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05/14/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, MAY 14, 1991 Members Present: Chairman Schwob, Ms. Nixon (arrived at 1:38 p.m.), Messrs. Carassas, Ferrell, Hamilton, Mazur and Savage Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Pat Fernandez, 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 Motion was made by Mr. Hamilton and seconded by Mr. Ferrell, to approve the minutes of April 16, 1991. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Request for Extension (6 months) M&B 23.04, Sec. 18-29-16, (126 S. Belcher Rd.), Gulf Bay Animal Hospital/Scot M. Trefz CU 90-70 Request - Expansion of existing boarding facility (for pets) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Ferrell announced he had a conflict of interest and would not participate in the discussion or vote on this item. Ann Trefz, 125 S.Belcher Road, applicant, stated they have changed architects and this additional time is needed. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Ms. Nixon, to approve a twelve (12) months extension from the date of this hearing to obtain a building permit. Motion carried (6 to 0). 2. Continued from April 16, 1991 and April 30, 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 and submitted, in writing, the staff recommendation. Steve Eiseman, 834 Lantana Avenue, owner's representative, stated his plans were not to do heavy servicing but would detail cars to sell on the lot. He intends to run a clean operation and will upgrade the building and landscape the site. He will do whatever is asked of him if we grant his request. Of the five garages on the site, one will be a service bay and four will be for employee parking. In opposition, Ronald Miller, 1908 Drew Street, stated he owns his building and has had an insurance agency next door for sixteen years. He foresees problems with the applicant's customers parking on his property and feels a used car lot does not belong there. He also feels the area inside a garage is insufficient to perform any services. A garage access agreement (to the north on the property) has been in effect for years as fifteen garages were built and then the property was subdivided. The owners or renters of the other ten garages have access across the subject property to their garages. He feels with space constraints that work would be done outside the garage which would block their access. Also in opposition, Steven Beneke, 1904 Drew Street, stated he felt applicant would violate the cross-parking easement agreement (to the west on the property) as it is for public purposes and parking cars on it would violate its intent. He stated that he drafted the agreement but does not recall its content. He added that the City uses the easement to empty dumpsters on his property. Mr. Shuford stated Mr. Eiseman was aware if the city needed to use that easement he would lose four parking spaces for vehicle display. In rebuttal, Mr. Eiseman, stated the agreement did not allow required parking. He is using the parking for display purposes only. His site plan proves on paper that his setup is feasible. 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 permits shall procured within six (6) months from the date of this meeting; 2) A Certificate of Occupancy shall be obtained within twelve (12) months from the date of this public hearing; 3) A landscape plan shall be submitted to the Department of Public Works/Environmental Management for review and approval prior to the issuance of any building permits to include protection of the large deciduous tree. Therefore, the angled parking in the front may have to be relocated; 4) The outdoor display, sales and/or storage areas shall be clearly delineated on the site to assist in code enforcement. Parking or display of vehicles shall be prohibited within any required open space/yard areas or street rights-of-way; 5) No repairs or detailing shall occur between the hours of 6:00 p.m. and 9:00 a.m. Monday through Saturday and all day on Sunday; 6) There shall be no outdoor speakers; 7) All permitted vehicle service shall be indoors; 8) All parts shall be stored indoors; 9) All lighting shall be oriented away from the residential areas and street rights-of-way; 10) All signage shall conform to City code; 11) All vehicular display and access areas shall be paved according to City code; 12) Only one garage unit shall be used for vehicular service; 13) Repairs shall be limited to minor repairs not requiring removal of engines or transmissions; only cars to be sold shall be permitted to be repaired; 14) Customer parking for vehicular sales and service operations shall be clearly marked; and 15) The legal requirements pertaining to the public easement to the west of the property shall not be violated. Motion carried unanimously (7 to 0). C. CONDITIONAL USES: 1. Lots A and B, Bergens Replat, together with the E 1/3 of Lot 2 and the W 1/3 of Lot 3, Jones Sub of Nicholsons Addn to Clearwater, including vacated alley running north-south between W 1/3 of Lots 3 and Lots A and B together with the E 161.65 ft. of vacated east-west alley N of Lot B and W 1/3 of Lot 3 and E 1/3 of Lot 2. (300 N. Ft. Harrison Avenue), Salvation