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04/21/1992 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, APRIL 21, 1992 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Mazur, Bickerstaffe (arrived 1:43 p.m.), Carassas, Hamilton, Merriam, Martin and Savage. Also present: Scott Shuford, Planning Manager Pat Fernandez, Recording Secretary Chairperson Mazur 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. ITEM A. APPROVAL OF MINUTES B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Request for Extension (first extension request, original request was for 6 months granted 10/01/91), 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) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant's representative, Donald McFarland, 108 S. Hercules, stated the timing in appearing before both the Planning & Zoning Board and the City Commission was such that when they had their approvals it was winter and their busy season. They will make every effort to apply soon but would feel comfortable with six (6) months to apply for a building permit. The restaurant will be on the first floor behind the registration desk. Pro or Con: Approved (motion by Mr. Hamilton, second by Mr. Bickerstaffe) subject to the following conditions: 1) The requisite building permit shall be obtained within six (6) months of the date of this public hearing; and 2) The requisite occupational license shall be obtained within twelve (12) months of the date of this public hearing. Motion carried unanimously (7 to 0). C. CONDITIONAL USES: 1. Lots 6 and 7, Blk 2, Acker's Sub (2759 S.R. 580, Suite 211) Countryside Colonial Center Partnership (Compu-Campus, Inc.), CU 92-22 Request - To permit commercial or trade school Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Bob Dee, 2774 Countryside Boulevard, Unit 3, Clearwater, stated they will teach adults software uses and SAT preparation to high school students. He presently plans to teach eight students at one time in two-hour sessions between 8:00 am and 8:00 pm. Pro or Con: None Approved (motion by Mr. Hamilton, second by Mr. Carassas) subject to the following conditions: 1) All instructions to be conducted inside the building; and 2) The maximum number of students to be accommodated at any time shall be fourteen (14). Motion carried unanimously (7 to 0). 2. M&B 11.01, Sec 8-29-16 (2907 S.R. 590, Suites 2 and 3) Mission Hills Plaza Venture (Oldsmart, Inc./Hillside Market and Cafe), CU 92-23 Request - To permit package sales of beer and wine Zoned - CN (Neighborhood Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant, Claudia Thalji, 11659 Sunshine Pond Road, Tampa, stated they previously owned a deli in Oldsmar and plan an old fashioned Mom and Pop operation. They have never had problems with teenagers and will have signage relative to package sales. They do not feel their plans will detract from the neighborhood. Pro: Dan Grimmer, 3340 San Pedro, Clearwater, stated he is the manager of the Mission Hills Shopping Center. The Plaza was developed in l974 as a service plaza for the condominiums. Con: Jim Jenkins, 2888 S.R. 590, Clearwater, stated he lives across the street and built his home in 1973. Previous package tenants which were open until 11:00 pm became hangouts and the noise of squealing tires occurred frequently. He feels another alcoholic package store is not needed. He does not believe the prohibition of selling single bottles would help. Jim Dunn, 2896 S.R. 590, Clearwater, stated he lives near Mr. Jenkins and has resided there since 1976. There were massive crowds of young people hanging out when Pick Kwik was there. The second tenant was at first an improvement but later became lax and later moved down the street. The restaurant located in the plaza has a license for both consumption on premise and package sales. Mr. Dunn believes alcohol and drivers do not mix. Arthur Schall, 2884 S.R. 590, Clearwater, states he was the first resident and has lived across the street since 1973. The flood lights from the center are on all night and are so intense they light up the interior of his home. He would like to sell but feels no one would be interested with a plaza across the street. In rebuttal, Dan Grimmer, stated that while he empathizes with the opponents, this is a strip commercial center. There is a mix of tenants from beauty shop to butcher. Most condominium residents are elderly and either walk or ride their bicycles to this center. In response to a question about the lights, he stated Florida Power put the lights up to give security to persons visiting the center late at night. Mr. Grimmer can contact Florida Power about putting them on a timer so they would go off at a designated time. In rebuttal, Arthur Schall, stated that originally the center was not to have ingress or egress from S.R. 590. Problems with this becoming a hangout will recur and he does not feel this request should be granted. In rebuttal, Jim Jenkins, believes the area is residential and it should be kept that way. In rebuttal the applicant, Claudia Thalji, stated they do not operate like a convenience store and have helped their neighbors and the schools. Being a parent of young children, she does not believe in drugs or alcohol. They had no problems in their previous operation and she does not intend to let the parking lot become a hangout. She feels that the objections are from S.R. 590 residents who do not want any type of shopping center there. Board concerns were about the proliferation of alcoholic beverage locations and the impact upon citizens. The standards set forth in the Code was read and this application appears to be compatible. The 9:00 pm closing should alleviate some of the problems that have occurred. Mr. Carassas believes the problem would be solved if alcoholic beverages were sold in six packs and not individually. Approved (motion by Mr. Hamilton, second by