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03/17/1998PLANNING AND ZONING BOARD CITY OF CLEARWATER March 17, 1998 Present: Douglas Hilkert Chair Gerald Figurski Vice Chair Edward Mazur Board Member Robert D. Bickerstaffe Board Member Brenda Harris Nixon Board Member Frank Kunnen Board Member Rick Anderson Board Member Leslie Dougall-Sides Assistant City Attorney Sandy Glatthorn Planning Manager Steve Doherty Zoning Supervisor Gwen Legters Board Reporter The meeting was called to order at 2:00 p.m. in City Hall, followed by the Invocation, Pledge of Allegiance, 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 – March 3, 1998 The minutes were unanimously approved as corrected by the board. C. Conditional Uses C1. Air Distributors, Inc./George M. & Ava Konstantindis/Lisa A. Cappello to permit outdoor retail sales, displays and/or storage at 1139 Eldridge St., New Country Club Addition, part of Blk D, zoned IL (Limited Industrial). CU 98-11 The applicant did not attend and was not represented. Continuance to April 7, 1998, was unanimously approved. C2. National Operating L.P./Jean F. Shelling, TRE/University High Equity Real Estate Fund-11 (Shell Oil) to permit outdoor retail sales, displays and/or storage at 26998 US 19, Sec 30-28-16, M&B’s 31.03 & 31.04, zoned CC (Commercial Center). CU 98-12 Mr. Doherty presented background information, listing staff’s recommendations for meeting code as part of the staff report. The applicant is seeking conditional use approval for outdoor retail sales and display of motor oil, snack and beverage items due to inadequate space for indoor display. As the request appears to be compatible with commercial uses in the area, staff recommended approval with one condition. Questions were raised and discussion ensued regarding how the Shell Oil request relates to recent outdoor display approval for the Lowe’s site, of which this property is an outparcel. Howard Felchlin, the business owner, said the store has existed as a small drive-through operation for 30 years. He displayed photographs showing the existing snack and candy display racks under the store’s canopy, and the motor oil display rack between gas pumps. He noted the display racks can hardly be seen from a short distance. Opposition was expressed by an adjacent commercial property representative who said the little store is an eyesore. Concerns were expressed expanding the outdoor snack displays will be detrimental to future plans for a Class A office building in Plymouth Plaza next door. No other support or opposition was expressed. Staff indicated the applicant is requesting approval of the existing display. As the outdoor display area will be limited to 20 square feet, it cannot expand beyond what currently exists. Mr. Felchlin said he keeps the area clean, paints and maintains his store and has never received complaints regarding its appearance. Member Kunnen moved to approve Item C2, CU 9812, as requested, subject to the following conditions: 1) The outdoor display racks shall be limited to the areas depicted on the plan and the maximum coverage area shall not to exceed 20 square feet. The motion was duly seconded and carried unanimously. C3. ABS Properties/Nettie Fischler/Eugene E. Sitton/Robert E. Alpaugh, TRE to permit restaurants, nightclubs, taverns and bars occupying more than 15% of gross floor area of a shopping center (new license) at 2551 Drew St., Campus Walk Sub, Lot 2-A, zoned CH (Highway Commercial). CU 98-13 Mr. Doherty presented background information, listing staff’s recommendations for meeting code as part of the staff report. The applicant is seeking conditional use approval to serve beer and wine in an existing coffee shop. It was indicated an additional occupational license must be obtained within six months to enable tavern operation. As the request appears to be compatible with surrounding uses, staff recommended approval with three conditions. Nettie Fischler, Applicant, said she has operated the coffee and dessert bar for three years. She wishes to add fine wines and a small beer selection for a more upscale adult atmosphere. She expressed concern with a suggested condition restricting outdoor seating, as the plaza owner has approved two or three tables outside for patrons’ evening enjoyment. No amplification will occur outside, but Ms. Fischler did not want to be prohibited from outdoor service if it may be allowed. In response to questions, Mr. Doherty said an outdoor seating area is acceptable as long as it does not exceed 25% of the inside floor area, is defined by a fence or railing, and maintains adequate pedestrian sidewalk access. It was indicated the subject location is in the center of the Campus Walk shopping center, approximately 700 feet from a junior college. Discussion ensued regarding other alcoholic beverage uses in the mixed occupancy shopping center. One letter of objection cited concerns with an alcoholic beverage establishment near the St. Petersburg Junior College campus. Cheryl Pretsi, Property Manager representing the owner, supported the applicant’s request as long as code is met and portable stanchions are provided to avoid blocking pedestrian and vehicular traffic. She noted two adjacent restaurants have 4COP SRX licenses while the applicant’s proposal is for a 2COP license. Member Bickerstaffe moved to approve Item C3, CU 9813, as requested, subject to conditions: 1) The sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 2) Outdoor entertainment, seating, and speakers shall be allowed in an area not to exceed 25% of the indoor floor space if a buffer is provided to keep the sidewalk open and available to pedestrians; and 3) The applicant shall obtain a State of Florida Alcoholic Beverage License within 6 months of the date of this public hearing. There was no second. One member felt outdoor restaurant seating was not appropriate during the adjacent professional offices’ daytime hours of operation. One member felt the conditions of approval should specify the alcoholic beverage use and the outdoor hours of operation being approved. Member Mazur moved to approve Item C3, CU 9813, as requested, subject to the following conditions: 1) The sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 2) There shall be no outdoor entertainment or speakers; and 3) The applicant shall obtain a State of Florida Alcoholic Beverage License within 6 months of the date of this public hearing. The motion was duly seconded and carried unanimously. Board and Staff Comments Ms. Glatthorn said a special meeting with the City Manager is being arranged. Staff will contact board members to determine their availability. Adjournment The meeting adjourned at 2:44 p.m.