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08/18/1992MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, AUGUST 18, 1992 – 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Mazur, Messrs, Bickerstaffe, Carassas, Hamilton (arrived 1:39 p.m.), Merriam, Savage, Ms. Martin Also present: Scott Shuford, Planning Manager James M. Polatty, Jr., Director of Planning and Development Doreen Feldhaus, Recording Secretary Chairperson Mazur 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. ITEM APPROVAL OF MINUTES August 4, 1992 Mr. Shuford stated the minutes for August 4, 1992 have not been completed due to a shortage of clerical staff. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: (Continued from 8/4/92 & 7/14/92) Part of Blk 2, Baskin’s Replat Resub, (2779 Gulf to Bay Blvd) Herbert E. & Jane B. Wollowick (KCMT Entertainment, Inc./Sweaty Eddy’s), CU-92-45 Request – To permit on-premise consumption and package sales of beer, wine, and liquor Zoned – CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford stated a request to table this request was received from the applicant. It was the consensus of the Board to continue this request to the end of the meeting to allow discussion of whether to “table” the item. A motion was made by Mr. Carassas, seconded by Mr. Merriam, to continue this item to the end of the meeting. Motion carried unanimously (6 to 0). Mr. Shuford explained if the request to “table” this item is approved, the applicant will be required to pay readvertising fees, and a fee of $200 for background review of any new owners by the Police Department. The applicant would not be required to pay an additional $475 conditional use application fee. Mr. Shuford stated that the circumstances with the application are unusual due to the death of one of the owners. Discussion ensued whether to “table” or continue this request. It was the consensus of the Board to continue the request to allow staff to establish an administrative determination of whether to table or withdraw the application. A motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe to continue the request to the September 1, 1992 meeting. Motion carried unanimously (7 to 0). (Continued from 8/4/92) Lots 33 and 46, and vacated alley, Court Square Sub. (401 S. Ft. Harrison Ave.) Park Terrace of Clwr, Inc. (C.J.D. Corp./The Old Bailey), CU 92-52 Request – To permit on-premise consumption of beer, wine, and liquor Zoned – UC(C) (Urban Center Core) Mr. Carassas stated he has a conflict with the request and will not participate in the discussion or vote. Mr. Shuford stated that letter withdrawing the request was received from the applicant. CONDITIONAL USES: M&B 23.13, Sec. 18-29-16 (2218 Gulf to Bay Blvd.) Valentinos Koumoulidis (Greg Ellis/Mr. Submarine-Mr. Gyros Restaurant), CU 92-53 Request – To permit on-premise consumption and package sales of beer Zoned – CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford noted to the Board a new condition that will be standard for every conditional use request. In response to questions by the Board, Mr. Shuford stated that in 1987 when the previous conditional use was approved that a separation distance of 500 ft. was required. Mr. Shuford responded that improving the landscaping is a recommended condition because the site does not meet the minimum landscaping requirements, particularly between the site and the residential properties along Gulf to Bay. He added that an in-ground irrigation system would ensure the proper maintenance of the landscaping. Applicant’s representative, John McNamara, 41 Park Avenue, Belleair, stated that the application and letter to the Board summarizes the operation. He stated that the machine is operated by remote control by the attendant. He explained that customers go to the counter to pay, then go to vending machine for the beer. If there is any question of age, the same policing activity would be followed as with any alcoholic beverage sales. Mr. McNamara felt the requirement of an in-ground irrigation system would be an excessive burden for the applicant and that a garden hose should be sufficient. Applicant, Greg Ellis, 1811 Legrande Dr., Dunedin, stated there is water in the back of the property for any watering needs. Mr. Ellis asked what additional landscaping will be required. Mr. Shuford explained the landscaping required and advised Mr. Ellis that staff would be glad to meet with him regarding the site plan requirements. In response to questions by the Board, Mr. McNamara stated that the machine vends a closed can such as soft drink machines. Mr. McNamara felt they should be allowed to sell beer at the dive through window and that all purchases will require proper identification. In response to questions by the Board, Mr. Ellis stated he is the owner of the business and employs a day manager and a night manager. Mr. Ellis added he is at the restaurant often and closely supervises the managers. Mr. Ellis stated the reason for the