05/06/1997PLANNING AND ZONING BOARD
CITY OF CLEARWATER
May 6, 1997
Present:
Edward Mazur
Brenda Harris Nixon
Kemper Merriam
Robert D. Bickerstaffe
Frank Kunnen
Douglas Hilkert
Chair
Vice Chair
Board Memberx
Board Member
Board Member
Board Member
Scott Shuford
Leslie Dougall-Sides
Gwen Legters
Central Permitting Director
Assistant City Attorney
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 15, 1997
Member Bickerstaffe moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously.
B. Requests for Extension, Deferred and Continued Items
B1. (Cont. from 4/15/97) 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
Allan Stowell requested a 30-day continuance, indicating this application may be withdrawn. In a separate issue, he expressed concern with staff’s suggested condition to bring existing
signage on the property into compliance. He said the condition was unfair because the signage issue was under litigation and he has not been cited with a code violation. Discussion
ensued regarding the issue. Mr. Shuford indicated the purpose of the condition was for the applicant and other parties to be aware of signage requirements under the current code. He
agreed this information could have been written into the body of the staff report instead of recommended as a condition of approval. It was indicated readvertising will not be needed
in order to move this item to the first meeting in June.
Member Bickerstaffe moved to continue Item B1, CU 97-22, to the meeting of June 3, 1997. The motion was duly seconded and carried unanimously.
C. Conditional Uses
C1. SCBS Ltd./Sorin Realty Corp./Kmart Corp. (Builders Square) to permit outdoor retail sales, displays, and/or storage (expansion) at 2495 Gulf to Blvd., Sec 18-29-16. M&B’s 42.01
and 42.09, zoned CG (General Commercial) & RM 8 (Multi Family Residential). CU 97-14
Mr. Shuford presented background information and written staff recommendations, stating the applicant is seeking approval to allow storage of lumber, mulch and other similar items outside
an existing Builders Square store, located in a dual zoning district. The request was made to comply with a code enforcement action. The items are currently being stored on the south
side of the building in an RM 8 zoning district, where such activity is not allowed. Staff supported the request and recommended approval on the CG portion of the site, as there should
be no negative impact on surrounding properties.
Brian Mullins, assistant store manager for Builders Square, addressed the board. It was indicated an affidavit authorizing Mr. Mullins to represent the applicant is needed for the
files. Mr. Mullins agreed to obtain and file the necessary form. He said the applicant needs more storage space. He has been working with Central Permitting staff to determine the
exact location of the line dividing the commercial from the residential zones. Discussion ensued regarding the location of the proposed storage area on the site plan. In response to
a question, Mr. Mullins stated he understood, if approved, the outdoor storage must be kept within the area marked on the plan. Mr. Shuford suggested screening material along the zoning
boundary to ensure the outdoor display area does not encroach into the residential district. Concerns were expressed such a barrier could restrict service vehicle access to the compactor
area. It was felt painting the boundary line on the pavement and limiting storage to the area within the painted line would be sufficient.
No verbal or written support or opposition was expressed.
Member Hilkert moved to approve Item C1, CU 97-14, subject to the following conditions: 1) The approved outdoor display area shall be limited to the approved CG zoned area indicated
on the plan and this area shall be designated, by painting on the pavement, which area is in the CG zone; and 2) the applicant shall submit the appropriate paperwork indicating Brian
Mullins is an authorized representative. The motion was duly seconded and carried unanimously.
C2. Skipper’s Oil Co. Inc./Sonny Inc. of Clearwater (Skipper’s Mini Mart) to permit package sales of beer and wine (new license) at 1310 Cleveland St., Brookwood Terrace Revised, Blk
2, Lots 30-33, zoned CG (General Commercial). CU 97-24
Mr. Shuford presented background information and written staff recommendations, stating the applicant wishes to expand the existing retail operation to include beer and wine sales.
He detailed conditions on the subject and surrounding properties, stating the proposal appears to be adequately buffered so as not to create a conflict with other existing uses. No
adverse comments were received from the Police Department. Staff recommended approval with two conditions.
