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09/03/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, TUESDAY, SEPTEMBER 3, 1991 Members Present: Chairman Schwob, Messrs. Bickerstaffe, Hamilton, Mazur, Merriam and Savage (left at 3:00 p.m.). Members Excused: Mr. Carassas Also Present: Scott Shuford, Planning Manager John Richter, Code Enforcement 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. Merriam, to approve the minutes of July 30, 1991 and August 13, 1991. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Request for 3 Month 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) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Charles Samarkos, applicant's representative, 915 Chestnut, stated they were requesting the additional three months as they are still in negotiations with the property owner and have dropped their negotiations on the alternative site. 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 grant an additional three months to the 90-day extension granted at the public hearing on August 13, 1991. Motion carried unanimously (6 to 0). 2. Request for Extension - 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. The applicant was not present nor did anyone appear in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to continue the above item to the meeting of September 17, 1991. Motion carried unanimously (5 to 0). 3. (Continued from 7/30/91 & 8/13/91) 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 package sales and 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. Mr. Charles Trafagander, applicant, 1717 Drew Street, stated he wants to continue operating this business as it has been in the past with the previous owners. He had the wrong date on his calendar and apologized to the board for missing the last meeting. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The package sales operation shall have no customer-accessible shelf space or display areas provided; 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) The sale of beer and wine for on-premises consumption shall occur only during the hours of 11:00 a.m. to 1:00 a.m. on weekdays and 11:00 a.m. to 2:00 a.m. on weekends; the sale of beer and wine as package sales shall occur only during the hours of 10:30 a.m. to 12:00 midnight on weekdays and weekends. Motion carried unanimously (6 to 0). 4. (Continued from 7/30/91 & 8/13/91) 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 Chairman Schwob announced that the applicant had withdrawn his request. C. CONDITIONAL USES: 1. Lots 10, 11, and part of Lot 12, Block D, Pine Ridge, (1407-09 Betty Lane North), Bruce Mesagno (Admad Berenjkar Gorabi/EZ Stop N Save) CU 91-64 Request - To permit 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. Admad Berenjkar Gorabi, applicant, 15301 Summer Wind Drive, Tampa 33624, stated he wants to compete with existing businesses and give residents a choice and lower prices. Windows will be blocked out if their application is approved. The prior business entity at this location was a meat market that also sold alcoholic beverages. The applicant plans to sell fruits, vegetables and other items the neighborhood needs. If the use is granted the applicant will paint over those signs not allowed by city ordinance. Mr. Gorabi's previous experience was employment at a similar business in Tampa. No one appeared in support of the above request. In opposition, Mike Kounouvaris, 1249 Lotus Path, stated he has been in the auto business for eighteen years at Betty Lane and Overlea Street directly behind the applicant's proposed business. He feels crime is now number one in the area. There is fighting, broken glass all over and sex paraphernalia. He stated the area was good before alcoholic beverage licenses were granted. In opposition, Charles Clifford Pompey, 1795 Harbor Drive, stated he has been in Clearwater for 17 years. He feels Betty Lane is now becoming what Greenwood once was. He feels that two convenience stores and one bar are sufficient. There is also a church and a day care center in the area. In opposition, Rezo Dehbozorgi, 210 Drew Hills Road, Temple Terrace, stated he owns the Betty Hills Shopping Center from 1413-27 Betty Lane, three doors from the applicant. Prior to 1989 there were no problems and he believes they stem from alcoholic beverage sales. He feels the existing businesses are adequate and no more are necessary as additional businesses will escalate the arguments and fighting that are now commonplace in the neighborhood. Willie King left a letter to be read at the meeting objecting to this application due to the number of alcoholic beverage establishments already there. In rebuttal, Mr. Gorabi, stated he did not believe traffic would increase with his business, customers will merely have an option to shop at a different neighborhood store. The church is not registered with the state or county. He cannot be held accountable for problems he has not created. Discussion ensued with Board members expressing concerns including the following: The Board inquired if the meat market was still in operation. People milling by the building gave that impression. Mr. Shuford advised that this is a new application and indicated that the prior business has been closed for some time. Board members noted that the applicant is aware of the neighborhood, is willing to invest in a business, and it is hoped he will join other business people in spearheading efforts to improve conditions. Mr. Hamilton asked if this area had an association similar to the Greenwood Neighborhood Association and was advised this location was on the periphery. Mr. Shuford suggested a maximum floor area devoted to alcoholic beverages. The Board believes there would be trouble enforcing this. Motion was made by Mr. Bickerstaffe, and seconded by Mr.Savage, to approve the above request subject to the following conditions: 1) There shall be no deliveries to the establishment and no building or property services for the premises may be performed after 10:00 p.m. or before 6:00 a.m. on any day; 2) The door for the establishment which is within 50 ft. of the residential zoned area shall be used only as an emergency exit; 3) The hours of operation shall be limited to 6:00 a.m. to 11:00 pm daily, with the sale of beer and wine restricted on Sundays from 1:00 p.m. to 11:00 p.m.; 4) The windows on the south side of the applicant's establishments shall be permanently blocked with paint or permanent opaque material; 5) All required permits and licenses shall be obtained within six months of this public hearing; and 6) All signage for this business shall conform to the City of Clearwater regulations. Upon roll call, the vote was: "Ayes": Bickerstaffe, Schwob, Hamilton and Savage. "Nays": Mazur and Merriam. Mr. Mazur stated the feelings in the neighborhood against the application were a factor and Mr. Merriam felt it did not contribute to the needs of the community. Motion carried (4 to 2). 