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03/17/1992 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, MARCH 17, 1992 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Mazur, Bickerstaffe, Carassas, Hamilton, Merriam, Savage and Schwob. Also present: James M. Polatty, Jr., Director Planning & Development Scott Shuford, Planning Manager Pat Fernandez, 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 A. APPROVAL OF MINUTES Approved (motion Mr. Schwob, second Mr. Carassas) minutes of March 3, 1992. Motion carried unanimously (7 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. M&B 32.02, Sec 20-29-16 (18911 U.S. Hwy 19 N) Robert G. and Hazel V. Daniel (Shor-Bo Inc/Shore Lanes Bowling Alley/Slick Willie's), CU 92-16 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. A letter of objection was received from Mrs. Eleanor Key who stated she objected to the rowdy behavior late at night. Applicant's representative, Anthony Ferro, 31640 US Hwy 19 North, Palm Harbor, 34684, stated the Code will be followed on alcoholic consumption. Bowling tournaments continue after hours. With reference to police calls, some came from the applicant. The Board asked if they agreed to all the conditions. They would prefer no trial period. The General Managers are Scott Petz and Joe Lavoy while Mr. Garrison is a bar manager. This is not a transfer of business ownership but merely Ms. Casey, the leaseholder, changing the name of her establishment. The business operates under two fictitious names and one license. Prior problems were a matter of interpreting the new ordinance. Seating capacity referred to in the staff report includes seating in the bowling area. General Manager, Scott Michael Petz, 1740 Lucas Drive, stated they do not plan to have live entertainment. Pro: None Con: John Callaghan, Imperial Cove, 19029 US Hwy 19 North, Building 4, Apt. 3, stated he was including the wishes of the 14 condo members who signed a letter he gave to the Board. They were protesting the noise from the parking lot between 1:30 and 3:00 am. Mrs. Peggy Kochlefl, 19028 US Hwy 19 North, Building 4, Unit 8, concurred about the noise and said beer bottles were thrown over the wall and believes this would not happen if there were no liquor sales. She suggested a security guard as a possible solution. Rebuttal - Mr. Ferro advised the City noise level ordinance should take care of those violations. In the parking lot a security guard rides a golf cart from 8:00 pm to 2:30 am every morning. Penalties can be imposed on the applicant if alcohol is taken from the premises. Board discussion ensued relative to a trial period and how the applicant would be notified to reappear. Mr. Ferro in answer to a question added that no burden would be placed on the applicant by requiring the presence of a security guard. Approved (motion Mr.Schwob, second Mr. Hamilton) subject to the following conditions: 1) This conditional use permit shall be for a six (6) month "trial period" in order for the applicant's compliance with the City's law enforcement codes during this period to be observed and evaluated subject to Section 72.19 (C)(1-5); 2) The sales of alcoholic beverages shall be limited to on premises consumption with no package sales; 3) The requisite occupational license shall be obtained within six (6) months from the expiration date of its current occupational license; 4) There shall be no outdoor seating or other expansion of the floor area devoted to the proposed use; 5) The requirements of the 4-COP-SBX license shall be adhered to at all times by the management of the proposed Shore Lanes Bowling Alley, Slick Willie's, and the license shall be conspicuously displayed at all times for inspection purposes; 6) All permits and licenses issued by the City and other agencies shall be subject to initial and continuing compliance with all applicable requirements; 7) No outdoor speakers shall be allowed; and 8) There shall be a security guard provided from 8:00 pm to closing, seven days a week, to patrol the exterior of the premises to watch for violations of alcoholic beverage consumption and noise. Motion carried (6 to 1) with Mr. Merriam dissenting. 2. Lots 34 and 35, Blk E, Greenwood Park No 2 (1205 N Greenwood Ave) Tarek and Manal Said (Wael Salhab/True Value Supermarket), CU 92-19 Request - To permit package sales of beer and wine Zoned - CNG (North Greenwood Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Carlton Ward. 1253 Park Street, stated: 1) The applicant has joined the North Greenwood Merchants Association and attended two regular meetings; 2) The applicant yesterday met with members of the Association to ascertain their needs as to how he can be a more responsible citizen in the business community; 3) The applicant pledged to accept a probationary period of up to 18 months; 4) The applicant agreed to keep the exterior free of all litter and debris; 5) The applicant will continue practice of requiring age identification prior to selling alcoholic beverages; 6) The applicant will sell such beverages during City of Clearwater Code permitted times; 7) The applicant advised that the store will be closed at 9:00 pm.; and 8) The applicant will endeavor to have the landlord/building owner replace the windows on the front of the building. Mr. Ward does not feel that prohibiting the sale of refrigerated alcoholic beverages is fair as their competition is allowed to sell these items. He believes this might encourage sales of ice. Applicant, Mamoun Salhab, 2401 Brigadoon Drive, Clearwater 34619, advised Mr. Ward was authorized to represent him. In response to a question from