06/02/1987
(A)
Motion was
minutes of
unanimously
made by
the Hay
(6 to 0).
Mr. Schwob,
19, 1987
seconded
meeting
by
as
Ms. Nash,
written.
to approve the
Motion carried
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M.IWTES
PLANNING & ZONING BOARD
JUNE 2, 1987 - 1:30 PM
-- Members present:
Vice-Chairman Hogan, Mesdames Nash and Nixon,
Messrs. Ferrell, Green, and Schwob
Also present: M. A. Galbraith, Jr., City Attorney
Members absent:
Chairman Johnson
Vice-Chairman Hogan 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 Off ice. Florida Law requires any party
appealing a decision of this Board to have a record of the proceedings to
support the appeal.
(D) Conditional Uses:
1. Part Lot 1, Blk. B, Columbia Sub.
(207 Coronado Drive)
James Tracey (Anchor Mini Mart)
CU 87-44
(I)
Request
2-APS (Package Sales of
Alcoholic Beverages)
CR-28 (Resort Commercial "Twenty-eight")
Zoned
Ms. Harvey advised this request for conditional use is for package sales of
alcoholic beverages in the Resort Commercial "twenty-eight" zoning district.
She advised the specific request is for a new 2-APS State license and the
governing sections of the Land Development Code are Sections 13G .025(b) and
(c)(2). She also advised the Police Department saw no reason to deny license
to applicant and the Traffic Engineer questioned parking availability for this
use. She pointed out to the Board that Section 13G .022(c)(2) of the Land
Development Code requires any parking lot serving a new use of land shall
conform to all parking lot design standards. She further advised that the
subject request does constitute a change in use. Ms. Harvey stated that all
available parking is back-out parking into the right-of-way and would not be
in conformance with Code regulations. She also stated the mixed use formula
would allow up to four motel units with 697 square feet of commercial floor
space which would meet Code requirements. Ms. Harvey advised that staff
recommended denial of the above request for the following reasons: 1) That the
use does not comply with all applicable sections of the Land Development Code;
2) That ingress/egress would not be acceptable for the change in use; and 3)
That the high activity area is adjacent to motel units. She advised there has
been a great deal of controversy regarding incompatible uses.
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Page -2-
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Mr. Jim Tracey, applicant. appeared requesting approval of this conditional
use. He stated his family has a five-unit motel that sits empty during the
Summer and Fall. He also stated his family intends to open a small market to
be run as a family business. He further stated there are six parking spaces
available on the property. He advised had he been aware that denial of his
application would be recommended he would have requested nearby property
owners to accompany him to show their support of the proposed market. He
stated nearby property owners must now drive to area stores but they would be
able to walk to his market.
Ms. Jacqueline Chefero, owner of Sunny Hotel, 105 Coronado Drive. appeared in
opposition to the above request. She felt another package store on the beach
was unnecessary. She stated that there are other motel owners in the area that
are also opposed to the subject request. Ms. Chefero identified a former
package sales owner whose operation caused problems for the area.
In rebuttal, Mr. Tracey stated the previously cited package sales included
hard liquor. He stated his family intends a "mom and pop" operation and do not
intend to be open late at night. He also stated he has been on the beach since
1969. He again stated had he known denial would be recommended he would have
brought petitions of support with him.
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Ms. Nixon advised applicant the Planning and Zoning Board is to determine if
an alcoholic beverage license be allowed not if a mini market be allowed.
Mr. Schwob stated the beach is very sensitive and agreed with the concerns of
the Planning staff.
Ms. Nixon stated an applicant for alcoholic beverage sales for a nearby
location was required to limit sales to before 7:00 PM.
Mr. Green felt, though not necessarily against the request, the requirement in
the Land Development Code stating that any change of use must meet the
requirements of the Code should be the determining factor.
Mr. Hogan stated that the Board is to decide whether to allow package sales of
alcoholic beverages not if the operation of a mini market is allowed.
