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11/29/1988 (2) " ''; P&Z PLANNING &. ZONING BOARD DATE I J 1J.-1 Jr, I 7 ::{f/.fM1U!... I f 7 ( ., '~ .....-----........... . ITEM ACTION /"'" ~ AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, NOVEMBER 29, 1988 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION A. Approval of minutes of November 15, 1988 CONDITIONAL USES: ALL TESTINONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below: t '\".,~ . 1. The Chairman reads from the Public. Hearing Notice each item as it is presented. 2. The Planning Director advises the Eoard of any pertinent background information. 3. The applicant or his representative presents his c.ase. 4. Persons who support the application speak. 5. The Planning Director presents any supporting written documents. 6. Persons who support the application speak. 7. The Planning Director presents any opposing written documents. 8. Persons supporting the application (other than applicant) may speak in rebuttal. 9. Persons opposing may speak in rebuttal. 10. The applicant has an opportunity for final rebuttal. ll~ The Board makes a decision. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. Conditional Uses: 1. (CONTINUED FROM 11/15/88) Lot 14, Blk. 16, Milton Park (724 Tuskawilla) Edward & James t\Thite VFW Post l0304/Archie Marks ell 88-96 Request - ll-C (On Premise Consumption of Alcoholic Beverages) Zoned - p/SP (Public/Semi-Public) r ~" P & Z Agenda 1 11/29/88 . f. .. .', , '. '. : . , . . . . . . ',.. _ . . . , '. ' , ' , . ~ _ , j' '/ 't.;.:. 2. Part Lots 1 and 4, Lot 2, Blk. C, Island Estates, Unit 5 (20 Island \vay) Twenty Island Y1ay, Inc. (The Flagship Restaurant)/Danlel Simmons Cll 88-107 rlif~., << .' Request - 4-COL>-SRX (On Premise Consamption of Alcoholic Bever-ages) Zoned - CG (General Commercial) 3. Lots 7 tilrough 13 and 15 through 20, Blk. B. Bayside Sub. #5 (678 Gulfview Boulevard South) E & G Investors, Inc., Gregory Politis and Elias Anastasopoulos (Walgreen Co.)( Mudano Assoc. Cll 88-108 Request - 3-P8 (Package Sales of Alco~olic Beverages) Zoned - CB (Beach Commercial) 6... Eo"""", "l:.... ' 4. Lots 7 through 11, J. B. Roberts Sub. AND Portion of Porn's Park Sub. lying south of Pinellas Street plus vacated right of way of Hamlet Avenue and part of vacated right-of-way of Tuskawilla Street . (509 1(2 Pinellas Street) Morritt Homes, Inc. (Mighty Kleen Cars)/Lee Arnold Mgmt. Services Cll 88-109 Request - Vehicle Service (Auto Detailing Zoned - IL (Limited Industrial) 5. Part Lot 1, Lots 2, 3, 4, 24 & 25, Blk. B) Bayside Sub. No. 5 (630 Gulfview Boulevard South) Elias Anastasopoulos (Jo-Go Amusement Center) Cll 88-110 Request - Outdoor Commercial Recreation/Entertainment Zoned - CB (Beach Commercial) c" P & Z Agenda 2 11/29/88 Request - Annexation and Zoning, RS-6 (Single Family Residential "Six" ) .", , 1f"I""'" r. ' '..(. ANNEXATION, ZONING, LAND USE PLAN AHENDKENTS, AND LOCAL PLANNING AGENCY REVIEW: (1) Statement of case by applicant - 5 minutes (2) Presentation by staff - 5 Ddnutes (3) Comments from public in support/opposition: individual - 3 minutes ' spokesperson for group - 10 minutes (4) Public Hearings are closed (5) Discussion/Action by Board c. Annexation and Zoning: 1. Lot 3, BIk. D, Oak Acres Add. Sub. (Located on the north side of Lakeview Road, east of Duncan Avenue) (Pappas) A 88-35 ~" .' " 'be D. Annexation, Zoning, Land Use Plan Amendment, and Local Planning Agency :Review Land Use FROM: P1an: Commercial/Tourist Facilities Industrial 1. M&B 13.15, Sec. 12-29S-l5E (Located at the northeast corner of the intersection of Hercules Avenue and Palmetto Street) (DEM Partnership) A 88-34 LUP 88-25 Request - Annexation and Zoning, IL (Limited Industrial) TO: (: P & Z Agenda 3 11/29/88 ,,' '. . '. ,J". . ',:', ,1 " . .' ' "', . . ' ':/ '. ',' I #' , ~ " .' . . i', " ~i' , . ,/".... ~,., 2. Lot 1) Blk. 3, Acker's Sub. (Located at the northeast corner of the intersection of Charles Avenue and Daniel Street) (Maher/Vogel) A 88-36 LUP 88-26 r'>. \. Request - Annexation and Zoning, OL (Limited Office) Land Use Plan: FROM: Low Density Residential TO: Residential/Office E. Chairman's Items F. Director's Items G. Board and Staff Comments [' ~" " ~.". i '-.... P & Z Agenda 4 11/29/88 . .:', , , ',' , . ' , R ," ',. " . '. '. . , , ' , . , .:. I...' ':. . . MINUTES PLANNING & ZONING BOARD TUESDAY) NOVEMBER 29, 1988 - 1:30 PM (1;':"1'.. '. ~embers Present: Chairman Johnson, Ms. Nixon, Messrs. Hamilton, Hogan, and Sc.bwob Also present: M. A. Galbraith) Jr., City Attorney ~embers Absent: Messrs. Ferrell and Grecn A.. l>1otion was made by Mr. Hogan, sec.onded by Mr. Hamilton, to continue approval of the minutes of the NO\Tember 15, 1988 