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08/02/1994MINUTES PLANNING AND ZONING BOARD Tuesday, August 2, 1994 - 2:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION Members Present: John Carassas, Chair Jay Keyes Kemper Merriam Robert D. Bickerstaffe Brenda Nixon Lois Martin Members Absent: Edward Mazur Also Present: Lou Hilton, Senior Planner, Central Permitting Vickie Davenport, Recording Secretary Chairman Carassas 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. Chairman Carassas introduced a request for an extension to the conditional use request granted by the Planning and Zoning Board on February 1, 1994, for The First National Bar located at the Atrium Building. This item was not on the agenda. The Board voted unanimously to approve a six month extension for The First National Bar business establishment. ITEM A. APPROVAL OF MINUTES: None. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (CONT. FROM 7/19/94) Morton Plant Life Services, Inc., to permit a 120 bed nursing home facility at 2855 Gulf-to-Bay Blvd, Baskins Replat Resub, part of Lot 2, zoned RM 16 (Multi-Family Residential). CU-94.52. Mr. Hilton gave the background of the case and presented, in writing, the staff recommendation. Mike Quillen of Environmental Management stated the requirements regarding replacement of trees in the area. The Board members questions regarding the setback from the roadway on the east side, parking space per unit (they are congregate care not apartments), concerns regarding no sidewalks for wheelchairs were some of the topics discussed. Applicant, Mark Marquardt, 400 Cleveland St,. was present. Mr. Marquardt stated that the zoning requests were approved and now they are back to go through the conditional use process, because that was the reason for the rezoning applications. He stated he hopes the board looks at this request under the conditional use standards only and not set confused with other issues that might be brought up in this meeting today. Mr. Marquardt stated he feels they meet all the requirements set forth for a conditional use request, and proceeded to go through the list reciting and giving the reason whey they comply. He stated that landscaping and buffering will be taken care of. Mr. Marquardt stated he believes they meet the requirements for parking. This facility was built in 1962 and is a licensed ACLF. He commented he has no problem with the eight recommendations that were previously stated by staff. Discussed briefly the site plan process. Question from a board member, Mr. Marquardt answered that the unites are leased. The following person(s) were present to speak in favor of this request. Florence VanDyke, 2855 Gulf-to-Bay Boulevard, Unit 25C, was present. She stated she was on the Governor’s Council for The Continuing Care of the Elderly for six years, and has lived at Bayview Gardens for 16 years. She briefly told the board members about her husband who had a stroke and the separation they went through, when he had to be moved to St. Petersburg.. She stated that people are more important than trees. The location is perfect place. William Carrol, 2855 Gulf-to-Bay Boulevard, was present. He stated that he has lived here for two years. He stated that everything is very convenient for him and knows if his condition worsens, he can move to the assisted living area. Mr. Carrol stated that the area is beautiful and much better than looking at parked cars. Stacia Jerroh, 2855 Gulf-to-Bay Boulevard, was present. She stated that her husband had to go to a nursing facility in St. Petersburg and she had to cut down her visits from every date to twice a week, because it became too much for her on the bus. It would have been nice if he could have been right there where she could have seen him every day. William R. Frazer, resident of Bayview Gardens since 1977. He stated he thinks Morton Plant is one of the best facilities in the state. He is hoping this request gets approved. Barbara Weiss, Executive Director for Bayview Gardens since 1985. She stated that they are losing a lot of spouses to nursing homes, and she understands what these people are saying about the trauma the couple goes through because of separation. She stated when asked by a board member that the staff report stated wrong information regarding having only female occupants The following person(s) were present to speak in opposition of this request: Don Fisher, 12 S. Marge, was present. He is an active member in the Clearwater Greens for 19 years in Clearwater, He is against this request because of the Clearwater Code; environmental concerns (flood plain, etc.); comprehensive plan (which he read). He is very much against this and thinks that Morton Plan is just building an empire. He passed out literature regarding the Clearwater Greens program. Loretta Harty, President of Clearwater Audubon, 2297 Mark Circle, Palm Harbor, was present. She stated that a bird survey was done and is very much against this because of environmental concerns. She can’t believe that this environmental rich area will no longer be if this is allowed to be built. Her concerns: Florida birds in the area feast in the mud flats and the foliage, and the destruction of the mangroves will continue. Dorothy Berg, 2165 Campus Drive, was present. She stated that Oak Cove went broke, and Oak Bluff because they didn’t have enough residents in them. She thinks Morton Plant should buy property in Clearwater, they don’t need to be around birds and trees. She wondered why Morton Plant can’t use one of their floors in the hospital to take these people. Mike Foley, 1811 Apache Trail, was present. He measured from bridge to the 10 foot line, and again on the site plan by Johnson. He