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09/17/1991 (2) ',~ I' :' "" : ' I': " . ! ", I. '! ' ' ;." .' "" 1 " t', ' :~ ' '," . ~ . ' , ' '..; , . ,','. ~,.: -' " I ('."J /1 "'7- .1 ~.I Cc,{ 'j L.( t. ACTION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, SEPTEMBER 17, t991 . 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION A. ITEM APPROVAL Of MINUTES 1. September 3, 1991 ACTtON APPROVED CONDITIONAL USES. ANNEXATION. ZONING. LAND USE PlAN AMENDMENTS. LAND DEVaOPMENT CODE TEXT AMENDMENTS. AND LOCAL PlANNING AGENCY REVIEW: THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR CONDITIONAL USE REOUESTS IS GIVEN UNDER OATH, l. 2. 3. 4. 5. 6. 7. B. 9. ......" 1 O. 11. , 2, '3. The Chairperson reads from the Public Hearing Notice each item as it is presented. The staH report and pertinent background information arc presented, . 5 minutes maximum. Staft presents any supporting written documents, Staff presents any opposing wCltten documents. The applicant or his representative presents his case. - 5 minutes maximum, Persons who support the application speak. 3 minutes maximum tor each individualj or spokesperson for group - 10 minutes maximum. Persons who oppose the application speak - 3 minutes maximum for each individual; or spokesperson for group - 10 minutes maximum. Persons supporting the application (other than applicantl may speak in rebuttal - 3 minutes maximum. Persons opposing may speak in rebuttal - 3 minutes maximum. The applicant has an opportunity for final rebuttal. 5 minutes maximum, Public Hearings are closed. Discussion by the Board. 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. REOUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITCMS: 1. 2. ,~- RCQuest for Extension - M&B 32.05, Sec. 2.29- 15 (1453 Sunset Point Road) Anne M. Caballero CU 89-66 Approved subject to the foHowing conditions: 11 Building permit shall be obtained within six (61 months of the date of this hearing; 21 The Certificate of Occupancy shall be obtained within one year; and 3) The site shall meet the current landscaping requirements of Section 136.023 01 the City Code. Request - Veterinary Olfice with Inside Boarding Zoned - OL (Limited Office) (Continued from 9/03/911 Request for Extension - Lots 118 and 119, L1oyd-White-Skinner Sub. 1348 Coronado Dr.) Roberl E, Malke IRose Garden Restaurant} CU 91.18 Approved an extension Of six 15} months from the date of this public hearing. Request - To permit on.premise consumption of beer and wine Zoned. CR-28 (Resort Commercial) HEC EJVED SEP 2 5 1991 P & Z ACTION AGENDA crtv CLERK 09.17.91 ~, ,. , .. " ., ,', I '~ ; , :" '.' ' , ,', ",,:':' , " '.', . . . ' ,r, . ',' \, j~ , , ",,', ' ' . . ;' ' ,', ' I ' . " I i~ 3. IContinued from 7/16/91 & 81131911 M&B 11.06, 11.06 and 11.061. Sec, 19.29- 16 119666 US 19 NI Veta Louise Gillenwaters, Pamela Lee Colvin, Pauletta Lucille Rogers, Terri Lynn Presnell, Trustees. lKenyon Power Bontsl. CU 91-48 Rcquest . To permit outdoor retail sales, displays andlor storage Zoned, CH (Highway Commercial) c. CONOmONAL USES: 1. See 16.29.16; M&8 34.01 and See 22.29.15 M&B 21.01. 2. 1.02. and 2. 1,12., Sunshine Mall '(1200 S. Missouri Ave.) John S. Taylor, III and Fusco Corp, (Phar-Mor of Florida, Inc.l. CU 91-66 Request. To permit package sales of beer, wine and liquor Zoned. CC (Commercial Centerl and RM 28 (Multiple Family Aesidentiall 2. Lots 8. 9, and 10. Blk 1. Knollwood Replat 11430 and 1434 Cleveland St.I. Clarence S. Spiewak, CU 91-67 Request - To permit Level 11 group care for 19 residents with 1 Iive.in supervisor Zoned . RM 16 IMultiple Family Residential) P & Z ACTION AGENDA Approved subject to the following conditions: 1) TIw applicant shall submit an amended Signed and scaled site plan for reccrtification. The new sito plan shall include rcvised calculations and percentages of all outdoor display areas, open space alCas and other amended areas on the site. 2) The proposed display pads in the front yard area shall be moved to the west away from the property line at least three (3) feet; 3) The applicant shall submit revised drainage calculations to the Engineering Division lor approval prior to certification of the amended site plan; 41 The applicant shall obtain variance approval from the Development Code Adjustment Board