meeting to the meeting Df December 13) 1988. Motion carried unanimously (5 to 0). Cllai rman Johns on out Ii ned the pJ:."ocedures fa r condit ional llSGS and advised that anyone adversely af fected by a decision of the Planning and Zoning Boa rd) with J:."egard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appe.aling a dee is ion of this Board to ha ve a reco rd of the proceedings to support the appeal. ITEMS AR] LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER.. B. Conditio~L Uses: 1. (CON1rNUED FROM 11/15/88) Lot 14, Blk. 16, Milton Park (724- Tuskawilla) Ed"Ward & James ~.J"h ite VFW Pas t 10304/ Archie Marks ell 88-96 (" '. .. > 'Me,:' Req~est - ll-C (On Premise Consumption of Alcoholic Beverages) Zoned p/sp (Public/Semi-Public) ;, l1s - llarvey advised a s follows: This is a reques t for on premise consumption of alcoholic bever.ages in the Public/Semi-Public zoning district; the specific State license being applied for is a new ll-C license which is issued to frat ernal ot"ganiza tions; the governing see tions of the Land Development Code are See tions 136.024 and 136.025 (b); the Traf fic Engineer expressed conc.ern regarding the amount of park.ing on site as it would relate to the estab~ishment if it were considered to be a bar; parking requirements have been met in regard to this use) the site plan has been approved and certified) and applicant has obtained its Certificate of Occupancy; and) the Police Department, in its initial comments, saw no reason to deny license to applicant. Ms. Harvey stated no variance to separation distance will be reqllired. ,." , " , 11s - Harvey .ad vised a let ter of object ion f rom the Church of God on Myrtle Avenue and a let tel. of objection. from Ms. Irma Ezelle were received at the meet lng on November 15, 1988. Ms. Harvey stated this request was continued frolll the November 15, 1988 meeting in order for staff to obtain further information froD! the Police Department regarding activities at the subject location. She stated the Police Department reviewed their records and provided in:fol'mation to staff) and the Police Department summarized that the VFW is P & Z MINUn:S 1 11/29/88 No persons appeared to speak in support of or in opposition to the above reques t. ,t ~ (:", . . >. \ located closely to two residences. She also stated the Police Department suggested a privacy fence be installed on the VF\~'s property. She further stated the Police Department found that a 11 calls made to the depa rtment voicing concerns occurred in 1986 and 1987, which is prIor to the use of the property by the VFW. She added the Po lice Department advised 00 calls were received by in 1988 and no written complaInts were filed regarding the property. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the alcoholic beverage license be obtained within 6 months. Kr. Archi.e Marks, Commander of VFW Post l0304t appellred to ans,,,er the Board's questions. After questioning by Board members, Mr. Mades advised as follows: The VFW has been in operation at the subject location for approximately six months; it is unknown who occupied the prope rty prevlous ly; he felt if there were complaints about the VFW the Police should issue a citation; there are approximately 180 members, 12 to 15 of whom are active members and if there is a pa rty there may be more people; the VFW wi 11 make sure that people wlll not loiter and that the parking lot is cleared of people and vehicles after the club is closed; and, the membership consists mostly of World War II veterans. ff'-':'. ~'. ' " '.. ..'J,. ~.... Mr. Hamilton felt the property was very well maintained but expressed concern about the close proximity of neighbors. He feltt though a fence is not required to be installed, the club should consider installing a fence. Mr. lIamilton felt the installation of a fence should not be a condition of approval. He fel t it was worthy to note that there haven't been complaints sInce the club opened and suggested that possibly the complaints were about another group of people. Ms. Nixon expressed concern regarding compatibility and stated she is not in favor of the request. 