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11/02/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, NOVEMBER 2, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Messrs. Bickerstaffe, Carassas, Keyes, Mazur, Merriam, Ms. Martin Members Excused: Messr. Savage Also present: Scott Shuford, Planning Manager Vickie Davenport, Recording Secretary ITEM A. APPROVAL OF MINUTES - None. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: Continued from 10-19-93 A. Part of Lots 6 & 7, Hill-Top Sub, (2615 Sunset Point Rd), U-Haul Co. of West Coast of Florida, Inc./Charlie Kitchin, CU 93-47 Request - to permit indoor storage and/or warehousing; a mini-warehouse Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated there was a request for this item to be continued to allow applicant time to submit a revised site plan. Applicant's representative, Mark Scott, was present. He stated he does not want it continued, and that the owner made it a point to be here today. There were no persons present to speak in favor or in opposition to this item. Mr. Carassas wants this continued to next meeting, until there is a full report and corrected site plan received. Mr. Scott stated he would like to go ahead today, because they have a budget year they are dealing with and are trying to get this place started so they can go on with other plans. They also have an annexation on the agenda today and would like to continue today with these items. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, for continuance to the November 16 meeting. Motion carried unanimously (6 to 0). The board went back to this item, after the annexation item (D-1) was heard and approved. Mark Scott showed them the site plan and pictures for improvement to the area. Mr. Shuford stated what he needed the site plan to show: landscape buffering; traffic flow, etc. They are willing to comply with the standards of the city code. Motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe, to approve this request subject to the following conditions: (1) Within thirty days of this public hearing, the applicant shall submit a site plan meeting all applicable city code requirements; (2) The subject property shall be annexed into the City of Clearwater and zoned in a manner that allows indoor storage and warehousing as a conditional use prior to issuance of any building permits or occupational license; (3) There shall be no loading doorways provided on the east side of the buildings use of indoor storage; (4) There shall be no outdoor speakers; and (5) All exterior lighting shall be directed away from surrounding residential properties. Motion carried unanimously (6 to 0). Continued from 10-19-93 B. Lots 1-12, Midway Sub, (2005 Gulf-to-Bay Blvd), Morritt Homes Inc. (Walgreen Company/Walgreen Drug Store), CU 93-65 Request - to permit package sales of beer, wine and liquor (new license) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated that letters of opposition were submitted and a record of phone calls received from citizens regarding this item were in their packets. Applicant's representative/attorney, Harry Cline, was present. He stated that this is a new prototype for Walgreen's, having a drive-through window for prescriptions. Mr. Cline stated that this is a separate building on the east end of the property, which is away from the school. Walgreen's does not sell to minors and they are very strict in regard to their policies being carried out throughout their store chain. Employees go through extensive training as to handling situations involving minors - i.e., signs are posted, employees wear buttons. If they have any questions, they are not to sell alcohol. He stated there is no police report regarding Walgreen's selling to minors. Mr. Cline stated Walgreen's have received letters about the good work they are doing on keeping to their policies and not selling to minors. He stated it is not a hang-out for teens like you would find at a convenience store. Dan Vietto, was present to discuss the site plan. He stated that they have "flip-flopped" the store, to put the liquor store to the back side of the site to further buffer it from the high school. It was stated the hours of operation would be from 8 a.m. - 10:00 p.m., 6 days a week. Discussion ensued regarding the drive-through traffic pattern. The following persons were present to speak in opposition: David Fellows, 3151 John's Parkway, Clearwater, was present. He is representing Clearwater High School Advisory Committee. He is concerned about the alcohol being sold. Mr. Fellows stated that Mr. Evans, who is the prinicpal, at an October 19th meeting with the applicant, sounded like he supported this store going in, but he was opposed to the alcohol being sold. Connie Glasgow, 2273 Jaffa Place, was present. She is a PTA representative. She stated that there was a petition signed with about 100 names sent to Mr. Shuford, and she also had a list of names who called in to voice their opposition to this item. Linda Hayes, 2421 Glenann Drive, was present. She also is a PTA representative. She stated there were many more people who called in that weren't mentioned. Her concerns: why another store when there is one at Duncan and Gulf-to-Bay; traffic problems; why people called in and were talked to rudely and told the City wasn't taking any more calls. Rebecca Elword, 3052 Grandview Ave., was present. Her concerns: that corner is a congregation area for students; alcohol is easy enough for students to get without putting it under their noses. Paul Schmidt, 207 Midway Island, was present. He stated it is a good location for Walgreen's, but they should not be able to sell alcohol. He stated that his son's classmates often have alcohol on their