came up with two different numbers, so there may be a mistake with the site plan. Brian Morris, 812 Willow Branch Avenue, was present. He stated that this a 34 acre site, of which this only takes up a short amount of this area, and doesn’t understand why this can’t be put somewhere else on the property. Parking issue as a concern. Bob Wright, 400 Island Way, was present. As a concerned citizen he went out and looked at this property. His concerns were regarding stormwater runoff, and having a retention pond in a flood zone area, and on-site parking. He stated that this one of the pristine areas in the city left, and there has got to be another place on this property to located this nursing home without disturbing this site.. The removal of 25 old oak trees and damaging root systems of others should not be done. Anne Garris, 38 Acacia Street, was present. Her major concern was regarding the parking issue. She stated the general standards rule #6, regarding parking. She stated there are 298 units, half is 149, this comes to 447 parking spaces, plus the 107, which comes to 554 total parking places and this is without staff parking which hasn’t been counted in. She brought up the letter about the drainage and the brochure that is handed out regarding the nursing home. She inquired about the density being used on all the 30 acres and she thinks that it should state that on the deed. Discussion on the employee parking not being on the site plan, but would be requested at DRC site review time. They are ACLF licensed, by the bed, not by the unit. Lisa Lanza, 2043 San Marina Way, was present. She wanted to know when the approval for the ACLF happened, when the city permitted that category for the Bayview Villas, and if it was grandfathered in. She stated she had the motion of the Environment Advisory Committee meeting (by Mr. Morris) that the proposed project seemed somewhat inappropriate location due to adverse effect on existing creek and would negatively affect a large stand of oak trees. She stated that they need to take a look at the numbers that Mike Foley gave them earlier in regards to the map of 1962 and the most recent one. Her main concern was for the basic emergency plan with the City of Clearwater. Since this is in the evacuation area, she wanted to know what zone this is in. She also was concerned what would be done with the medical hazardous waste. Bret Parker, 716 Bayview Avenue, was present. He would like them to find another site for this, because the area is too beautiful to destroy. His concerns: Old Oak Trees, birds, storm surge evacuation. Alan Stowell, adjoining property owner was present. He had letters for the board members. His objection is the site location, because It is not compatible with surrounding area. Mr. Stowell stated that Mr. Hilton told him that site plan would not be meet the DRC standards for approval, until more information is provided. Mr. Stowell stated that letters sent by Mike Quillen of Environmental Management and Mr. Hilton, to King Engineering have not been answered from two months ago regarding the concerns at this site. There has not been a landscape plan submitted, nor a plan which shows the parking spaces for employees. This would not be at DRC until August 11th. Mr. Stowell would like a noise evaluation study made on this site. He stated that Morton Plant has two other sites to choose from on their property, and since everything impacts his property, which he is trying to protect as a historic area and also because of the environment issues, he doesn’t see why they can’t choose another location. Photographs were shown of the area. Rebuttal from Mr. Marquardt: He stated that these are site plan issues will be taken care of at the Development Review Committee meeting. Mr. Marquardt stated that SWFTMD and others came out and marked off the jurisdictional line in 1992. Keith Appenzellar, of King Engineering, was present. He stated that the appropriate studies have been done and they will make sure requirements and needs are being met with regard to the land. The parking issued, as to the number needed was discussed; the difference as to what was required for ACLF standards and what was required for a nursing home, plus employee parking. Discussion regarding drainage, Evaluation 11 Fema standards based on tidal surge, the water quality study that was done, which Mr. Appenzellar stated all met with the codes. Ms. Garris rebuttal: Discussion regarding the transfer of rights, the deed stating using all the density for that property ensued. Ms. Garris stated she wanted to rebut the statement about them making a decision regarding parking issue. Board members made comments regarding the issues of parking, the environment, questions about Mr.Stowell’s pictures, deed and submerged lands, and Mr. Bickerstaffe read from the Comprehensive Plan. Stormwater run-off was discussed. Mr. Hilton stated there is no transfer of development rights, and also that the parking requirements will be addressed in the Development Review process. Discussion regarding drainage across the street and behind the mall which is a lot to be handled by the creek. Mike Quillen stated that they are above the 100 year flood zone, so this would not affect this drainage. Mr. Bickerstaffe stated that we need to think about the future as the needs for adequate retention. The board members stated their concerns regarding this item. Mr. Bickerstaffe suggested using the property to the west to build this nursing home, where it would be not interfere with the drainage system, and not disturb the environmental area. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, to deny this request. Roll call vote: “yes for denial” by all board members. Motion carried unanimously (6 to 0). Mr. Marquardt asked for a reconsideration at the next meeting. He stated as his purpose for doing this that some of the issues that have been raised be more fully explained. C. CONDITIONAL USES: 1. Shoppes Assoc Ltd Partnership (China Sea Restaurant) to permit on premise consumption of beer and wine (business ownership change) at 1261 Gulf Blvd, Radisson Bayside Hotel, Lot 1, zoned B (Business). CU 94-57 Mr. Hilton gave the background of the case and presented, in writing, the staff recommendation. Applicant, Hue Thi Hauss, 1261 Gulf Blvd, #104,. was present. She stated she is running the business with no changes. Ms. Hauss stated her operating hours would be 11:30 a.m. to 10:00 p.m. and she will be the on-site manager. She has run restaurants in St. Petersburg in the past. There were no persons present to speak in favor or in opposition of this request. Motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe, to approve this item subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; and 2) The sale of alcoholic beverage shall be limited to consumption on premises with no package sales. Motion carried unanimously (6 to 0). 2. Sears Roebuck & Co (Four Seasons) to permit outdoor retail sales, displays and storage at 27001 US 19, Sec 30-28-16, M&B 42.04, zoned CC (Commercial Center). CU 94-58 Mr. Hilton gave the background of the case and presented., in writing, the staff recommendation. Applicant, James McCurtain, Jr., 2829 Meadowhill Drive N., was present. He is the General Manager of the store. Mr. McCurtain stated that there is no change, even though the site plan shows different information, it will be located at the Auto Center on 580 and US 19 corner, in the existing screed in area. He stated they will be selling produce and plants at this location. There were no persons present to speak in favor or in opposition of this request. Motion was made by Mr. Merriam, and seconded by Ms. Martin, to approve this item subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public bearing; and 2) The applicant shall meet all supplementary conditions for outdoor retail sales, displays and storage in accordance with Section 41.053 (23) of the City Land Development Code. Motion carried unanimously (6 to 0). 3. Jerry H. and James H. Center (Peoples Food Store) to permit package sales of beer and wine at 2099 N. Highland Ave, Sec. 03-29-15, M&B 21.05 zoned CN (Neighborhood Commercial). CU 94-59 Mr. Hilton gave the background of the case and presented, in writing, the staff recommendation. Applicant, Mike Hymore, 6598 Woodland Blvd N. Pinellas Park, was present. He was told that there is no longer a 1APS designation, and Mr. Hymore stated he wanted to sell beer and wine. He owns two businesses in Tampa for four years and owns shop in St. Petersburg Beach. Mr. Hymore stated he would be the manage at this store. Mr. Hilton asked the board to consider installation of landscape on the southern side by the chain link fence and plant some trees in the islands. Mr. Hymore stated that would not be a problem for him to do. There were no persons present to speak in favor or in opposition of this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, for approval of this item subject to the following conditions: (1) The requisite occupational license shall be obtained within six months from the date of this public hearing; and 2) The applicant shall install a landscape material (hedge) along the south property line abutting the residential area. The size and type of landscaping material shall be determined by the Environmental Management Group. Motion carried unanimously (6 to 0) 4. Henry W. and Anne B. Meister (Superfood Supermarket II) to permit package sales of beer and wine at 1501 N. Betty Lane , Pine Ridge Sub, Blk C, Lot 10, zoned CG (General Commercial). CU-94-60 Mr. Hilton gave the background of the case and presented, in writing, the staff recommendation. Applicant, Gail Peters, 1818C Sunset Point Rd, and Mostafa Mohammad, was present. Mr. Mohammad stated he would like to put in a chain link fence in, instead of a wood fence. The landscaping issue was discussed, which they stated would be taken care of. The applicants stated they have another store in Clearwater. The hours of operation will be from 7 am to 11 pm. The following person(s) were present to speak in favor of this request: The following person(s) were present to speak in opposition of this request: Nick Koulouvris, 2231 Banyon Drive, was present. He owns the property across the street at 1500 Stephenson Drive. Mr. Koulouvris stated he has lived here for 22 years and is in opposition of this request, because selling of alcohol makes the area more run-down than it already is. He does not like to see people hanging around drinking, and his property always has tons of bottles and cans on it, that he continually has to clean up. Mike Koulouvris, 1239 Lotus Path, was present. He has lived in this area for a long time. He owns the garage on Overlea Street for 20 years. Mr. Koulouvris was very upset about what has been happening to this area, which use to be very nice. He is very much against this request. Rebuttal from Gail Peters: She stated they have had no problems at either store, because they don’t allow “hanging out”. it is done across the street in the open lot. Ms. Peters stated they call the police when there is fighting or drug dealing going on in that lot. Motion was made by Mr. Keyes, (Ms. Nixon for discussion) and seconded by Mr. Bickerstaffe, to approve this item subject to the following conditions: 2) The requisite occupational license shall be obtained within six months of the date of this public hearing; 2) The perimeter landscaping