11r. Schwob felt the older members11ip of the club would made a good neighbor. Mr.. Hogan felt there should be no problems as long as members leave the parking lot when the club is closed. Motion was made by Mr. Schwobt seconded by Mr. Hogan, to approve the above request subject to the following: 1) That the alcoholic beverage license be obtained within 6 months. Motion carried (4 to 1) with Ms. Nixon voting "nay." 2. Part Lots land 4t Lot 2t Blk. C, Island Estatest Unit 5 (20 Island ~~ay) Twenty Island Way, Inc. (The Flagship Restaurant)/Daniel Simmons CU 88-107 Request Zoned 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) CG (General Commercial) Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the General Commercial zoning district; the specific /, request is for a change of business ownershipt which actually occurred a \. ".,,_.:' couple of years ago, of an exis ting 4-COP-SRX St ate 1 icense; the governing P Ii Z MINUTES 2 11/29/88 3. Lots 7 through 13 and 15 through 20, Blk. B. Bayslde Sub. 115 (678 Gulfview Boulevard South) E & G Investors, Inc., Gregory Politis and Eli.as Anastasopoulos (Walgreen Co.)/ Mudano Assoc. CD 88-108 f"' . ( \:" sections of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no comment; and, the Police Department saw no reason to deny license to applicant. Ms. Harvey stated no variances to separation distance are required. She also stated that, after filing the application, the restaurant was destroyed by fire. Ms. Harvey stated she hoped the restaurant would be in operation very soon as it is a much needed facility. Ms. Harvey advised staff recommended approval of the above request. Atty. Timothy A. Johnson, Jr., representat ive of applicant, stated Twenty Island Way, Inc. is seeking technical approval of the change of business ownership which occurred In 1986. He stated that, through an oversight, the subject request has not been before this Board for approval. After questioning by Mr. Schwob, Mr. Johnson advi.sed as follows: It is anticipated the exterior will essentially be the same but the interi.or will be different; and, there has been no problem complying with the 51% food sales requirement. ~'i \,' "l<,. , After questioning by Mr. Hogan, Ms. Harvey advised as follows: This particular reques t happened at a time when the neH' Land Development Code was being instituted; Occupational Licenses was previolls ly paLt of another department but now that Occupa tional Licenses is part of Plann:lng :-1nd Development and part of the review process, mOLe of this type of request should be discovered; another pLoblem that occurs with change of bus iness ownership Is that the State does not require zoning approval; and) the State has been notified that Clearwater requires zoning approval of a change of business ownership and applicants are required to come before this Board for review. She added that the City is not involved in the State's review process on Lequests for approval of a change of ownership. She also added that Occupational Licenses are issued one time a yeaL and the license can continue to be operated under by the new owner until the completion of that one year. She advised that a new business owner may be in operation several months before it Is discovered as notices are sent out one time a year. She also advised that City manpower does not give staff the ability to do daily or weekly checks on incoming businesses and it is only the once-a-year notice of Occupational License that allows the City to discover changes in business ownership. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, seconded by Mr. Schwab, to approve the above request. Motton carried unani,mol.ls1y (5 to 0). Request - 3-PS (Package Sales of Alcoholic Beverages) Zoned - CB (Beach Commercial) Ms. Harvey advised as follows: This is a request for package sales of a lcoholic beverages in the Beach Commercial zoning district; the specific request is fo~ a new 3-PS State license; the governing sections of the Land Development Code are Sections 136.024 and l36.025(b); applicant is seeking conditional llse approval of package sales out of a new Walgreen '8 Drug Store / pr.oposed to be located on south Clearwater Beach; the site is being Ii, "~."",' redeveloped into a drug store, a continuation of the time share development, P & Z MINUTES 3 11/29/88 " . ., ,,' ',~. ~ .,.. I., '. . ., . . " . . ., . t '.' ' ~. . ,. , . ' . , '. . ." ". [., and retail shops; the site plan has been reviewed by the City Commission and forwarded to stafE for final approval; the Traffic Engineer had no objection; and, the Police Department saw no reason to deny license to applicant. Ms. Harvey stated no variances to the separation distance are required. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the Building permit be obtained in accordance with the time limitations imposed on the site plan. After quest ioning by Ms. Nixon, Ms. Harvey stated no varLance to separation distance is required because of the type of license requested and the manner in which the site is configured. Mr. John P. Ehrig, representative of applicant, stated no variances are required. He felt that applicant is in compliance with the Code. No persons appeared in support of or in opposition to the above request. Ms. Harvey stated one notice of support was received from DOLrice Tipton, 675 South Gulfview Boulevard. Motion was made by Mr. Schwob, seconded by Mr. Hami.lton, to approve the above request subject to the following: 1) That the Building permit be obtained in accordance with the time limitations imposed on the site plan. Motion carried unanimously (5 to 0). 