Army CU 91-34 Request - To permit non-commercial parking Zoned CG (General Commercial) and RM-28 (Multi-Family Residential) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Savage and Mr. Hamilton announced a conflict of interest and would not participate in the discussion or vote on this item. Capt. Tom Overton, 1625 Belcher Road, applicant's representative, stated they will be assisting the courts by having a house where first-time offenders can come on a monthly basis to pay restitution. The parking is needed for the planned facility. In support Jay Myers, 800 Drew Street, applicant's architect, in the absence of a site plan, provided the details of the plan. No persons appeared in opposition to the above request. Motion was made by Ms. Nixon, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) A Unity of Title including all lots which are a part of this application and plan shall be recorded prior to the issuance of a building permit; 2) The applicant shall record the requisite shared parking agreement prior to the issuance of a building permit. The agreement shall clearly state the number of required parking spaces for the exclusive use of the intended user and that parking will be acquired by the owner of the intended user on other property in the near vicinity if the owner of the off-site parking should decide to sever the agreement; 3) The requisite building permit shall be obtained within six (6) months from date of this public hearing; and 4) The requisite landscaping and fencing as per Section 136.023 of the Land Development Code shall be installed prior to the issuance of a certificate of occupancy for the proposed redevelopment of the site. Motion carried (5 to 0). 2. Lots 5, 7 and 8, Countryside Village Square, (2541 Countryside Boulevard, Suite 1) Countryside Cuisine/Countryside Village Ltd. CU 91-35 Request - To permit package sales of beer and wine Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Napoleon Malta, 3018 Geiger Court, applicant, stated he wants to open a retail store that will sell meats, bread, and gourmet frozen food as well as wine. Mr. Polatty advised the Board members of a City Commission discussion relative to closing times associated with alcoholic beverage requests, noting that hours of operation should not be established unless there is some clear public interest. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months of the date of this public hearing; 2) The sale of alcoholic beverages shall be restricted to package sales only; and 3) The applicant shall obtain approval from the City Commission for a zero ft. variance to the 200 ft. separation distance from another 2-APS package sales establishment similarly located in the vicinity. Motion carried unanimously (7 to 0). 3. M&Bs 32.01 and 31.02, Section 17-29-16, Clearwater Mall, (20505 US 19 North, Suite 150), Big Easy Cajun At Clearwater, Inc./Trizec Properties, Inc., CU 91-36 Request - To permit on-premise consumption of beer and wine Zoned - CC (Commercial Center) and OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Timothy Kung-Ti Yen, 101 S. Old Coachman Road, applicant's representative, stated he has opened a cajun restaurant in the food court of Clearwater Mall and would like to sell alcoholic beverages. In opposition, Robert Shear, 2605 Enterprise Road, an attorney representing Frank-N-Stein, expressed opposition to allowing a heavy concentration of alcoholic beverage licenses in close proximity as in a food court. Also in opposition, Sally Miller, 19135 US 19 No., the manager of Frank-N-Stein, stated she is concerned about overconsumption. The Board noted that Clearwater Mall has additional space to rent in the food court to businesses who might also seek an alcoholic consumption license. It was also noted that no one else appeared in opposition to this application. In opposition rebuttal, Mr. Shear, stated mall interests are obviously to fill spaces. In rebuttal, Mr. Yen, stated it appeared that Frank-N-Stein wanted the exclusive right to sell beer in the food court and that was not fair. He noted beer sales will be a small percent of his sales. Discussion ensued with the Board members expressing concerns including the following: Customers are shoppers who want to eat and something to drink. They could not recall having heard of a problem with alcoholic beverages in a mall food court. Persons in opposition usually appear before the Board. Motion was made by Mr. Ferrell, and seconded by Ms. Nixon, to approve the above request subject to the following conditions: 1) The sale of alcoholic beverages shall be restricted to consumption on premises with no package sales; 2) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; and 3) The applicant shall obtain approval from the City Commission for a zero ft. variance to the 200 ft. separation distance from another 2-COP (Schnickel Fritz) on-premise consumption sales establishment. Motion carried unanimously (7 to 0). 4. Lots 1 through 10, Blk. C, Bayside Shore Sub. (761 Bayway Boulevard), Cafe Casino/William Kebort CU 91-37 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. Elise Winters, 600 Cleveland Street, Suite 620, applicant's representative, stated the applicant's failure to change ownership was an oversight. Frances Roberts, 761 Bayway Boulevard, Clearwater Beach, stated they were ignorant of the need for change in ownership and apologized. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to approve the above request subject to the following conditions: 1) Closing time shall be on or before 12:00 midnight; 2) Alcoholic beverage sales shall be limited to on premise consumption only, with no package sales; and 3) The requisite occupational license showing current ownership (if needed) shall be obtained within one (1) month from the date of this public hearing. Motion carried unanimously (7 to 0). 5. Part of Lot 1, Blk. B, Columbia Sub, (207 Coronado Drive), Anchor Mini Mart/James Tracey CU 91-38 Request - To permit package sales of beer and wine Zoned - CR-28 (Resort Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. James Tracey, 207 Coronado Drive, Clearwater Beach, applicant, stated they are a walk-in operation and have no problem with any of the conditions set forth. 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 the 2-APS alcoholic beverage license designation from the State and requisite city occupational license within six (6) months; 2) The applicant shall enclose and landscape the perimeter of the existing dumpster serving the property in coordination with the City Sanitation Division and the Environmental Management Division prior to obtaining the requisite city occupational license; 3) The applicant shall provide one handicapped parking space; 4) The applicant shall remove all non-complying temporary signage on the property before an occupational license is issued; 5) The hours of operation shall remain 7:30 a.m. to 9:00 p.m. daily; 6) The applicant shall obtain requisite building permits within six (6) months of this public hearing; and 7) Parking stops will be provided at those spaces not currently having them. Motion carried unanimously (7 to 0). 6. M&B 32.08, Sec. 22-29-15, together with Lots 1-10 and Lots 45-52, Blk. C, Belmont Sub 2nd Addn. (832 Woodlawn Street), Woodlawn Church of God, CU 91-39 Request - To permit noncommercial parking Zoned - P/SP (Public/Semi-Public) and RM-8 (Multi-Family Residential) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Randy Morris, Pastor, 845 Woodlawn Street, discussed the church's plans with the Board. He stated the trees were taken into account in the site plan and they will preserve as many as possible. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Ferrell, to approve the above request subject to the following conditions: 1) A parking variance of 28 spaces shall be procured within six (6) months from the date of receiving a Conditional Use Permit; 2) A complete tree survey of the site shall be provided to the Environmental Management Division prior to review of the final site plan; 3) A driveway apron providing access from the edge of pavement of Woodlawn Street to the property line shall be installed to specifications of Public Works/City Engineer; 4) Perimeter landscaping of the parking lot shall be provided in compliance with the current landscape ordinance prior to a certificate of occupancy/final inspection of the parking lot; 5) A Unity of Title shall be recorded for the parking lot and the primary church property prior to certification of the site plan; and 6) The requisite site plan shall be certified within six (6) months. Motion carried unanimously (7 to 0). 7. Lots 8-11, Blk. 8, Clearwater Beach Sub. Rev. Plan (32 Bay Esplanade), Pick Kwik Food Stores, Inc./Nostimo, Inc., CU- 91-40 Request - To permit package sales of beer and wine Zoned - CB (Beach Commercial) Mr. Shuford advised he had received a letter from the applicant indicating they would like this item continued to June 18, 1991. Mr. Hamilton announced he had a conflict of interest and would not participate in the discussion or vote on this item. Motion was made by Ms. Nixon, and seconded by Mr. Savage, to continue the above request to the June 18, 1991 meeting. Motion carried (6 to 0). 8. M&B 14.06, part of M&B 14.08, Sec. 21-29-15, & part of vacated 1st Ave. adjacent to Map of Belleair, Blk. 10, Lot 1 and 11 and Blk. 9, Lots 1 and 13, together w/vacated 1st Ave adjacent to Belleview Court Sub, Blk. B, Lot 6 (621 Lakeview Rd. adjacent to S.C.L.R.R.) George L. Mallory General Inter Vivos Trust/Robert A. and Patricia A. Luke/and Seaboard Coastal Railroad Co., CU 91-41 Request - To permit noncommercial parking Zoned - IL (Limited Industrial) and RM-8 (Multi-Family Residential) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. A letter with multiple signature was received complaining about potential traffic problems. Jay Myers, 800 Drew Street, applicant's representative, explained the site plan to Board members. In response to questions on the Board, Mr. Myers stated there are no trees, but some brazilian peppers on the lot; and that the center is successful and they are requesting additional spaces within a residential zone. In opposition, Lois Cormier, 625 McLennan Street, stated she is alarmed as the property owner explained to her that he wants the ability to change some of the warehouses to office space and would like to be able to exit on McLennan Street. Mrs. Cormier stated industrial zoning abuts her neighborhood, but she feels they should not go into a residential area to get gain additional parking. She advised Mr. Mallory told her he would spend $100,000 on this expansion. In rebuttal, Mr. Myers stated he would support not allowing traffic ingress/egress on E Street and feels it should exit via the main road. Discussion ensued with the Board members expressing concerns including the following: What type of buffer Mr. Mallory might be willing to put it, the need for these spaces and why this amount of money is to be expended for this purpose. They further asked if the applicant might be planning to park RV's. They do not understand the need for 27 parking spaces for the operation of a mini storage center. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to continue the above request to the June 4, 1991 meeting. Motion carried unanimously (7 to 0). 9. Lots 21 and 33, Blk. E, Greenwood Park No. 2 (1215 N. Greenwood Avenue), Jon's Place/Frank and Alice Smith, CU-91-42 Request - To permit on-premise consumption of beer and wine Zoned - CNG (North Greenwood Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation for denial. Jon Feazell, P. O. Box 985, applicant's representative, stated the staff report was erroneous in the number of establishments, and that the staff report is not up-to-date. He stated he is an entertainer who wants to open up a lounge where he could provide a place to entertain professional people. Mr. Feasell noted that the Blue Fountain and La Coca are now closed. Mr. Shuford suggested the applicant secure a letter regarding his alcoholic beverage application or even better have a representative from the North Greenwood Association and the Neighborhood Housing Service Outreach appear to support his application. Discussion ensued with the Board members expressing concerns including the following: Many businesses, from a historical point, have failed in this area due to an overconcentration of bars. They feel a positive comment from a police representative would further enhance his request. No person appeared in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to continue the above request to the meeting of June 4, 1991. Motion carried unanimously (7 to 0) D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Code of Ordinances Text Amendment: An ordinance of the City of Clearwater, relating to the Land Development Code; amending Section 136.006, Code of Ordinances, relating to setbacks, to establish standards for free standing canopies projecting into certain required setbacks, and prohibiting the projection of free standing canopies over street rights-of-way in all zoning districts; permitting building fascias, awnings, and certain other building projections in street right-of-way setbacks and over street rights-of-way in the Beach Commercial, North Greenwood Commercial, and Urban Center District, subject to certain limitations; requiring a minimum clearance over grade of at least nine feet, rather than eight feet, for certain building projections over street rights-of-way; defining "free standing canopy;" providing an effective date. Motion was made by Mr. Ferrell, and seconded by Mr. Hamilton, to approve the above ordinance. Motion carried unanimously (7 to 0). 2. Code of Ordinances Text Amendment: An ordinance of the City of Clearwater relating to the Land Development Code; amending Sections 135.092, 135.098, 135.1004, 135.123, 135.129, 135.150, 136.022 and 136.025, Code of Ordinances, to provide for noncommercial Office, Neighborhood Commercial, North Greenwood Commercial, General Commercial, Highway Commercial, and Limited Industrial districts; providing an effective date. Motion was made by Ms. Nixon, and seconded by Mr. Hamilton, to approve the above ordinance. Motion carried unanimously (7 to 0). E. CHAIRMAN'S ITEMS The luncheon for Ms. Brenda Nixon has been changed to June 4, 1991. It will be held at the Belleview Mido Hotel at 11:30 a.m. Staff will notify the media and make reservations. Mr. Schwob will call Mr. Johnson and Mr. Hogan as well. F. DIRECTOR'S ITEMS Mr. Shuford praised Ms. Nixon for her contributions while a member of the Board. G. BOARD AND STAFF COMMENTS All members concurred with Mr. Shuford's view of Ms. Nixon's service on the Board. They reminded Ms. Nixon she could return to the Board in one year. Ms. Nixon pointed out that a quorum may not always be possible during the transition period following one member's departure and the appointment of his/her replacement. She suggested the Board may want to amend the By-Laws thereby allowing the departing member to remain for a meeting or two until a replacement has been named. Mr. Mazur asked for clarification on the current opinion on closing times for conditional use applications. He felt the discussion was inappropriate during an item's presentation before the Board. His feeling is that, in the future, it would be better discussed during the Board comments phase of the meeting. Mr. Mazur was confused during Mr. Eiseman's presentation relative to four garages shown for employee parking. He further felt the Board needed the cross-parking agreement to aid them in their decision. Meeting adjourned at 5:45 p.m.