Motion was made by Mr. Schwab. seconded by Ms. Nash. to deny the above
request. Motion carried unanimously (6 to 0).
Mr. Tracey"s mother came forward and stated her son is a diabetic and he has
three children and she didn't understand why the request was not approved. She
also stated they have been in the City for 18 years and have never caused any
trouble. Mr. Hogan advised applicant's mother she had a chance to speak and
this Board did not approve the sale of alcoholic beverages from the subject
premises. He further advised this Board has nothing to do with a market at the
location. He also advised if applicant feels he has been wronged he has the
opportunity to appeal to a Hearing Officer of the State of Florida.
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Minutes of the Planning and Zoning Board - June 2, 1987
Page -3-
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2.
M&B 41.07, Sec. 19-29S-16E
(1458 u.s. awy. 19 South)
James P. Gills/Steve Coker
CU 87-45
Request
Zoned
Training School
OG (General Office)
Ms. Harvey advised this request for conditional use is for a commercial trade
school in the General Office zoning district. She also advised the governing
sections of the Land Development Code are Sections 136.025(b) and (c)(9.1).
She stated the Traffic Engineer commented the parking must meet City standards
even though Florida Power right-of-way will be used to meet parking require-
ments and is in the County. Ms. Harvey stated the purpose of the school is to
provide training for Court reporters and an additional 22 parking spaces are
needed to serve this use. She also stated correspondence has been sub-mitted
indicating the required parking spaces will be added for the above request.
Ms. Harvey advised staff recommended approval subj ect to the following: 1)
That the use pennit be procured within six months; 2) That an additional 22
parking spaces be provided to serve the use; ands 3) Thats if Florida Power
right-of-way is used for parking, lot design must meet City standards and
verification of parking easement from Florida Power must be reviewed and
approved by Traffic Engineer prior to issuance of occupational license.
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Mr. Micky Segal, applicant, appeared requesting approval of this conditional
use. Mr. Segal stated it will not be necessary to use the Florida Power right-
of-way as the landlord has agreed to provide 30 additional parking spaces on
site. Ms. Harvey stated it will be necessary that the required parking be
provided and if provided by Florida Power it must meet City standards. After
questioning by Mr. aogan, Mr. Segal advised that he is the owner/operator of
the proposed school and Mr. Coker is the leasing agent for the property. After
questioning by Mr. Schwob, Mr. Segal advised this will be the standard
classroom-type atmosphere and the sessions will end at 1:00 PM.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above
request subject to the following: 1) That the use permit be procured within
six months; ands 2) That an additional 22 parking spaces be provided to serve
use. Motion carried unanimously (6 to 0).
3.
Lots 19 and 20, BIk. 2, Knollwood Replat
(1390 Gulf-to-Bay Boulevard)
William J. Moran (Beer 0 Wine Deli)/
Fernando Cueva
CU 87-46
Request
2-APS (Package Sales of
Alcoholic Beverages)
CG (General Commercial)
Zoned
.
Ms. Harvey advised this request for conditional use is for package sales of
alcoholic beverages in a General Commercial zoning district. She also advised
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Page -4-
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the specific State license being applied for is a 2-APS license as well as a
change in ownership of the operation. She further advised the governing
sections of the Land Development Code are Section 136.025(b) and (c)(2). She
stated the Traffic Engineer had no comment and the Police Department saw no
reason to deny license to applicant. Ms. aarvey advised that staff recommended
approval subject to the use permit being procured within six months of
approval of the conditional use.
Mr. Fernando Cueva, applicant, appeared requesting approval of this condi-
tional use. Mr. Cueva stated his operation will consist of deli-type, takeout
sandwiches and will include package sales of beer and wine. After questioning
by Mr. Schwob, Mr. Cueva stated there will be no consumption of alcoholic
beverages on premises.
No persons appeared in support of or in opposition to the above request.