4. Lots 7 through 11, .J. B. Roberts Sub. AND Portion of Porn's Park Sub. lying south of Pinellas Street plus vacated right of way of Hamlet Avenue and part of vacated right-of-way of Tuskawilla Street (509 1/2 Pinellas Street) Morritt Homes) Inc. (Migh~y Kleen Cars)/Lee Arnold Mgmt. Services CU 88-109 , > ~ , ~ ~ ~ , . j Request - Vehicle Service (Auto Detailing) Zoned - IL (Limited Industrial) Ms. Harvey advised as follows: This is a request for veh.icle service in the Limited Industrial zOLling district; the governing sections of the Land Development Code are Sections l36.oi5(b) and (c)(27); the request is for establishing an automobile detailing business; and, the Traffic Engineer had no object ion if adequat e pa rking is provided. Ms. Harvey stated applicant indicated on the drawing that adequate parking as requi red by Code is available to acconlmodate the subject use. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the Occupational License be procured within 6 months; and, 2) That there be no vehicle repair at the subject location. Hr. Bruce Ke1s1erJ representative of applicant~ stated only auto detailing is performed by the applican t. After questioning by Board members, Mr. Reisle r advised as follows: Automobile detailing includes cleaning the exterior; automobile detailing includes cleaning and vacuuming the interior; an older looking vehicle is ~de to look as new as possible; the only painting that is done is touching up nicks and is done within the building; there is no body work done; the engines are steamed cleaned; andJ neither tire changing nor repair is done on site. / t No persons appeared in support of or in opposition to the above request. P & Z MINUTES 4 11/29/88 .'.'. " ' . . . . .' :" '. ' " ", . . ' . ~ J .' ',' ' . .,'; . ~, . , ' " ('" , ".. , ~~ ~ ,. '...' . , . .. . Mot ion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the Occupational License be procured within 6 months; and, 2) That there be no vehicle repair at the subject location. Motion carried unanimously (5 to 0). 5. Part Lot 1, Lots 2, 3,4, 24 ~ 25, Blk. B, Bayside Sub. No.5 (630 Gulfview Boulevard South) Elias Anastasopou10s (Jo-Go A.rnusernent Center) CU 88-110 Request - Outdoor Commercial Recreation/EntertaInment Zoned - CB (Beach Commercial) Ms. Harvey advised as follows: This is a request for the expansion of an outdoor commercial recreation area on south Clearwater Beach in the Beach Commercial zoning dis t rict; the governing sect ions of the Land Development Code are Sections 136.025(b) and (c)(ZI)j this request includes a request to eliminate a condition of approval of Octob€L 18, 1988, which condition imposed a closlng time of 11.:30 PM; and, the Traffic Engi.neer, 1.n reviewing the subject request, had no comment. '~'i"':' -'.!h:,:r, :.' .........;, llw:'. Ms. Harvey also advised as follows: On October 18, 1988, this Board approved a conditional use to allow improvement and expansion of an eKisting miniature golf operation; approval was conditioned for a portion identified as Phase I and the conditions of approval of Phase I included no consumption of alcoholic beverages on the premises, no external speakers, lights off at 11:30 PM, and all lighting be directed to minimize any glare beyond the property lines; at the October 18 meeting, applicant indicated to the Board that the conditions of approval posed no problem; and, following the meeting, applicant contacted staff t11at he had two concerns, one being the limitation on the hours of ope rat ion to the extent tha t without any improvements to the property he is permitted to operate later than 11:30 PM and one being the economics oE the project indicate he will not be able to cover his initial costs for the project without being able to go forward with the additional 18 holes of golf. Ms. Harvey further advised as follows: Staff explained to applicant the only adjustments that could be made to the previous approval is to file another application in the form of an amendment and come before this Board; regardless of the act ion on the sub ject reques t 7 Phase I is approved wi th the stated conditions unless this Board decided to amend the condition of approval of October 18, 1988 regarding limitation of hours; the application specifically requests a change in the hours of operation to have the last guest enter the property at 11 :59 