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11/05/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, TUESDAY, NOVEMBER 5, 1991 Members Present: Chairman Schwob, Messrs. Bickerstaffe, Carassas. Hamilton, Mazur (arrived 1:34 p.m.), Merriam, and Savage. Members Excused: Also Present: 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. A. APPROVAL OF MINUTES Motion was made by Mr. Savage, and seconded by Mr. Hamilton, to approve the minutes of the October 15, 1991 meeting. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: C. CONDITIONAL USES: 1. Lot 2 and vacated Beach Dr on W and Lot 3, (7 Rockaway Street) Miller's Replat, Charles and Ypanti Alexiou/Anthony Alexiou (Rockaway Grill, Inc) CU 91-77 Request - To permit on-premise consumption of beer, wine, and liquor. Zoning - CR 28 (Resort Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Hamilton advised he had a conflict on interest and did not participate in the discussion or vote on this item. George Greer, applicant's representative, 600 Cleveland Street, Suite 685, stated he was delighted the staff concurred with this request, advised that the deck will be rebuilt and that the Rockaway Grill is part of the Frenchy's chain. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Merriam, and seconded by Mr. Carassas, to approve the above request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six (6) months from the date of this public hearing; and 2) Approval shall be for consumption on premises only, with no package sales. Motion carried 6 to 0 with one abstention. 2. Lots 5, 7, and 8, (2559 Countryside Blvd, Suite 1), Countryside Village Sq, Countryside Village, Ltd/HRE Properties (Baskets of Joy Enterprises, Inc.) CU 91-78 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. Sam Hillman, applicant's representative, 416 Drew Street, stated this will be a gift basket store and wish to include wines in these baskets. The Board asked the owners about controls on baskets where alcoholic beverages could be delivered to minors. Co-owners Joy Hillman, 3337 San Jose Street and Myra Sheidler, 2843 Deer Pound Way, Palm Harbor 34863 stated deliveries are not made to persons under 21 and no shipments will be sent out-of-state. The person accepting delivery would have to be of age. This will not be a package sales outlet, beverages will be in packages or gift bagged, and such beverages are not refrigerated. UPS will not deliver alcoholic beverages and the owners will deliver using their own vehicles. No persons appeared in support of the above request. In opposition, Louis Longo, 2595 Countryside Boulevard, Unit 112, states beer cans and bottles are thrown on the street now and feels an additional package sales is not needed. In rebuttal, Ms. Hillman stated she did not feel her clients would come in, grab a beer, and throw the can on the street. Their wines and imported beer will be expensive and intended for gift purposes. The Board stated this type of operation is gift oriented, wines and imported beers not refrigerated, and not like a convenience store where disposal of cans can create a problem. Motion was made by Mr. Mazur, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six (6) months of this public hearing; 2) The applicant shall obtain approval from the City for the number of delivery vehicle(s) and parking locations of the delivery vehicles; 3) No deliveries shall occur between the hours of 10:00 p.m. to 6:00 a.m.; and 4) The sale of refrigerated alcoholic beverages shall be prohibited. Motion carried unanimously (7 to 0). 3. Blk C, Lots 1 thru 10 (740 S. Gulfview Blvd), Bayside Shores, William Kebort (Gourmet Master, Inc./Island Breeze Cafe & Grill) CU 91-79 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. Bryan Shanahan, applicant, 1113 Thayer Street, Safety Harbor 34695, stated he has a small restaurant and has requested beer and wine to augment meals per his customer's request. In response to a question, he has extensive restaurant experience and was previously with Bentley's, The Black Swan and the President's Club. A letter of support was received by Mr. & Mrs. Paul Scholz who feel this proposed business would not affect them adversely. No persons appeared in support of or in opposition to the above request Motion was made by Mr. Bickerstaffe, and seconded by Mr. Carassas, to approve the above request subject to the following conditions: 1) The applicant shall obtain variances to the separation requirements between alcoholic beverage establishments and residential zones and between similarly licensed establishments from the City Commission; 2) The applicant shall obtain variances from the Development Code Adjustment Board for minimum seating and minimum area requirements; 3) Sales of alcoholic beverages shall be restricted to sales for on-premise consumption; 4) All permits and licenses be obtained within six (6) months of this public hearing; and 5) The sale of alcoholic beverages shall be prohibited after 9:00 p.m., all days of the week. Motion carried unanimously (7 to 0). 4. Lot 1, South Oaks Fashion Square (1500 McMullen Booth Rd, #A-5), Clearwater Marketplace Partners (Pyramid Inn, Inc/Granny's Place Natural Foods Rest & Store) CU 91-80 Request - To permit on-premise consumption of beer and wine. Zoned - IPD (Industrial Planned Development) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Dale Twardowski, applicant's representative, 18167 U.S. 19 North, Suite 250, Clearwater 34624, stated they have an organic, natural foods store and want a license to have organic wines and beer available for their customers. Music will be light piano and during the dinner hours only. Christa Giessen, applicant, 31 Pinewood Circle, Safety Harbor, stated she grew up in the restaurant business, has a hotel/restaurant management degree and a nutritional degree. This business will combine both areas of her expertise. No persons appeared in support of or in opposition to the above request Motion was made by Mr. Mazur, and seconded by Mr. Merriam, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; and 2) The sale of alcoholic beverages shall be restricted to on premises consumption only with no package sales. Motion carried unanimously (7 to 0). 