04/15/1997PLANNING AND ZONING BOARD
CITY OF CLEARWATER
April 15, 1997
Present:
Edward Mazur
Brenda Harris Nixon
Kemper Merriam
Robert D. Bickerstaffe
Frank Kunnen
Douglas Hilkert
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Leslie Dougall-Sides
Sandy Glatthorn
Steve Doherty
Gwen Legters
Assistant City Attorney
Planning Manager
Zoning Section Supervisor
Board Reporter
Absent:
Bernie Baron
Board Member
The meeting was called to order at 2:00 p.m. in City Hall, followed by the invocation, meeting procedures and the appeal process. To provide continuity for research, items are listed
in agenda order although not necessarily discussed in that order.
Minutes Approval -- April 1, 1997
Discussion of the minutes was conducted under Board and Staff Discussion, on pages 7 and 8, below. Member Mazur requested amendment of the “Planet Bubba” item #C2, CU 97 61, to note
that he had asked each of the applicants if they intended to operate as a nightclub at any time during the week. He felt it was important to have this in the record because the applicants
had not recognized that they needed to have additional parking for the nightclub use. Discussion ensued regarding the context of the discussion of the item. Mr. Mazur questioned whether
any of the board members objected to his requested amendment. No objections were raised.
Additional corrections were requested as follows: 1) Page 4, second paragraph, item 21, correct the word “cases” to “cares”; 2) Page 5, third paragraph, correct “1998” to “1988”; 3) Page 5,
last line of the fourth paragraph, delete the word, “a” after “terminable”; 4) Page 6, second paragraph, fourth sentence, add “…a restaurant without alcoholic beverage sales.”; 5) Correct
the spelling of Pattemore’s throughout the document.
Consensus was to approve the minutes as amended.
C. Conditional Uses
C1. Hazel Wilson/Pauline Reavis/Betty Conde/Pamela Miller/Drew Manor Professional Offices Condo Association, Inc., to permit a veterinary office at 1710 Drew Street, Drew Manor Professional
Condo, zoned CG (General Commercial.) CU 97 18
Ms. Glatthorn presented background information and written staff recommendations, stating the applicant wishes to establish a veterinary office in an existing office complex. She detailed
conditions in the surrounding residential area and related how the applicant proposes
to buffer the use to keep noise levels down. The proposal appears to be compatible with surrounding properties, and to comply with the standards for approval, if the conditions of approval
are met. Staff recommended approval with three conditions.
William Eskew, veterinarian representing the applicant, agreed with staff’s analysis and suggested conditions of approval. No verbal or written support or opposition was expressed.
Member Hilkert moved to approve Item C1, CU 97-18, subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and occupational
license within six months of the date of this public hearing; 2) No outdoor cages or runs or other outdoor area containing unattended animals shall be permitted; and 3) No boarding of
animals shall be permitted except for pets currently being treated by the veterinarian. The motion was duly seconded and carried unanimously.
C2. Clearwater Gulfview Hotel Trust (Ramada Inn Gulfview) to permit business/professional offices which serve the tourist (real estate office) at 521 S Gulfview Blvd., Sec 17-29-15,
M&B 22.02, zoned CR 28 (Resort Commercial) & OS/R (Recreation/Open Space.) CU 97 19
This item was moved to the end of the agenda to allow time for the applicant or representative to arrive. Ms. Glatthorn presented background information and written staff recommendations,
stating the applicant wishes to locate a real estate sales desk in the Ramada Inn Gulfview hotel on Clearwater beach. The use should have no impact on surrounding properties as long
as it is restricted to the interior of the hotel as indicated on the plan. The proposal appears to be compatible with surrounding properties, and to comply with the standards for approval,
if the conditions of approval are met. Staff recommended approval with two conditions. One member indicated limiting indoor activities to the desk area on the plan seemed unnecessarily
restrictive and suggested simplifying condition #2 to allow no outdoor sales. Ms. Glatthorn concurred.