PM; applicant is also proposing to amend the development plan to build a parking structure that is less than what was first planned; the first application proposed a two-level structure over the parking lot and the top level would contain the additional 18 holes of go If; and, this application proposes one level over the parking lot with the 18 holes of golf on the top level. Ms. Harvey stated staff recommended approval on the first application, tvhich application was llIore eKtensive than the subject application. She also stated the lessening of the development or the impact should allay some concerns expressed at the previous meeting. Ms. Harvey further stated this Board approved Phase I only with the intent to give the applicant an opportunity exhibit his ability to operate this facility in accordance with the conditions of approva~ imposed and to display to those in opposition that there would not be problems at the facility. P & Z MINUTES 5 11/29/88 Mr. Cline stated as follows: Miniature golf is a family activity and is a good out let for touris ts wi th families; there are no family-orien ted, recreation facilities, with the exception of the subject facility, on Clearwater Beach; the request is consistent with the beach zoning and land use; there will be virtually no traffic impact; all required parking has been provided; noise and lights will not be a problem; the present owner has never received complaints about his business; and, the criteria of the Code has been met. Mr. Cline felt there would only be a positive impact on the area; the presence of adults at the facility will help keep rowdiness to a minimum; and, there would be no decrease in property values. After questioning by Mr. Hogan, Ms. Harvey stated it is her understanding the parking lot will have a deck with the 18 holes of golf on the deck. r" , After questioning by Ms. Nixon, Ms. Harvey stated if any chan,ge~3 are made to a conditional use approval it must be done by this Board and a conditional use is not based on economic hardship. She added that most times, with conditional use requests, economics are essential and are often the only reason an applicant comes before this Board. Ms. Harvey stated one notice of support was received from Dorrice 7ipton~ 675 South Gulfview Boulevard. Ms. Ha rvey s ta ted a pet it ion, with 46 s ignatu re S 0 fInd i vi duals residitlg on Clearwater Beach, had been presented in opposition to the subject request. Atty. Ilarry Cline, representative of applicant, advised as follows: The proper ty is zoned Beach Commercial and is a relat i ve ly la rge piece of land; the property is adjacent to commercial facilities on the east, motel/hotels and restaurants to the south, motels and apartments/condominiums on the north, and a gas station/ convenience s tore opera t.ion to the wes t; the present and past use of the property is miniature golf; this request is to alloW' e>cpanded outdoor recreation, specifically an addit lonal 18 holes of miniature golf; upon review, applicant determined it was necessa ry to know at this time for economic reasons and due to development costs whether the second phase can be developed; and, previously there was concern regarding two levels of parking, but no"W parki.ng is proposed only on ground level with 18 holes of miniature golf on the deck above the parking. f f \~.I<" Hr. Cline pointed out on the site plan submitted with the application the height of the project as it was requested on October 18, the height of the project as it was approved on October 18, and the height of the project as it is currently proposed. He advised the proposed plan will have reduced parking and reduced height. He also advised the proposed plan does not require any variances for parking. Mr. Cline stated the current operation is too small and too outdated. ( '-" After questioning by Board members, Mr. Bill Walters, architect for applicant, advised as follows: The structural deck is 10 feet and the other 10 feet in height is to create contour and use fot" landscaping; the previous plan contained ground level parking plus one additional level of parking plus one level of miniature golf; and, the current plan contains grouQd level parking plus one level of miniature golf. Hr. Walters also explained the topography and height of the structures. After further questioning by Mr-. Schwab, Mr. C I i n e a d vis e d a p pI i can t s tat e d c us tome r s are 0 nth ego 1 f co U r s e for P & Z MINUTES 6 11/29/88 In support of the above request) the following persons appeared to gLve their comment s: (;" approximately one hour and appl icant' s demand is usua lly unt 1.1 a round lL :00 PM. Mr. Cline requested a condition of approval state that