request is to enhance his current business, and does not anticipate customers coming in for the sole purpose of drinking beer. Pro: None Con: None After discussion it was the consensus of the Board that in-ground irrigation should not be required; and that there should be no sale of alcoholic beverages at the drive through window. Mr. Ellis stated he would be willing to comply with that. Approved (motion by Mr. Hamilton, seconded by Mr. Carassas) subject to the following conditions: 1) This conditional use is based on the application for a conditional use and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant’s request for a conditional use permit. Deviation from any of the above documents submitted in support of the request for a conditional use permit regarding the work to be done with regard to the site or any physical structure located on the site, may result in this conditional use permit being null and of no effect; 2) The requisite minimum distance separation variance must be obtained from the City Commission; 3) Within six months of the date of this public hearing, landscaping shall be installed in accordance with Section 136.023 to the extent possible. For perimeter landscape areas restricted by inadequate parking/maneuvering areas, the applicant shall provide as much perimeter landscaping as possible. Within 60 days of this public hearing, the applicant shall submit a detailed landscape/parking plan to the Environmental Management and Traffic Engineering Groups and the Planning and Development Department. 4) A six-foot tall opaque fence shall be installed along the north and east property line adjacent to the residential zoning districts. 5) The requisite occupational license shall be obtained within six months from the date of this public hearing. 6) There shall be no sale of alcoholic beverages from the drive through window. 7) All signage shall be brought into compliance with the sign regulations on or before October 13, 1992. Motion carried unanimously (7 to 0). M&B 34.011, Sec. 19-29-15, (1590 Gulf Blvd.), MIDO U.S.A., Inc. (Belleview Mido Cabana Club), CU 92-54 Request – To permit on-premise consumption of beer, wine, and liquor Zoned – CG (General Commercial) and OS/R (Open Space/Recreation) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford noted an error in the staff report regarding the parking requirements. He stated that approval for parking was given in 1985 using restaurant parking requirements, therefore the parking is grandfathered. Mr. Shuford stated that the applicant should be advised they may have to pay an additional traffic impact fee upon obtaining the occupational license. Applicant’s representative, Tim Johnson, 911 Chestnut St., stated that Mr. Shuford appropriately stated their request. He added that the Cabana Club is now opening to the public, rather than just members. He felt the parking condition should be deleted as indicated by Mr. Shuford. Pro: None Con: None Approved (motion by Mr. Hamilton, seconded by Mr. Bickerstaffe) subject to the following conditions: 1) This conditional use is based on the application for a conditional use and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant’s request for a conditional use permit. Deviation from any of the above documents submitted in support of the request for a conditional use permit regarding the work to be done with regard to the site or any physical structure located on the site, may result in this conditional use permit being null and of no effect. 2) The requisite occupational license must be procured within six months from the date of this public hearing. 3) If any changes are proposed to the site, a revise site plan must be submitted for the Planning and Development Department staff review and approval prior to the issuance of any licenses or permits. Motion carried unanimously (7 to 0). Lots 4,5, & 6, Blk. D, Island Estates of Clwr Unit 5, and waterway adj south of Lots 4, 5, and 6 (211, 217, & 223 Windward Passage), Windward Properties (The Bitter End, Inc.), CU 92-55 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. Applicant’s representative, Tim Johnson, 911 Chestnut St, stated that the owners of the subject property are also the owners of the Flagship Restaurant. He added this site was previously the Sea Spire Restaurant, which was licensed to serve alcoholic beverages. Pro: None Con: None Approved (motion by Mr. Hamilton, seconded by Mr. Savage) subject to the following conditions: 1) This conditional use is based on the application for a conditional use and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant’s request for a conditional use permit. Deviation from any of the above documents submitted in support of the request for a conditional use permit regarding the work to be done with regard to the site with regard to the site or any physical structure located on the site, may result in this conditional use permit being null and of no effect; and 2) All requisite licenses and