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07/16/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, JULY 16, 1991 Members Present: Chairman Schwob, Messrs. Merriam, Bickerstaffe, Carassas, Hamilton, and Savage (Mr. Savage arrived at 1:45 p.m.). Members Excused: Mr. Mazur Also Present: Scott Shuford, Planning Manager Pat Fernandez, 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. A. APPROVAL OF MINUTES Motion was made by Mr. Hamilton and seconded by Mr. Carassas, to approve the minutes of July 2, 1991 with two corrections. Motion carried unanimously (5 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (Continued from 6/18/91) M&B 11.05, 11.06 and 11.061, Sec. 19-29-16 (19666 US 19 N) Veta Louise Gillenwaters, Pamela Lee Colvin, Pauletta Lucille Rogers, Terri Lynn Presnell, Trustees, (Kenyon Power Boats), CU 91-48 Request - To permit outdoor retail sales, displays and/or storage Zoned - CH (Highway Commercial) Mr. Shuford read a letter from the applicant requesting a continuance until 8-13-91. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to continue the above request to August 13, 1991. Motion carried unanimously (5 to 0). 2. (Continued from 7/2/91) Lot 7 and part of Lots 8 and 9, Blackburn's Sub. (24530 U.S. 19 N.), George D. and Denise L.Baker, Rally Stores, Inc. f/k/a Pace Petroleum Corporation, Daniel and Barbara M. Palomino, Ferrellgas, Inc. f/k/a The Buckeye Gas Product Co., L.P. and Whiteco Industries, Inc., (Mountasia Family Golf) CU 91-52 Request - To permit outdoor commercial recreation/entertainment by expansion of existing facility to include bumper boats, kiddie cars and a batting cage. Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. A wall has been suggested rather than a landscaping buffer to provide adequate protection from noise. Two letters of objection were received. One is from Maynard and Neva Olson who objects to the noise and the other from Thelma and Winifred Stevens who objects to the noise and lights. Timothy A. Johnson, applicant's representative, 911 Chestnut Street, provided a site plan which shows the principal change with a wall rather the a landscape berm. He requested Mr. Alt answer questions regarding the numbers of boats, go carts, etc. Larry Alt, Whiteco employee, 1000 E. 80th Place, Merrillville, Indiana, stated there would be 6 batting cages, 16 bumper boats, 16 go carts (for the larger track) and 8 kiddie go carts (for the smaller track). In response to questions by the Board, Mr. Johnson suggested that an additional condition be added that the applicant abide by the sound level requirements in the Pinellas County Code to the extent that noise from the development affects residential property west of Lawson Drive. They are more stringent than the Clearwater code. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) A buffer shall be installed according to site plan submitted to the Planning and Board on July 16, 1991; and landscaping in accordance with City code and approved by the Environmental Management group shall be installed on the north side of the wall and in the area in which no wall is provided; 2) All lighting sources shall be located no closer than 50 feet from all adjacent residential properties, shall have less than 90 degree cutoff light source, shall be directed away from the residential areas, and shall have a height no greater than 25 feet; 3) The hours of operation for the kiddie cars and go carts shall be from 9:00 am. to 10:00 pm., however, if the applicant can demonstrate to the City Planning Department that the sound level generated by normal operation of the go cart track does not exceed 55 DBA, as measured at the nearest point on the west side of Lawson Avenue, then the applicant may operate the kiddie cars and go carts until 12:00 midnight; 4) Mufflers shall be installed and maintained on the go carts to reduce the noise emanating from this source and in no case shall the overall noise violate Chapter 96, Noise, Code of Ordinances for the City of Clearwater; 5) The applicant shall obtain City Commission approval for the associated annexation, rezoning and land use plan amendment for the subject property; and 6) Permitting schedules for the project shall be governed by the schedule established for the associated site plan; this site plan shall be certified within six (6) months for the date of this public hearing. Motion carried unanimously (6 to 0). 3. Continued from 7/2/91) Part of Lots 7, 8, and 9, City Park Sub., (56 Causeway Boulevard), City of Clearwater (Keramista, Inc./Beach Diner) CU 91-53 Request - To permit on-premise consumption of beer and wine. Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Steve Chandler, applicant, 1441 Joel Lane, stated he had better drawings and pictures to show the Board and explain his request for an outdoor patio. