family oriented restaurant. Discussion ensued regarding a letter of objection received from the Wilder Corporation and it was the general consensus of the Board that the restaurant involved in this request is not the one causing the problems referred to in the letter. John Vasiliadis, the previous owner of the restaurant, stated the Wilder Corp. is not next door to the restaurant and that it is too far away to cause any problems with parking as the parking lot to the restaurant is never completely full. Mr. Vasiliadis felt the problems are not from this restaurant. No persons appeared in support of or in opposition to the above request. Discussion ensued regarding hours of operation. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) Closing time shall be no later than 11:00 p.m.; 2) All signs shall be brought into conformance with City sign regulations on or before Oct. 13, 1992; and 3) The requisite occupational license being obtained within six (6) months of the date of this public hearing. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. An ordinance relating to the protection of the potable water supply; creating a new Chapter 102, Code of Ordinances, consisting of Sections 102.01 through 102.04; requiring a wellhead protection permit be obtained not later than July 1, 1991, by any business, commercial, industrial or other nonresidential activity involving the use, handling, conveyance or storage of any contaminating material to be established or expanded on property within 200 feet of a potable water supply well; requiring a wellhead protection permit be obtained not later than December 31, 1991, by all existing nonresidential activities involving the use, handling conveyance or storage of contaminating materials onproperty located within 200 feet of a potable water supply; requiring the submission and approval of a protection-containment plan; providing for enforcement and penalties; providing an effective date. Mr. Shuford gave a brief overview of the proposed ordinance. Mr. William Baker, Director of Public Works, explained and discussed the ordinance in detail. Discussion ensued with the Board members expressing concerns including the following: the permitting and revocation processes, and change of property and business ownership. Motion was made by Mr. Mazur, and seconded by Ms. Nixon, to approve the above ordinance subject to the following three changes: (1) Section 102.03(a). Revise the first sentence to read "As of Not later than,..."; (2) Section 102.03(a). Provide for a new permit when change of property ownership or business ownership occurs; and (3) Section 102.03(b). Require permits to be obtained within 60 days of application date. Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS None F. DIRECTOR'S ITEMS Mr. Shuford stated staff is working on resolving items listed on the Issue/Response Schedule. G. BOARD AND STAFF COMMENTS Mr. Hamilton stated the next meeting will be Ms. Nixon's last meeting and would like to have a farewell luncheon for her. Mr. Hamilton stated that he felt a luncheon is appropriate as the press can be notified and are welcome to attend, and that Board business is never discussed at these types of gatherings. The luncheon was scheduled for May 14th, 11:30 a.m. and the Belleview Biltmore. Discussion ensued regarding considering parking requirements for conditional uses. Mr. Shuford suggested in regard to "blank approvals" for boatlifts, that sending letters to condominium associations that have boat slips be postponed until staff can research changing the Code to make this an administrative type approval. Ms. Nixon stated Lokey Motors on Gulf to Bay is still not in compliance. Mr. Shuford stated that the landscaping requirements were tied in with the certified site plan in this case, and that the certified site plan will soon expire and the City will be able to take enforcement action at that time. Meeting adjourned at 3:40 p.m.