Leif Chaffee, General Manager of Ramada Inn Gulfview, proposed to have a sales representative for Ramada Vacation Suites at the desk location noted on the plan. In response to questions,
he said it is typical for hotel tenants to restrict sales activities to their respective areas. He does not intend to offer outdoor sales, but would appreciate being free to relocate
within the hotel lobby in the future.
Tom Snark stated he is the Marketing and Sales Manager for Ramada Resorts, the time share division of Ramada Inns. He explained how licensed salespeople market time shares at several
locations, offering gifts to guests for taking part in presentations. He said the 27-year-old company is bonded and has a solicitor’s license. He affirmed all activities are conducted
within, not outside the hotel.
No verbal or written support or opposition was expressed.
Member Hilkert moved to approve Item C2, CU 97-18, subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the
date of this public hearing; and 2) No outdoor sales will be permitted. The motion was duly seconded and carried unanimously.
C3. Shoppes Associates Limited Partnership/Andrew R. Duf, TRE (The Shoppes on Sand Key - Hellas Aegean Isles Greek Restaurant) to permit restaurants and package sales occupying more
than 15% of the gross floor area of a shopping center at 1241 Gulf Blvd., Radisson Bayside Motel, Lots 1 & 2, Zoned B (Business.) CU 97 20
This item was moved to the end of the agenda to allow time for the applicant or representative to arrive. Ms. Glatthorn presented background information and written staff recommendations,
stating the applicant wishes to establish the restaurant within an existing shopping center that currently exceeds the floor space allowance for restaurant, tavern and package sales.
She detailed non-retail occupancy, percentage of food and beverage sales, and area requirements. The proposal appears to be compatible with surrounding properties, and to comply with
the standards for approval, if the conditions of approval are met. Staff recommended approval with two conditions.
Julie Fine, with Ross Realty Groups, outlined the request. In response to a question, she explained the restaurant will have take-out food, not liquor. She stressed liquor is not
being packed for takeout.
No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve Item C3, CU 97-20, subject to the following conditions: 1) The applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within six months from the date of this public hearing; and 2) The applicant shall maintain a minimum of 51 percent food and nonalcoholic beverage sales and limit
nonfood service areas where drinks are served to a maximum of 15 percent of the customer service area. The motion was duly seconded and carried unanimously.
C4. Clyde W. Hall & Momir Mijatovich (Old World Deli) to permit package sales of beer and wine (new license) at 11 N. Jefferson Ave., Padgett’s Estates Sub, part of Lot 7, zoned UC(E)
(Urban Center Eastern.) CU 97 21
Ms. Glatthorn presented background information and written staff recommendations, stating the delicatessen has been in business since August, 1996. The proposal appears to be compatible
with surrounding properties, and to comply with the standards for approval, if the conditions of approval are met. Staff recommended approval with one condition.
Clyde Hall, the owner/applicant, stated he wishes to obtain a license to sell imported beers and wines. In response to a question, he indicated he understood and did not object to
staff’s recommended conditions.
No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve Item C4, CU 97-21, subject to the following conditions: 1) The applicant shall obtain the requisite State of Florida alcoholic beverage license
within six months from the date of this public hearing. The motion was duly seconded and carried unanimously.
C5. Allan J. Stowell (Quaker State Oil Marine Lube) to permit vehicle service (boats) at 2861 Gulf-to-Bay Blvd., Baskins Replat Resub, part of Lot 2, zoned CG (General Commercial.)
CU 97 22
Ms. Glatthorn presented background information and written staff recommendations, stating the applicant wishes to construct a drive-through vehicle service operation designed to change
oil in boat engines. Staff expressed several concerns with the parking arrangement and the excessive amount of paved area on the site. Staff did not anticipate a need for overnight
storage of boats or vehicles and recommended for all vehicle service and parts storage to be conducted indoors. It was indicated no vehicle for sale should be displayed from the property
without the applicant having obtained conditional use approval for vehicle sales. The proposal appears to be compatible with nearby properties, and to comply with the standards for
approval, if the conditions of approval are met. She read staff’s seven recommended conditions, plus an eighth condition to bring existing signage into compliance before obtaining a
freestanding sign permit.