breath. Cindy Ehrenzeller, 1851 Asberry Drive, was present. She is representing Kennedy Middle School Association. She does not want a liquor store in the vicinity of any school. Tim Roberts, 1380 Woodcrest Ave., was present. He is the past chairman of School Advisory Committee at Oak Grove Middle School, and currently a school advisory counsel member at Clearwater High School. He volunteers a great deal with youths in the community. He stated it is sending a wrong message to students having a liqour store so close to school. Nancy Gonsiewski, 913 Chester Dr., was present. She is a parent who has a 9th grader at Clearwater High. She stated that the proposed Walgreen's doesn't have curb appeal, but kids have adults get it for them. Mr. Cline had rebuttal. He stated that every employee goes through the training, and no one falls through the crack. Mr. Cline stated we are here to see if the application meets with the city code requirements. He stated that they would be glad to change the hour of opening to 9:00 a.m., and not sell individual bottles. Discussion ensued regarding the separation distance variance. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, to approve this request, subject to the following conditions: (1) The requisite occupational license shall be obtained within nine months of the date of this public hearing; (2) The requisite alcoholic beverage separation distance variance shall be obtained from the City Commission; (3) There shall be no sale of single cans or bottles of beer or wine coolers; and (4) There shall be no sale of alcohol before 9:00 a.m. Motion carried 4 to 2, with Mr. Mazur and Ms. Martin voting nay. For reconsideration: C. M&B 14.11, Sec 18-29-16, (20866 US Hwy 19 N), Russell Dilley Jr TRE & Barbara J. Dilley TRE, Dilley Family Trust/Club Personality, Inc (Personality's), CU 93-57 Request - to permit on-premise consumption of beer and wine (new license) Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Mr. Tim Johnson, 911 Chestnut St., was present. He stated this is for reconsideration, so they can stop the appeal process from the last meeting. Gave background to the board members on who voted before and how they voted. Mr. Johnson updated the board members. He stated there is no valet parking; operation has been open for four weeks (giving away beer), and there have been no police episodes during this time; he believes they will be successful in the appeal - may not have the conditions they have now, as they may be taken away. He told the board members that they just voted approval for alcohol to be sold at Walgreen's near the high school and he doesn't see how they can turn this down after doing that. He stated that this is not incompatible with surrounding area. Gregg Rose, 3455 Countryside Blvd., was present. In answering a question, he stated that the manager, Ms. Edwards, had experience at Silouettes. The following person was present to speak in opposition to this item: Lois Cormier, 625 McLennan St., was present. She stated she was at the last meeting and heard about it being reconsidered through the Tampa Tribune. Her concerns: the Greek church that is close by hadn't been notified of this item by public hearing notice, and the alcoholic beverage request. Mr. Shuford checked with the clerk's office and it was confirmed that the church did receive notice. Mr. Johnson had rebuttal: He stated that the Greek church was not here to complain. Discussion ensued between the board members regarding the six month trial period and the parking problem being resolved with the valet parking being eliminated. There are three properties with alcohol beverage licenses within 300 feet: Holiday Inn; Perkins on Gulf-to-Bay; and the Roadway Inn, on US 19. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, to approve this request, subject to the following conditions: (1) Within four months of the date of this public hearing, the applicant shall completely install the parking improvements called for in the revised site plan, as submitted or modified to comply with City code requirements; (2) Perimeter landscaping materials meeting City Code requirements shall be provided along the east side of the site; (3) The requisite occupational license shall be obtained within four months from the date of this public hearing; 4) Approval shall be for a six month trial period, after which the use shall be reconsidered to monitor compliance with law enforcement regulations; (5) There shall be no advertisement of the subject establishment on the on-site billboard; and (6) There shall be no outdoor entertainment, seating or speakers; (7) The operation of the establishment shall comply with all requirements of the City of Clearwater adult use ordinance; and (8) Approval shall be for consumption on premises only with no package sales. Motion carried 4 to 2, with Mr. Carassas and Mr. Mazur voting "nay". C. CONDITIONAL USES: 1. M&B 13.01, Sec 8-29-15, (200 Island Way), Glasesel-Hollenback, H. TRE & Bertram-Nothnagel, H. TRE (Publix Supermarket), CU 93-66 Request - to permit outdoor retail sales, displays and/or storage; garden supplies, plants and Christmas trees Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Stephen McGrail, 15512 Bristol Circle E., was present. He stated he sent in papers for the parking variance, and is waiting for the Development Code Adjustment Board meeting. Mr. McGrail wanted to know when they can put plants back outside. Pedestrian access to the store was discussed with the board members. The following persons were present to speak in favor of this request: Bonnie Harding, 31 Island Way, was present. She likes the displays and would like to see it continued. Lois Cormier, 625 McLennan St., was present. She stated her husband and herself enjoy the display and there is no obstruction to the pedestrian walkways. There were no persons present to speak in opposition to this request. A short discussion ensued between board members regarding businesses being able to use sidewalks for display purposes. Motion was made by Mr. Mazur, and seconded by Mr. Merriam, to approve this request subject to the following conditions: (1) The applicant shall obtain the required occupational license within three months of this public hearing; and (2) The applicant shall obtain the necessary variance to the parking regulations. Motion carried unanimously (6 to 0). 