Jitendra Patel, the applicant, stated he wishes to increase his sales. No verbal or written support or opposition was expressed.
One member reiterated a long-standing objection to allowing alcoholic beverage sales where gasoline is sold.
Member Merriam moved to approve Item C2, CU 97-24, 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; and 2) The sale of alcoholic beverages shall be limited to package sales of beer and wine only; no on premises consumption of alcoholic
beverages shall be allowed. Members Nixon, Merriam, Bickerstaffe, Baron, Kunnen and Hilkert voted "Aye"; Member Mazur voted "Nay." Motion carried.
Board and Staff Comments
Mr. Shuford referred to an April 25 letter from Dr. Gilbert Jannelli. Dr. Jannelli expressed concern that construction of the CHIPS homeless shelter is proceeding without the applicant
having obtained enough land to build a sidewalk required as a Planning and Zoning Board condition of approval. Mr. Shuford said Central Permitting staff is in frequent contact with
the applicants and fully expects them to meet all conditions. He noted there is no specific time within the construction process when the condition must be met. As no date was established
for meeting the condition, and pedestrian access will not become an issue until the facility opens, he felt it was appropriate to coordinate compliance with obtaining the certificate
of occupancy. He said Police Chief Sid Klein has indicated a CHIPS executive director, to be hired within 30 days, will meet with surrounding property owners, consistent with the Planning
and Zoning Board’s condition to advise and update the neighborhood on the project. The new director will work with surrounding property owners on the location of the sidewalk.
Lengthy discussion ensued regarding the appropriate timing for meeting conditions of approval. One member asserted all conditions must be met in every case before any construction
begins. One member felt conditions of approval should be met before the certificate of occupancy is issued. One member noted there had been no opportunity on the site plan for meeting
the sidewalk condition, and felt it likely the applicant would come back to request an extension of the nine month time period allowed for obtaining the occupational license and certificate
of occupancy.
Discussion ensued regarding whether the board should specify the time frame for meeting the conditions as a standard condition, unless otherwise indicated. Ms. Dougall-Sides affirmed
such action would relieve the need for staff interpretation of the board’s intentions. In response to a question, she clarified action in the CHIPS case was stayed pending the result
of an appeal, for which a decision was recently issued in the applicant’s favor. She said the compliance period is interpreted to begin after issuance of the Hearing Officer’s final
order.
Mr. Shuford said the Land Development Code revision is unusual and innovative, it has taken longer than had been anticipated review of the document. Staff is working with the Legal
Department to establish formats to meet the intent of the code sections and ensure legal sufficiency. He expected Receipt and Referral by the City Commission in late July, after which
the amendment will come before the board.
Mr. Shuford reported an Engineering Department presentation and update regarding the Memorial Causeway Bridge will be agendaed for the next Planning and Zoning Board meeting.
Mr. Shuford reported the Planet Bubba establishment was allowed to open under the Jamz & Java permit. He explained, even though Jamz & Java was no longer in business, their 9 month
trial period had not expired, and a loophole in the code would allow another similar business to open in their place. From an objective standpoint, he said both establishments were
categorized as theme nightclubs with entertainment and alcoholic beverage sales, that could not operate as restaurants because they could not meet the 51 food sales requirement. The
Jamz & Java trial period review will be agendaed for the Planning and Zoning Board meeting of May 20. The appeal of Planet Bubba’s denial will be heard in a special meeting of the City
Commission on May 14. Mr. Shuford said, if the City Commission overturns the board’s denial, the nine month trial period review is not likely to come forward on May 20. Mr. Shuford
and Ms. Dougall-Sides responded to lengthy questioning regarding this complicated issue.
Board members offered suggestions regarding: 1) the need to clarify the code with respect to conditional use expiration, or revocation when an establishment closes; 2) imposing time
limits for compliance with conditions of approval; and 3) listing in the staff report code compliance issues for which the board has no jurisdiction, instead of recommending them as
conditions of approval. Mr. Shuford agreed the suggestions had merit and staff would investigate.
Adjournment
The meeting adjourned at 3:22 p.m.
Chair
Planning and Zoning Board
Attest:
Board Reporter