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Carassas, to approve the above request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six (6) months from the date of this public hearing; 2) Alcoholic beverage sales shall be limited to consumption on premises only, with no package sales; 3) The applicant shall obtain a variance for eight (8) parking spaces from the Development Code Adjustment Board; 4) The applicant shall obtain the requisite alcoholic beverage separation distance variance from the City Commission; and 5) The applicant shall continue to observe the City of Clearwater sign regulations. Motion carried unanimously (6 to 0). C. CONDITIONAL USES: 1. Lots 2-4, 24, 25, and part of Lot 1, Blk. B, Bayside Sub #5 (630 Gulfview Blvd. S) Elias & Helen Anastasopoulos (Jo-Go Amusement Center), CU 91-54 Request - To permit change of condition of previous approval for outdoor commercial recreation/entertainment to extend lights off to 1:00 a.m. rather than 12:00 midnight Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Harry Cline, representative, 400 Cleveland Street, stated the applicant operates a family-oriented facility and has met all the conditions previously set forth. He now wishes to extend his closing hours one hour as patrons have to be turned away due to insufficient time to complete their miniature golf game. In other instances patrons are given a rain check as the lights have to be turned off. Elias Anastasopoulos, applicant, 1600 Gulf Boulevard, stated they have a security guard there every evening to make sure noise is kept under control and there is no alcohol allowed. His son is the manager and a family member is present at all times. In support, Kelley Grant, 2773 Jeffrey Drive, Palm Harbor, states she has been employed there for nine months and stated their trade is predominately tourists who go the beach during the day and play miniature golf in the evening. Some are irate when told they have to close. Taso Anastasopoulos, 1600 Gulf Boulevard, stated he is the manager. Summer is their busy time and tourists usually keep late hours, preferring to play golf after dinner. In opposition, Robert Hantz, 640 Bayway Boulevard, stated he lives directly opposite the golf course and is against the extension request as the operation now exceeds the time limit for lights out. He feels that with an extension of lights out, the applicant will exceed that as well. The noise when someone achieves a hole-in-one is intense. Also in opposition, Les Novak, 620 Bayway, stated he owns a motel directly across the street and has problems sleeping due to the noise created at the golf course. He has lost clients due to this problem. Mr. Shuford advised 2 letters of opposition were received. Mr. Ross, representing the Continental Towers Board of Directors, suggested some lighting changes and Jeannine Wieber feels it is unnecessary to extend the hours. In rebuttal, Mr. Anastasopoulos, stated it takes 10-15 minutes to turn off the lights and empty the parking lot. In rebuttal, Mr. Cline stated the zoning is commercial and he believes they can coexist with the residential area. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to approve the above request subject to the following condition: 1) That the major golf course lights be turned off at 1:00 a.m. Motion carried unanimously (6 to 0). 2. Lots 14-17 and that part of Lots 12 & 13 lying southeast of Railroad right-of-way (520 D Street, Belleair) George L. Mallory, CU 91-55 Request - To permit noncommercial parking Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. George Mallory, applicant, 1375 S. Ft. Harrison, stated there were parking shortages in the area and this use would correct that. He does not feel there is a need for the handicapped parking spaces as this lot is one-half to one block away from the buildings it provides parking for. In support, Lois Cormier, 625 McLennon Street, is happy to see there will be sidewalks and beautiful landscaping. No one appeared in opposition to the above request. The Board agreed with Mr. Mallory's comments relative to the handicapped parking and the applicant stated he would contact the Traffic Engineer to discuss this. As a tradeoff, he would be willing to put more spaces at the building sites. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to approve the above request subject to the following conditions: 1) The plan shall be modified to show handicapped parking spaces if deemed necessary by the Traffic Engineer; 2) The parking lot must be landscaped to meet the current landscape code and approved by Public Works/Environmental Management; 3) The stormwater retention basin shall be approved by the City Engineer; 4) A Unity of Title shall be recorded unifying the subject property to Parallex Inc. site and the Coburn Optical Industries Inc. site; 5) The office vs. warehouse ratios for the sites to be served by the noncommercial parking shall be listed and shown on the plan. If any conversion of warehouse to office space takes place, an amendment to the Certified Site Plan shall be made; and 6) The parking facility shall be used for personal vehicles only. Motion carried unanimously (6 to 0). 3. M&B 13.02, Sec. 1-29-15 (1915 N Hercules Ave) Markos & Maria Poniros (Robert Palla/ Boomerang's Cafe), CU 91-56 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. Rob Palla, applicant, 1008 Oakview Avenue, stated they have purchased this business and have bought a residence here. He has restaurant experience from Canada. The previous owner will help as a consultant to aid in the transition. Michael Zuccoliollo, former owner, 1652 Beachway Lane, Odessa, stated his contract provides for the continued use of certified vendors having completed a state program to recognize intoxicated individuals, drug use, drug sales and service of alcohol to minors. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The applicant shall be restricted to on-premise sale of alcoholic beverages, with no package sales; 2) The applicant shall maintain the existing kitchen facilities and provide food service to within one (1) hour of closing; and 3) The requisite occupational license must be obtained within six (6) months of this public hearing. Motion carried unanimously (6 to 0). Mr. Bickerstaffe was excused at 3:30 p.m. 4. Lots 1 and 2, Clwr. Tower (33 N Garden Ave, #140) MAS ONE LTD. Partnership (600 Club Corp/Deli on the Park), CU 91-57 Request - To permit on-premise consumption of beer and wine Zoned - UC/C (Urban Center Core) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Elise Winters, representative, 600 Cleveland Street, Suite 620, stated they are very interested in the downtown redevelopment. The main hours will be breakfast and lunch but asked for the extra hours could be utilized for special occasions. They are in agreement with installing the fence and the accompanying sign. Kathy Wood, architect, 600 Cleveland Street, Suite 920, stated the landscape intent was to create a barrier to separate the seating area from the park. There is a knee wall which has plantings which will not screen the outdoor seating area. No persons appeared in support of the above request. In opposition, Lois Cormier, 625 McLennon Street, stated she is in opposition to any outdoor consumption of alcoholic beverages in this application because of its close proximity to a City park. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to approve the above request subject to the following conditions: 1) The sales of alcoholic beverages shall be restricted to consumption on premises with no package sales; 2) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; 3) The applicant shall obtain approval from the City Commission for a zero ft. variance to the 200 ft. separation distance from others 2-COP (Cleveland St. Cafe, Manos Place, and Firenze Ristorante) premises consumption sales establishments if deemed necessary by the Planning & Development staff; 4) The sale of beer and wine for on premises consumption shall be allowed until 11:00 p.m. seven nights a week; 5) If deemed necessary by the Director of Parks and Recreation, the applicant shall provide a fence/gate and/or signage on the property contiguous to the City property to prevent alcoholic beverages being taken outside to the City property; and 6) The site plan shall be amended to show the location of the fence should this fence be deemed necessary. Motion carried unanimously (5 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Part of Lots 8 & 9, Blackburn Sub, located on the west side of US 19 N, about 1,500 ft. north of Sunset Point Rd. (George D. and Denise L. Baker, Rally Stores, Inc., f/k/a Pace Petroleum Corp., Daniel and Barbara M. Palomino, and Ferrellgas, Inc. f/k/a The Buckeye Gas Product Co., L.P.) A 91-02, LUP 91-02 Request - Annexation, Land Use Plan and Zoning designations LAND USE PLAN: From: Unclassified To: Commercial/Tourist Facilities ZONING: CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. A letter of opposition was received from Maynard and Neva Olson who object to this rezoning in a highly residential area. Tim Johnson, Jr., representative, 911 Chestnut Street, stated they were requesting the appropriate land use and zoning. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to approve the above request. Motion carried unanimously (5 to 0). 2. An ordinance relating to the Land Development Code; creating a new division 23A within Chapter 135, Code of Ordinances, to establish a new Research, Development and Office Park District; establishing district size requirements, permitted and conditional uses, use limitations, and dimensional and numerical development requirements; amending Section 136.025, Code of Ordinances, to establish supplementary standards for the approval of business services, hotels/motels, manufacturing uses, marina facilities, personal services, residential shelters, and restaurants as conditional uses in the Research, Development and Office Park District. Mr. Shuford reviewed the proposed amendment and some possible changes to accommodate several light manufacturing uses. This ordinance was discussed with Mr. Rehm and he suggested a commercial trade school as an appropriate use. Gerald Rehm was present and briefly gave his comments on property which could become industrial income- producing property. The term panel truck is archaic. On outdoor storage, it is his view that every business is at one time or another forced to store outdoors and such temporary uses should be addressed in the ordinance. A practical application he mentioned would be for applicants to apply for a conditional use permit, with the storage of goods being screened and what is stored being specified. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to continue the above ordinance to July 30, 1991 meeting. Motion carried unanimously (5 to 0). G. BOARD AND STAFF COMMENTS Mr. Hamilton took a copy of the letter written to Mr. Mato and the response and faxed it to Representative Safley advising that alcoholic beverage establishments avoiding City conditional use requirements was a problem and asked if better coordination of local regulatory requirements through State agencies can be accomplished. Vacations between now and including the September 3, 1991 meeting were discussed and it is believed a quorum will be possible at all meetings. Mr. Carassas will be absent for the September meeting. The meeting was adjourned at 4:15 p.m.