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01/08/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, JANUARY 8, 1991 Members Present: Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Gans, Hamilton, Mazur, and Schwob Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Doreen Feldhaus, Recording Secretary Chairperson Johnson 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. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. REQUEST FOR EXTENSION - M&B's 33.03 & 33.04, Sec 17-29S-16E (1051 U.S. Highway 19 S) Gateway Marine, Inc./Gateway Investments (Maximo Motors), CU 90-44 Request - 1) Vehicle Service; 2) Outdoor Retail Sales, Displays and/or Storage Zoned - CH (Highway Commercial) Mr. Shuford stated staff received a request for a six (6) month extension for the above item. He noted this is the first extension requested for this conditional use permit which was granted July 17, 1990. Mr. Shuford advised the letter from the applicant states they are preparing to sell the property and are not pursuing construction plan approval at this time. Mr. Shuford stated staff recommends approval of the six (6) month extension. Harry Cline, 400 Cleveland St., applicant's representative, stated applicant was before this Board six months ago on this issue with an application to put a building to house the already approved car facility. Mr. Cline advised that they have prepared final plans and have now received an offer to sell the land. Mr. Cline stated the sale is currently under negotiation and for that reason they are requesting the extension. In response to questions by the Board, Mr. Cline stated the conditional use permit approval was limited to the present corporation and if the property is sold the use would probably not be the same. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve a six (6) month extension from the date of this public hearing. Motion carried unanimously (7 to 0). 2. REQUEST FOR EXTENSION - Lots 1 and 2, Blk I, Skycrest Unit 9, AND part of Tract A, Central Park Resub, (2045 Drew St.) Skycrest United Methodist Church, Inc., CU 90-45 Request - Child Daycare EXPANSION Zoned - P/SP (Public/Semi-public) Mr. Shuford stated the applicant submitted a letter requesting a three (3) month extension in order to obtain a certificate of occupancy and that staff has no problem with this request. Alan Gaylord, Associate Paster, 2045 Drew St., stated that in July of 1990 they came before this Board with a request to expand their day care facility for "Mothers Morning Out" from one day to 3 days which was approved. Mr. Gaylord stated at that time they felt six months would be sufficient time, however the extension is now needed to obtain the fire inspection. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve a 3 month extension from the date of this public hearing. Motion carried unanimously (7 to 0). 3. Continued from 11/27/90 and 12/11/90 - Lots 72-79, Clearwater Beach Park (454 Mandalay Ave.) Michael N. Kamberos and Alexander and Mary Dervech (Beach Bar & Lounge), CU 90-85 Request - To permit on premise consumption and package sales of beer, wine and liquor Zoned - CB (Beach Commercial) Mr. Johnson stated a letter has been received withdrawing this request. Mr. Shuford stated staff recommends approval of the withdrawal. In opposition, John H. Pinenidis, 47 Papaya St., stated he has a petition in opposition signed by 95% of the property owners in the area. Mr. Gans stated this item is being withdrawn at this time and felt Mr. Pinenidis should keep the petition to present if this request should be reapplied for at a later date. Mr. Pinenidis agreed he will wait to see if the applicant reapplies for this conditional use. Joseph H. Fletcher, Sr., President of Flamingo Apartments, stated he has lived and conducted business behind the Beach Bar for 30 years and the Dervech building since it was built 25 years ago. He stated he realizes that the Beach Bar and connecting restaurant are grandfathered but if it reopens it must not be allowed to operate the way it has in the past. Mr. Fletcher stated they have experienced many problems with the operation of this business which include the following concerns: excessive noise by employees emptying trash at 2:00 a.m. daily; a door being opened on the north wall of the building, the disruptive conduct by patrons leaving the facility; excessive noise by employees throwing glass bottles into recycling containers; and the dumpsters, recycling containers and grease tanks being located under bedroom windows. Mr. Fletcher stated that this business should not be permitted to reopen, however if permitted to reopen dumpsters or grease tanks should not be permitted in the area of living quarters, the back door of the bar should be for emergency use only, the business should be required to close at midnight and no dumping of trash permitted after 11 p.m. Motion was made by Mr. Schwob, and seconded by Mazur, to withdraw this item as requested by the applicant. Motion carried unanimously (7 to 0). 