for any unpaved parking or display spaces; 61 The specific display pad areas shall be clearly indicated on the site plan and shall not be included in open space calculations; 61 The amended site plan shall be submitted for certification within six (6) months; 7) All storage areas shall be bchind the rCQuired landscaped buffers along U.S. 19. in accordance with all current landscaping reguirements of the Land Development Code; Bl There shall be a maximum of seven (71 boats displayed within the front yard area; and 91 No portions of boats or trailers shall extend over the designated display areas. I' Approved subject to the following conditions: 1 I The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; and 2\ The sale of alcoholic beverages shall be restricted to package sales onlv with no consumption of alcohol on the premises. Approved subject to the following conditions: 1 I The requisite occupational license shall be obtained within six (6) months from the date of this public hearing and the occupational license will be obtained within one year; 21 The facility shall not house marc individuals per structure or within anyone bedroom than permitted by the state licensing authority and shall be licensed by the State as a designated ACLF; 3) Proper supervision of the clients shall be provided to ensure neighborhood compatibility; 4) All permits and licenses issued by the City shan be subject to initial and continuing compliance with all alJ~ii~Jbl;; r::;;ui:cmcnt::; 5) The applicant shall file a declaration of unity of title prior to the issuance of the occupational license; 61 The facility shall be for the care of elderlv residents only (as defined by state HAS). with tho maximum number of client residents being 19. unless further limited by state requirements; 71 The property shan be fenced in accordance wilh City Code requirements wilh the intent beinu that ill least a 30 inch tall fence shall surround " :: 09-17-91 . ,:': '",' ' ~. ," -',.', ' , ',' , . ' P:~, ~ I,. ' " ' . ", . r. ' ,. . , F:", <-., ,~ 3. M&B 13.31, See 17-29-16 12862 Gulf.To.Bay Boulevard), James J, and Josephine C. Orlando, Trustees, lJohn M. Everett/Nick and Angelo's), CU 91.68 Request. To permit on-premise consumption and package sales 01 beer, wine, and liquor Zoned. CG (Geneml Commerciall ~, Lots 63 thru 66. 113 thru 117. and pan at Lot , , 2, Lloyd-White Skinner Sub, (325 S, Gulfview Boulevard) Clara and Dorothv Boldog (Americana Gulf Motels ltd,J, CU 91-69 AeQuest" . To permit on-premise consumption ami package sales of beer, wine and liquor Zoned - CR 28 IResort Commercial) 5. M&B 33.02. See 28-2B-16 1250BA and 2508B McMullen Booth Road), John Hancock Mutual Life Insurance Company IBETCO Corp/Nortons Cafel, CU 91-70 Request. To permit on-premise consumption of beer and wine Zoned - CC (Commercial Center and OL (Limited Officel 6. Lot 12, Blk D, Unit A and Lots 13 thru 15, Blk D, Unit C, Bayside Sub No 6, (850 Bayway Boulevard) Resolution Trust Corp. as Conservator lor Hollywood Federal Bank IJeffrey Keierleber/850 Bayway). CU 91-71 Request. To permit on-premise consumption 01 beer, wine and liquor Zoned - CR 28 (Resort Commercial) 7. Part of Lot 1, elk B. Venetian Point (1860 N. Ft. Harrison Avenue) Donato and Maria DiGiovanni, Victor and LucV DiCarlo, Vincent and Rosa 'Barbieri, and Bar.Bro, Inc., CU 91-72 Request - To permit marine rental 01 boats and motorized personal watercraft (Tideridcrsl Zoned CR 24 (Resort Commercial! and ALlC (Aquatic Lands/Coastal) P &. Z ACTION AGENDA the property perimeter except for vehicular access areas; B) Both during and after construction the site shall be maintained in accordance with city nuisance code as well as city construction debris storage and removal standards; 91 Once an occupational license is obtained lor Level II group care, the facility shall remain licensed at all times. The applicant shall provide proof of this continuing licensing 10 city staH on at least an annual basis; and 101 No lurther residential use of the property shall occur beyond that approval in this conditional use. Approved subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months; and 21 There shall be no customer accessible alcoholic beverage display areas provided. Continuud to meeting 01 October " 1991 Approved subject to the lollowing conditions: 11 The applicant shall obtain an alcoholic beverage distance separation variance from the City Commission prior to Obtaining any building permits or cert,ificates of occupancy; and 2) The requisite occupational license shall be obtained within six (6) months of the date of this public hearing. Continued to meeting of October 15, 1991. Continued to meeting of October 1, 1991 3 09.17-91 ~ '.'"i . \. ~ ',f.' ,""~t' ,.'