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09/19/1989 MINUTES PLANNING & ZONING BOARD TUESDAY, SEPTEMBER 19, 1989 - 1:30 PM Members Present: Vice Chairman Nixon, Messrs. Green, Hamilton, Mazur, and Schwob Members Absent: Chairman Johnson and Mr. Ferrell A. Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the minutes of the August 1, 1989 meeting as written. Motion carried unanimously (5 to 0). Vice Chairman Nixon outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard 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 appealing a decision of this Board to have a record of the proceedings to support the appeal. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. B. Conditional Uses:  1. (CONTINUED FROM 6/27/89, 7/18/89 and 9/5/89) Lot 1 less south 385 feet, Sever Park (880 U.S. Hwy. 19 South) South Gate Park, Inc./Tondelli Engineering CU 89-42 Request - Outdoor Commercial Recreation/Entertainment Zoned - CH (Highway Commercial) Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Mr. Timothy Johnson, representative of applicant, stated applicant is proposing an 18-hole golf course on U.S. 19 and adjacent to South Gate Mobile Home Park. He advised the go-kart track has been eliminated from the original request and the retention pond has been moved. He also advised there will be no golf play on the rear 40 feet of the property and lighting will be focused toward the course. He further advised that applicant met with the mobile home park residents who advised their concern was the internal roadway being used for ingress/egress and parking by customers of the golf course. He stated applicant agreed to landscape the rear portion of the property so that parking may not take place. He advised there was discussion whether residents could use the parking lot of the golf course as an ingress/egress and the residents generally felt that a concrete island at the south entrance would discourage right-hand turns and use of the internal driveway. He stated residents also requested that after construction is completed applicant provide some lighting for people walking within the mobile home park. In opposition to the above request, the following persons appeared to give their comments: Mr. Donald Alcokoe, South Gate Mobile Home Park resident, stated he is neither in support nor in opposition to the request, and he confirmed there was a meeting between the applicant and the residents of the mobile home park. He felt all questions were answered to the residents' satisfaction and stated, if the applicant performs in the manner indicated, there should be no problems. Mr. Carl Bazzel, South Gate Mobile Home Park resident, stated he does not wish to be in opposition but felt the applicant must keep in mind the severe drainage problem in the mobile home park. He advised he checked with other golf courses in the area and management of the golf courses felt being opened after 10:00 PM could lead to problems. Mr. Bazzel felt a 10:00 PM closing would be appropriate. In rebuttal, Mr. Johnson stated drainage issues will be addressed at the site plan review level. He stated drainage will be no worse after completion of the project and he was hopeful drainage would be better. He also stated applicant operates 5 other locations. He advised the golf courses are family-type facilities and applicant will do what is required to make sure rowdiness does not occur. He also advised the midnight is the standard time for closing this type of operation. Mr. Johnson advised residents that everything will be done to see that rowdiness does not occur, but he did not agree with the mobile home park residents that the operation should close at 10:00 PM. After questioning by Board members, Mr. Johnson advised as follows: No alcoholic beverages will be sold nor will drinking be permitted at the facility; the water will be recirculated within the course; in-ground speakers will be used; an African theme will be used at the facility but music is unknown at this time; in-ground speakers do not carry noise and the golf course will be located toward the front of the property; it takes approximately one hour to play 18 holes of miniature golf; and, no one will be admitted after midnight with play finishing about 1:00 AM. In opposition rebuttal, Mr. Carl Bazzel expressed concern about the speakers being loud late at night. Ms. Nixon advised complaints should be directed to the Police Department. In final rebuttal, Mr. Johnson stated applicant is willing to discontinue use of speakers at 10:00 PM if noise becomes a problem. Mr. Schwob felt is was commendable that the applicant met with the residents of the mobile home park. He felt that the zoning on the property could allow a more destructive use on the property than a golf course and felt the proposed use was the least disruptive to the neighbors. Ms. Nixon stated another use was required to close at 11:00 PM with play finishing at 12:00 midnight. Mr. Schwob felt it was not necessary since both parties are communicating with each other. Motion was made by Mr. Mazur, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) The time limitations placed on the certified site plan and the preliminary plat. Motion carried unanimously (5 to 0). 