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09/17/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, TUESDAY, SEPTEMBER 17, 1991 Members Present: Vice-Chairman Hamilton, Messrs. Bickerstaffe, Mazur (arrived at 1:37 p.m.), Merriam, Carassas and Savage. Members Excused: Mr. Schwob Also Present: James Polatty, Jr., Director Planning & Development Scott Shuford, Planning Manager Sandra Glatthorn, Senior Planner Pat Fernandez, Recording Secretary Vice-Chairman Hamilton 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 Mr. Carassas announced he was abstaining from any discussion and vote on this item as he was not present at the previous meeting. Motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe, 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 CONTINUED ITEMS: 1. Request for Extension - M&B 32.05, Sec. 2-29-15 (1453 Sunset Point Road) Anne M. Caballero CU 89-66 Request - Veterinary Office with Inside Boarding Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant is requesting an extension to a conditional 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 an extension exceeding six months since he may need the additional time to obtain a variance. Mr. Shuford felt a six month's period was reasonable as the applicant was given two years at his initial appearance before the Board. It is felt the applicant should be making some progress in getting the site developed. Also Sunset Road is having problems 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 to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) Extension granted for six (6) months from the date of this hearing with building permit to be obtained within same period; 2) The Certificate of Occupancy shall be obtained within one year; and 3) The site shall meet the current landscaping requirements of Section 136.023 of the City Code. Motion carried unanimously (6 to 0). 2. (Continued from 9/03/91) Request for Extension - Lots 118 and 119, Lloyd-White-Skinner Sub. (348 Coronado Dr.) Robert E. Malke (Rose Garden Restaurant) CU 91-18 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. George Greer, applicant's representative, 600 Cleveland Street, Suite 685, stated the applicant went to Europe when his mother became ill and needs the extension to return and firm up his commitments. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Merriam, to grant an extension of six (6) months from the date of this public hearing. Motion carried unanimously (6 to 0). 3. (Continued from 7/16/91 & 8/13/91) 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) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. A new site plan, which needs to be certified, was provided showing the revised display areas. Mike MacKenzie. applicant's representative, 28465 U.S. 19 North, Suite 200, stated the site plan submitted with their application was incorrect and the revised plan is within the greenspace code requirements. Brad Kenyon, applicant, 8306 Jana Drive, Odessa, stated boats would be placed on 15' x 15' foot pads. They would be trailerable, no wider than 8'6"; lengths would range from 15' to 26'. In response to questions from the Board, he stated the boats may extend beyond the pads. The Board expressed concerns about overhangs on boats and that such areas should be designated on the plan. They feel visual clutter was created when the applicant and neighboring businesses lined up their merchandise in a row near the property line on U.S. 19. The Board determined the staff will address the dimensions of the pad. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage, to approve the above request subject to the following conditions: 1) The applicant shall submit an amended signed and sealed site plan for recertification. The new site plan shall include revised calculations and percentages of all outdoor display areas, open space areas 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 for approval prior to certification of the amended site plan; 4) The applicant shall obtain variance approval from the Development Code Adjustment Board for any unpaved parking or display spaces; 5) The specific display pad areas shall be clearly indicated on the site plan and shall not be included in open space calculations; 6) The amended site plan shall be submitted for certification within six (6) months; 7) All storage areas shall be behind the required landscaped buffers along U.S. 19, in accordance with all current landscaping requirements of the Land Development Code; 8) There shall be a maximum of seven (7) boats displayed within the front yard area; and 9) No portions of boats or trailers shall extend over the designated display areas. Motion carried unanimously (5 to 1) with Mr. Merriam 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. Sec 15-29-15; M&B 34.01 and Sec 22-29-15 M&B 21.01, 21.02 and 21.12, Sunshine Mall (1200 S. Missouri Ave.) John S. Taylor, 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 background of the case and submitted, in writing, the staff recommendation. Jeffrey Hamilton, applicant's representative, 1201 6th Avenue West, 4th floor, Bradenton, stated the staff report is correct in advising that J. Byron's will become a new Phar-Mor and the package liquor store will be adjacent to it. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Bickerstaffe, and seconded 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 beverages shall be 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 1, Knollwood Replat (1430 and 1434 Cleveland 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 (Multiple Family Residential) Mr. Shuford gave the background of the case and submitted, 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 received from Philip Kolodziej and William T. Mooney. Thomas Leonard Isaacs, 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 resident's recreation and dining. He will be the full-time administrator and advised that plans are 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 resident of one of the existing 12 rooms with bath. A sprinkler system, if approval is granted, will be installed. No one appeared in support of the above request. In opposition, Darleen Kolodziej, 1450 Cleveland Street, stated she has lived across from this property for seven years. Mrs. Kolodziej and the neighbors have witnessed unkept premises, a stream of tenants of questionable character as the owner rented beds by the week, the property was zoned for four apartments however there were seven, and tenants were disorderly, obscene, and dealt in drugs and prostitution. Calls made regarding the conditions were unheeded. She stated she represents nine neighbor homeowners. While the plans are impressive, their major concern is who will live there and the success of the venture as she believes the market for ACLF's is flooded. The Red Cross advised that a live-in supervisor is only required to complete a one-day training course. The neighbors are opposed as to the uncertainty of how it will be managed and operated. She also had difficulty trying to verify employment shown on Mr. Isaac's resume. In rebuttal, 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 but that any conditions the Board attaches would become part of the zoning requirements for the property. The Board does not want to see this operated as a motel. Motion was made by Mr. Carassas, and seconded by Mr. Mazur, 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 the occupational license will be obtained within one year; 2) The facility shall not house more individuals per structure or within any one 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 shall be subject to initial and continuing compliance with all applicable requirements; 5) The applicant shall file 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 defined by state HRS), with the maximum number of client residents being 19, unless further limited by state requirements; 7) The property shall be fenced in accordance with City Code requirements with the intent being that at least a 30 inch tall fence shall surround the property perimeter except for vehicular access areas; 8) 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; 9) Once an occupational license is obtained for Level II group care, the facility shall remain licensed at all times. The applicant shall provide proof of this continuing licensing to city staff on at least an annual basis; 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, Sec 17-29-16 (2862 Gulf-To-Bay Boulevard), James J. 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) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. John Everett, applicant, 205 Highland Avenue South, stated he would like the Board to limit but not restrict entertainment. He advised there would be no live bands but he might like Karaoke or a disk jockey. His 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 seating, that any noise eminating from this location would not be a nuisance. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Savage, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months; and 2) There shall be no customer accessible alcoholic beverage display areas provided. Motion carried unanimously (6 to 0). 4. Lots 63 thru 66, 113 thru 117, and part of Lot 112, Lloyd-White Skinner Sub, (325 S. Gulfview Boulevard) Clara and Dorothy Boldog (Americana Gulf Motels Ltd.), CU 91-69 Request - To permit on-premise consumption and package sales of beer, wine and liquor Zoned - CR 28 (Resort Commercial) The applicant requested this item be continued. Motion was made by Mr. Carassas, and seconded by Mr. Mazur, to continue the above request to the meeting of October 1, 1991. Motion carried unanimously (5 to 0). 5. M&B 33.02, Sec 28-28-16 (2508A and 2508B McMullen Booth Road), John Hancock Mutual Life Insurance Company (BETCO Corp/Nortons Cafe), CU 91-70 Request - To permit on-premise consumption of beer and wine Zoned - CC (Commercial Center and OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Donna Coughlin, applicant, 5018 Bridgeport Drive, Safety Harbor, stated her location was a former Munchies and in order to make the business profitable, 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. Bickerstaffe, and seconded by Mr. Merriam, to approve the above request subject to the following conditions: 1) The applicant shall obtain an alcoholic beverage distance separation variance from the City Commission prior to obtaining any building permits or certificates of occupancy; and 2) The requisite occupational license shall be obtained 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, Bayside 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. Patrick Boulevard, Suite 140, Brookfield, WI. 53045, stated the applicant would like 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 appeared in support of the application. In opposition, George Hoffmann, 855 Bayway, C703, stated he has had to look at this eyesore for many years. The equipment on the roof of the property is rusty, the awning is torn in three sections, slats are missing on the balcony railing, it needs painting, and stairs have been pulled down. The