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10/06/1998PLANNING AND ZONING BOARD MEETING CITY OF CLEARWATER October 6, 1998 Present: Douglas Hilkert Chair Gerald Figurski Vice-Chair Frank Kunnen Board Member David Gildersleeve Board Member Rick Anderson Board Member Steven Chandler Board Member (arrived 2:10 p.m.) Absent: Edward Mazur Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Sandy Glatthorn Planning Administrator Teresa Mancini Planner Brenda Moses Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM A - Minutes of Previous Meetings - September 15, 1998 The Chair asked if there were any additions or changes to the minutes. Since there were none, the minutes stand approved as submitted. ITEM B - Requests for Extension, Deferred, and Continued Items 1. Raymond P. Cassano (Willow Garden U.B.O. dba Auto Services & Arc Rent-a-Car) to permit outdoor retail sales, displays and/or storage and vehicle service at 200 N. Ft. Harrison Ave., Hayden’s Estate Revised, Lot 1 and part of Lot 4 and ½ vac alley, zoned UC(C) (Urban Center Core). CU 97-66 The applicant is requesting a time extension for a conditional use approval. The board previously approved this request at its meeting on November 18, 1997, for outdoor retail displays and/or storage and vehicle service. In response to a question, Planning Administrator Sandy Glatthorn said the owner’s representative had been out of the country and the applicant has been unable to meet the required deadline and begin construction. Member Figurski moved to grant a time extension to the applicant until December 31, 1998. The motion was duly seconded and carried unanimously. ITEM C - Conditional Uses 1. Osama I. Khazendar/Akber Habib Ali/Morson Enterprises, Inc. (Nursery Amoco) to permit package sales of beer and wine (change of ownership) at 18698 U.S. 19 N., Sec 19-29-16, M&B 41.12, zoned CH (Highway Commercial). CU 98-38 The applicant is requesting conditional use approval for package sales of alcoholic beverages at 18698 U.S. 19 N. Due to change of ownership, the applicant is required to apply for conditional use approval. Staff has reviewed this project to determine its consistency, has determined the proposed use meets the standards of review, and recommends approval subject to conditions. Chair Hilkert stated his office is located within the radius of this property. The Assistant City Attorney has indicated he has no conflict in voting on this case. Member Kunnen stated he owns property within 200 feet of the subject property. In response to a question, the applicant, Akber Habib Ali, said he is agreeable with the conditions as recommended by staff. Member Kunnen moved approval of Item CU 98-38, subject to conditions: 1) the applicant shall obtain an occupational license within six months from the date of this public hearing; 2) the applicant shall obtain the requisite alcoholic beverage license within six months from the date of this public hearing; and 3) the applicant shall provide landscaping that is consistent with the existing landscape plan that was approved on June 3, 1996, prior to obtaining an occupational license. The motion was duly seconded and carried unanimously. 2. The Workbench, Inc. (Club More Warehouse & Gallery) to permit nightclubs, taverns and bars (change of license designation) at 703 Franklin St., Magnolia Park, Blk 11, part of Lots 2, 3, 8 & 9, zoned UC[C]2 (Urban Center Core). CU 98-39 The applicant is requesting conditional use approval for a 4 COP alcoholic beverage license to allow the sale of beer, wine, and liquor at 703 Franklin Street. Staff has reviewed this project to determine its consistency, has determined the proposed use meets the standards of review, and recommends approval subject to conditions. The applicant, Gordon “Flash” Williamson, stated he wishes to obtain a 4 COP alcoholic beverage license to allow the sale of beer, wine, and liquor. His current 2 COP license only allows the sale of beer and wine. In response to a question, Planner Teresa Mancini said a 4 COP alcoholic beverage license permits the sale of liquor in addition to beer and wine. In response to a question, the applicant said he was informed by staff that parking is not an issue in the downtown core. Staff concurred. Member Gildersleeve moved approval of Item CU 98-39, subject to conditions: 1) the applicant shall obtain an occupational license within six months from the date of this public hearing; 2) the applicant shall obtain the requisite alcoholic beverage license within six months from the date of this public hearing; and 3) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales. The motion was duly seconded and carried unanimously. ITEM D - Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Local Planning Agency Review 1. Minor Modification to the Clearwater Downtown Redevelopment Plan. Senior Planner Sandy Glatthorn stated staff wishes to inform the board of a minor modification that has been made to the Clearwater Downtown Redevelopment Plan. The amendment involves a change from Office use to Commercial, Office, and Residential uses on the north side of Cleveland Street between Greenwood and Missouri Avenues, and the boundaries of the CRA District to the north. Future usage includes offices and efficiencies for IMR’s world-wide staff and clients. This amendment has been approved by the CRA, City Commission, and the Pinellas Planning Council without protest. Staff requests the Planning and Zoning Board’s endorsement of the amendment. In response to a question, Ms. Glatthorn said renovations and interior modifications will be done initially, and a new structure will be built sometime in the future. ITEM E - Chairman’s Items The Chair said he received a notice for today’s public hearing six days prior to the meeting. He thanked Member Figurski for attending a meeting in his absence. ITEM F - Director’s Items Ms. Glatthorn submitted information regarding a new procedure the Planning and Development Services Department Director is implementing for adherence to administrative interpretations for nonconforming setbacks. She said the procedure will also be reviewed with the DCAB (Development Code Adjustment Board). The board endorsed the letter dated July 9, 1998, entitled “Expansion or enlargement of structures with lawful dimensional nonconformities.” ITEM G - Board and Staff Comments Discussion ensued regarding recycling paper received at meetings. It had been requested board members place paper items in designated recycling boxes. ITEM H - Adjournment The meeting adjourned at 2:25 p.m.