4. Continued from 12/11/90 - M&B 44.03, Sec. 31-28-16 (2160 U.S. 19 N) Bank of Boston (Hard Times Cafe), CU 90-88 Request - To permit on premise consumption of beer, wine and liquor Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford stated this item was continued from the last meeting and that staff has determined the request is a valid nonconforming use. Mr. Shuford noted one letter of objection was received. Discussion ensued regard the grandfathering of the alcoholic beverage and occupational licenses. Mr. Shuford explained that the occupational license for Melons remained active through September of 1990 and that a year had not passed since the expiration of the occupational license. Therefore, there is no need for a separation distance variance. Dale Schmidt, 1405 Seabreeze, stated at the last meeting there was concern expressed about problems with traffic and fences. Mr. Schmidt presented pictures of when the previous restaurant operated at this location showing that everything was being done that Hillcrest had asked them to do. Mr. Schmidt noted there were also questions regarding sewage and odors. He advised the business has been open for 2 weeks having passed Health Department and all other required inspections. Mr. Schmidt noted that it was stated at the last meeting that the apartments behind the business are not rentable, and he has since found out that the apartments are currently rented and occupied. Mr. Schmidt presented a letter from Claude Miranda who formerly worked at Melons (attached). In regard to accidents, Mr. Schmidt noted that it was stated at the last meeting that many accidents were caused by patrons of Melons and other establishments in the center; however, in the last three weeks there have been two accidents at this location and there have not been any alcoholic beverages sold. Mr. Schmidt stated this business is a restaurant not a bar, and that many clients who come in daily for lunch and dinner are from Hillcrest Villas and that customers are asking when they will be able to have an alcoholic beverage with their meals. In response to questions by the Board, Mr. Schmidt stated he and his partner, John Goldman will be managing the business, along with a kitchen manager. Mr. Schmidt added he will work 11:00 a.m. to 6:00 p.m. and Mr. Goldman works from 6:00 p.m. to closing at midnight. Mr. Schmidt stated he has experience working in restaurants and has been a resident of the community for 30 years. Jay Zschau, 28050 U.S. 19 No., attorney representing the Bank of Boston (property owner), stated it is the intention that this will be the only restaurant and the only facility selling alcoholic beverages on the property. The major problems in the past seem to have been created from T. W. Bobbers, which was a "biker" bar and some from Melons and Rascals. Mr. Zschau stated this business is entirely different, it is a family oriented restaurant and should not be confused with the "Hard Rock Cafe". In response to questions by the Board, Mr. Zschau stated: T. W. Bobbers has not been in business at that location since February, 1990; a six month trial period is not a problem; there will be no entertainment; and that a 1:00 a.m. closing time as a condition would be no problem. In support, Alan Nease, 12760 Indian Rocks Road, #555, stated he has been a resident for 22 years and has applied for a position as a bartender/waiter at the Hard Times Cafe. He stated he has worked as a bartender for 2½ years and has been trained at the International Bartending Institute, which included the handling of customers. In opposition, Paula Roman, 2340 Main St., Suite L, Dunedin, representing Hillcrest Villas Condominium Association, stated she prepared a summary of incidents from 1984 - 1990 in which it is noted whether the incidents were alcohol related. Ms. Roman discussed a length the history of the occupational license for this location, involving Melons and Rascals and expressed concern whether the licenses were valid at that time. Ms. Roman asked the Board to consider the Standards for Approval which include not only vehicle safety but that the use of the property should not adversely effect the value or use and enjoyment of adjacent properties which is a problem in this case. Ms. Roman felt it is significant to consider how employees and management will handle people who have had too much to drink. Ms. Roman added she felt traffic is a serious problem and that there will be more problems at this intersection if this request is approved. Discussion ensued regarding the "grandfathering" issue. Mr. Shuford stated that the "grandfathering" issue is referring to the separation distance variance. He noted a 4COPSRX license is allowed within a very limited distance from a residential zone in this zoning district as long as the doors are not within 65 feet of the zone. Mr. Shuford added that a separation distance variance is not needed for this request. In response to questions by the Board, Ms. Roman stated odor problem in the past was caused by grease overflowing from the grease trap into the parking lot and onto her clients' property and even if this problem is corrected it would only solve part of the problems. She stated other problems included customers from this location wandering over to Hillcrest property and "abusing" the pool. Ms. Roman stated that ever since there have been restaurants at this location