last ticket sales be at 11 :00 or 11 :30 P~l or that lights be turned off at 12: 00 midnight or 12:30 AM. He added the present 11 :30 PM lights off restrictions requLres that the last tickets be sold at 10:30 PM. Mr. Michel Hamel, owner of property at 620 Bayway Boulevard~ stated he supports the project because Clearwater Beach currently has no entertainment. He stated this causes a problem trying to get tourists to the beach. He added there is no recreation for the family and the project is a good project for a family-oriented beach. Ms. Ann Garris~ 38 Acacia, felt the miniature golf course could not generate any more noise than what is generated by traffic on Bayway Boulevard. She also felt that out of self-preservation the applicant would not allow teenagers to congregate at the facility. She felt the project was exciting for the area and a long-needed project. She stated the beach needs something diE ferent- She s ta ted the beaeh does not need another lounge. After questioning by Nr. Schwob, Ms. Garrls stated she felt, since she lived on north Clearwater Beach, she was not in a posi tion to answe r whether allowing the I ights to remain on until 12:30 AH would out of keeping with other activities in the area. .1:'< ,,~~>~, Mr. Gion.is, 61 Kidway Island, stated he has been a resident businessman on Clearwater Beach for a number of years and he felt the project would improve the inage of Clearwater Beach. He felt the family-oriented facility will give people on Clearwater Beach something to enjoy. Mr. Greg Po1it:is, 678 Gulfview Boulevard) stated he owns a resort a few hundred feet distant from the subject facility. He stated the tourists go to the beach during the day bu t they have nothing to go to in the evening. He stated the subject property needs updated. He advised other beach citieg have similar projects and felt the project was a necess ity for Clearwater Beac11. Mr. Dean Anderson., 1755 Sbaronda1e~ felt the beach does need more family enter ta inment. He comment ed tha t family time is ma illly du ring the summe rand during the summer it doesn't get dark. until 9:00 PN. He stated many people are visiting the beach untIl sunset and 11:00 PM durin.g the summer is not considered late. He felt there was a need for activities for the family un.til midnigh.t. In oppos ition to the above reques t, the following persons appea red to give their comments: " Ms. Janet Nassif, Continental Towers, 675 South Gulfvi.ew Boulevard, stated residents spoke in opposition to the pro ject on October 18 and she felt an equitable solution was reached. She felt the applicant knew the economics of the situation. She stated the hours of operation of the project were discussed very carefully at the previous meeting and the applicant felt the hours of operation were acceptable. She stated nothing has been said about the video games proposed for the project and she felt video games were a classic gathering place for teenagers. She felt it would be older crowds at the facility after 10:30 PM. She stated the one letter of support that was received was from a former owner. She stated, though there are no alcoholic P & Z MINUTES 7 11/29/88 ...- t '\" . In rebuttal, Mr. Cline stated there are restaurants and hotels in the area and there is a lot of activity going in the neighborhood at a later hour. He felt the hours of operation requested are not unreasonable. He stated since the Police substati.on is across the street there will not be a lot of rowdiness. He stated applicant meets cri.teria of the Code. He stated applicant is focusing on the family/tourist trade entertainment which doesn't currently exist. He stated the subject property is commercial beach property and Beach Commerci.al zoning. .f'.....~. , t beverages on the subject property, alcoholi c beverages 11 re a va i lab Ie at the Pick Kwik adjacent to the subject property and Walgr.een's just had package sales approved. She reques ted the Boa rd give ca re ful COilS ide ra t lon to the sub jec t reques t. She stated the res iden ts a Is 0 pay taxes. She fe It eve ryone should work together and felt Phase I should be sufficient. Ks. Ann Unger, 640 Bayway Boulevard South, 1203, stated she was very much in opposition to the project when it was before the Board in October. She stated she is not as opposed as she previous ly \':,j~;) bu t she fe 1 t some 0 f the i te ros brought up at the first meeting should be continued, stIch as the lights out at midnight, no external speakers, lighting shields directed down\H1rd) and if security or trash became a problem applicant verbally agreed action would be taken. Mr. Peter Zbun, 675 South Gulfview Boulevard, stated he doesn't understand why this item is being