2. (CONTINUED FROM 9/5/89) M&B 89-65, Sec. 10-29-15 (1045 North Greenwood Avenue) Willow Run, Inc. CU 89-65 Request - 4-COP-SR (On Premise Consumption and Package Sales of Beer, Wine and Liquor) (Change of Business Ownership AND Expansion) Zoned - RM-24 (Residential Multiple Family) With PROPOSED REZONING TO CNG (North Greenwood Commercial) Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation. Mr. John Hubbard, attorney representing A.A.J.R. Enterprises, stated the issue before the Board is a change of business ownership. He stated the change of business ownership will be positive and the new name of the establishment will be the New Fountain Restaurant and Lounge. He also stated there have been no police reports since the ownership has changed. He advised Mr. Long hopes to be one of the catalysts to change the North Greenwood neighborhood and he is one of the first to put substantial capital into the neighborhood. He also advised the establishment will now include a catering service and package store adjacent to the restaurant. Mr. Hubbard stated Mr. Long has already committed $275,000 to the business, $10,000 of which is for immediate changes to the property. He stated the establishment will be oriented more to a nightclub operation rather than a bar operation. He stated the major change in the establishment will be the people involved in the operation and Mr. Long wants to offer quality food and entertainment and improve security. He also stated fresh flowers will be used and more formal clothing will be required on weekends, both of which should make patrons feel safe and good about the operation. Mr. Johnny Long, applicant, stated it was unfortunate he could not appear at the first meeting but he felt is primary concern was the operation of his business. He stated he owned a small club in New Jersey and after he bought that operation he turned it into a community based and operated club. He also stated he has lived in the City for 6 years and he worked on the North Greenwood project. Mr. Long explained he began cleaning up the subject establishment after settlement on the property and he advised he and his wife approve menus and oversee preparation of food. After questioning by Mr. Schwob, Mr. Long advised he will be the only male person involved in the operation of the business and he felt if there were problems at the establishment it is the City's problem. He further stated he felt it is unfair to question how he will handle security because the establishment will be a restaurant with alcoholic beverages provided. He stated the operation will eventually be very professional and no violence will be used. Mr. Hamilton clarified that the Board is not questioning Mr. Long's intention with the New Fountain and the Board is a strong supporter of the North Greenwood revitalization. Mr. Hamilton advised Mr. Long that the gentlemen who presented testimony at the first meeting was very evasive and the Board could not make a judgement based on evasive answers. He felt Mr. Long was doing a good job and should be commended but the gentlemen was not cooperating with the Board and was antagonistic. Mr. Mazur advised the gentlemen stated there would be a bouncer at the establishment. Mr. Long stated he has power of attorney for the corporation and the gentlemen who appeared at the previous meeting was here only because someone needed to be present. Ms. Nixon clarified the Board felt it had not received clear answers to its questions at the previous meeting. Mr. Green stated that architect that appeared did a fine job but he was not able to answer questions regarding the operation of the establishment. Mr. Long stated he wants an establishment that is extremely attractive, particularly because this is the first operation to be revitalized in the North Greenwood neighborhood. No persons appeared in support of or in opposition to the above request. After questioning by Ms. Nixon, Mr. Long advised as follows: Two of the other partners in the corporation are in New Jersey; he has been working 1 1/2 years to purchase the subject establishment; and, the manager, who was rehired and worked at the previous operation, could only act as manager in the previous owner's absence. After further questioning by Ms. Nixon, Mr. Long advised the July 25 police incident involved the manager being roughed up and Mr. Long detained the man until the police could get to the establishment. He also advised the June 27 incident was a customer stole money from another customer and Mr. Long called the police. Ms. Nixon expressed concern about a bar being too close to residents. Mr. Long stated there are only a few things in a black community that make money and one of those is the sale of alcoholic beverages, which he felt does not necessarily need to be a negative. After further questioning by Ms. Nixon, Mr. Long stated he felt there was no exposure from the North Greenwood Police Substation and sometimes police incidents have nothing to do with the bar. He felt some of the calls may have been false calls to the police and the police report does not indicate which calls were false or which calls had nothing to do with the bar. He also advised he will not hire security because if he needs security he will leave the operation. He felt if he could not control the establishment he should not have it. He also felt if every tavern owner is required to provide security he will provide security. Mr. Hamilton stated the Board's questions were previously not answered satisfactorily but Mr. Long is extremely sincere. He stated he is reasonably comfortable with the proposed project if Mr. Long's family is involved in the business. He felt Mr. Long should not be held responsible for drug problems. Motion was made by Mr. Hamilton, seconded by Mr. Green, to approve the change in business ownership subject to 1) a continuous landscape buffer of 5 feet be provided along the south property line between the apartment complex and the expanded building, and 2) the requisite occupational license be procured within 6 months; and, to approve the expansion of the business subject to 1) finalization of the pending rezoning of this property to North Greenwood Commercial District and associated land use plan amendment to Commercial Tourist Facilities, and 2) the requisite building permit be procured within 6 months of the finalization of the rezoning and land use plan amendment. Motion carried (4 to 1) with Ms. Nixon voting "nay." Ms. Nixon stated she hoped the applicant is able to accomplish what is intended for the operation. 