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04/02/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, APRIL 2, 1991 Members Present: Chairman Schwob, Ms. Nixon, Messrs. Carassas, Hamilton, Mazur and Savage Members Excused: Mr. Ferrell Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Doreen Feldhaus, Recording Secretary Chairperson Schwob 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: NONE C. CONDITIONAL USES: 1. Part of Lot 4, Mosell Acres (2143 NE Coachman Rd) H. Jerome Koser and Judyth M. Colbeth-Koser, (Twin Oaks Adult Congregate Living Facility), CU 91-23 Request - To permit Level I Group Care (8 cared for adults and 3 nonresident supervisors) Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Judy Colbeth-Koser, 2950 Eagle Estates Circle West, applicant, stated they have been operating for 2½ months and were initially approved for six residents. She stated the facility is designed for 8 residents and would like to now be approved for eight residents. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Ms. Nixon, to approve the above request subject to the following condition: The requisite occupational license shall be obtained within 6 months from the date of this public hearing. Motion carried unanimously (6 to 0). 2. Lots 72-79, Clearwater Beach Park (454 and 458 Mandalay Ave.) Michael Kamberos and Alexander & Mary Dervech (Clearwater Beach Bar and Grill, Inc.), CU 91-24 Request - To permit on premise consumption and package sales of beer, wine and liquor Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and stated that eight letters of support were received. George Routh, 1446 Court St., applicant's representative, stated the adjoining restaurant is leased from Mr. Dervish, and that Mr. Kamberos owns the license and the bar/package store. Currently a contract to sell the business is pending to Mr. Gregory Musick. A Florida Corporation has been formed by the name of Clearwater Beach Bar and Grill and upon approval the stock and license will be transferred to Mr. Musick. This license is a "grandfathered" situation and negotiating the sale and obtaining conditional use approval must be done quickly to prevent the expiration of the grandfather time limit. He stated that the problems with this business in the past has been due to poor management. He added this is the best use for the land. In regard to a 12:00 midnight closing Mr. Routh felt this is unacceptable as the difference between 12:00 midnight and 2:00 a.m. would not have an unfavorable impact on public health or safety. Mr. Routh stated Mr. Musick is present to explain how the business will be run. Gregory Musick, 3957 Wellington Parkway, Palm Harbor, proposed purchaser of the business, stated that he does not plan to change the bar itself, but will change the way it is run. He stated it will be cleaned up and the interior improved. Mr. Musick stated management will make this business a positive addition to the community. He added he has hired a well qualified, experienced manager and the bar will be very strictly run. In response to questions by the Board, Mr. Musick stated a midnight closing would be a hardship, as there are several other bars in the area that close at 2:00 a.m. He added that there is no entertainment planned in the bar initially, however, in the restaurant they may have a single person playing folk music or island type music. Mr. Musick stated it is undecided at this time but felt the attire for servers in the restaurant will be shorts with a polo type shirts with the business name, and in the bar they will wear beach type shorts and T-shirts with the logo; and the servers will be open to both males and females. William Guarino, 118 Huntington Drive, Largo, proposed manager of the business, stated the problems with the business in the past have been due to not having a hands-on manager. They will have an in-house manager and patrons will not be served past the point of intoxication. Mr. Guarino stated the bar will be managed with an "iron fist" and they will abide by all laws. In support, the following persons appeared and expressed concerns including the following: Don Winner, 395 Mandalay Ave., stated he has known Mr. Musick for a long time and felt he is a reputable business man and is of good character. Mr. Winner stated that bars do not cause problems, the operators do. He felt that a midnight closing is not appropriate and the State requirements are sufficient. He felt Mr. Musick should be permitted to run the establishment under these guidelines; and if he does not, the City could close it down. Michael Houllis, 452 Mandalay Ave., owner of the Island House Restaurant, stated he also felt that the problems with this bar in the past was due to poor management and that under proper management this business could