Motion was made by Ms. Nixon, seconded by Mr. Green, to approve the above
request subject to the use permit being procured within six months of approval
of this conditional use. Motion carried unanimously (6 to 0).
4. Lot 4, Blk. 5, Gould & Ewing 1st Add.
(530 Cleveland Street)
Harrison Robertson, Jr./Steven Motyl &
Bradford Cummings (Gillispie~s)
CU 87-47
A
.
Request 2-COP (On Premise Consumption of
Alcoholic Beverages)
Zoned - UC[C] (Urban Center [Core])
Ms. Harvey advised this request for conditional use is for on premise
consumption of alcoholic beverages in the Urban Center (Core) zoning district.
She also advised the specific State license being applied for is a 2-COP
license. She further advised the governing sections of the Land Development
Code are Sections 136.025(b) and (c)(l). She stated the Traffic Engineer had
no obj ection and the Police Department saw no reason to deny license to
applicant. Ms. Harvey stated an additional copy of the application was
submitted indicating proper ownership as aarrison Robertson, Jr., Trustee. She
stated that staff recommended approval subject to the use permit being
procured within six months of approval of the conditional use.
Ms. Harvey advised one letter was received from an individual, whose name is
unreadable and who owns a restaurant close to the proposed business, who
objects to approval of the above request.
Attorney Paul Probst, representative of owner, appeared requesting approval of
this conditional use. Mr. Probst stated the owner supports the proposal of the
applicants, the owner feels the nightclub atmosphere would be conducive to the
business block, and the owner feels this proposal would upgrade this portion
of the area.
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Page -5-
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Mr. Steven Motyl and Mr. Bradf ord Cummings, applicants, appeared requesting
approval of this conditional use. Mr. Cummings stated they plan to open an
upscale nigntclub-type operation, serving some food such as sandwiches, and
serving only beer and wine. Mr. Cummings also advised there is a seating
capacity of approximately 65 persons.
After questioning by Mr. Schwob, Mr. Cummings stated they have not had
personal experience with this type operation but a silent partner, who has
eKperience, is involved the operation.
After questioning by Ms. NiKon, Mr. Cummings advised the proposed operation is
to be located in the former Clark Importers location. He also advised they
propose to serve lunch in the beginning and will continue to do so if demand
warrants theIII remaining open at lunch but they will definitely be open at
night. He f~rther advised they are aware of potential problems from the plasma
center neKt door and will be alert of any problems.
After questioning by
the begi nni ng f rolD.
closing time of 2:00
Mr. Hogan, Mr. Cummings advised they intend to be open in
11:00 AM until Midnight and possibly work.ing up to a
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Ks. R.ose Phf.ffar, owner ()f properties from 410 to 428 Cleveland Stl'ee~,
appeared in oppos ition to the above reques t. She advised that the property
owners have been trying to upgrade the downtown area with quality retail and
office space. She e~pressed concern that the proposed business might cater to
the clients of the plaslD.a center and felt this mdght discourage development of
the area.
In rebuttal. Mr. Cummings stated they will be spending a considerable amount
of money and ~ant to have a classier operation. He also stated they intend a
Jazz type operation. After questioning by Mr. Hogan, Mr. Cummings stated that
there is a bar in the proposed location that will seat only 10 of 65 people.
After questioning by Mr. Schwob, Mr. Cummings advised that, though the clients
from the plasma center cannot be kept out of the club, they will be marketing
toward another type crowd. After questioning by Ms. Nixon, Mr. Cummings stated
charging a cover charge will depend on who is scheduled for live enter-
tainment. After questioning by Mr. Hogan, Mr. Cummings stated hours of
entertainment ~ill be from 8:00 PM until closing.
Mr. Schwob stated he was satisfied that applicants will do their best to have
a good operation.
Hr. Green stated he doesn-t feel the plasma center will cause many problems
and felt the operation would be a positive thing for the area.