3. (CONTINUED FROM 9/5/89) Lots 2 & 3, Miller's Replat (7 Rockaway Street) Charles and Ypapanti Alexiou CU 89-67 Request - Rental of and Instruction for Non-Motorized Watercraft AND Rental of Parasailing and Wave Runner Equipment Operating Seaward of Designated Swimming Area in AL/C (Aquatic Lands/Coastal) Zone Zoned - CR-28 (Resort Commercial) Mr. Hamilton declared a conflict of interest (see attached) and advised he would not take part in the discussion or vote on the subject request. Since Mr. Hamilton declared a conflict of interest, there was no quorum to hear the above request and it was continued to the Planning and Zoning Board Meeting of October 3, 1989. 4. M&B 42.07, Sec. 15-29S-15E (719 South Missouri Avenue) Edmund & Therese Morrissey/Greg Mackin CU 89-68 Request - Vehicle Service (Minor Automotive work and Repair) Zoned - CG (General Commercial) Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Mr. Greg Mackin, real estate agent for the property owner, showed photograph samples of the proposed building and he explained the surrounding uses. He felt the use is in compliance with the zoning district. After questioning by Mr. Schwob, Mr. Mackin advised he has no objection to not permitting major repairs. He listed repairs proposed to be done at the property and stated vehicles are to be repaired within one hour to avoid customers having to wait or return for vehicles. He advised all repairs are done without removal of major engine parts. He clarified there will be no overnight parking. Mr. Schwob stated there appears to be no problem with the project. After questioning by Ms. Nixon, Mr. Mackin stated plans are to have a wooden fence across the east side of the property and applicant would have no problem if fencing is required. No persons appeared in support of or in opposition to the above request. Mr. Schwob felt the one letter of objection referred more to a full service type operation. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the building permit be obtained within six (6) months; 2) That no major repairs be performed on the property; and 3) That a buffering fence be installed between vehicle service facility and property to the east. Motion carried unanimously (5 to 0). 5. Lot 8 and Part Lot 9, Blk. C, Clearwater Beach Park 1st Add. Replat (463 East Shore Drive) Paschoalina Callis Potter CU 89-69 Request - Marina (two liveaboard slips and one pumpout facility at existing marina) Zoned - CB (Beach Commercial) AND AL/C (Aquatic Lands/Coastal) Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Ms. Paschoalina Callis Potter, property owner, stated she is requesting two liveaboard slips. After questioning by Board members, Ms. Potter advised as follows: There is enough parking for 18 cars; she currently has two liveaboard rentals; and she understands approval will be contingent upon the Harbormaster's approval. In opposition to the above request, the following persons appeared to give their comments: Mr. Larry Sandefer, representative of adjacent property owner, stated as follows: there is not enough parking, garages were enclosed and are now being rented; the Sea Rescue works from the subject dock with 2 boats operating from one slip; the radios for the Sea Rescue are on all night to get calls; and, the adjacent property owner's customers have witnessed people urinating from the subject dock. Mr. Sandefer stated the adjacent property owner's customers are elderly and usually stay a long time. He stated the adjacent property owner's property value will be affected and the parking may be used by others. He also stated the City is now looking into some of these problems and possibly the Board should continue the request until other questions are resolved. Mr. Sandefer stated the proposed use will not be compatible with the surrounding uses. Mr. Ron Perrott, 1558 Belleair Lane, expressed concern about some of the things going on at the subject property, such as fights at night, selling parking spaces on weekends, and possible not enough parking. He stated the police have been called many times. He stated the Sea Rescue boats leave radios on all night and he does not know where sewage is currently being dumped. He felt it is not proper to have liveaboards all along Clearwater Beach. After questioning by Mr. Schwob, Mr. Perrott stated both the Sea Rescue and the liveaboards have been reported to the Harbormaster. Mr. Bill Held, Harbormaster, City of Clearwater, stated he did respond to complaints. He stated he contacted the property owner and advised her of the procedure to follow to get approval of liveaboards. He stated the applicant obtained 2 liveaboard temporary permits for 2 weeks and the boats are inspected for proper marine sanitation. He advised he explained to the applicant that conditional use approval could be obtained but she would need to provide pumpout facilities and parking. He stated the boats currently do have proper sanitation facilities. After questioning by Board members, Mr. Held advised as follows: The Sea Rescue boats have been reported to City Staff and Occupational License is investigating; the Sea Rescue request would need to go before this Board; the temporary liveaboard permits have expired; there are those who do use pumpout station and those who do not; the Harbormaster's office must look at the condition of the boats to see of the liveaboards are responsible people; and, the Harbormaster's office had to issue a notice of