be an asset to the beach. He added a well run beach bar is needed in the area and that a midnight closing would be unreasonable as people who get off work late need a place to go and for people who are on vacation a midnight closing is too early. In response to questions by the Board, Mr. Houllis stated his business closes usually between 12:00 and 1:30 a.m. In opposition, John Pimenidis, 47 Papaya St., presented a petition with 16 signatures of surrounding property owners in opposition to the Beach Bar being allowed to reopen. Mr. Pimenidis stated there are over 25 bars and restaurants already selling alcoholic beverages in the area. There were many problems with the Beach Bar in the past including intoxicated people sleeping on their property and being outside after the bar closed until 3:00 or 4:00 a.m., and parking on the streets. If the bar is open after midnight it will not attract tourists, only attract waitresses, cooks and dishwashers. If the Board approves the request the bar should be required to close at midnight. Also in support, the following persons appeared and expressed concerns including the following: Ken Blaine, 651 Whethersfield Dr., Dunedin, stated he has personally know Mr. Musick for 14 years and that he felt he is capable of professionally operating the business. He stated he works late and would like the Beach Bar to go to at the end of the day without having to leave the beach. Barton Grigg, 13862 Turn Lane, stated he owned the store next door to the Beach Bar from 1987-89, and, even though it was poorly run, the bar helped his store be successful because it brought people to the area. He noted that since the bar has been closed, the store is not doing well. Mr. Grigg stated he felt a midnight closing is unfair because people will go to the Holiday Inn if they want a drink rather than to a local business such as the Beach Bar. Mr. Grigg added he knows Mr. Musick and felt he will run the business well. In rebuttal, John Pimenidis stated that none of the people who spoke in support live on Clearwater Beach and are not affected by the problems caused by this bar. He stated there are already too many bars and restaurants that serve alcohol in this area. In rebuttal, Mr. Routh stated the biggest plus heard today is that Mr. Musick is well know to be of good character and a good businessman and will run a favorable establishment. In response to questions by the Board, Mr. Musick stated that through good management, with himself and the manager on premises, customers will be watched closely for intoxication so that there will not be problems when they leave. Mr. Musick stated he will be a good, responsible neighbor. Discussion ensued with the Board members expressing concerns including the following: a trial period of a 2:00 a.m. closing, limiting package sales to 12:00 midnight, and the types of entertainment. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within 6 months from the date of this public hearing; and 2) No package sales permitted after 12:00 midnight. Motion carried 5 to 1, with Ms. Nixon voting "nay" because she felt there should be a 1 to 1½ year trial period for a 2:00 a.m. closing. 3. M&B 33.01, Sec. 8-29-15 and Lots 4-11, Columbia Sub (455 Hamden Dr.) Sea Stone, Ltd. (Marker "5" Marina, Inc.), CU 91-25 Request - To permit 1) marina specified commercial activities including rental of various watercraft, one chase boat and one six passenger boat: 2) outdoor commercial recreation/entertainment (bicycle rentals); and 3) temporary building, use not specified (tiki hut for equipment rentals) Zoned - CR-28 (Resort Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and noted that 2 letters of objection had been received. Daryl Seaton, 445 Hamden Dr., applicant, presented a letter of support from the Beach House Hotel and stated this request is to add an amenity for the guests of the hotel. He felt this will create a "resort" atmosphere in a quiet manner that would not have negative impact on the neighbors. He added the "Tiki Hut" will be located on the dock and storage will be under the building and will not take up any parking spaces. Discussion ensued regarding the exact location of the Tiki Hut. In response to questions by the Board, Mr. Seaton stated the hut will not be visible from the street, and that the service will be marketed to guests only but will rent to anyone who may walk up and request it. There will be no outside signs for advertising to the general public. Mr. Seaton added they will use the boat slips as a staging area which will allow for adequate parking. No persons appeared in support of the above request. In opposition, Doris Goldman, 450 So. Gulfview Blvd. #1204, stated she represents the residents of 440 West Condo Association and that they object only to the