~, '..',' ': '.,.... ,'J" ." ,'":',, " ", ',:'. ," .' ',,",- ~" ' " 8. M&B 23.013, 23.11, 24.04, and 24.06; Sec 17. 29-16 1420 Park Place Boulevard, Suite 7001, Metropolitan Ute Insurance Company IPark Place Billiards lnc./Park Place Billiard Club), CU 91-73 Request - To permit on.premise consumption of beer and wine Zoned. CC (Commercial Centerl Approved subject to the following conditions: 11 The applicant shall obtain an alcoholic beverage separation distance variance from the City Commission; 2) Sale of alcoholic beverages shall be restricted to F.ales for on premise consumption; and 3) All required licenses shall be obtained by the applicant within six (6) months of this public hearing, D. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT, LAND DEVaOPMENT CODE TEXT AMENDMENT, AND LOCAL PlANNING AGENCY REVIEW: 1. M&B 34.272, Sec. 1-29-15 located just south and east of the cnd of Calumet Street (William Johnson) A91-Q9; lOP 91-10 Request. Annexation, Land Use Plan and Zoning designations LAND USE PLAN1 From: Unclassified To: Industrial, ZONING: IL (limited Industrial E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS P & Z ACTION AGENDA APPROVED ~'" 4 09-17-91 r~" C", ~.....' L i'" ( L,.; " MINUTES PLANNING &,ZONING BOARD TUESDAY, TUESDAY, SEPTEMBER 17, 1991 Members Present: Vice-Chairman Hamilton, Messrs. Bickerstaffe, Mazur (arrived at 1 ;37 p.m.), Merriam, Carassa~ and Savage. Members Excused: RECEIVED OCT 1 5 1991 CITY CLERK Mr. Schwob James Polan)', Jr., Director Planning & D~velopmcnt Scott Shuford, Planning Manager Sandra Glalthorn, Senior Planner Pat Fernandez. Recording Secretary Vice-Chairman Hamilton outlined the procedures for conditional uses amI advisec.l that anYl)ne adversely affected by a decision uf the Planning and Zoning Board. with regard to conditional uses, has two weeks from this date in which to tile an appeal through the City Clerk's Oftice. Florida Law requires any pany appealing a decision of this Board to have a record of the proceedings to support the appeal. Also Present: ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. A. APPROV AL OF MINUTES Mr. Carassas announced he was tlbstaining from any discussion and vote on this item as he was not present at the previous meeting. Motion was made hy Mr. Merriam, <lnd st!conded by Mr. Bickcrstaffe, to approve the minutes of September 3. 1991 with one addition. Motion carried 5 to 0 with one abstention. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTlNUED ITEMS: 1. Request for Extension - M&B 32.05, Sec. 2-29-15 (1453 Sunset Point Road) Anne f\'f. Caballero eu 89-66 Request - Veterinary Office with Inside Boarding Zoned - OL (Limited Office) Mr. Shutord gave the background of lhe case and submiued, in writing, the staff recommendation. The applicant is requesting an extension to a conditiomll use granted in 1989. The site should meet all current landscaping standards and may now need a variance. Gursagar Singh. applicant, 1453 Sunset Point Road, stated he would like <In ~xtension exceeding six months since he may need the additional time to obtain a variance. 0, Mr. Shuford felt a six momh's period was reasonable as the applicant was givcn two years at his initi<ll appearance before the Board. It is fell the applicant should be making some progrcss in geuing the site developed. Also Sunset Road is having prohlems with its capacity and it would be advantageous to the applicant to obtain his permits promptly. No persons appeared in support of or in opposition 10 the above request. I\'lotion was made by Mr. [\'tazur, Hod seconded by Mr. I3ickcrsraffc. to approVt! the above rt!quest subject to the following conditions: I) Extension granted for six (6) months from the date of this hearing with P & Z ~lINUTES 09- 1'7 -91 huilding permit to be ohtain~d within same period: 2) The Certificate of Occupancy shall he ohtained within one year; and 3) The sit~ shall meet the current landscaping requirements of Section 136.023 of the City Code. Motion curried unanimously (6 to 0). """ ., -. (Continued from 9/03/91) Requcst filr Extension - Lots I) 8 iind 119, Lloyd-White-Skinner Suh. (348 Coronado Dr.) Rohert E. !