heard. He felt nothing new has been submitted. He felt the hours of operation should not be extended. He felt having last tickets sold at 1.0:30 PM was reasonable but 11:59 PH means the lights won't be turned off until 1:30 AM because of cleanup. He felt Phase I should only be approved ,to see how it works out before an expansion is approved. Ms. Ellen Zhun, 675 South Gulfview Boulevard, read a letter of opposition to the Board (see attached), which stated Phase I was approved with the express stipulation that nothing would be done with Phase II until Phase I was complete and in operation, which would allow the CJty to evaluate the benefits versus the disadvantages to the communi ty. She felt it is inconceivable for the Board to consider Phase II. She stated the year-round residents had every right to expect a reasonable atmosphere of security and enjoyment. Mr. Hamilton stated he understands the feeling of the residents and felt there is somewhat of a problem with the commercial and residential areas. He stated he is excited about the development of the property because the development will clear up an eyesore area of the beach. He felt the project was a good idea with good people involved. He stated applicant also pays very high taxes. Mr. Hamilton felt applicant was trying to alleviate some of the concerns of residents. He felt the project would be a beautiful addition to the beach and he felt the noise will be a lot less than from the 24-hour operations in the area. He felt if there is a serious question on the hours of operation, a condition of approval for one year could be included but the condition should only be on the hours of operation. He stated be is very much in favor of the project. '-, Mr. Hogan felt the property is currently an eyesore. He also felt the project will be a good, family pro ject for the beach. He stated that he fe It the project does not need to be open unti 1 1: 00 AM. Mr. Hogan felt mos t of the opposition is to the hours of operation. He felt family people will net be out at 1:00 AM and felt the lights should be turned off at midnight. P & Z MINUTES 8 11/29/88 . ',.,' ;. , ' '. , . . , \ I" '.'...', '. " .' "', .,:.... .... .' Ms. Nixon stated she is more comfortable with the present reques t than wi th the previous request but felt the lights should be turned off at midnight. r~ " Mr. Schwab felt the lights should be turned off at either 12:00 midnight or 12:30 AM. He felt this project is different from the fIrst project in that the two-level parking garage has been eliminated. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, the approve the above request subject to th.e following: 1) That there be no consumption of alcoholic beverages on the premises; 2) That there be no external speakers; 3) That the lights be turned off at 12:00 midnight; and, 4) That the lighting be directed to minimize any glare beyond the property lines. Motion carried unanimously (5 to 0). C. Annexation and Zoning: 1. Lot 3, Blk. D, Oak Acres Add. Sub. (Located on the north side of Lakeview Road, east of Duncan Avenue) (Pappas) A 88-35 Request - Annexation and Zoning, RS-5 (Single Family Residential "Six") The above property is located on the north side of Lakeview Road, east of Duncan Avenue. Ar" ~I\';~y The applicant was not present. Ms. Harvey advised as follows: This is a request for annexation and RS-6 (Single Family Res idential "Six") zoning; there is an exis ting single family residence on the property; and, City seYler and water and natural gas are available. Ms. Harvey advised staff recommended approval of the request for annexation and RS-6 (Singl.e Family Residential "Six") zoning. No persons appeared in support of or in opposition of the above request. Motion was lnade by Mr. Hogan, seconded by Mr. Schwob, to recommend approval of the request for annexati.on and RS-6 (Singl.e Family Residential "Six") zoning. Motion carried unanimously (5 to 0). ~' { , '-..." P & Z MINUTES 9 11/29/88 , .. ,:',' ',' r ' ' , -:,": ' .. ' " ' ,', ,."," .' ' ' " t.:.'