there have been problems and that this situation is very troublesome to the residents of Hillcrest Villas. In support rebuttal, Alan Nease stated this is a family restaurant and that a bartender/waiter takes responsibility in good customer service and should establish a good rapport with them. In response to questions by the Board, Mr. Nease stated customers who appear to have had enough to drink will be handled in a friendly manor which usually gets a friendly response in return. In opposition rebuttal, Paula Roman, stated she would call attention to the fact that one unit resident recently observed a vehicle going the wrong way regardless of the traffic signs now in place. She added that alcohol being served will only compound problems already existing at this location. In rebuttal, Jay Zschau stated that this establishment is not Melons or T.W. Bobbers, it is a restaurant that caters to families and that the rear doors are for emergency use only. In rebuttal, Dale Schmidt stated the grease is placed into two traps and there is no grease running into the parking lot, sidewalks or median. In response to questions by the Board, Mr. Schmidt stated a taxi service will be provided for patrons who needed it; and that servers will be dressed in cotton pull over shirts and walking length shorts. Discussion ensued with the Board members expressing concerns including the following: imposing a trail period, the Bank of Boston guarantee that this will be the only alcoholic beverage establishment in the center. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months of this public hearing; 2) The approval shall be for a six (6) month trial period from the date the occupational license is obtained, after which the Board shall review police activity reports associated with the subject property to determine if continued approval is warranted; 3) The restaurant shall close at 1:00 a.m daily; and 4) No deliveries shall be made before 7:00 a.m. or after 10:00 p.m. Motion carried 6 to 1, with Ms. Nixon voting "nay". 5. Continued from 12/11/90 - Lots 8-10 and part of vacated alley to the north, Blk. 8, Bay View City Sub. (3006 Gulf to Bay Blvd.) Thanh Phuoc, Nguyen and Kimtruc Thi Nguyen (Baby Dolls), CU 90-90 Request - To permit on premise consumption of beer and wine Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford explained that this request was continued so that the operator of the business could be present to provide additional information on how the business will be run; and to allow staff the opportunity to research the owner's background and other establishments owned by Mr. Ward in the Orlando area. Mr. Shuford stated he had received the information from the past 3 years from the M.B.I. office on three establishments operated by Mr. Ward: the Centerfold Lounge - 9 arrests; D.G.'s Lounge - 12 arrests; and Bourbon Street Lounge - 13 arrests. Mr. Shuford stated these arrests were M.B.I. adult entertainment code violations and State violation dealing with lewdness. No persons appeared in support of or in opposition to the above request. The applicant was not present, therefore the item was continued to the end of the meeting. The applicant was not present at the end of the meeting. Discussion ensued regarding whether it would be appropriate to deny this request since the applicant was properly notified and did not appear. Motion was made by Mr. Mazur, and seconded by Ms. Nixon, to continue the above request to February 5, 1991. Motion carried unanimously (7 to 0). C. CONDITIONAL USES 1. M&B 13.02, Sec. 01-29-15 (1911-1915 N. Hercules Ave.) Markos & Maria Poniros (Boomerang's Cafe), CU 91-01 Request - To permit on premise consumption of beer, wine and liquor Zoned - CN (Neighborhood Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. George Greer, 600 Cleveland St., Suite 685, applicant's and owner's representative, stated in 1988 this Board approved a 4COPSRX license for this facility. Since that time, Mr. Zuccolillo won a 4COP license in a drawing by the State Alcoholic Beverage Commission. Mr. Greer stated there have been no changes, nor will there be any changes to the business. Mr. Greer added there is no problem with the staff's recommendation. Michael Zuccolillo, 1652 Beachway Lane, Odessa, Florida, applicant, stated that the entertainment consist of a big screen television on which they show video tapes of games that take place at the nearby ballfields and 2-3 piece bands. Mr. Zuccolillo noted the business caters to blue collar clientele of an average age of 35. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) The applicant must obtain approval by the City Commission for a variance of 110 feet to allow the 4COP license designation 190 feet from a residential zone where a minimum of 300 feet is required; 2) The applicant shall maintain the existing kitchen facilities and operate such facilities to within one (1) hour of closing and a full time cook shall be employed; 3) The requisite occupational license shall be obtained within six (6) months of this public hearing; and 4) The use shall be restricted to on-premise consumption only with no package sales. Motion carried unanimously (7 to 0). 