\!alke (Rose Garden Restaurant) CU 91-18 Request - To permit (In-premise consumption of heer and wine Zoned ~ CR-28 (Resort Commcrcial) Mr. Shuford gavc the hackground of the case and suhmittcd, ill writing; the staff recommendation. George Greer, applicant's representative, 600 Cleveland Street, Suite 685, stah:d the applicant wcnt to Europe when his mother became ill and needs the extension to return and tirm up his commitments. No persons appeared in support of or in opposition to the ahove requesl. Motion was madc hy lvlr. Mazur. and seconded hy Mr. lvlcrriam. to gram an extension of six (6) months from the date uf this public hearing. Motion carried unanimously (6 to 0). 3. (Continued from 7116/91 & 8/13/91) M&!3 11.05. 11.06 and 11.061. Sec. 19-29-16 (19666 US 19 N) Veta Louise GiIlenwaters. Pamcln Lee Colvin. Paulclta Lucilk Rogers. Terri Lynn Presnell. Trustees. (Kenyon Power Boats), CU 91-48 Request. To permit outdoor retail s"lcs. uisp1i1ys and/nr storage Zoned. CH (Highway Commercial) Ms. GJatthorn gave the background of the case and suhmilted. in writing, the staff recommendation. ''0.- A new site plan. which needs to he cenilied. was provided showing the revised display arcus. Mike MacKenzie. applicant's rcprcsentltive, 28465 U.S. 19 North. Suite 200, stated the site plan submitted with their application was incorrect and the r~viscd plan is within the greenspace coue requ irements. Brad Kenyon, applicant, 8306 Jana Drive, Odessa, staled hoats would he placed on IS' x IS' foot pads. They would be trailerahle, no wider than 8'6"; lengths would range from 15' to 26'. In response to questions from the Board. hc stated the boats ilia)' exleml heyond lhe pads. The Board expressed concerns about ovcrhangs on b'oats and that sllch areas should he designated on the plan. They feel visual dultcr was created when the applicant and neighhoring husinesses lined up their merchandise in a row near the properlY line on U.5. 19. The Uoard delermined the staff will address the dimensions of the pad. No persons uppeared in support of or in opposition to the above request. Motion was made hy Mr. llickerstalTe, and secDnllcd hy IvIr. Savage, to approve lhe above request subject to thc following condilions: I) Thl~ applkant shall suhmit an amended signed and scaled site plan for recertification. The new SilC pl~lIl shall Indude revised calcula[ ions and percenlages of all outdoor display areas, open space areas and other anwlll.led areas olllhe she, 2) The pmpnsed display pads in the front Yi\rd area shl1l1 he muved to th~ west away from lllc propeny line OIl Iemit three (3) feet; 3) The applicant shall submit rcvised drainage calculalions [II the Engineering Division for approval prior w certification of th~ urnendell sile plan: 4) The applic:lIll ~hall ohtain variance approval from the Development Code :\djuslntt.!nt Ooard for any unpaved parking Ill' display spacc$: 5'1 The sredtic display P &: Z .\I1NUTES "'I 0')-17 -91 f '. . I'~ "~' , ",. ,', r---, r pad areas shall be dearly indicated on the site plan and shall nut he included in open space calculations; 6) The amended site plan shall he submitted for certification within ~ix (6) months; 7) All storage areas shall he behind the required landscaped huffers along U.S. 19, in accordance with all current landscaping requirements of the Land Development Code; 8) Therc shall he a maximum of'seven (7) hoat~ displayed within the front yard area; and 9) No portions of hoats or trailers shall cxttmd ovcr the uesignatcu display areas. Motion carried unanimously (5 to 1) with Mr. !vlerriam voting "nay". He feels the co- presentation was too fuzzy and he could not look at the whole picture. This would add to the clutter on and is not aesthetically pleasing. C. CONDITIONAL USES: 1. See 15.29-15; M&B 34.01 and See 22.29-15 1\1&B 21.01. 