~. . ,J~~;. D. Annexation, Zoning, Land Use Plan Amendlllent, and Local Planning Agency Review r" ~, 1. M&B 13.15, Sec. 12-29S-15E (Located at the northeast corner of the intersection of Hercules Avenue and Palmetto Street) (DEM Partnership) A 88-34 LUP 88-25 Request - Annexation and Zoning, IL (Limited Industrial) Land Use P1an: FROK: Commercial/Tourist Facilities TO: Industrial The above property is located at the northeast cor.ner of the intersection of Hercules Avenue and Palmetto Street. The applicant was not present. Ms. Harvey stated it is not necessary that the above item be continued unless the Board feels the ite~ should be continued. (" ,~. Ms. Harvey advised as follows: This is a request for annexation and IL (Limited Industrial) zoning and a Land Use Plan amendment from Commercial/Tourist Facilities to Industrial; tlle property is presently vacant and an office/warehouse use is proposed; and, City sewer and water and natural gas are available. Ms. Harvey stated a s.lte plan, approved under the jurisdiction of the County, for the subject property has been given a courtesy review and it was suggested to the applicant: that the building be relocated. Ms. Harvey advised staff recommended approval of the request for annexation and 1L (Limited Industrial) zoning and a Land Use Plan amendment from Commercial/Tourist Facilities to Industrial. No persons appeared in support of or in opposition to tbe above request. Motion was made by Mr. Hamilton, seconded by Mr. Schwab, to recommend approval of the request for annexation and IL (Limited Industrial) zoning and a Land Use Plan amendment from Commercial/Tourist Facilities to Industrial. Motion carried unanimously (5 to 0). 2. Lot 1, Blk. 3, Acker's Sub. (Loea ted at the northeast corner of the intersection of Charles Avenue and Daniel Street) (Maher/Vogel) A 88-36 LUP 88-26 Request - Annexation and Zoning, OL (Limited Office) Land Use PIan: FROM: Low Density Residential TO: Residential/Office / \... The above property is located at the northeast corner of the intersection of Charles Avenue and Daniel Street. P & Z MINUTES 10 11/29/88 , ' ': ' ' . , . : , " " '. ' .' /, " ' ,', , , ' , ....." " r~\ ~ Mr. Donald Francis, representative of property owners, explained the uses of the surrounding property. He stated the Limited Office zoning is requested, there will be no structure on the property, and the property will be used for retention and parking. Ms. Harvey advised as follows: This is a request for annexation and OL (Limited Office) zoning and a Land Use Plan amendment from Low Density Residential to Residential/Office; the request for annexation is prompted by the ability to join the subject property with a project proposed to be built in the City on the north side of Daniel Street; it is applicant's intent to use the property for parking in support of the proposed office development; City sewer is not currently available and if the property is developed, sewer would be required to be extended to the property; City water is not available nor is natural gas; Public Works advised that, in order for the property to be contiguous to City limits, it would be necessary to include in the annexation the abutting right-of-way of Daniel Street; and, in regard to the Land Use Plan amendment, the City would not want to extend Limited Office any farther. Ms. Ha rvey advised staff recommended approval of the request for annexation and 01 (Limited Office) zoning and a Land Use Plan amendment from Low Density Residential to Residential/Office. After questioning by Mr. Schwob, Ms. Hat-vey stated if a parking lot is proposed she thought a conditional use would be required. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwab, seconded by }1r. Hamilton, to recommend approval of the request for annexation and OL (Limited Office) zoning and a Land Use Plan amendment from Low Densi ty Residential to Res identialjOff ic e. Mo tion ~~J carried unanimously (5 to 0). F. Director's Items ;.. >,:, Ms. Harvey advised the Board that the annual Planning and Zoning Board Christ~s Luncheon will be held before the meeting scheduled for December 13, 1988. She added the luncheon will begin at 12:00 Noon and the meeting will begin at 2 :00 PM. She also added that wr it ten notice will be sent to the members in a few days. Meeting adjourned at 3:25 PM. ~ Paula Har-vey Planning Director c., P & Z MINUTES 11 11/29/88 (m.., / /-~q-g tT f!ec'd cvt' h.eG-. ea 3 If-I/O November 29, 1988 Dear Commissioners: I want to read this letter loud and clear to the audience at your November 29, 1988, meeting re #4 on the agenda. At a previous meeting I attended, the Board of Commissioners voted to approve Phase I of the JO-GO Amusement Center with the express stipulation that nothing would oe done with Phase II until Phase I was completed and operating. The city would then be able to evaluate the benefits versus the disadvantages to the commun- ity. (' '. 'ftI." For the Commissioners now, to even consider Phase II in any shape or form is inconceivable. We pay high taxes, live here year around and have every right to expect a reasonable atmosphere of security and enjoyment. Please, I urge you to comply with your original promise. Until it is established that we can live with Phase I, NO PHASE II Thank you, ~)11.zL~ Ellen M. Zhu'" Continental Towers 675 S. Gulfview Blvd. Clearwater Beach, FL 34630 ( L.,.