2. Lot 4, Clearwater Collection First Replat (21750 US 19 N.) Dayton Hudson Corp., Target Stores Division CU 91-02 Request - To permit outdoor retail sales, displays and/or storage (garden center) Zoned - CPD (Commercial Planned Development) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. David Palmquist, 1012 Colin Blvd., Great Lake, Wisconsin, representative for Target Stores, stated that the Garden Center was shown on the site plan and construction plans which were reviewed and approved by the City. In response to questions by the Board, Mr. Palmquist stated Target Stores are quality discount stores and represent an upgrade from K-Mart and Wal-Mart. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Gans, to approve the above request subject to the following conditions: 1) No temporary buildings, portable buildings, tents, stands, trailers, vending carts or like buildings or structures shall be utilized ancillary to the conditional use in accordance with Section 136.025(22)a; 2) No outdoor storage outside the area covered by the conditional use request shall be permitted; and 3) The requisite certificate of occupancy for the Garden Center shall be obtained within six (6) months from the date of this public hearing. Motion carried unanimously (7 to 0). 3. Lot 70, Lloyd-White-Skinner Sub (351 S. Gulfview Blvd.) Julie F. Tiernan (Seafood and Sunsets as Julie's) CU 91-03 Request - To permit on premise consumption of beer and wine Zoned - CR-28 (Resort Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford made note of a memorandum from Sid Klein, Chief of Police indicating over the past several years there have been no complaints or problems at this location. He added that a report from Traffic Engineering stated that a variance to the parking in this area of Clearwater Beach will add to the critical parking situation. Discussion ensued regarding what type of wall should be installed. George Greer, 600 Cleveland St., Suite 685, representing the applicant, stated it does not matter what kind of wall is used as long as it serves the purpose as a barrier to separate the outdoor seating area from the sidewalk and the driveway, however, they would like the option to design the wall to match the motif of the business. Mr. Greer stated for 3 years their record has been free of complaints and there has been no negative impact on the beach. Mr. Greer added that parking is not a problem, most of Julie's customers are walking customers. In response to questions by the Board, Julie Tiernan, 479 Eastshore Dr., applicant, stated the house next door is rented on a month-to-month basis and is used as an office; and that the seating does not come all the way to the drive so that the wall can be made wider at the entrance if necessary. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained with six (6) months from the date of this public hearing; 2) The landscaped areas on the north, east and south sides of the site shall be improved through the installation of additional landscape material as well as an irrigation system to ensure the survivability of any landscaping installed; the proposed landscape plan shall be approved by the Planning and Development Director and the Environmental Group Manager; all required landscaping and associated irrigation shall be installed within three (3) months of the date of this public hearing; 3) A 30 inch tall wall shall be installed as a barrier to separate the outdoor seating area from the sidewalk and the driveway; this wall shall be installed within three (3) months of the date of this public hearing; 4) The applicant shall obtain the required parking variance from the Development Code Adjustment Board; and 5) The applicant shall obtain the required alcoholic beverage separation distance variance from the City Commission. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW. NONE E. ELECTION OF PLANNING & ZONING BOARD OFFICERS Discussion ensued regarding election procedures and policies for the Chairman and Vice Chairman of this Board. Motion was made by Mr. Gans and seconded by Mr. Mazur to elect a new Chairman and Vice Chairman each year. Motion carried unanimously (7 to 0). Motion was made by Mr. Mazur and seconded by Mr. Hamilton to elect Mr. Schwob Chairman. Motion carried unanimously (7 to 0). Motion was made by Mr. Ferrell and seconded by Mr. Mazur to elect Mr. Hamilton Vice Chairman. Motion carried unanimously (7 to 0). F. CHAIRMAN'S ITEMS Mr. Johnson stated he sincerely enjoyed being on the Board since 1984 and serving as Chairman and that working with and getting to know all the Board members and staff was a very pleasant experience. G. DIRECTOR'S ITEMS Mr. Shuford stated that he had enjoyed working with Mr. Johnson, Chairman, and Ms. Nixon, Vice Chairman. H. BOARD AND STAFF COMMENTS Mr. Schwob stated he felt Mr. Johnson has been a very fair chairman and always treated everyone with the utmost respect. Discussion ensued regarding applicants coming before this Board for conditional use approval after already being open for business without conditional use permits; and transfers of ownerships involving alcoholic beverage licenses. Meeting adjourned 4:55 p.m. James M. Polatty, Jr., Director of Planning and Development WP\M010891.PZB