violation to get applicant to apply for temporary permits. He further stated his office must rely on boaters to see sewage is disposed of property as the City has no way of monitoring to see if sewage is being disposed of properly. In opposition rebuttal, Mr. Sandefer stated he felt there is a bad track record with liveaboards and he felt permits were only obtained when applicant was forced to do so. He felt allowing the liveaboards would not be a good precedent to set. In opposition rebuttal, Mr. Perrott stated after he complained to the Harbormaster he was not advised that the situation was being worked on. In final rebuttal, Ms. Potter stated the liveaboards are two single men who go to the marina each day to dump sewage. After questioning by Board members, Ms. Potter advised as follows: She only rented out 2 parking spaces 2 years ago; she has 7 rental units; the Sea Rescue people rescue boaters stranded in the water; she does not know if the Sea Rescue charges for its efforts; and, she charges the Sea Rescue $50 a month for each boat. Ms. Nixon advised applicant conditional use approval for commercial use at the location would be required. Mr. Schwob stated liveaboard requests are a delicate situation because of the sewage disposal and noise. Mr. Green stated because of the closeness of the adjoining property owners and the concerns about parking he would have a difficult time in approving the request. Mr. Hamilton expressed concern about the aesthetics of the liveaboard situation and felt there may be many requests to allow liveaboards if the use is approved. He stated he cannot support the request due to the noise, compatibility, and parking. Mr. Hamilton felt more dock space was needed but not more liveaboard space. Mr. Mazur stated that requests for docks this Board reviews have been approved with a condition that there be no rental slips for persons other than occupants and felt this Board would not be consistent if it approved the request. Motion was made by Mr. Schwob, seconded by Mr. Mazur, to deny the above request. Motion carried unanimously (5 to 0). The Board recessed at 4:10 PM and reconvened at 4:15 PM. C. Annexation, Zoning, Land Use Plan Amendments, and Local Planning Agency Review: 1. Lot 16, Grove Circle Sub., (Located at the southwest corner of the intersection of Grove Circle and Highland Avenue) (South, Aguiar & Bishara) A 89-16 Request - Annexation and Zoning RS-8 (Single Family Residential "Eight") The above property is located at the southwest corner of the intersection of Grove Circle and Highland Avenue. Mr. Jules Bishara, one of three partners, stated applicant want to expand the property and there would be no negative impact on the neighborhood. He also stated annexation is requested in order to received City sewer services. He stated a conditional use request to expand the ACLF will be presented at a later date. Ms. Nixon advised Mr. Bishara that approval of the annexation does not guarantee that a conditional use request to expand the ACLF will be approved. Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Mazur, to recommend approval of the annexation and RS-8 (Single Family Residential "Eight") zoning. Motion carried unanimously (5 to 0). 2. Lot 25, Crystal Heights Sub. (Located on the west side of K Street, 100 feet south of the intersection with Bay Lane) (Harding) A 89-17 Request - Annexation and Zoning RS-8 (Single Family Residential "Eight") The above property is located on the west side of K Street, 100 feet south of the intersection with Bay Lane. The applicant was not present. Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, seconded by Mr. Schwob, to recommend approval of the annexation and RS-8 (Single Family Residential "Eight") zoning. Motion carried unanimously (5 to 0). 3. Lot 26, Crystal Heights Sub. (Located on the west side of K Street, 20 feet south of the intersection with Bay Lane) (Walker) A 89-18 Request - Annexation and Zoning RS-8 (Single Family Residential "Eight") The above property is located on the west side of K Street, 20 feet south of the intersection with Bay Lane. The applicant was not present. Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Mazur, to recommend approval of the annexation and RS-8 (Single Family Residential "Eight") zoning. Motion carried unanimously (5 to 0). 4. Lots 5 through 7, Blk. B, Norwood Sub. (Located at the southeast corner of North Myrtle Avenue and Marshall Street) (Okuboye and Zayyad) LUP 89-10 Z 89-12 Land Use Plan: FROM: Low Density Residential TO: Residential/Office Zoning Atlas: FROM: RM-8 (Multiple Family Residential "Eight") TO: OL (Limited Office) The above property is located at the southeast corner of North Myrtle Avenue and Marshall Street. Dr. Okuboye, applicant, appeared to answer any questions the Board may have. After questioning by Ms. Nixon, Dr. Okuboye advised he was not required to pay a second application fee. Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. No persons appeared in support of or in opposition to the above request. Motion was by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the Land Use Plan amendment from Low Density Residential to Residential/Office and a Zoning Atlas amendment from RM-8 (Multiple Family Residential "Eight") to OL (Limited Office). Motion carried unanimously (5 to 0 ). F. Board and Staff Comments Ms. Nixon requested if a policy similar to the amortization of the sign ordinance policy could be instituted to require all dumpsters be enclosed. Mr. Hamilton advised the appeal of Pick-Kwik will be heard before the hearing officer on September 22, 1989. Meeting adjourned at 4:35 PM. _________________________________________________ James M. Polatty, Jr., AICP, Director Planning and Development Department