Mr. Carassas) subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months of the date of this public hearing; 2) The sale of alcoholic beverages shall be restricted to package sales only; 3) There shall be no consumption of beer and wine on the premises; 4) The sales of beer and wine shall be prohibited after 9:00 p.m.; 5) No deliveries to the establishment shall be performed after 9:00 p.m. or before 8:00 a.m. on any day; and 6) All possible external lights, other than those needed for security, shall be extinguished by 1:00 am. Motion carried (6 to 1) with Mr. Carassas voting nay. 3. M&B 11.13, Sec 13-29-15 (51 Main Ave S, Suite 319) Clearwater Realty Assoc Ltd/Kenneth W Heretick, as Receiver for Belcher Plaza II Shopping Center (Lincoln Learning Labs, Inc.), CU 92-24 Request - To permit tutoring of children as part of a testing and counseling service (use not specifically identified in Code) Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Eric Larson, 9939A E. Fowler Avenue, Thonatassassa, stated they are moving their operation from one location in Clearwater to another. The current location lease expires in May and the new site is ideal for the Clearwater branch of their school. Pro: Charles Prather, lease agent, 123 Valor Street, St. Petersburg, stated the center is currently in receivership in the foreclosure process. They have done considerable work to bring in new tenants to make the center a working one and this tenant would be a step in that direction. Approved (motion by Mr. Savage, second by Mr. Carassas) subject to the following conditions: 1) All instructions shall be conducted inside the building; 2) The requisite transportation impact fees shall be paid prior to the issuance of an occupational license for the tutoring and counseling facility; and 3) The requisite occupational license shall be obtained within 6 months from the date of the public hearing. Motion carried unanimously (7 to 0). 4. Lot 3, less part taken for road, The Village at Countryside Parcel 4 Replat (26210 U.S. 19 N) Countryside Assoc Ltd Partnership (Abkey No 7, Inc d/b/a Fuddruckers), CU 92-25 Request - To permit on-premise consumption of beer, wine, and liquor Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant's representative and Director of Operations, John Woodward, 2639 NE 26th Street, Ft. Lauderdale, stated they recently purchased and remodeled this Fuddruckers and desire to add liquor which they have in their other locations in the state. Liquor is a small percentage of sales, possibly 2-3%. There is space for eight tables outside and they would like to have this capability if it is allowed. Pro or Con: None Approved (motion by Mr. Bickerstaffe, second by Mr. Merriam) subject to the following conditions: 1) The sales of alcoholic beverages in the restaurant shall be restricted to consumption on premises only 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 requisite building permit; and 4) The applicant/owner shall provide the City of Clearwater with the results of any audit requested by the Division of Alcoholic Beverages and Tobacco upon request. Motion carried unanimously (7 to 0). 5. Lots 2 thru 8 and 1/2 of vacated alley on west, Blk A, Replat Clwr Beach Park 1st Add (470 Poinsettia Ave) B.J.E., Inc. (Bungee Maxx), CU 92-26 Request - To permit: (1) Outdoor commercial recreation/entertainment; (2) Temporary retail sales and display (bungee jumping); and (3) Temporary building - use not identified in Code (bungee jump support, assoc. retail) Zoned - CB (Beach Commercial) Mr. Carassas announced a conflict of interest and will not participate in the discussion or vote. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant left a message stating he could not be here and staff is unaware if he wants to continue or is withdrawing his request. Continuance was then suggested thereby allowing the applicant to make his wishes known. Pro or Con: None Continued (motion by Mr. Hamilton, second by Mr. Bickerstaffe) that this request be continued to the meeting of May 5, 1992. Motion carried (5 to 1) with Mr. Carassas abstaining. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Land Development Code Text Amendment (continued from 4-14-92): Ordinance No. 5192-92, amending Section 137.029, Code of Ordinances, to provide that certain land use applications may not be filed if a similar application relating to any part of the same property was denied within certain specified time limits; providing an effective date. (LDCA 92-05) Mr. Shuford, in response to previous concerns expressed by the Board, discussed this item with Legal. Mr. Shuford furnished a copy of the ordinance with a suggested wording change. Pro or Con: None Recommended to the Commission that they approve (motion by Mr. Carassas, second by Ms. Martin) the above amendment with wording added as follows and underlined to Sec. 137.029, Section 1 (c). Resubmission of application affecting same property Section 1 (1) (c) to read as follows: Section 1 (1) (c) (3) "Twelve (2) months for zoning atlas and comprehensive land use plan amendment applications, except a comprehensive plan amendment application relating to a different zoning atlas amendment for the same property for which there shall be no reapplication fee." E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS Mr. Shuford announced that Pat Fernandez, Recording Secretary, was promoted to the department head secretary and would serve the Board at one more meeting. G. BOARD AND STAFF COMMENTS Discussion ensued relative to the status of the bungee jumping application at Clearwater Beach. They had asked for a temporary site to get started and then a permanent location at another site after a motel was torn down. They were not successful in obtaining the necessary height variance. Four different operations have inquired about this endeavor in the City. Ms. Martin will not attend the May 5, 1992 meeting. The meeting was adjourned at 3:45 pm.