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08/13/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, AUGUST 13, 1991 Members Present: Chairman Schwob, Messrs. Carassas (arrived at 1:38 p.m.), Hamilton (arrived at 1:39 p.m.), Mazur, Bickerstaffe, Savage (excused at 3:08 p.m.) and Merriam. Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Sandra Glatthorn, Senior Planner 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. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Request for Extension - 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) Ms. Glatthorn gave the background of the case. Charles Samarkos, applicant's representative, 915 Chestnut Street, stated that due to the reason in their letter that the owner has financial problems to be worked out, requested a 90 day extension. No persons appeared in support of or in opposition to the above request. The Board acknowledged they generally give a six months extension, however since they were represented by council, felt the time limit requested was acceptable. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage, to grant an extension of ninety (90) days from the date of this public hearing. Motion carried unanimously (6 to 0). 2. (Continued from 7/16/91) M&B 11.05, 11.06 and 11.061, Sec. 19-29-16 (19666 US 19 N) Veta Louise Gillenwaters, Pamela Lee Colvin, Pauletta Lucille Rogers, Terri Lynn Presnell, Trustees, (Kenyon Power Boats), CU 91-48 Request - To permit outdoor retail sales, displays and/or storage Zoned - CH (Highway Commercial) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. Mike McKenzie, applicant's representative, 20465 U.S. 19 North, stated he faxed a letter today seeking another continuance because they had determined there was a 235 foot error on the length of the property on U.S. 19. This requires their correcting the site plan and will enable them to determine what they will request. Mr Merriam stated boats are now displayed on the grass in violation of conditions set forth previously by this Board. He felt Staff Code Enforcement should check this out as the applicant may continue to display boats without authorization. The previously approved condition allows the applicant to display boats on paved areas only. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to continue the approve the above request to the meeting of September 17, 1991. Motion carried unanimously (7 to 0). 3. (Continued from 7/30/91) Lot 2, Blk. C, Skycrest Unit 1 (1717 Drew St.) Tri-High Corp., (Easy Times Bar-Charmill's Pizza), CU 91-58 Request - To permit on-premise consumption of beer and wine Zoned - CG (General Commercial) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. The Board advised that the establishment was open and is operating without first appearing before this Board. There has been a change of ownership and the State granted a liquor license. Mr. Shuford advised they were trying to get the necessary permit. The Board discussed Code Enforcement advising them they cannot sell alcoholic beverages until the proper conditional use approval is granted. Since the applicant was not present, motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, subject to the following conditions: 1) To continue the above request to the September 3, 1991 meeting; and 2) The applicant be notified he should not be conducting business without the proper approvals from this Board. Motion carried unanimously (5 to 1) with Mr. Hamilton voting "nay" explaining the applicant may not be aware that when a license is changed by the State that they also have to meet Clearwater's requirements. 4. (Continued from 7/30/91) M&B's 33.02 and 33.021, Sec. 20-29-16 (18443 & 18449 U.S. 19 N/Units 4-6, Levitz Plaza Shopping Center (formerly Grant's Plaza), Home Shopping Network Realty, Inc. (Clearwater Nightclub Enterprises, Inc.), CU 91-60 Request - To permit on-premise consumption of beer, wine and liquor Zoned - CC (Commercial Center) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. Charles Samarkos, applicant's representative, 915 Chestnut Street, stated they are requesting a continuance for this alternate proposal for his client. Economic conditions make it feasible to negotiate at two possible sites. When negotiations are completed for one location, they will drop the application for the remaining site. The Board had expressed concern about an open air balcony. This was discussed with the applicant and everything will be enclosed. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Carrasas, to continue the above request to the meeting of September 3, 1991. Motion carried unanimously (7 to 0). C. CONDITIONAL USES: 1. Lot 2 and vac Beach Dr. on W and Lot 3, Miller's Replat, (7 Rockaway Street) Charles and Ypapanti Alexiou (Gerold Gotz/Penguin Palace) CU 91-61 Request - To permit on-premise consumption of beer, wine, and liquor Zoned - CR 28 (Resort Commercial) OS/R (Open Space/Recreation) Mr. Hamilton declared a conflict of interest on this item. Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. George Greer, applicant's representative, 600 Cleveland Street, Suite 685, stated the applicant previously operated this business and was resuming its operation. Since the Development Code Adjustment Board (DCAB) granted the applicant nine (9) months to complete the requirements they were requesting the same of this Board. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr.Bickerstaffe, to approve the above request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within nine (9) months from the date of this public hearing; and 2) The applicant shall obtain the requisite alcoholic beverage separation variance from the City Commission. Motion carried (6 to 0) with Mr. Hamilton abstaining. 2. Lot 5, Lot 7 less road right-of-way, and Lot 8 less southwesterly 46.75 ft. for road right-of-way, (2561 Countryside Boulevard, Suite 3), Countryside Village Ltd/HRE Properties (Angelo & Mary Puccinelli/Dolce Vita Restaurant) CU 91-62 Request - To permit on-premise consumption of beer, wine, and liquor Zoned - CC (Commercial Center) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. Angelo Puccinelli, applicant, 13620 Lake Magdalene Boulevard, Tampa 33168, stated they would continue the same operation and have had thirty years of experience in the food business. No persons appeared in support of or in opposition to the above request. The Board noted the proximity of Knickerbockers was not present in the staff report. They believe it is within 200 feet and that a variance may be required. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The sales 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; 3) There shall be no outdoor seating or other expansion of floor area devoted to the proposed use; and 4) A variance to the separation distance requirement shall be obtained from the City Commission if it is determined to be necessary. Motion carried unanimously (7 to 0). 