In response to questions, it was indicated boats are included in the definition of vehicle sales and service. The 16 existing parking spaces exceed the maximum number required by code
and must be reduced to 13 spaces, unless a variance is obtained. The final plan must be approved by the City Traffic Engineer. The parking spaces are for parking customers’ automobiles,
not boats. General discussion ensued regarding paving, green space, and signage requirements.
Ben Rowell, representing Quaker State, of Salt Lake City, Utah, stated they are offering a new product in the marine business. He noted power boaters typically have a difficult time
locating sources for servicing their boats. This proposal is a pilot being introduced by Q-Lube to offer one stop drive-through oil changes, lubrication and preventive maintenance conducted
by a team of technicians. He addressed each of staff’s comments and recommended conditions individually, agreeing with all points except two. While there is no provision in the plan
for outdoor display or storage, he stated there could be rare cases when a customer drops off a boat for service and is unable to pick it up the same day. He requested the limitation
be changed to indicate boats may not be kept outside on the property for longer than 24 hours. The second point he questioned was suggested condition #2 limiting service to oil changes
in marine engines. He reiterated the business is to be a one-stop operation providing total service and certain preventive maintenance for boats, boat trailers, and tow vehicles.
One member’s questions were forestalled by the Chair, who requested board members to hold their questions until the end of the presentation. Debate ensued regarding meeting procedures
and the meeting was recessed at 2:33 p.m. When the meeting reconvened at 2:36 p.m., the Chair requested board members to follow the order of proceedings outlined at the beginning of
the meeting. The applicant was requested to continue his presentation.
Mr. Rowell reiterated his two concerns as outlined above. He stressed the operation must be a drive through for speed and convenience, but occasionally a boat may be left on the property
overnight when the owner cannot pick it up the same day. The plan does not call for boat or vehicle sales, the applicants will work on the parking lot plan with the Traffic Engineer,
and no freestanding signage is proposed other than entrance and exit signs. The applicant has researched the sign code and will comply explicitly. He stated Quaker State is proud to
offer this new concept to customers.
In response to board questions, Mr. Rowell reiterated the desire is to offer a comprehensive range of services to the tow vehicles, boat trailers, boats and motors. Basic safety checks
will be conducted during the typical 30-minute service routine. Simple replacements such as light bulbs will be done as part of the basic marine service, but anything that relates to
mechanical repairs will be pointed out to the customer and referred to an authorized full service dealer. He did not anticipate a situation where tow vehicles alone would be serviced,
except maybe for promotional purposes. He pointed out the service regimen for tow vehicles is different than for regular automobiles, boats, motors or trailers.
One member asked staff’s reaction to deleting recommended condition #2, if the intent is not to limit the applicant to changing oil in marine engines. Ms. Glatthorn assented, but requested
the board to condition approval so the board’s intent will be clear for purposes of future reference and enforcement. Mr. Rowell suggested allowing oil changes and lubrication of marine
engines, boats, trailers and other vehicles. Discussion ensued regarding a simple way to represent the request. Consensus was the service will be virtually the same preventive maintenance
as what is done in quick auto oil and lube uses and should be conditioned accordingly. A question was raised whether the way the current conditional use application was brought forward
is appropriate for this use. Ms. Glatthorn verified the request is properly before the board. Questions were raised why the application limits the proposed service to marine engines.
Alan Stowell, the property owner, offered clarification. It was indicated Mr. Doherty prepared the staff report based on Mr. Stowell having inadvertently listed only marine engines
on the application. Mr. Rowell stated the applicants understand the complexities of breaking new ground, and emphasized this is a pilot program. He submitted for the record a promotional
brochure listing the range of services the business intends to provide, as closely as the services can be quantified to date. He cautioned the list may change slightly upon implementation
of the pilot. After reviewing the brochure, Ms. Glatthorn was satisfied with deleting suggested condition #2, and conditioning the request in accordance with the services menu as submitted.