21.02 and 21.12, Sunshine Mall (1200 S. Missouri Ave.) John S. Tay]or, III and Fusco Corp. (Phar-Mor of Florida, Inc.), CU 91-66 Request - To permit package sales of beer. wine and liquor Zoned ~ CC (Commercial Center) and RM 28 (Multiple Family Residential) Ms. Glatthorn gave the hackground of the case and submitted. in writing. the stafr recommendation. Jeffrey Hamilton, applicant's representative, 1201 6Ul Avenue West, 4th flour, Bradenton, stated the staff report is correct in advising that J, Byron's will necome a new Phar.Mor and the package liquor store will he adjacent to it. No persons appeared in support of (I[ in oppm.ition to the above request. ( ....._.J' Motion was made by rvlr. Bickerstaffe, amI sccomlctl by Mr. Meeriam. to approve the above requeSt subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; and 2) The sale of alcoholic heverages shall he restricted to package sales only with no consumption of alcohol on the premises. Motion carried unanimously (6 to 0). 2. Lots 8. 9, and 10, Blk I, Knollwood Replat (1430 and 1434 Clevcland St.), Clarence S. Spiewak, CU 91-67 Request - To permit Level II group care for 19 residents with 1 live.in supervisor Zoned - RM 16 (Multip]e Family Residential) Mr. Shuford gave the background of the case and submiued, in writing, the staff recommendation. He detailed what Level Group II care is and mentioned numerous code violations and a fire at the site im which a resident died. Letters of objection have been rcceivcd from Philip Ko]odzicj and William T. Mooney. TIlOmas Leonard Isa.acs. applicant's representative, 172 Menton Circle, Oldsmar 34677. stated they plan to renovate this as well as the building next door and adjoin them to facilitate rcsident's recreation and dining. He will be the full-time administrator and advised that pl:llls arc to do whatever HRS and Clearwater requires for an ACLF. They have met with neighbors regarding the planned property use. " The number of tenants can only go up to nineteen if spouses join the rcsident of one of the existing 12 rooms with bath. A srrink]er system, if approval is grantcd, will he installed. No one appeared in support of the ahow reques!. \'... In opposition, Darlcen Kulodziej, 1450 Clcvclallll Street. stated she has lived across from this property for Sllven years. Mrs, Knlod1.iej nnd the neighhors have witnessed unkelH premises. a stream or tenams P 8:. Z MINUTES .. J 09-17 -91 /'--. / " \~ of questionable character as the owner rented beds by the week. the property was zoned for four apartments however there were seven. amI tenants were disorderly, ohscene, and dealt in drugs and prostitution. Calls made regarding the conditions were unheeded. She stated she represents nine neighbor homeownL!rs. While the plans arc impressive, their major con~ern is who will live there and the success of the venture as she believes the market for ACLF's is tlooded. The Red Cross .ulvised that a live-in supervisor is only required to complete a one-day training course. The neighhors tire opposed as to the uncertainty of how it \I/ill be managed and operated. She also had difticuhy trying to verify employment shown on Mr. Isaac's resume. In rcbulLal, Mr. Isaacs, stated his resume was correct, he is a chartered Engineer from England and has managed many companies and lectured giving management seminars. In response to questions by the Board, Mr. Isaacs will have an interest in this venture. Mr. Shuford advised the code would allow the property to be sold hut that any conditions the Board attaches would become part of the zoning requirements for the prop~rty, The Board does not want to see lhis operated as a mOle!. Motion was made by Mr. Carassas. and se(.:ondcd hy Mr. Mazur. lO approve the almvc request subject to the following conditions: I) The requisite occupational license shall he obtained within six (6) months from the date of this public hearing and the occupationallh:ense will he ohtained within one year; 2) The facility shall not house more individuals per structure or within any on~ hedroom than permitted hy the stale licensing authority ami shall he iicensed by the Slate as a designated ACLF; 3) Proper supervision of the clients shall he provided to ensure neighborhood compatibility: 4) All permits and licenses issued hy the City shall he subject to initial amI continuing compliance with all applicable requirements; 5) The applicant shall tile a declaration of unity of title prior