requirements of Section 42.27 shall be provided along the north and south property lines within six months of the date of this public hearing; and 3) A painted opaque wood fence, six feet high shall be installed along the entire rear (east side) property line within six months from the date of this public hearing. Motion carried unanimously (6 to 0) 5. Goral Tov, Ltd (Neighborhood Auto Repair) to permit minor auto repair and tire sales (vehicle service) at 1520 McMullen Booth Rd. South Oaks Fashion Square, Lot 1, zoned IPD (Industrial Planned Development). CU 94-61 Mr. Hilton gave the background of the case and presented, in writing, the staff recommendation. Applicant, Todd Pressmen, 28870 US Hwy. 19 N, Suite #300, was present. He stated there was a time lapse on this, which was a previously approved item. It will be a major tire chain, but stated there is not an applicant as yet. He requested a 12 month period, instead of six. It is slated to be Goodyear store, but not sure of this contract going through as yet. After answers as to “Neighborhood Auto Repair” not being the name of the business going in, there was confusion as to who the applicant is going to be and a discussion ensued. Mr. Hilton stated Mr. Pressman appears to be acting as an agent for an unknown business without authorization from the owner. Mr. Pressman stated he is representing the property owner. The board requested a letter of authorization for Mr. Pressman to present this item and to bring the prospective applicant, so the board could ask questions of the applicant. A continuation was suggested. There were no persons present to speak in favor of in opposition to this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, for continuance of this item, until the August 16th meeting. Motion carried unanimously (6 to 0). 6. Steven R and Carolanne Krakower (Red Ribbon Homestead, Inc.) to permit Level II group care at 1109-1131 Pinellas St., Georgas Sub, Lots 2, 3 and 13-15 , zoned RM 12 (Multi-Family Residential). CU-94-62 Mr. Hilton gave the background of the case and presented. in writing, the staff recommendation. Applicant, James Graham, 3005 SR 590, Suite 101, was present. Mr. Graham stated that this project includes a ten unit building, and four duplexes being changed into housing for AIDS patients. It has been in operation for the past six months as a family care facility, and are working with HRS. One staff person for 5-7 individuals, and they will be providing handicap parking to the site, landscaping, and upgrading the buildings. Discussion regarding the renovations to these buildings/units ensued. Landscaping on Greenwood will be done by the parking area, out front and in-between the units. Ms. Nixon inquired regarding what is being done for the biohazardous materials, because of her concern for the children in the area. Mr. Graham stated that it will be picked up by appropriate business, and will not be stored in the dumpster . Question regarding the type of enclosure needed for the dumpster located was discussed. There were no persons to speak in favor or in opposition to this request. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, for approval subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; 2) The parking lot shall be resurfaced and restriped, and a space provided for handicap parking within three months of the date of this public hearing; 3) The existing dumpster shall be relocated according to the Sanitation Division standards and screened with fencing or landscaping within three months of the date of this public hearing; 4) The maximum number of residents shall be 20, unless further limited by the board requirements; 5) The applicant shall obtain the necessary building permit within six months of the date of this public hearing; 6) The applicant shall provide enclosure for dumpsters with appropriate gate and landscaping; and 7) The applicant shall provide perimeter landscaping in accordance with the Land Development Code. Motion carried unanimously (6 to 0). 7. Markos and Maria Poniros (Boomerangs Cafe) to permit on premise consumption of beer, wine and liquor (business ownership change) at 1915 N. Hercules Ave. Sec 01-239-15, M&B 13.02, zoned CN (Neighborhood Commercial). CU 94-63 Mr. Hilton gave the background of the case and presented, in writing, the staff recommendation. Applicant, John Vidalis, 2225 Nursery Rd., Bldg. 34, Apt. 106, was present. He is a retired policeman from Largo. He has owned JJ’s Sports Bar for five years and is well versed in alcoholic beverage business. Mr. Vidalis requested the board reconsider condition #2 and allow him to have package sales, since he is paying for a 4-Cop license. Discussion ensued as to the policy of the City regarding this. Mr. Vidalis stated that three doors down has package sales, so they can go out his bar and go to the other establishment to buy. He asked the board to consider a trial basis. There were no persons present to speak in favor or in opposition to this request. Board discussion ensued. Motion was made by Ms. Nixon, and seconded by Ms. Martin, for approval subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; 2) The sale of alcoholic beverages shall be restricted to consumption on premises with no package sales; and 3) The applicant shall maintain the existing kitchen facilities and provide food service to within one (1) hour of closing. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: None. E. CHAIRMAN’S ITEMS F. DIRECTOR’S ITEMS G. BOARD AND STAFF COMMENTS Brief discussion regarding “amended” items that go to City Commission, should come back to Planning and Zoning Board, stamped certified site plans, and the stormwater retention issue. Adjourned: 6:40 p.m.