Harry Cline spoke in opposition to the request on behalf of Bayview Gardens, asking the board to deny or continue the request because the application packet is legally deficient. He
complained the audience cannot hear the presentation or discussion because of the noise of the air conditioning system in the Commission chambers. He stated his client was not notified
of the request until Friday, and anything abutting the assisted living community concerns them. He was not satisfied the application is complete, noting the lack of an accurate site
plan, lack of site lighting, and lack of landscape buffering. He expressed serious concern about expanding the use from what was presented in the staff report, without readvertising.
Discussion ensued regarding the site plan, a zoning map and an aerial photograph of the area, related to conditions on the subject and surrounding properties. In response to Mr. Cline’s
concern that site lighting could disturb the adjacent residential neighborhood, it was indicated site lighting is not a factor as the business will operate from 8:00 a.m. to 5:00 p.m.
The concern about the inadequacy of the site plan did not seem appropriate to some, as the board does not require a certified site plan in order to hear a conditional use request.
Ms. Dougall-Sides expanded on Mr. Cline’s point that anyone attempting to view the public hearing file prior to today’s hearing would not have known of the expanded use. She suggested
readvertising the clarification and asked if the applicant would be willing to request a
continuance to the next meeting. She noted having the site plan revision submitted at the hearing was late, indicating staff had not had adequate time to review it. . Ms. Glatthorn
affirmed a continuance would give Traffic Engineering and Environmental a chance to review the revised plan submitted today. Discussion continued whether adequate advertising and public
notification were given, and whether the request should be continued for readvertising, or decided today.
Don Carlson addressed the board, stating he neither supports nor opposes the application. He is the realtor to brought the business in contact with the property owner. He took responsibility
for any inadequacy on the application. He stated staff and the applicants have done what they were required to do, which is report and seek approval of an oil change operation. He
stated the proposal will be a showplace for Clearwater, and the application is above board. Regarding the concern about lack of a landscaping buffer, he said a buffer existed until
the adjacent property owners trimmed it back yesterday.
In summary, Mr. Rowell said Quaker State has put a great deal of time and energy into the project, but does not want to go into business without being in the best graces of the City.
While he expressed some urgency to open the business in time for the peak boating months, he said he would be willing to make the return trip from Salt Lake City to attend the board’s
next meeting, if necessary. He did not understand the objections because he felt the application is complete. He requested information regarding his options and the length of the appeal
process if the board’s decision to approve was challenged.
In response to a question, Mr. Rowell said he was prepared to accept conditions requiring a concrete block wall or opaque landscaping buffer around three sides of the property, and
to have all site lighting directed away from properties to the south. He stated the building is lighted indirectly, with lights washing down the sides of the building, not onto surrounding
properties. It was indicated the business would be remain open until 9:00 p.m., not 5:00 p.m. as stated earlier.
Mr. Cline was questioned whether the opposition would be satisfied if the board addressed the concerns about lighting and buffering the proposal. Mr. Cline indicated he could not respond
accurately without consulting his clients, but felt it likely a successful appeal would be filed if those points were not adequately addressed.
Mr. Rowell requested a continuance to the board’s next meeting of May 6, 1997.
Member Bickerstaffe moved to continue Item C5, CU 97-22, to May 6, 1997. The motion was duly seconded and carried unanimously.
C6. Markos & Maria Poniros/David R. Webb/Sielco, Inc. (Stingrays Sports Café) to permit nightclubs, taverns and bars (change of business ownership) at 1915 N Hercules Ave., Sec. 01-29-15,
M&B 13.02, zoned CG (General Commercial.) CU 97 23
Ms. Glatthorn presented background information and written staff recommendations, stating the existing 4 COP license was obtained in 1991 for Boomerang’s, Inc. The business ownership
was changed in December of 1995, when the name of the club was changed to Stingrays Sports Café. A change of business ownership was approved for the most recent business on August 2, 1994
(CU 94 63), subject to three conditions. She listed the previous
conditions and details regarding the authorized license holder. The proposal appears to be compatible with surrounding properties, and appears to comply with the standards for approval,
if the three previous conditions and four new conditions of approval are met. Staff recommended approval.
Lewis Johnson, the proposed new alcoholic beverage license holder and authorized representative, stated he has applied for the occupational license and has no problems with staff conditions.
No verbal or written support or opposition was expressed.