to the issuance of the occupational license; 6) The facility shall be for the care of elderly residents only (as de tined by state HRS). with the maximum number of client residents being 19, unless further limited by stale requirements; 7) The property shall be fenced in accordance with City Codc requirements with the intent being that at least a 30 inch tall fence shall surround the property perimeter except for vehicular access areas: 8) Bmh during and after construction the site shall be maintained in accordance with city nuisance code as well as city construction debris storage and removal standards; 9) Once an occupational license is obtained for Level II group care, the facility shall remain licensed at all times. The applicant shaH provide proof of this continuing licensing to city staff on at least an annual hasis; and 10) No further residential use of the property shall occur beyond that approval in this conditional use. Motion carried unanimously (6 to 0) 3. M&B 13.31, See 17-29-16 (2862 Gulf-To-Bay Boulevard), James 1. and Josephine C. Orlando, Trustees, (John M. Everett/Nick and Angelo's), CU 91-68 Request - To permit on-premise consumption and package sales of beer, wine, and liquor Zoned - CG (General Commercial) lvlr. Shuford gave the hackground of the case and submiaed, in writing, the staff recommendation. lohn Everett, applicant, 205 Highland Avenue South, stated he would like the Board to limit but not restrict entertainment. He advised there would he no live bands but he might like Karaoke or a disk jockey. H is main business is food and his customers have asked for music. The Board discussed entertainment and possible restrictions. It was agreed due to its entrance on Gulf- to-Bay, no outdoor scming, tbat any noisc eminating from this location would not he a nuisance. No persons appeared in support (If or in opposition to the above request. P & Z MINUTES ~ 09-17-91 . . .... j ': I '. I \ I . 1.".. . , .... '.' " . . . . ' . ~ . J .~ '.. r I .; . . . '. . .. '. . l' . ~., . . .... . :. . (""'. Motion was made hy Mr. Savage. and st!condcd hy Mr. Bickerstaffe. to approve the above rcquest suhject to the following cood itions: I) The requisitc uccupational license shall be ohtained within six (6) months; and 2) Therc shall he no customer acct!ssihte alcoholic heverage display 1treaS provided. Motion carried unanimously (6 to 0), 0.\, Lots 63 thru 66, It 3 thru 1 t7, nml part of L\)l 111. L1oyll-White Skinner Suh, (325 S. Gulf"iew Boulevard) Clara and Dorothy lloldog (Americana Gulf l\lotels Ltu.). CU 91-<i9 Rcqucst - To permit [In-prcmise consumption and package sales of beer, wine and liquor Zoned - CR 28 (Resort Commercial) The applicant rcquested this item be continued. MotIon was made by Mr. Carassas, and seconded by Mr. Mazur, to continue the above rt!quest to the meeting of October 1, 199 1. ~'lotion carricd unanimously (5 to 0). 5. M&B 33.02, See 28-28-16 (2508A and 2508B McMullen Booth Road). John Hancock Mutual Life Insurance Company (BETCa Corp/Nortons Cafe). CU 91-70 Requcst - To permit on-premise consumption of beer and wine Zoned - CC (Commercial Center and OL (Limited Offic.:c} Mr. Shut<Jrd gave the background of th~ cas~ and suhmitt~ll. in writing, the staff r~\:{)mmendation. Donna Coughlin. applicant. SOt 8 Bridgcpurt Drive, Safety Harbor, stated her location was a former Munchies and in order to make the business protitahle, they need the expansion space for more dining. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Bickel'staffe, and seconded by Mr. Merriam, to approve the above rcquest subject to the following conditions: 1) The appl icant shall obtain an alcohol ic beverage distance separation variance from the City Commission prior to obtaining any huilding permhs or certificates of occupancy; and 2) The requisite occupational license shall be obtaint!d within six (6) months of the date of this public hearing. Motion carried unanimously (6 to 0). 