bicycles. She felt there is no place for people to ride safely and that riding on the roadway is too dangerous and would further complicate the traffic situation. She noted that a congestion of bicycles would be a hazard for pedestrians. In rebuttal, Mr. Seaton stated the car and bicycle traffic at the intersections is not the problem, rather the pedestrians. He felt lights for crossing are needed. In response to questions by the Board, Mr. Seaton stated full safety gear for rental equipment will be provided and required. Discussion ensued with the Board members expressing concerns including the following: the location and there being no signs or structures visible from the street. Motion was made by Mr. Mazur, and seconded by Mr. Savage, to approve the above request subject to the following conditions: 1) The applicant shall obtain requisite building permit for the Tiki Hut within six months of the date of this public hearing; 2) The applicant shall be restricted to the type and number of watercraft as specified herein: two windsurfers; two sunfish sailboats; two paddle bikes; two "Whisper Craft" (electrically powered boats); one chase boat; and one six passenger boat; 3) Any additional parking requirements and the storage location specified for the bicycles shall be approved by the Director of Planning & Development; 4) The Tiki Hut shall be subject to approval by the Fire Marshal and the City Building Official; 5) The applicant shall obtain an occupational license for the approved conditional uses; 6) The six passenger boat shall have a Captain in possession of a valid United States Coast Guard Captain license; and 7) The following rental watercraft shall be required to remain clear of the Clearwater Pass navigation channel: two windsurfers; two sunfish sailboats; two paddle bikes; and two "Whisper Craft" (electrically powered boats). Motion carried unanimously (6 to 0). 4. Lots 2 and 3, Miller's Replat (7 Rockaway St.) Charles and Ypapanti Alexiou/Anthony Alexiou (Penguin Palace), CU 91-26 Request - To permit on premise consumption of beer, wine and liquor Zoned - CR-28 (Resort Commercial) and OS/R (Open Space Recreation) Mr. Hamilton stated he has a conflict with this item and will not participate in discussion or voting. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Randy Milne, 1809 Fox Circle, applicant's representative, stated the existing deck was built in 1985 illegally prior to the Penguin Palace purchasing the business. The former owner later received all required approvals, and then the business changed ownership. Mr. Milne discussed at length the problems with obtaining the permit due to the DNR permit expiring. They are now ready to go forward with obtaining the permit. In response to questions by the Board, Mr. Milne stated they wish to expand the deck 30 feet to the south and that the business will be operated as it has for the past eight years. John Babin, 111 Bayside Drive, owner of the Penguin Palace, stated that they have had a difficult time attempting to procure this permit and invested money into the plans to expand the deck. The problems have occurred with the previous owner's representative and they were not aware the DNR permit had expired. He added they have complied with all rules and regulations to obtain the proper permits. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Ms. Nixon, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within one year from the date of the public hearing; 2) The applicant shall obtain the required variances from the Development Code Adjustment Board; 3) The applicant shall obtain the required variances from the City Commission; and 4) The applicant shall obtain the requisite permits from the state Department of Natural Resources. Motion carried unanimously (5 to 0). D. CHAIRMAN'S ITEMS Mr. Schwob stated that the City Commission will be presenting a certificate of appreciation to Mr. Johnson at their April 4, 1991 meeting. Mr. Schwob extended a welcome to the new Board members. E. DIRECTOR'S ITEMS Mr. Shuford stated that arrangements have been made with the Police Department to have photo identification cards made at 12:30 p.m. prior to the meeting of April 16, 1991. Mr. Shuford reminded the Board of the Board Appreciation Dinner on April 9, 1991 and introduced Etim Udoh as a new Planner I with the Planning and Development Department. F. BOARD AND STAFF COMMENTS Ms. Nixon commented that City code limits the number of flags allowed to two and that City Hall has four flags on display. Discussion ensued regarding the Board considering conditional uses and parking variances at the same time. Discussion ensued regarding setting standards for approval for live music/entertainment. Meeting adjourned at 3:55 p.m. James M. Polatty, Jr., Director of Planning & Development