5. Blk. 7, part of Lot 9, Clearwater Beach Rev (608 Mandalay Ave), John L. Sophie Lookretis (S&D Lookretis, Inc d/b/a Kally's Beachside) CU 91-81 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. Mike Mackenzie, applicant's representative, 28465 U.S. 19 N., Clearwater, stated this proposed location has been used in the same fashion for over 20 years. Changes were made in accordance with the current code with the effect that restaurant seating will not increase significantly over the number of existing seats. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Carassas, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The applicant shall obtain approval from the City Commission and the Development Code Adjustment Board for variances to the distance separation and parking requirements prior to the issuance of an occupational license for the alcoholic beverage sales; 2) The applicant shall obtain the requisite occupational license within six (6) months; 3) Alcoholic beverage sales shall be restricted to on-premise consumption only; and 4) Alcoholic beverage sales shall be prohibited after 10:00 pm. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lots 1 and 2, located on the northwest corner of Northeast Coachman Rd. and U.S. Hwy 19 N. (19.89 acres), Sub. Plat for Loehmann's Plaza, (Principal Mutual Life Insurance/Brandon Nu-West/Kinko's of Ga/Z. E. and Frances Taheri, Trustees) Z 91-02 Request - To consider request for amending the Zoning Atlas and review of Master Site Plan. Zoning: From: CC (Commercial Center) To: CPD (Commercial Planned Development) Mr. Mazur announced he had a conflict of interest and would not participate in the discussion or vote on this item. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation that the case be continued to allow for a cut-through traffic study to be completed. A neighborhood meeting, the evening before, brought out the divergent views, mostly traffic oriented, or to finding ways to buffer the site. The neighborhood feels it is necessary to close Stag Run to eliminate the through traffic on this street. Richard Harris, applicant's representative, 5440 Beaumont Center Boulevard, Suite 460, stated he had contacted Wal-Mart today and the following was their consensus: would agree to closure of the eastern- most driveway and would accept one of two scenarios; either a left-in, right-out traffic movement or a complete closure; have agreed to make the western-most entrance into a left-in, right-out traffic movement; Wal-Mart will have no problem flip flopping the building; and will plant a 25' vegetative buffer along Stag Run Boulevard. Mr. Harris feels there will be less late evening traffic because Wal-Mart closes at 9:00 p.m. and a Wal-Mart code is that they will not allow any bars or sale of alcoholic beverage establishments on one of their projects. The proposed store has 121,000 square feet and phase two, if business warrants it, will add an additional 30,000 square feet. Landscaping will be saved and enhanced and some of the wetland areas will be restored. The building exterior will be split block with a blue accent band. Mr. Harris was called away and questions were then answered by Robert Pergolizzi, a Transportation Planner, with King Engineering Associates, 24945 U.S. 19 N., Clearwater, who stated that at the neighborhood meeting the cut-through traffic was a major concern. The City Engineer advised residents he would conduct a cut-through traffic study. No persons appeared in support of this request. In opposition, John MacBain, 1657 Coachmakers Lane, stated he is President of the Coachman Ridge Home Owners Association and is opposed to the rezoning due to traffic. He pointed out the route on an aerial map that vehicles are taking through their subdivision. Homes are costly and they are concerned about property values. They object to the noise that this store would generate which they feel will affect their quality of life. Widening of N.E. Coachman is needed but is not currently in the works. They feel a need to continue to meetings with the engineering firm, someone from Wal-Mart and the City Traffic personnel. In opposition, David Little, 1734 Casey Jones Court, stated that being a quality neighborhood and paying their high taxes, they need assistance on the traffic problem. His solution is to close Stag Run Boulevard and they would still have excellent access to their homes. In response to questions from the Board, he feels a majority of residents want Stag Run Boulevard closed and still have a Wal-Mart. In opposition, Alvin Freas, 2314 Stag Run Boulevard, stated he wished to commend King Engineering for listening to their concerns at the neighborhood meeting. Wal-Mart has agreed to flip-flop the building and some other points however it is not possible to point out these changes on a site plan. King Associates felt the Fire Department would want Stag Run open. He contacted Marshal Goodloe who advised him they do not require access from Stag Run Boulevard. In opposition, Gloria Losi, 2486 Stag Run Boulevard, stated Stag Run should be closed but feels residents would then use El Tair where they would find N.E. Coachman backed up. She spoke of efforts to rezone the log cabin site approximately 2 years ago for a 7-11 store. The request was denied due to traffic and the bridge could not take the traffic. Now a site, 4/10th a mile down the road, is receiving serious consideration. In opposition, Bill McCarthy, 2416 Stag Run Boulevard, stated the bigger picture needs to be looked at in addition to the closure of Stag Run. Old Coachman and N.E. Coachman need development to handle the increased traffic. They feels these things must be done prior to the acceptance of Wal-Mart. In opposition, Edith Tymosko, 1609 Coachmaker Lane, stated she can not understand the need for three entrances into their store, Stag Run, U.S. 19 and