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05/04/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, MAY 4, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Hamilton, Messrs. Carassas, Mazur, Merriam, Ms. Martin Members Excused: Messrs. Bickerstaffe, Savage Also present: Scott Shuford, Planning Manager Sandra Glatthorn, Senior Planner Etim Udoh, Planner I Vickie Davenport, Recording Secretary Chairperson Hamilton 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 April 13, 1993 - APPROVED. Motion made by Ms. Martin, and seconded by Mr. Merriam. Motion carried unanimously (5 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None. C. CONDITIONAL USES: 1. Lots 3 and 4, Gulf-to-Bay Shopping Center, (1681 Gulf-to-Bay Blvd), Arthur H & Mary L Bruno/Grayson-Reinhardt, Inc., (Norm's Place), CU 93-26 Request - To permit on-premise consumption and package sales of beer, wine and liquor (business ownership change) Zoned - CC (Commercial Center) Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Applicant, Ron Reinhardt, 2177 Alamanda Drive, was present. He stated that he and his partner, Norm Grayson, both have been in the business a long time. The proposed hours of operation is 11:00 to 1:30 or 2:00, and that this is mainly a lunch type restaurant. Pro: None Con: None A motion was made by Mr. Mazur, and seconded by Mr. Carassas, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; 2) There shall be no outdoor speakers; and 3) No customer accessible display area for package sales shall be provided. Motion carried unanimously (5 to 0). 2. Lots 6 thru 9, Blk C, Unit 5, Island Estates of Clearwater, (261-271 Windward Passage), Neuhaus Baugelsellschaft, CU 93-27 Request - To permit 126 dry boat storage marina Zoned - CG (General Commercial) and AL/C (Aquatic Land/Coastal) Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Catherine Yarborough, P.O. Box 3453, Clearwater, FL 34630, was present. She stated that they are in agreement with the recommendations, plus the one added (#15). Ms. Yarborough stated that they have rented those 3 boat slips from the Harbormaster for 3 years and they couldn't operate if not for these slips. Pro: None Con: None A motion was made by Mr. Carassas, and seconded by Mr. Merriam, to approve this request subject to the following conditions: 1) The applicant shall obtain requisite site plan review approval and submit for site plan certification within six months of this public hearing; 2) 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; 3) The limits of the parking/vehicular easement on City property shall be provided on the site plan for DRC review; 4) The existing and proposed height of the structure shall be given on the final site plan in accordance with the CG height limitation for DRC review; 5) The 50 percent minimum open space requirement for the front yard shall be provided on the site plan prior to DRC review; 6) The rollout dumpster is subject to Sanitation approval prior to certification of the final site plan; 7) 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; 8) Any lighting shall be directed away from residential areas; 9) Total boat storage shall not exceed 126 boats; 10) No engine testing or repairs between the hours of 9:00 p.m. and 6:00 a.m.; 11) The owner or immediate business manager of the proposed facility shall have on site a mechanically sound backup fork-lift vehicle available for use; 12) The owner or immediate business manager shall post a sign (or signs) on site notifying customers of the existing no-wake zone in the marked navigational channel; that sign (or signs) shall be placed in such a manner to be clearly visible to all customers using boats launched from the facility. The owner or immediate business manager shall also provide brochures or other written material to customers regarding the no-wake zone; 13) All existing signage shall be brought into compliance within two weeks from the date of this public hearing; 14) The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m. daily; and 15) The applicant shall ensure that vessels waiting to get underway or vessels being pulled from the water not create a navigational problem or nuisance to other boat slip tenants. Motion carried unanimously (5 to 0). 3. Lots 15 and 16, and l/2 vacated alley, Blk 7, Pinecrest Sub, (700 N Greenwood Ave), Charlie Harris/Khaled Hadabah, (C & C Food Mart), CU 93-28 Request - To permit package sales of beer and wine (business ownership change) Zoned - CN (Neighborhood Commercial) Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Discussion ensued between board members and staff regarding the re-striping of the lot and providing the handicapped space. After discussion, it was stated that the whole parking lot needed to be re-striped, not just the handicapped space. Applicant, Khaled Hadabah, 1699 Alkazar Way S, St. Petersburg, was present. He stated that he has recently bought this business and that he has experience with his family in running businesses. Mr. Hadabah stated that he understands the recommendations and is investigating getting a larger dumpster to keep the area clean and not violate any of the sanitation department regulations. Pro: Charlie Harris, stated that he is the owner of the property and landlord. He stated that even before he bought the property it was a convenience store and that it is good for the neighborhood and that the beer and wine sales have not been a problem in