Member Merriam moved to approve Item C6, CU 97-23, subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the
date of this public hearing; 2) The sale of alcoholic beverages shall be limited to on premise consumption only, with no package sales permitted; 3) The applicant shall maintain the
existing kitchen and provide food service within one hour of closing; and 4) There shall be no outdoor entertainment or loudspeakers. The motion was duly seconded and carried unanimously.
Board and Staff Comments
After discussion of the April 1, minutes, Mr. Mazur raised another concern. He objected to the news coverage characterizing the Planning and Zoning Board as having rejected the “Planet
Bubba” item because of Todd Clem’s involvement. He did not remember the board ever having indicated the item was being considered on any basis except whether a nightclub was an appropriate
use in the subject location. He stressed his consideration had nothing to do with the applicants saying they would try to do better, because he felt management cannot control 960 people,
no matter how well intended they are. He noted the board members had not gone on record with their individual objections to the request and questioned whether they should be stated
for the record, in the future. General discussion ensued regarding the adverse impact on surrounding properties; specific use of the term “nightclub” in staff’s presentation; and discussion
indicating conditions were to be obeyed in order for the applicants to stay in business.
Member Bickerstaffe reopened discussion of the use of generic terms instead of board members’ names in the minutes, in order to tell whose opinions are being expressed. He and Member
Nixon reiterated they prefer the use of names. Member Mazur stated the reason names were omitted was for ease of minutes preparation. Member Merriam noted it would serve no useful
purpose to change the format. Member Hilkert preferred not to have his name used in the summary minutes due to the possibility of something he said being summarized differently than
he had intended. He supported no change in the minutes format. Member Kunnen felt the summarizations to be fairly accurate and stated the use of names would not change anything. Additional
minutes corrections are reported under Minutes Approval on page one, above.
Member Mazur respectfully requested board members to refrain from asking questions of applicants before the end of the applicant presentation. He apologized for stopping the meeting
for a short time, but stated he will continue to conduct the meeting according to the established
procedure unless he hears differently from the majority of the board. He requested input from board members.
Member Kunnen maintained Robert’s Rules of Order provide for the board to ask questions of the applicant. Mr. Mazur noted Robert’s Rules are used as a backup then the board’s rules
do not cover a specific situation. He reiterated the board has a set procedure that should be followed unless the board changes the procedure.
Member Merriam asserted no one should interrupt a speaker with a question, but should wait and follow the board’s parameters. He challenged the inference that Robert’s Rules allow
interrupting a speaker.
Member Nixon noted the basic philosophical difference in the timing of questions, pointing out she had sustained heavy criticism of the way she ran board meetings when Mr. Kunnen felt
he had the right to interrupt the meeting any time he had a question. She stated Mr. Mazur had been elected Chair because it was felt she could not control the meetings. She stated
board members should accept the established rules or resign from the board. She found it embarrassing for the public to see board members fighting among themselves. She felt it is
appropriate to make notes of her questions and to withhold asking them until the appropriate time.
Member Kunnen asserted it is not appropriate for the Chair to muzzle a board member when the board member feels more discussion is needed. He said questions are needed to understand
the issues. He related several incidents at today’s meeting when it appeared board members had spoken out of turn.
Member Bickerstaffe expressed concern the board had made a spectacle and indicated instruction from the Chair should be followed, whether or not a board member agrees with the instruction.
However, he expressed concern with prolonging discussion of conditions of approval with the applicant by adherence to a formal question and answer session. He felt interjection of
a pointed question can save time.
Member Hilkert understood one wanting to ask questions spontaneously, but was convinced by the Chair’s assertion that time for questions and discussion will be allowed once the presentation
time has expired. He noted parliamentary procedure provides that any member who is not satisfied with a decision by the Chair has the right to appeal that decision to a vote of the
board. He suggested that procedure as a possibility for future consideration.
Mr. Mazur clarified his system for 1) signaling a member to acknowledge that the member wishes to ask a question at the appropriate time; and 2) recognizing the member by name when
the time is appropriate to ask the question.