2. Part of Lots 1 and 2, Sec 1-29-15, Pinellas Groves Sub (1969 Sunset Point Rd) K. D.Sauder, as Trustee of the K. D. Sauder Trust CU 91-65 Request - To permit a veterinary office Zoned - CN (Neighborhood Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Dr. Michael Adams a/k/a Philip Habib, applicant, 1969 Sunset Point Road, stated he has had a veterinary office on Highland Avenue for six years. He may eventually combine both offices but since many of his clientele are senior citizens who walk their pets into his Highland location, he has no plans to close that office at this time. The new location is in a strip center and he will not be boarding pets. Marilee Friedman, owner's representative, 8001 Bardmoor Place, Largo, stated she is the leasing agent for the center, that she authorizes Dr. Adams to speak on this matter, and feels the use will mix well with the other service-oriented businesses in the center. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Meeriam, to approve the above request subject to the following conditions: 1) All services shall be performed inside the applicant's establishment, and no boarding of animals shall be permitted; 2) The veterinary office shall be equipped with adequate surgery and diagnostic facilities and shall comply with the sanitation code; and 3) The requisite occupational license shall be obtained within six 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. Amendment of Lot Clearing Ordinance No. 5123-91 An ordinance of the City of Clearwater, relating to nuisances; amending Sections 95.05, 95.07 and 95.08, Code of Ordinances, relating to the enforcement of the lot clearing ordinance; deleting an exception for inoperative motor vehicles, boats or trailers kept outside a garage or carport on residential property for not more than thirty days; providing for notices of violation and appeals to the Code Enforcement Board; providing for corrective action by the city, and authorizing liens upon property for the costs of correction action by the city, including administrative costs, under certain circumstances; increasing the administrative costs to be charged when remedial action is not taken by the owner within the time allowed from $150.00 to $200.00 providing an effective date. Mr. John Richter gave a presentation on the above-requested ordinance. He explained the time constraints in the present procedure do little to afford prompt relief of the condition to the community. Code Enforcement Board hearings are eliminated for some violations and the process has been shortened considerably. The fee covering administrative costs has been increased. Mr. Merriam expressed concern about when the timing begins, whether from the date of the notice or the certified receipt of same. Some Board members feel the timing is very tight, particularly for a property owner who lives out of state or who happens to be out of the country at the time the notice is sent. Mail is sometimes slow and in some instances will be forwarded, perhaps arriving with no time to take necessary action. In arriving at a date by which to start action, the Board noted all notices are sent certified mail. One suggestion was the date the recipient signed. Mr. Hamilton commented ten days was too short a period, one which an out-of-town owner could not meet, while Mr. Schwob pointed out the extensive growth that can occur in a ten-day period and the continuing aggravation to the neighborhood, Mr.Richter indicated that the property is posted after a notice has been sent out. The repeat violator could be charged an additional amount besides the administrative fee per violation as a punitive fee. Motion was made by Mr. Mazur, and seconded by Mr. Hamilton, to approve the adoption of the code amendment subject to the following changes: 1) The time frame being established as ten days from the date of signature on the return receipt or a maximum time frame of 21 days from date of mailing (in the case of no receipt return) or no acceptance of the letter, whichever is less; and 2) The establishment of some form of punitive damages or remuneration for habitual or repeat offenders intending for the City to maintain their property. Motion carried unanimously (5 to 0). E. CHAIRMAN'S ITEMS The Board acknowledged receipt of the hearing officer's report on Britts. Mr. Shuford advised that Mr. Greer stated he would not represent the applicant beyond the administration hearing but would recommend another attorney who would consider representing them in further litigation. G. BOARD AND STAFF COMMENTS Mr. Merriam advised John Richter that, at the service station on Island Way, people were living in a parked step van. The Board expressed concern about the quality of merchandise being sold at some of the retail outlets on the beach. Perhaps due to the sign code, buildings are being painted ludicrous colors to attract attention. Architectural design standards and controls appear to be needed. The Task Force had suggested such a committee. Parking at Britts has been on the city right-of-way. They have made a parking lot of the sidewalk on the west side of the building. It was questioned as to why the city has not vacated 1st Street for shared parking which would be beneficial to the beach area. Mr. Shuford will investigate. Mr. Schwob does not know for sure at this time, but may be absent for the September 17, 1991 meeting. The meeting was adjourned at 3:38 p.m. James M. Polatty, Jr., Director of Planning and Development