Mr. Shuford, he stated he was never involved in the operation of the A&H Food Store and has not done business as Ali Abu Hamid. Pro: Gwendolyn Williams, 771 22nd Avenue South, St. Petersburg, is a member of the North Greenwood Merchant's Association. She stated the letter relating to the expectations of the applicant is being retyped. The corrections involve the opening time. She stated that anyone can breeze through six months but that an 18-month probationary period would be more difficult. Many of their members are also members of the North Greenwood Association and that organization did not come forth with any additional input. In answer to a Board question, she is a stylist and has a salon in the same building as the applicant. Con: John W. Jenkins, 1146 Alma, Clearwater, stated liquor can do damage to one's life and family. There are too many establishments where alcoholic beverages can be purchased. Lt. Dewey Williams, West District Commander, Clearwater Police Department, was present to answer questions. He agreed that an unoccupied building would be an eyesore. The police feel businesses should work with the community and that the merchant's association is on the right track. They are concerned because the corner of LaSalle and Greenwood is where the largest number of crack cocaine busts occur. The merchant's association is encouraging the police to enforce the open alcohol laws. In rebuttal, Gwendolyn Williams, estimated, of the alcoholic beverages sales, that 60% are cold or refrigerated. She feels persons stand on the street corner because it has been tolerated. When people realize this will no longer be tolerated, the problem at this location will cease. She stated the property owner, if the application is denied, will take the store back. She believes he will then sell alcoholic beverages because he has that right. People come to this store because the hours are different than those of the surrounding clubs. Her major concern however, is drinking on the street. She does not wish to affect the applicant's livelihood but wants to place restrictions. In rebuttal, Carlton Ward, stated the Board has the opportunity to place conditions on the applicant whereby they did not have the chance with the former occupant. The opportunity is there to improve the situation. In response to a question from the Board to Mamoun Salhab, the owner of the business is his brother, Wael Salhab, who purchased the business about four months ago. Mr. Mazur asked for clarification on the following. If this application is denied and the current owner turns or sells the business back to the former owner, would that be considered a change of ownership which would have to come before the Board again. Mr. Shuford stated that assessment was correct. The second question was would would a change due to default be considered a new owner. This is not a new license location and alcoholic consumption would not increase. Approved (motion by Mr. Schwob, second by Mr. Merriam) subject to the following conditions: (1) Approval shall be for a twelve (12) month trial period; 2) The applicant shall erect a "No Trespassing" sign in a conspicuous location on the property as requested by police; 3) A 9:00 p.m. closing time shall be observed; 4) The applicant shall cooperate with police in reducing loitering; and 5) The applicant shall obtain the requisite occupational license within one week of this public hearing. Upon roll call requested by Mr. Schwob, the vote was: "Ayes": Schwob, Carrasas, Savage, Merriam "Nays": Bickerstaffe, Hamilton, Mazur Motion to approve carried (4 to 3). 3. (Third request, second request was for 9 months granted 6/18/91, first request was for 6 months granted 12/11/90), Request for Extension - Part of Blk. 6, Wallace's Addn. to Clearwater, (606 Turner Street), Harold S. & Hazel M. Wallace, CU 90-80 Request - To permit outdoor retail sales display and/or storage of plants Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. It was noted this was within the area of the proposed downtown. Applicant, William Wallace, 606 Turner Street, stated he had not decided on whether to pave the two required parking spaces or to ask for a variance. Costs, and the probability of a variance being granted, are factors to consider. He needs additional time to thoroughly explore his options. Pro or Con: None Approved (motion Mr. Hamilton, second Mr. Bickerstaffe) to grant an extension of six (6) months from the date of this public hearing. Motion carried (6 to 1) with Mr. Merriam abstaining because he was not on the Board the first time this case was heard and was unfamiliar with the application. 4. (Third request, second request was for 6 months granted 9/17/91, first request was for 2 years granted 9/05/89), Request for Extension - M&B 32.05, Sec. 2-029-15 (1453 Sunset Point Road) Anne M. Caballero, CU 89-66 Request - Veterinary Office with Inside Boarding Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant, Gursagar Singh, 1463 Sunset Point Road, stated he had applied for a building permit and was waiting for it to be issued. He requested additional time to obtain the occupational license. Pro or Con: None Approved (motion Mr. Schwob, second Mr. Bickerstaffe) subject to the following conditions: 1) The building permit be obtained within two months of the date of this public hearing; and 2) The required occupational license be obtained with nine (9) months of the date of this public hearing. Motion carried unanimously (7 to 0). C. CONDITIONAL USES: 1. Lots 8 thru 12, Blk A, Harvey Park (1495 S Greenwood Ave) William H and Irene Saunders (Jamil Salhab/Wanna Save Food