Member Kunnen indicated he may have misunderstood the Chair’s recognition process. He thought he had been recognized and had been interrupted after he thought he had the floor. In
the future, he will make notes and wait to be recognized. He wished to emphasize to the board he is very concerned about ensuring he understands staff’s recommended conditions.
In response to a question from Member Hilkert, Ms. Dougall-Sides said the Land Development Code rewrite is still under review in the Legal office.
Referring to earlier discussion of the “Planet Bubba” item, Member Merriam explained his position. He recognized Mr. Clem’s history in the Tampa Bay area, but expressed concern the
media indicated the board voted down the proposal because of Mr. Clem’s involvement. Mr. Merriam related the history of uses on the site, stating there have been other uses besides
nightclubs. He was concerned the applicants shifted to an emphasis on the restaurant after they heard the board did not favor a nightclub on the site. He felt the application did not
meet standards for approval #3, #6, and #7a, b and c.
Member Nixon explained why she voted as she did on the “Planet Bubba” item. 1) She felt the item should never have come before the board, if Tiffany Wilder has continuously owned the
liquor license and only leased it out; 2) the applicant was not proposing anything different from what happens at the strip club located near the church; and 3) the applicants specified
the nightclub would not begin until 9:00 p.m. In later discussion, Mr. Doherty indicated verification of license ownership would not be possible without checking with the State of Florida.
He said details of Ms. Wilder having leased her license are not known to staff.
Regarding the Quaker State item, Member Nixon questioned Mr. Cline’s code reference that requires a correct site plan with a list of conditions. She requested investigation by staff,
and inclusion of a complete site plan in the board’s packets, if it is determined to be required by code.
Member Bickerstaffe favored staff being prepared to answer board questions that pop up the day of the meeting. He expressed concern staff should have asked the appropriate questions
in advance so it would have been known what the Quaker State applicant wanted to do. He said it seems staff wants to eliminate instead of promote business. Ms. Glatthorn responded
by explaining that staff is very concerned about meeting the City’s goal to promote economic development and that sometimes, in the effort to meet this goal, and be customer friendly,
staff must bring an application forward to the board which is not totally complete.
Member Hilkert complimented staff on the Q-Lube staff report, stating they did a good job with what they were given. Member Nixon requested staff to determine whether future applications
fall into the category of major or minor service and include the appropriate list of allowable activities. She felt staff should look at the hours of operation and not limit the applicant
unnecessarily, just based on what the applicant writes on the application. Member Kunnen requested staff to address future vehicle applications as “major” or “minor.”
Member Nixon complained the noise generated by the new air conditioning system in Commission chambers is totally unacceptable. She requested the City Commission to do something about
the noise. She was concerned she could hear a conversation in the audience above the presentation. Mr. Mazur was concerned with an audience member’s report the board could not be heard.
Member Bickerstaffe raised a question regarding Jamminz’ billiard and dancing room. Mr. Doherty explained details, stating the occupational license is in order. Discussion ensued with
Mr. Doherty regarding whether an occupational license is a tax, or permission to operate a use.
Member Kunnen expressed concern with transfer of business ownership applications, stating the board should be looking at the zoning and land use, not the license. Ms. Glatthorn agreed,
stating staff hopes to change the way the code is written. Member Nixon noted the board only deals with changes of business ownership as they relate to alcoholic beverage licenses.
Relating a brief history of such cases, she said staff has tried to change the code several times, but the board has always fought back. Member Hilkert stressed the need for a mechanism
in the code whereby someone is responsible for considering change of ownership of liquor licenses. He said certain liquor licenses can be extremely detrimental to the community if they
are not controlled.
Member Mazur requested Ms. Glatthorn to ensure today’s minutes are copied to the City Commission. He realized Central Permitting staff is often in the middle between demands from the
public and pressure from the board. He said it is not always possible to meet everyone’s expectations.
Member Bickerstaffe referenced a recent a newspaper article about a new non-profit organization, and questioned staff to look into the requirements for constructing a non-profit building.
Adjournment
The meeting adjourned at 5:16 p.m.
Chair
Planning and Zoning Board
Attest:
Board Reporter