N.E. Coachman. At their other stores they have 2 entrances. In opposition, Philip Johnson, 2400 Stag Run Boulevard, stated the road plan shows three roads (Old Coachman, N.E. Coachman and Stag Run Boulevard) are two lanes and traffic will be backed up and create a nightmare. If widening is done, it is his view the widening of Stag Run would decrease the value of homes. The revenues that will benefit the community will be siphoned off existing businesses who instead of shopping at K-Mart or Target will shop at Wal-Mart. In opposition, John Nastasi, 2427 Stag Run Boulevard, tried to take a poll of those persons there. The Board felt the procedure was confusing as this is not the proper forum. In opposition, Warren Schreiner, 2351 Stag Run Boulevard, stated his concern about residents being able to access Coachman Ridge Park on Old Coachman Road. He also pointed out that N.E. Coachman is a tributary to McMullen Booth. They will need relief, perhaps with signals, for egresses from their subdivision. Mr. Shuford advised money in the long-range plan was there in the next five years for planning and engineering work, but not for construction. Stag Run is a city road, and the others are either county or state. In rebuttal, Richard Harris, clarified that King Engineering did do a traffic study. Vehicle traffic will be about 7,000 trips per day in Phase One and 9,956 trips per day, to this center, with the ultimate buildout. They want to turn this center into a viable shopping center for the city and agree to a continuance should the Board feel it necessary. Discussion ensued with Board members expressing concerns including the following: feel the Board needs the study on cut-through traffic, that the closure of Stag Run Boulevard is critical, to find a way to work with this project, and if continued, would like to question the Traffic Engineer at the next meeting. Motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe, to continue this item to the meeting of November 19, 1991 in order to obtain more information from staff. Motion carried 6 to 0 with one abstention. E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS 1. Update on Pinellas Planning Council Local Government Consistency Program. Ms. Glatthorn explained the interlocal agreement and the ramifications of the changes in Clearwater. The City needs to become consistent with the countywide land use plan. Many concerns have been worked out through compromise and they are now working on a possible variance procedure in the new rules and considering an overlay area to allow intense development at the beach. There are some problems involving restrictions seaward of the coastal construction control line. Mr. Hamilton inquired as his property will be tremendously impacted and asked if it is appropriate for him to enter into discussions on this item. He feels his involvement should be discussed with Mr. Galbraith as he wants to be fair with the Board and to himself. Ms. Glatthorn advised that this was being presented at this meeting as an informational item. The Board has requested they be kept up-to-date prior to receipt and referral. They would prefer information shortly after staff receives it and not be presented with a huge packet they would have to digest in a small amount of time. They do not want a big packet they will have to rubber stamp. They further suggested workshops as the process is progressing. The meetings may need to be split into several smaller meetings, or brief the Board enough, so they would feel comfortable accepting it in one large package. G. BOARD AND STAFF COMMENTS Mr. Shuford informed the Board that sometime ago they approved a conditional use permit for Calypso Bay and one of the conditions was that there be no outdoor entertainment at that site. The City has received a request for a tent permit to allow a public forum to be held. The permit was denied as being outdoor entertainment. He wanted to see if the Board felt his interpretation was correct. One member is against any tent being there due to its close proximity to neighboring church property. He plans to contact the City Attorney to see if his interpretation is correct. Mr. Greer asked to be heard on this item and spent his lunch hour listening to the tape. He said music and dancing was discussed. He advised they had a tent permit for St. Patrick's Day and O'Keefe's has tent permits. He stated they want to be treated alike, however it was pointed out the difference with tent permits at O'Keefe's, is that they have no restriction. Mr. Shuford stated the permit being granted in March did not come before his attention; it obviously was granted in error. Bob Gregg, the architect who worked on this project feels we have the potential for inclement weather and feels the crowd will be such that it would exceed the indoor capacity should it be held indoors. Board members inquired about parking which Mr. Gregg felt was immaterial. Bands, etc. will not be there; it is a first amendment issue regarding t-backs. Mr. Greer reiterated the tape mentioned only music and dancing and he feels a political rally cannot be construed as entertainment. The quagmire of this problem is that more stringent controls of temporary tent permits may be initiated regarding parking, restrooms, etc. Mr.Shuford believes he is on firm ground and the Board concurs this is an administrative decision and the ultimate resolution is with staff and/or legal. A new idea for the minutes was handed out and asked the Board to review and input at a later meeting. The names of the members present as well as who made the motion and seconded it, needs to be there. The suggested dates for the Board meetings for 1992 was presented. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Carassas, to approve the proposed dates. Motion carried unanimously (6 to 0). Mr. Merriam will miss the December 17, 1991 meeting and the Board decided to hold their no-host luncheon on December 3, 1991. The meeting was adjourned at 4:59 p.m. James M. Polatty, Jr., Director, Planning & Development