permits shall be obtained within six months of this public hearing. Motion carried unanimously (7 to 0). M&B 33.05, Sec. 20-29-16 (18409 US Hwy 19 N), Clearwater Ribs, Inc., (Damon’s The Place for Ribs), CU 92-56 Request – To permit on-premise consumption of beer, wine and liquor Zoned – CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant’s representative, James Lorden, 4390 Foremast Ct., Ft. Myers, stated that the application and letter explained the operation requested approval of the request. In response to questions by the Board, Mr. Lorden stated he is the regional manager and that there will be several on-site managers. He stated that there will be no outdoor seating or waiting area. Pro: None Con: None Approved (motion by Mr. Hamilton, seconded by Mr. Carassas) subject to the following conditions: 1) This conditional use is based on the application for a conditional use and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant’s request for a conditional use permit. Deviation from any of the above documents submitted in support of the request for a conditional use permit regarding the work to be done with regard to the site or any physical structure located on the site, may result in this conditional use permit being null and of no effect; and 2) All requisite licenses and permits shall be obtained by the applicant within six months of this public hearing. Motion carried unanimously (7 to 0). Lots 6 thru, Blk. C, Island Estates of Clwr Unit 5 (261-271 Windward Passage), Neuhaus Massivhaus Baugesellschaft m.b.h. (Island Estates High & Dry Marina), CU 92-57 Request – To permit 126 boat dry storage marina facilities Zoned – CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford stated that a permit was not obtained for the sign on the side of the building and the Board may wish consider an additional condition #14 that all existing signage shall be brought into compliance with the sign regulations within two weeks of this public hearing. Discussion ensued regarding the requirement of a brochure explaining the no wake zones and the hours of operation. Applicant’s representative, Tom Nash, 400 Cleveland St., stated he is representing the High & Dry Marina. He stated that approval was obtained for this request in 1990, however due to economic considerations did not proceed with the project at that time. Mr. Nash added that the request is the same and that there is no problem with the conditions, except the requirement of brochures. He felt this issue could be incorporated in the lease agreement, but would comply with Board’s decision. In response to questions by the Board, Mr. Nash stated in regard to the no wake zone, that there us a sign which clearly defines the no wake zone, and felt they will to inform all customers of it. Pro: None Con: None Approved (motion by Mr. Bickerstaffe, seconded by Mr. Hamilton) subject to the following conditions: 1) This conditional use is based on the application for a conditional use and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant’s request for a conditional use permit. Deviation from any of the above documents submitted in support of the request for a conditional use permit regarding the work to be done with regard to the site or any physical structure located on the site, may result in this conditional use permit being null and of no effect. 2) The applicant shall obtain requisite site plan review approval and submit for site plan certification within six months; 3) The site plan shall be revised showing enough of the City parking lot to determine that the new southerly parking on subject site will work, prior to submittal of the final site plan for review by the DRC; 4) The limits of the parking/vehicular easement on City property shall be provided on the site plan in accordance with the CG height limitation for DRC review; 6) The 50 percent minimum open space requirement for the front yard shall be provided on the site plan prior to DRC review; 7) The rollout dumpster is subject to Sanitation approval prior to certification of the final site plan; 8) The developer must provide landscaping according to City code and supplementary landscaping designed to enhance the appearance of the structure in accordance with the review of the City’s Environmental Management Division and the Director of the Planning and Development Department prior to submittal of the final site plan for DRC review; 9) Any lighting shall be directed away from residential areas; 10) Total boat storage shall not exceed 126 boats; 11) No engine testing or repairs between the hours of 9:00 p.p. and 6:00 a.m.; 12) The owner or immediate business manager of the proposed facility shall have on site a mechanically sound backup fork-lift vehicle available for use; and 13) The owner or immediate business manager shall post a sign (or signs) on site and include information in the lease agreement notifying customers of the existing no-wake zone in the marked navigational channel; the sign (or signs) shall be placed in such a manner to be clearly visible to all customers using boats launched from the facility. 