wooden walkway has broken slats, and the parking lot needs resurfacing. In opposition, Audrey Thomas, 830 S. Gulfview, stated two condominiums housing more than 70 families have been built recently and feels there is a potential for drunken behavior, obscene actions, traffic and boom boxes. Children reside in the condominiums and they do not favor restaurant lounges and parking is at a premium in this area. She feels any business 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. In opposition, Paul Scholz, 800 S. Gulfview Blvd., Suite 801, objects to any bar and he is horrified at the thoughts of another Dock of the Bay. A 10:00 p.m. closing would be acceptable to him. He feels no food, only liquor, is served 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, Al McAffos, 868 Bayway, advised the building in question was originally the condominium clubhouse. A large number of tenants are north at this time and they are not in favor of a bar type operation. In opposition, Marvin Rubin, 851 S. Bayway Blvd., Apt. 605, stated he would like to see a nice legitimate restaurant at this site. The restaurant could house 300 and there are 42 parking spaces. He commented on the 11-12 boat slips and their need for parking. On the street parking in the vicinity is prohibited. In opposition, Stan Frederico, 865 S.Gulfview Blvd., commented that noise on 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 firm. He will work with Mr. Doherty of staff to come up with a use for the entire building. The Board expressed concern that 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 one 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 more time. It appears they want the Board to set guidelines which they will use in the search 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 Mr. Bickerstaffe, and seconded by Mr. Savage, to continue the above request to the meeting of October 15, 1991. Motion carried unanimously (6 to 0). 7. Part of Lot 1, Blk B, Venetian Point (1860 N. Ft. Harrison Avenue) Donato and Maria DiGiovanni, Victor and Lucy DiCarlo, Vincent and Rosa Barbieri, and Bar-Bro, Inc., CU 91-72 Request - To permit marine rental of boats and motorized personal watercraft (Tideriders) Zoned CR 24 (Resort Commercial) and AL/C (Aquatic Lands/Coastal) The applicant requested a continuance of this item. Motion was made by Mr. Carassas, and seconded by Mr. Mazur, to continue the above request to the meeting of October 1, 1991. Motion carried unanimously (5 to 0). 8. M&B 23.013, 23.11, 24.04, and 24.06, Sec 17-29-16 (420 Park Place Boulevard, Suite 700), Metropolitan Life Insurance Company (Park Place Billiards Inc./Park Place Billiard Club), CU 91-73 Request - To permit on-premise consumption of beer and wine Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Richard Maida, applicant's partner, 358 Waterford Circle East, Tarpon Springs, authorized Mr. Serro to represent him before the Board. Greg Serro, owner's representative, 420 Park Place Boulevard, Suite 700, stated 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 be an adult club, however, they may get involved, on a restricted basis, perhaps holding tournaments at the junior level. The club will be open to the adult public. There will be no live music and they will have background upscale music of their choice. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, to approve the above request subject to the following conditions: 1) 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; and 3) All required licenses shall be obtained by the applicant within six (6) months of this public hearing. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN 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) A91-09; LUP 91-10 Request - Annexation, Land Use Plan and Zoning designations LAND USE PLAN; From: Unclassified To: Industrial ZONING; IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Bill Johnson, applicant, stated for years he has not had space for people to park, purchased this land for such purpose, and is bringing the balance of the property into the city. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Carassas, to approve the above request. Motion carried unanimously (6 to 0). G. BOARD AND STAFF COMMENTS Mr. Hamilton questioned Gionis Plaza changing their sign to reflect a restaurant. Is their liquor license an APS package store which would not allow them to serve for consumption on premises? Mr. Carassas stated he had been a customer and they do not serve alcoholic beverages on premise. Per Mr. Shuford, with Fritz's market coming in as a restaurant/deli, this will not enable any more restaurant uses in this plaza as the parking requirements would not accomodate additional restaurant uses. Mr. Carassas commented on the number of residents coming from Clearwater Point and the general unpreparedness of the applicant. Mr. Carassas asking that this complaint be a matter or record, advised that he had attended his church, Holy Trinity, behind Calypso Bay, on Saturday night when he encountered three males tossing bottles and urinating on church property. Mr. Shuford advised that Board members had in their packets the new Research Development and Office Park as approved by the City Commission. Pick Kwik has appealed and there will be a hearing in November. Board members, if they have not previously attended a hearing, may wish to as this is an interesting procedure. Details will be given at the next Planning and Zoning Board meeting. The meeting was adjourned at 5:03 p.m. James M. Polatty, Jr., Director, Planning & Development