Store), CU 92-20 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. Applicant's representative, Carlton Ward. 1253 Park Street, stated the applicant accepts the staff recommendation and will comply with the ordinance. He believes the occupational license is in place. Pro: Duke Tieman, 802 Woodlawn, lives approximately three blocks from the location in question. He spoke as an individual but added that he is President of the South Clearwater Citizens for Progressive Action. The major problem in the area is keeping drug dealers out. The applicant originally elected not take sides but is gradually realizing he must participate. The surrounding area is now much cleaner than it was when occupied by Pick Kwik. He has cooperated with the police and the corner has improved considerably. Con: Mrs. Lois Cormier, 625 McLennan Street, stated as a south Clearwater resident for 34 years, she does not believe that continuing the sale of alcohol at this location has shown the use to be compatible with the surrounding area. Parks are nearby. She noted the business transferred in July and they are now coming forward for a conditional use. They obtained the occupational license after the due date and were not charged an additional amount. She read from the police report which showed activity with calls for trespass, assault, drunk driver, juvenile and other problems. The applicant was invited to join but is not a member of the South Clearwater Citizens for Progressive Action. Rebuttals - Duke Tieman stated the applicant has expressed an interest in the neighborhood organization. The store has been cleaned, the parking is clean and it appears the applicant has done a turnaround and is now community minded. People gather where there is a public telephone. He advised the applicant will try to break the lease on his public telephone and have it removed. Carlton Ward, in final rebuttal stated the application meets the criteria required and his use does not detract from the area. He pointed out Mr. Tieman was a close neighbor, while the opponent lives approximately 1/4 mile away. Lt. Dewey Williams was there to clarify any parts of the police issue. There is a light concentration of alcoholic beverage operations in the subject area. Approved (motion Mr. Schwob, second Mr. Savage) subject to the following conditions: 1) The sales of beer and wine shall be prohibited after 12:00 midnight; and 2) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing. Motion carried unanimously (7 to 0). 2. Lots 1 thru 8 and part of Lot 9, Court Sq Sub (531 Franklin St) Elizabeth H. McGraw (Peter Drakakis/Sophia's Rest), CU 92-21 Request - To permit on-premise consumption of beer, wine, and liquor Zoned - UC(C) (Urban Center Core) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Tom Duncan, 2040 NE Coachman Road, 34625, stated the applicant intends to convert the former Merrill Lynch offices into a family restaurant. Their location on Hercules is for sale. Pro or Con: None Approved (motion Mr. Hamilton, second Mr. Bickerstaffe) subject to the following conditions: 1) The requisite occupational license shall be obtained within one (1) year from the date of this public hearing; 2) The sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) The parking lot shall be landscaped to meet the perimeter landscaping requirements of Section 136.023 of the Land Development Code; and 4) There shall be no outdoor speakers. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: E. CHAIRMAN'S ITEMS Mr. Mazur stated he would like to see a more formal recommendation from staff when extensions are presented to the Board. Questions came up relative to the first extension request for six (6) months coming before the Board. Such a request has never been turned down and staff should be able to determine if the extension was warranted. A lot of the applicant's time is expended waiting for their case to be heard. If a denial is being considered, the case would be delayed until the applicant could appear before the Planning & Zoning Board. It was suggested this could be accomplished by either a policy change or a code amendment. Approved policy change (motion Mr. Hamilton, second Mr. Bickerstaffe) that the first granting of a six (6) months extension of a conditional use would not require the physical appearance of the applicant before the Planning & Zoning Board. On subsequent extensions, the applicant would have to appear. Motion carried unanimously (7 to 0). Mr. Mazur asked if his interpretation of rebuttals was correct and members concurred. F. DIRECTOR'S ITEMS Mr. Schwob will be missed and all members wished him well. After the new Board member is named, Mr. Shuford will ask Mr. Galbraith to make a presentation on legal issues at some meeting. The Veranda Restaurant is a change of name and not one of ownership. Mr. Polatty advised the Board could lobby Commissioners with their concerns as some matters are not governed by the Sunshine Laws. It is when they are acting in a quasi-judicial manner that they must refrain from any such contact. G. BOARD AND STAFF COMMENTS: Board members noted that Carlton Ward called some members of the Board asking if there were any problems with those cases he was representing. Mr. Galbraith has sent memos on exparte communications which deal primarily with conditional uses. No information was presented by Mr. Ward, so the Board felt the communications were proper. A question was asked if there would be a charge for permits for signs allowed during construction. There will be some fee. The meeting was adjourned at 5:10 pm. James M. Polatty, Jr., Director, Planning & Development