Motion was made by Mr. Schwob~ seconded by Ms. Nixon, to approve the above
request subject to the use permit being procured within six months of approval
of the conditional use. Motion carried unanimously (6 to 0).
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Minutes of the Planning and Zoning Board - June 2>> 1987
Page -6-
c. Annexation. and Zoning
1. Lot 9 and Part Lot 8>> Suban's Sub.
(Located on the West side of
West Drive>> North of Greenlea Drive)
(Ignos)
A 87-19
Request
Annexat~on and Zoning>> RS-8
(Single-Family Residential "Eight")
The above property is
Greenlea Drive.
located on the west side of West Drive, North of
The applicant was not present.
Mr. Pruitt stated this request is for annexation and RS-8 (Single-Family
Residential "Eight") zoning. He also stated City water and sewer are available
and the property is developed with a single family residence. Mr. Pruitt
advised that staff recommended approval of the annexation and RS-8 zoning.
Motion was made by Mr. Schwob>> seconded by
annexation and RS-8 (Single-Family Residential
unanimously (6 to 0).
Mr. Ferrell>> to approve the
"Eignt") zoning. Motion carried
2. M&B 33.03, Sec. 19-29S-16E
(Located on the So~th side of Nursery Road>>
East of Belcher Road)
(~agacos/ragaras)
A 87-20
Request - Annexation and Zoning, CG
(General Commercial)
The above property is located on the south side of Nursery Road, east of
Belcher Road.
The appl~cant was not present.
Ms. Harvey advised it is a requirement that the applicants or applicants'"
representative be present at a p~blic hearing, and she suggested this request
be continued to the Planning and Zoning Meeting set for June 16, 1987. She
stated that Planning would contact the applicants and advise applicants their
appearance is req~ired at the J~ne 16, 1987 Geeting.
Motion was made by Mr. Scnwob>> seconded by Ms. Nash>>
req~est until the Planning and Zoning Board meeting
1987. Motion carried unanimously (6 to 0).
to continue the above
scheduled for June 16,
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Minutes of the Planning and Zoning Meeting - June 2, 1987
Page -]-
.
D.
Zoning Atlas and Land Use Plan Amendment
1. M&B 33.02, Sec. 09-29S-16E
(Located at the West end of Hoyt Avenue
adjacent to and North of the Eddie C.
Moore Recreation Complex)
(City)
Z 87-8 LUP 87-13
Zonillg Atlas:
FROK: RS-6 (Single-Family Residential "Six")
TO: OSIR (Open Space/Recreation)
Land Use Plan:
FIOK: Lo~ Density Residential
TO: Open Space Recreation
The above property is located at the west end of Hoyt Avenue adjacent to and
north of the Eddie C. Moore Recreation Complex.
Mr. Pruitt advised this is a City-initiated request for Zoning Atlas amendment
from RS-6 (Single-Family Residential "Six") to OS/R (Open Space/Recreation)
and a Land Use Plan amendment from Low Density Residential to Open Space
Recreation. He advised the property was annexed into the City in June, 1986
and was proposed as a single-family subdivision. He further advised that the
City has purchased the property since that time and the City proposes to use
the property for expansion of the Eddie C. Moore Recreation Complex. He also
stated the property is to be used as a soccer practice field. Mr. Pruitt
stated staff recommended approval of the above request.
Motion was made by Green, seconded by Ms. Nash, to approve the request for
Zoning Atlas amendment from RS-6 (Single-Family Residential "Six") to OS/R
(Open Space/Recreation) and a Land Use Plan amendment from Low Density
Residential to Open Space Recreation. Motion carried unanimously (6 to 0).
G. Board and Staff C()Inments
After questioning by Mr. Schwob~ Ms. Harvey advised that amendments to the
Land Development Code will be scheduled before the Planning and Zoning Board
in the near future but is unsure of exact date. Mr. Hogan expressed concern
regarding the possible deletion of the section that requires ownership changes
of alcoholic beverage come before the Planning and Zoning Board. He stated he
hoped if this section was to be deleted there would be some other way to
control those places that have problems. Mr. Galbraith stated the noise
ordinance will hopefully take care of some of the problems.