14) All existing signage shall be brought into compliance within 2 weeks from the date of this public hearing. 15) The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m. daily. Motion carried unanimously (7 to 0). M&B 32.03, Sec. 30-28-16 (2506 Countryside Blvd.), Executive Corp. of Clearwater, Inc. (Shamrock’s on the Green), CU 92-58 Request – To permit on-premise consumption of beer, wine and liquor Zoned – RecPD (Recreation Planned Development) Mr. Mazur declared a conflict with this item and Mr. Carassas took over the Chair for this item. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant’s representative, George Hayes, 696 1st Avenue, St. Petersburg, stated that staff presented their request appropriately. He stated that the State of Florida Division of Alcoholic Beverages and Tobacco has been at the establishment several times to ensure the requirement of 51% food sales. This has been a problem and the State recommended changing over to a 4-COP license. Mr. Hayes stated that recommended condition #4 should be eliminated as it is too restrictive in regard to entertainment, and that this is a large facility may occasionally have a two or three piece band. He added there will not be any outdoor speakers. Mr. Hayes stated that the applicant leases the restaurant itself, but they often have requests from golfers to make package purchases. Mr. Shuford stated the applicant would have to modify the application to reflect the change in proposed entertainment. In response to questions by the Board, Michael Doyle, applicant, 1749 Highland Avenue, apt. I-24, stated there have been no problems at the establishment involving police. He stated he would like to have entertainment such as a band for St. Patrick’s Day party. Discussion ensued regarding package sales, and consumption on the premises of the golf course. Mr. Shuford stated that the Board may wish to continue the request to resolve the question of package sales for consumption on the premises of the golf course. Mr. Hayes stated it was their desire to withdraw the package sales portion of the request and asked the Board to approve the new license. Pro: None Con: None Approved (motion by Mr. Hamilton, seconded by Mr. Bickerstaffe) subject to the applicant amending the application in regard to entertainment and following conditions: 1) This conditional use is based on the application for a conditional use and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant’s request for a conditional use permit. Deviation from any of the above documents submitted in support of the request for a conditional use permit may result in this conditional use permit being null and of no effect. 2) The requisite occupational license shall be obtained within 6 months from the date of this public hearing; 3) The sale of beer, wine, and liquor shall be restricted to consumption on-premises with no package sales; 4) There shall be no outdoor seating or sales; and 5) There shall be no outdoor speakers or entertainment. Motion carried unanimously (7 to 0). M&B 41.02, 41.03, 41.04, & 41.05, Sec. 24-29-15 (2170-2172 Nursery Rd.), L. M. Loken (Monty’s Pizza), CU 92-59 Request – To permit on-premise consumption of beer and wine Zoned – CC (Commercial Center) and CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant, Sean Stoffel, 2170 Nursery Rd., stated he would like to stay open until 11:00 p.m. if business picks up. He added that recently business has increased and on Fridays and Saturdays with people waiting to be seated and that more tables will help. In response to questions by the Board, Mr. Stoffel stated he has no problem with the conditions recommended by staff, but would like the option to remain until 11:00 p.m. He stated that he has operated the business for four years and has owned it for two years. Pro: None Con: None Mr. Shuford stated the applicant would have to modify the application to reflect the change in hours of operation. Approved (motion by Mr. Hamilton, seconded by Mr. Carassas) subject to the applicant amending the application in regard to hours of operation and following conditions: 1) This conditional use is based on the application for a conditional use and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the request for a conditional use permit regarding the work to be done with regard to the site or any physical structure located on the site, may result in this conditional use permit being null and of no effect. 2) The requisite occupational license shall be obtained within 6 months from the date of this public hearing; 3) The sales of alcoholic beverages shall be limited to consumption on premises with no package sales; 4) There shall be no outdoor seating; 5) The applicant shall obtain approval from the City Commission for any requisite separation variance; and 6) The facility shall close no later than 11:00 p.m. daily, on weekday and 11:00 p.m. on weekends. Motion carried unanimously (7 to 0). ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: Ordinance No. 5264-92 of the City Clearwater, Florida, relating to the Land Development Code; amending Section 136.004, Code of Ordinances, relating to height limitations, to eliminate a height bonus provision for properties having required minimum floor elevations, and to allow parapet walls to extend above maximum height limitations; amending Section 137.005, Code of Ordinances, to revise the definition of “Height;” providing an effective date. (LDCA 92-12) Mr. Shuford explained the ordinance and presented, in writing, the staff recommendation. It was the consensus of the Board to continue consideration of this ordinance to September 1, 1992. Pro: None Con: None Ordinance No. 5265-92 of the City of Clearwater, Florida, relating to flood protection, amending Section 146.004, Code of Ordinances, to revise the definition of “substantial improvement” in order to comply with Florida law relating to the length of time in which certain costs are to be accounted for and limited on Clearwater Beach and Sand Key, but not in other areas of special flood hazard within the City; providing an effective date. Mr. Shuford explained the ordinance and presented, in writing, the staff recommendation. Recommended the City Commission approve Ordinance No. 5265-92 (motion made by Mr. Hamilton, and seconded by Mr. Carassas. Motion carried unanimously (7 to 0). CHAIRMAN’S ITEMS Mr. Mazur commented that while sitting in the back of the meeting room during the Shamrocks on the Green item he noticed that it was difficult to hear what the Board members were saying and asked the Board members to speak directly into the microphones. Mr. Mazur stated that at the last meeting an item on the agenda lasted two hours. He felt that should any member of the Board feel an item is taking too long they should feel free to make a motion to stop the discussion. Mr. Mazur felt the Board only meets together approximately every two weeks and should not rush through discussions. Mr. Mazur discussed the issue of gas stations selling single container of alcoholic beverages and stated he this should not be allowed. It was a consensus of the Board to obtain a legal opinion from the City Attorney on the Board’s authority to prohibit such sales. A motion was made by Ms. Martin, and seconded by Mr. Bickerstaffe, that the Board recommends the City Commission include in it’s legislative package to Tallahassee to consider banning the sale of single containers of alcoholic beverages at package stores or at least at locations that also sell gasoline. Motion carried 4 to 2 (Mr. Hamilton and Mr. Merriam voting “nay”). DIRECTOR’S ITEMS Mr. Shuford stated that the minutes of the August 4, 1992 meeting are being prepared and will be distributed as soon as completed. Mr. Shuford discussed with the Board the new standard condition #1 as prepared by the Assistant City Attorney. He noted that the purpose is to ensure the applicants abide by what they request in their applications. A motion was made by Mr. Hamilton, and Mr. Merriam, to modify the standard condition #1 for all agenda items approved today to read: “…Deviation from any of the above documents submitted in support of the request for a conditional use permit regarding the work to be done with regard to the site or any physical structure located on the site, will may result in this conditional use permit being null and of no effect.” Motion carried unanimously (6 to 0). Mr. Savage left the meeting at 3:45 p.m. Mr. Polatty explained to the Board there is a customer service survey being sent out for feedback form our customers about our service to them. He added that he would like to meet with each Board member to discuss how they feel the Department is performing. Mr. Polatty discussed a proposal being considered to merge this Board with the Development Code Adjustment Board in order to streamline the development review process. BOARD AND STAFF COMMENTS Mr. Bickerstaffe commented that downtown parking lots at businesses not being used at night should be open to permit parking for businesses at night. Mr. Shuford stated he had met with Jessie Goodman, The World in Clearwater, who made a suggestion to that effect. He added that a letter from the City Manager was prepared to the Pinellas County Administrator to propose permitting these lots to be open for public use at night. This is also being brought forward to the Economic Development Director for follow up. A motion was made by Mr. Bickerstaffe, and seconded by Ms. Martin, to recommend that staff be authorized to approach Pinellas County and any other public body that has parking to be open for public use during off hours. Motion carried unanimously (6 to 0). Mr. Polatty stated that staff will follow up on the licensing issue for the golf course associated with Shamrocks on the Green. Meeting adjourned at 4:15 p.m.