6. Lot 12. Blk D, Unit A and Lots 13 thru 15, Blk D, Unit C, Ba)'sidc Sub No 6, (850 Bayway Boulevard) Resolution Trust Corp. as Conservator for Hollywood Federal Bank (Jeffrey Keierleber/850 Bayway), CU 91-71 Request - To permit on~premise consumption of beer. wine and liquor Zoned - CR 28 (Resort Commercial) Mr. Shuford gave the. background of the case and submitted, in writing, the staff recommendation. Gary P. Welch, applicant's representative, 200 N. Palrick Boulevard, Suite 140, Brookfield, WI. 53045. stated the applicant would Ilke to obtain some variances so the pending contract can be executed and they could either run or have someone else run or lease a restaurant at this location. They would like the Board's view and approval so they can inform prospeCtS of what can be done on site. No one uppearcd in support of the application. , "- In oppositinn, George Hoffmann, 855 B;lyway, Ci03, stated he has had to look at this eyesore for many years. The equipment on th~ roof of the property is rusty. the awning is torn in three sections. slats arc missing on the balcony railing. it needs painting. and stairs have been pulled down. Tht! wooden P & Z ~lINUTES ... -' 09 - ] 7 -9 I walkway has broken slats. ami th~ parking lot needs resurfacing. ("'" In opposition. Audrey Thomas, 830 S. Gulfview, stated two condominiums housing morc than 70 famili~s have heen huilt recently and feels thcrL! is a potential for drunken beha\'ior, obscene actions, traffic and boom boxes. Children reside in the condominiums and they do not favor restaurant luunges and parking is at a premium in this area. She feels any husiness at this location should have sufficient parking. They dislike having a bar or lounge and feel the location is suitable for a quality restaurant with perhaps a 10:00 p.m. closing. (n opposition, Paul Scholz, 800 S. Gulfview Blvd., Suite 801, objects to any bar ami he is horrified at the thoughts of another Dock of the Bay. ^ 10:00 p.m. closing would he acccplHhle to him. He feels no food. only liquor, is scrved after 10:00 p.m. He commented on the vagueness of the presentation and suggested some time limit so the residents would have some recourse if a problem occurred. In opposition. AI McAffos. 868 Bayway, advised the building in question was originally the condominium clubhouse. A large number of tenanlS arc north at this time and they are not in favor of a bar type operation. In opposition, Marvin Rubin. 851 S. Bayway llIvd.. Apt. 605. stated he would like to see a nice legitimate restaurant at this site. The restaurant could house 300 ~md there arc -+2 parking spaces. He commented on the J 1 ~ 12 hom slips ami their need lilr parking. On thc street parking in the vicinity is prohihited. (n opposition. Stan Frederico. 865 S.Gurfvicw Blvd., commented that noise un the water travels. Being in the real estate business. clients ask about the noise as well as parking. He feel property values would decrease with the wrong 'type of business at this site. . In rebuttal. Mr. Welch, advised his employer was a Clearwater resident and the company is a Florida \~.- tirm. He will work with Mr. Doherty of staff to com~ lip with a use for the entirc huilding. The Board expressed concern thar they historically have talked to the operator of a business applying for a conditional use and they are not able to do that. This appears to be llne of a speculative basis and they do not feel comfortable with considering the request. Questions they have are what kind of restaurant would be housed there. The owner, without any plans, is trying to gain as much leeway as he can. The Board is reluctant to put any conditions on a restaurant when they are unaware of the specifics and may well impose varied conditions depending on what business will operate there. The applicant needs to come back and clarify what kind of restaurant. Continuance was suggested to give the applicant morc time. It appears they want the Board to set guidelines which they will use in the scarch for an operator. If a continuance is granted, Mr. Welch stated he might have the applicant appear and review the proposal of the type of restaurant they intend to run. Motion was made by [vIr. Bickcrstaffe. and seconded by Mr. Savage, to continue the above request to the mceting of Octoher 15, 1991. Motion carried unanimously (6 to 0). 