Meeting adjourned at 2:30 PM.
.
Paula Harvey
Planning Director
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AGENDA
PLANNING & ZONING BOARD
JUNE 2. 1987 1:30 PM
ITmI
ACTION
(A)
Approval of minutes of May 19. 1987
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined
below:
1.
The Chai rman reads
is presented.
The Planning Director advises the Board of
information.
The applicant or his representative
Persons who support the application
The Planning Director,presents any
Persons who oppose the application
The Planning Director presents any
Persons supporting the application
reblttal.
Persons opposing may
The applicant has
The Board makes a
from the Public Hearing Notice
each
item as
it
2.
any pertinent
background
3.
4.
5.
6.
7.
8.
presents his case.
speak.
supporting written documents.
speak.
opposing written documents.
(other than applicant) may speak
~
$
9.
10.
11.
speak in rebuttal.
an opportunity for final
decision.
rebuttal.
FLORIDA SrATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
KUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
(B)
Conditional Uses:
1. Part Lot 1. Blk. B. Columbia Sub.
(207 Coronado Drive)
James Tracey (Anchor Mini Mart)
CO 87-44
Reques t - 2-APS
(Package Sales of
Alcoholic Beverages)
(Resort Commercial "Twenty-eight")
Zoned
- CR- 28
2. M&B 41.07. Sec. 19-29S-16E
(1458 U.s. Hwy. 19 South)
James P. Gills/Steve Coker
CO 87-45
.
Request
Zoned
Training School
OG (General Office)
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Agenda of the Planning and Zoning Board - June 2, 1987
Page -2-
.
3.
Lots 19 and 20, Blk. 2, Knollwood Replat
(1390 Gulf-to-Bay Boulevard)
Willimn J. Moran (Beer & Wine Deli)!
Fernando Cueva
CU 87-46
Request - 2-APS (PaCkage Sales of
Alcoholic Beverages)
Zoned CG (General Commercial)
4. Lot 4, Blk. 5, Gould & Ewing 1st Add.
(530 Cleveland Street)
Harrison Robertson, Jr./Stcven Motyl &
Bradford Cumming (Gillispie's)
CU 87-47
Request 2-COP (On Premise Consumption of
Alcoholic Beverages)
Zoned - UC[C] (Urban Center [Core])
ANNEXATION & ZONING & LAND USE PLAN AMENDMENTS:
.
'!l(f
(1)
(2)
(3)
Statement of
Presentation
Comments
individual -
case
by staff -
10 llinutes
(4)
(5)
c., ADnexatiou and ZoDing
1. Lot 9 and Part Lot 8, Suban's Sub.
(Located on the West side of
West Drive, North of Greenlea Drive)
(Ignos)
A 87-19
Request - Annexation and Zoning, RS-8
(Single-Family Residential "Eight")
2.
M&B 33.03, Sec. 19-29S-16E
(Located on the South side of Nursery Road,
East of Belcher Road)
(Magacos/Tagaras)
A 87-20
.
Request - Annexation and Zoning, CG
(General Commercial)
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Agenda of the Planning and Zoning Board - June 2, 1987
Page -3-
.
D.
Zoning Atlas and Land Use Plan Amendment
1 .
M&B 33.02, Sec.
(Located at the West end
adjacent to and North off
Moore Recreation Complex)
(City)
Z 87-8
lloyt Avenue
the Eddie C.
09-29S-16E
of
LUP
87-13
Zon:1ng Atlas:
FROK: RS-6 (Single-Family Residential "Six")
tn: aS/R (Open Space/Recreation)
Land Use
FROK:
Plan:
Low Density Residential
Open Space Recreation
tn:
E. Cbai~an's Items
P. Directors's Items
G. Board and Staff Comments
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