the past. Mr. Harris stated that he is working on taking the gas pumps out. Con: Vera Brinson, 1010 Eldridge Street, was present. She stated that her property is facing Eldridge and is located directly in back of this convenience store. Ms. Brinson stated that her main concern is with the dumpster location. Also, she stated that in the past Mr. Harris was supposed to put up a service gate at both ends of his property, (which was never done), to keep people out of the alley. She would like to see some improvements from the debris in the alley and the dumpster moved to a different location. She said she has contacted the Sanitation Department in the past about these complaints. Questions from the board ensued. Ms. Brinson stated that she thought the gate would help the conditions in the alley, by keeping the public out and also moving the dumpster on the opposite side of the building. Mr. Harris, speaking in rebuttal, stated that he will clean up the area behind the store and put up the gates. He stated that he spoke to the Sanitation Department and they suggested he go to a larger dumpster and possibly keep it locked. He responded to a question regarding moving the dumpster to the other end of the building, by stating that the hair dresser that is located there and it wouldn't be fair to them. He was asked about screening the dumpster area for aesthetic reasons. Mr. Shuford responded that there are no requirements for screening a dumpster, but an ordinance is being worked on presently regarding this. Mr. Shuford suggested that this item be continued until the next meeting, to allow time to do a site inspection by staff. Discussion ensued between the board members and Mr. Shuford regarding a continuance so that screening can be investigated, the gate issue that affects the alley, and adding time restrictions so these problems are taken care of in a reasonable time period. Hassan Jones, 2403 Huntington Blvd., was also present to speak in opposition. He stated he is Ms. Brinson's son and has lived with her in the past. He stated that the store serves the community very well, but the problems that have been talked about need to finally be addressed. A motion was made by Mr. Mazur, and seconded by Mr. Carassas, to continue this item to the next meeting date. Motion carried unanimously (5 to 0). 4. Lots 5 and 6, Blk B, Barbour-Morrow Sub, (423 Poinsettia Ave), Joseph and Lucy C. Caraco, Anthony and Louise Linares and Frank and Maria Iocolano, (Cooters Eat'Em Raw Bar, Inc), CU 93-29 Request - To permit on-premise consumption of beer and wine (new license) Zoned - CB (Beach Commercial) Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Robert Gregg, 2963 Gulf to Bay Blvd., Suite 220, Clearwater, was present. The current owners are associated with Molly Goodhead's and he stated they have no desire to be a bar, they want to be a restaurant. They understand the recommendations and agree with them. Mr. Gregg stated that previous owners had enclosed the walkway to be part of the restaurant, which is currently an open air bar. He stated that there are not going to be any changes made outside, only inside, except for the sign. There may be some outside lighting changes. Pro: Jack Kirschmann, stated he will be the General Manager. Currently, he is with Hooters Restaurants Inc. and has been with Hooters for 3 l/2 years. His partner, Michael Flowers, is principal owner of Molly Goodhead's, so they both have experience in this kind of operation. Con: None A motion was made by Mr. Merriam, and seconded by Mr. Carassas, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; 2) The sale of beer and wine shall be restricted to consumption on premises with no package sales; 3) The restaurant shall operate strictly as a sit-down restaurant and no less than 51 percent of the total sales shall be for food and nonalcoholic beverages; 4) The area leased to McDonald's shall not be used for the restaurant use; and 5) The closing time shall be no later than 12:00 midnight. Motion carried unanimously (5 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lot 15, Blk C, Meadow Creek Sub (1812 Beverly Circle), Charles M. and Theresa Nikitas, A 93-05; LUP 93-06 LUP: From Unclassified to Low Density Residential ZONE: RS 4 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Charles & Theresa Nikitas, were not present. Pro: None Con: None A motion was made by Mr. Carassas, and seconded by Mr. Mazur, recommends endorsement to the City Commission. Motion carried unanimously (5 to 0). E. CHAIRMAN'S ITEMS Mr. Shuford wanted to say thanks to Ms. Glatthorn, Senior Planner, for stepping in at the last minute to take over this meeting for him, as he was called to another meeting. F. DIRECTOR'S ITEMS Mr. Shuford stated that the City Commission held a work session on alcoholic beverage regulations, they provided some direction, and that there will be another work session possibly in June. He advised the board members that the revised regulations would be coming back before them. Discussion ensued. Mr. Shuford stated that he would bring up the board members concerns at the next work session and would let the members know the outcome. G. BOARD AND STAFF COMMENTS Mr. Hamilton stated that Mr. Shuford talked with the City Attorney and that he is not required to read the total legal description, but has to state the agenda item number, the nature of the request and the street address. Adjournment: 3:15 p.m.