2. M&B 23.07, Sec 18-29-16, (235 S. Belcher Rd), John & Laura Gianfilippo (Goodyear Tire & Auto), CU 93-67 Request - to permit vehicle service; tire sales and minor auto repair Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant representative, Tim Stefan, 1355 Pinellas Bayway, Tierra Verde, FL, was present. Goodyear has been in this facility since 1967 and it doesn't have adequate parking and would like to add two additional bays. The entire business is going to be moving to this location when permitting has been completed. There were no persons present to speak in favor or in opposition to this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur, to approve this request subject to the following conditions: 1) The applicant shall obtain the requisite building permit within six months of this public hearing; 2) The applicant shall obtain the required occupational license within thirty days of issuance of a certificate of occupancy; 3) Perimeter landscaping/buffering shall be installed in accordance with Sec. 42.27(3) (b) of the City Code, including an opaque six ft. high fence, to visually screen the proposed use from the residential area to the east prior to issuance of a certificate of occupancy; 4) All lighting shall be directed downwards and away from the mobile home park located to the east prior to issuance of a certificate of occupancy; 5) Hours of operation shall be restricted to 7:00 am to 8:00 pm daily; 6) No outdoor speakers or outdoor public address systems shall be used in the daily operation of business; and 7) The applicant shall obtain approval for any necessary variances to the City's parking regulations. Motion carried unanimously (6 to 0). 3. Lots 9 & 10 and l/2 vacated alley, Blk A, Clearwater Beach Park lst Add, part of Lot 26 & Lots 27-31, Blk B (467 Mandalay Ave), and Lots 6 & 7, Blk B, Clearwater Beach Park lst Add Replat, (475 Poinsettia Ave), JEC Funding Inc (Jack Eckerd Corp)/Guaranty Federal S&L Assn (Fortune Savings Bank), (Eckerd Drugs & Fortune Bank/Lions Clubs), CU 93-68 Request - to permit commercial parking Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant representative, Howard E. Ziegler, 3489 Carmichael St., Palm Harbor, was present. Discussion regarding changing condition #2 to encompass the Spring Break period. There were no persons present to speak in favor or in opposition to this request. Motion was made by Mr. Bickerstaffe, and seconded by Ms. Martin, to approve this request subject to the following conditions: (1) The applicant shall obtain the required occupational license within three months of this public hearing; (2) The days of operation shall be restricted to Saturdays, Sundays, and holidays, and any day during February, March or April; and (3) The applicant shall ensure that an adequate amount of parking spaces are provided for the Eckerd Drug Store and the Fortune Bank Property customers. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: Continued from 10-19-93 1. Lot 1, Ehle Sub, (23917 US Hwy 19 N), U-Haul of West Coast of Florida, A 93-22; LUP 93-30 LUP: From Unclassified to General Commercial ZONE: General Commercial Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Mark Scott, stated he would like to talk about the conditional use first, because without that being approved first, they would have no reason to continue with this request for annexation. He stated the intent is to put U-haul under one jurisdiction and served under those codes. There were no persons present to speak in favor or in opposition of this request. Motion was made by Ms. Martin, and seconded by Mr. Bickerstaffe, to recommend endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment for Parcel "A" to Commercial General and for Parcel "B" to Residential/Office/Retail, and Zoning Atlas Amendment for both Parcels "A" and "B" to General Commercial (CG). Motion carried unanimously (6 to 0). Discussion ensued that since the annexation was approved, the board would go ahead with the conditional use, since there were no persons to speak in opposition. This was done at this time. E. CHAIRMAN'S ITEMS Would like to have a small holiday luncheon with Ken Hamilton before meeting in December. Mr. Keyes was welcomed to the board. F. DIRECTOR'S ITEMS Mr. Shuford welcomed Mr. Keyes also. He stated that the office had not received the petition that was submitted on the conditional use item. Mr. Shuford stated the work session with City Commission is coming up on the 16th at 12:30. G. BOARD AND STAFF COMMENTS Revising rules regarding rehearing at the first meeting of the year was discussed. Mr. Mazur stated that the page in their folder needs changing regarding the Standards. Discussion ensued regarding the alcoholic beverage work session with the City Commission. The board would like City Commision to get an attorney here during a meeting, so they can advise what they can do or not do or have someone available from the Legal Department to come down when they have a controversial item before them. Adjourn: 5:40 p.m. ___________________________________________________ Scott Shuford, Director of Central Permitting