7. Part of Lot I, Elk H, Venctian Point (1860 N. F1. Harrison Avenue) Donato and Maria DiGiovanni, Victor and Lucy DiCarlo. Vinccnt and Rosa Barbieri, and Bar-Bro, Inc" CU 91-72 Request - To permit marine rental of hoats and motorized personal watercrati (Tide-riders) Zoned CR 2-+ (Resort Commercial) and ALlC (Aqu<ltJc Lands/Coastal) , "- The applicant rl;lqucstcd a continuance of lhis il~m. t\IOlion was made hy Mr. Carassas. and seconded hy M r. J\lazur. tel continue the ahove r~qut!st to the meeting of Octoher I. 1991. Motion carried P &: Z ,\II~UTES (, 09-17-91 ~": , 'i~'1 '~llr: .i. .... ":. '.,;. ',.~ . '" I' ~~.". .,.',':. ,... .'.. :. '.' ..' ,'.0. ;.'. ..1 ~~ unanimously (5 to O). 8. M&B 23.013, 23.11,24.04. and 24.06. See 17-29-16 (420 Park Place Boulevard, Suite 700). Metropolitan Life Insurance eomp.my (Park Place Billiards Inc.lPark Place Billiard Club), CU 91- 73 ~...-.. I Request - To permit on-premise consumption of htJcr and wine Zoned - CC (Commercial Center) Mr. Shuford gave the hackgrouml of the case amI submitled. in writing, the staff recmnmendation, Richard Maida, applicant's partner. 358 Watcrford Circle E<L'a, Tarpon Springs, authorized Mr. Scrro to represent him before the Board. Greg Serra, owner's representative, 420 Park Place Boulevard, Suite 700, statcu they will open an upscale billiard room will house approximately 18 tables. It will be on two levels and they will have a spa and serve a deli menu. This will he an adult dub. however. they may get involved. on a restricted basis. pcrhaps holding tournamcnts at the junior level. The c1uh will he opcn to thl.! adult public. Thcre will he no live music and they will have hackground upscalt: music of their choice. No persons appeared in support of or in opposition to the abov~ rt:quesL Motion was made by Mr. Bickerstaffe. and seconded by Mr. Merriam. to approve the above request subject to the following conditions: I) The applicant shall obtain an alcoholic beverage separation distance variance from the City Commission: 2) Sale of alcoholic beverages shall be restricted to sales for on premise consumption; amI 3) All required licenses shall be ohtained by the applicant within six (6) months of this public hearing. Motion carried unanimously (6 to 0). .~- D. ANNEXATION. ZONING. LAND USEPLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. M&B 34.272, Sec. 1-29-15 located just south and east of the end of Calumet Street (William Johnson) A91-{)9; LUP 91-10 Request - Annexation, Land Use Plan and Zoning designations LAND USE PLAN: From: Unclassitied To: Industrial ZONING: IL (Limited Industrial} Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. BiU Johnson, applicant. stated for years he has not had space for people to park, purchased this land for such purpose. and is bringing tlw balance of the propcrty illlO the city. No persons appeared in support of or in opposition to the abovc request. Motion was made by r.,-Ir. !'I-lazur, and s~l.:onded hy t\1r. Carassas. to aflpro\'c lhe ahove request. Motion ~"---' carried unanimously (6 to 0). P &. Z MINUTES ., 09-17-91 IIff.t4. r, ~ f' "-., I 'l..._. \..- G. BOARD AND STAFF COMMENTS Mr. Hamilton questioned Gionis Pluzu changing their sign to retlcct a restaurant. ts their liquor license an APS package store which would not allow them tu scrve for consumption on premises? Mr. Carassas stated he had becn a customer and they du not scrvc alcoholic bevcrages on premise. Per Mr. Shuford, with Fritz's market coming in as a restaurant/dcli, this will not enahle any more restaurant uses in this plaza as the parking requirements would not accomodate adtlilinnaJ restaurant llses. Mr. Carassas commented on the number of rcsidcnts coming from Clearwiller Puint and the general unpreparedness of the applicant. Mr. Carassas asking that this complaint he a matter or record, adviscd that he had attended his church, Holy Trinity, behind Calypso Bay, on Salunlay night when he encountered three males tossing bottles and urinating on church property. Mr. Shuford advised t.hat Board members had in their packets the new Research Dcvdopment and Office Park as approved by the City Commission. Pick Kwik has appealed and there will he a hearing in November. Board members. if they have mH previously attended a hearing. may wish to as this is an interesting procedure. Details will he given at the next Planning ami Zoning Board meeting. The meeting was adjourned at 5:03 p.m. ) O-U--- 1 t0tJ~ Jam~s M. . ning & Development ,', P & Z MINUTES s 09- t i -9 I . ....... '. ~. L .... ' . ~ . ~ .' . I .: '~.": ~ . . . .' :. . . . . ~ .