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01/22/1999PLANNING AND ZONING BOARD CITY OF CLEARWATER January 22, 1999 Present: Douglas Hilkert Chair Gerald Figurski Vice Chair (arrived 2:10 p.m.) Frank Kunnen Board Member Edward Mazur Board Member David Gildersleeve Board Member Rick Anderson Board Member Absent: Steven Chandler Board Member Also Present: Antonia Gerli Planning Manager Leslie Dougall-Sides Assistant City Attorney Mark Parry 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 Meeting - December 15, 1998 Member Gildersleeve requested sentence 2, page 5 read “... January 21, 1999.” The Chair asked if there were any other changes or additions to the minutes. Since there was none, the minutes stand approved as corrected. ITEM B - Requests for Extension, Deferred and Continued - None. ITEM C - Conditional Uses 1. ABS Properties/Second Venture Inc./Robert E. Alpaugh, TRE/Donna L. Sitton, TRE (Powderhorn Pub) to permit taverns, and bars (2 COP) at 2551 Drew St. #209, Campus Walk, Lot 2A, zoned CH (Highway Commercial). CU 99-02 The applicant requests conditional use approval to allow the sale and consumption of alcoholic beverages at 2551 Drew Street, #209. On March 17, 1998, the Planning and Zoning Board approved a conditional use for East of Java, an establishment adjacent to the subject property, to sell beer and wine. The proposed use is consistent with the intent of the Land Development Code. Two other businesses in the complex serve beer and/or wine in the subject retail complex which is surrounded by office, restaurant and other types of commercial uses. The use is not expected to adversely impact surrounding properties. Approval will not increase demands on public facilities. Staff recommends approval, subject to conditions. . Discussion ensued regarding the language in Condition #1. It was suggested “will result in this variance being null and of no effect” be changed to “may result...”. and “variance” in both instances be changed to “conditional use.” It was suggested “...(6) moths...” be changed to “...(6) months...” in Condition #5. In response to a question, Planner Mark Parry said properties within 500 feet were notified of this hearing. Assistant City Attorney Leslie Dougall-Sides said the college is within 500 feet of the shopping center’s property line but is more than 500 feet from this business. Carol Ann Zimmer, representative, said her establishment is next to another business that obtained conditional approval to sell alcoholic beverages and felt her business should be treated similarly. Member Mazur moved approval of CU 99-02, subject to conditions: 1) This Conditional Use Permit is based on the application, testimony, and documents submitted by the applicant, including maps, plans, surveys, and other documents in support of the request. Deviation from any of the documents beyond the scope expressly authorized by the Board in approval of this conditional use, may result in this conditional use being null and of no effect; 2) the applicant shall obtain an occupational license within six (6) months from the date of this public hearing; 3) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 4) there shall be no outdoor entertainment, seating or speakers; and 5) the applicant shall obtain a State of Florida Alcoholic Beverage License within six (6) months of the date of this public hearing. The motion was duly seconded. In response to concerns regarding the business’ proximity to the junior college, it was noted 2 or 3 other establishments sell beer and/or wine in the area. Upon the vote being taken, the motion carried unanimously. Arnold Brown Properties (Budget Mini-Storage) to permit construction of a 79,049 sq ft ministorage/ warehouse complex at 101 N. Myrtle Ave., W.F. Hughey’s Sub, Lots 1-6, 9-14, and part of Lots 7-8, Sarah McMullen’s Sub, part of Blk 4, zoned UC[C] 2 (Urban Center Core). CU 99-04 Planning Manager Antonia Gerli said the applicant and staff request this case be continued to the February 2, 1999, meeting. The applicant is modifying a site plan. Member Kunnen moved to continue Item CU 99-04 to February 2, 1999. The motion was duly seconded and carried unanimously. 3. R. Roy Meador, TRE/Hervey E. Shannon (Shannon’s Food Mart) to permit package sales of beer and wine (new license) at 2999 Gulf-to-Bay Blvd., Lame’s Survey, part of Tract A, zoned CG (General Commercial). CU 99-05 The applicant is requesting conditional use approval to allow package alcoholic beverage sales as an accessory use at 2999 Gulf-to-Bay Boulevard. The proposed use complies with all applicable sections of the Land development Code and is in compliance with applicable conditional use general and supplementary standards of approval, including acceptable ingress/egress from the site. Noise generated from the use shall not unreasonably diminish the use, enjoyment, or value of surrounding properties. The glare and direction of lights from both motor vehicles and illuminating fixtures on the site shall not adversely affect surrounding properties. Sufficient parking is provided and the use is consistent with the community character of the properties surrounding this use. The proposed use is not anticipated to adversely affect the property values in the area since the other properties in the area are commercial in nature or far enough removed from the site as to not be affected. The applicant has indicated there will be no types of indoor or outdoor entertainment at this site. The proposed use is compatible with surrounding properties. Residential activities are far enough removed from the site such that the proposed accessory use will not impact them. The granting of this conditional use is not anticipated to result in an increased demand on public facilities and is consistent with the Land Use Plan. Staff recommends approval, subject to conditions. In response to a question, Mr. Parry said suggested landscaping is not limited to the west side of the building, but to the fullest extent possible. Hervey Shannon, applicant, said he plans also to sell bait, tackle, and produce. In response to his questions regarding the landscaping related condition, Mr. Parry offered to meet with Mr. Shannon regarding this requirement. Mr. Shannon said the business has not currently opened but is being stocked and refurbished. Member Figurski moved approval of CU 99-05, subject to conditions: 1) This Conditional Use Permit is based on the application, testimony, and documents submitted by the applicant, including maps, plans, surveys, and other documents in support of the request. Deviation from any of the documents beyond the scope expressly authorized by the Board in approval of this conditional use may result in this conditional use being null and of no effect; 2) the sale of alcoholic beverages shall be limited to package sales with no consumption on premises; 3) there shall be no outdoor entertainment, seating or speakers; 4) the applicant shall obtain a State of Florida Alcoholic Beverage License within six (6) months of the date of this public hearing; and 5) a landscape plan which meets or exceeds the requirements of Section 42.27 of the current Land Development Code for the City of Clearwater must be submitted to and approved by staff prior to the issuance of an occupational license. Landscape plans shall incorporate areas of unpaved land located on the west and northwest side of the site and on the remainder of the site to the greatest extent possible. Landscaping to be completely installed and approved prior to issuance of an occupational license. The motion was duly seconded. Concern was expressed under the current code every food and beverage establishment in the City could come before the board requesting this same type of conditional use. It was suggested these requests be considered on a broader scale. It was remarked conditional uses may not exist under the new code. Upon the vote being taken, the motion carried unanimously. ITEM D - ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW - None. ITEM E - Chairman’s Items None. ITEM F - Director’s Items Election of 1999 Officers Discussion ensued regarding the effective date of the new code. In response to a question, the Chair said his candidacy for a Commission seat will not affect his ability to continue serving effectively as Chair. Member Gildersleeve moved to continue the election of officers unless the board reaches a consensus to do otherwise, or the board ceases to exist. The motion was duly seconded and carried unanimously. ITEM G - Board and Staff Comments Reference was made to previous board requests that staff change language in the staff report regarding recommendations. It was suggested staff’s analysis incorporate language stating staff recommendations “appear to” or “do not appear to” meet the standards of approval. Ms. Gerli suggested the language be changed to “based on the findings, staff recommends approval,” or “does not recommend approval.” Consensus was for staff to incorporate language throughout the staff analysis indicating no case is pre-determined. ITEM H - Adjournment The meeting adjourned at 2:52 p.m.