3. Lot 11 less road on W, Padgett's Estate Sub, (1200 Cleveland Street), Homer Realty Co/Homer Properties, Inc. (Guerrero Corp d/b/a Los Mariachis Mexican Restaurant) CU 91-63 Request - To permit on-premise consumption of beer, wine, and liquor Zoned - UC(E) (Urban Center/Eastern Corridor) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. The Board asked why the City was requiring they be furnished with results of any audit requested by the Division of Alcoholic Beverages and Tobacco. Ms. Glatthorn stated no alcoholic beverages have been sold at this location and Staff needed a way to determine the 51% rule. They also noted the lettering on the mansard was in excess of the new code regulations. Vanessa Cohn, applicant's representative, 240 Plant Street, Suite A330, Tampa 32606, stated the applicant plans to operate a Mexican restaurant and has eight years experience. No person appeared in support of the above request. In opposition, Dr. Michael Adams, 15 N. Missouri Avenue, stated his professional office and home were adjacent to the restaurant. They have a communal parking lot. The majority of spaces are for the restaurant and the north access is located on the dentist's property. He feels they can coexist if they cooperate. The parking lot is not lit and the lot has had twenty (20) foot long potholes that the owner did not repair. Dr. Adam's opposition is that with the combination of alcohol, a poorly lighted parking lot and one that is frequently in disrepair, you have a potential for problems as well as a location for thefts. Seven parking spaces in the applicant's plan are on the dentist's property. The subject property has been maintained at the barest of standards. Dr. Adams is willing to coexist but feels that if the lot was required to be maintained it would be beneficial for himself and surrounding businesses. In rebuttal, Ms. Cohn, stated the lease mandated that when the property is turned back to the owner it must be in better condition than it was at the start of the lease. Since the property is on a corner it is visible at night. This is a family-operated business for families. As a Mexican restaurant they feel it is in keeping with their theme to serve margaritas. The restaurant will open for lunch and anticipate noon traffic to be foot traffic from nearby businesses and expect most of the traffic at night. Their architect provided the site drawings and they believe he provided the plan encompassing only the subject property. There will be no entertainment. Seating capacity is 240 persons. She deferred to the applicant to answer relative to do a bar. Lorenzo Cistrejon, applicant, 379 Gulf-To-Bay Boulevard, stated people waiting will have the opportunity to order a drink while waiting. Seven (7) people can sit in this area. They do not have a lounge or bar as we perceive one, but will be making drinks near the waiting area. In response to questions by the Board, they discussed their role deciding what can or cannot be required for a parking lot. The Board is charged with determining if the approval of an alcoholic license would have a deleterious effect on its surroundings as compared with the previous operation. Mr. Schwob stated he had always found Mexican restaurants to be designed for family dining. They noted the applicant infers that he has 54 parking spaces available. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to approve the above request subject to the following conditions: 1) The applicant shall obtain any requisite building permits and occupational licenses within six months of this public hearing; 2) The restaurant operation shall be restricted to alcoholic beverage sales for consumption on premises only with no package sales; 3) The applicant/owner shall provide the City of Clearwater with the results of any audit requested by the Division of Alcoholic Beverages and Tobacco upon response to such requests; 4) Signs shall be brought into compliance with the City of Clearwater prior to the issuance of the occupational license; 5) The parking lot shall be properly striped, maintained and lighted; and 6) The parking requirements shall meet the City code or a variance shall be obtained from the Development Code Adjustment Board. 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 flood protection; amending Section 146.004, Code of Ordinances, to revise the definitions of "substantial improvement" and "market value of the structure;" providing an effective date. Mr. Polatty reviewed the proposed FEMA amendment. If this is approved it will make uniform regulations for properties damaged by flood located on Sand Key, Clearwater Beach and Island Estates. Mr. Polatty advised that the City Commission, relative to the above ordinance, was endorsing the concept of dropping the "cumulative" rule. Some items do not require permits therefore cannot be counted in this rule. The 50% for the life of the structure rule is still applicable regardless of the quality of the replacement. Only the cost figure counts. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request. Motion carried unanimously (6 to 0). G. BOARD AND STAFF COMMENTS A motion was made by Mr. Bickerstaffe, and seconded by Mr. Hamilton to support the City stand on §161.54 F.S. Motion carried unanimously (6 to 0). Mr. Carassas reminded members he will be in Greece when the next meeting is held. Because it was so unusual, the appearance of Mr. Galbraith made some members uncomfortable with the questioning of persons appearing on the Pick Kwik item. Mr. Polatty advised the Board acts in a quasi-judicial manner and is similar to a court. Witnesses can be cross-examined. Mr. Polatty further stated that the staff would be developing amendments to the alcoholic beverage regulations as authorized by the City Commission. Mr. Schwob felt clarification of the previous "reasonable distance" requirement tended to complicate issues. Mr. Hamilton inquired, since he had abstained on the Pick Kwik item due to a conflict of interest, was he precluded from the discussion concerning the code amendments. Mr. Polatty felt it was a continuation of conversations about this issue in the past and felt his input was in order. Mr. Hamilton stated he would ask Mr. Galbraith before he entered into any discussions. Mr. Mazur asked if submitted plans and drawings could be shaded so Board members would be aware of the exact location of an applicant's project. The exact location of La Dolce Vita was not apparent from the drawings the Board received. Mr. Bickerstaffe feels the average citizen is not aware of a property's legal description as used in the public hearing notices. While persons within 200 feet receive notification, other citizens might give their input if in addition to the legal description, the public hearing notices also listed a street address and physical location. It would make the public better informed. The meeting adjourned at 3:40 p.m. James M. Polatty, Jr., Director of Planning and Development