09/15/1987
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KINU'TBS
PLANNING & ZONING BOARD
SEPTEMBER 15, 1987 - 1:30 PM
Members Present:
Chairman Johnson, Mesdames Nash and Nixon,
Messrs. Ferrell (arrived at 1:40 PM),
Green, Hogan, and Schwob
Also Present: M. A. Galbraith, Jr., City Attorney
(A) Due to noncompletion of minutes, motion was made by Mr. Hogan, seconded
by Mr- Schwob, to delay approval of minutes of Septeuber 1, 1987 until
the Planning and Zoning Meeting scheduled for Septe.ber 29, 1987. Motion
carried (6 to 0).
Chairman Johnson 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.
(B) Conditional Uses:
1.
(REQIJEST FOR EXTENSION)
Lot 1, Blk. A together with
Part Lots 2 and 3, Blk. B
Clearwater Beach Park 1st Add.
(41 Baymont Street)
Thomas Hersem & James Nielsen!
Michael Preston (Frenchy's)
CO 87-28
.
Request
2-COP (On Premise Consumption
of Alcoholic Beverages)
CB (Beach Commercial)
Zoned
Ms. Harvey advised as follows: This request is for extension of prior approval
for on premises consumption of alcoholic beverages in the Beach Commercial
zoning district; on April 14, 1987 this Board approved the above request for a
2-COP license subject to,applic.ant obtaining a building permit within 6 months
and filing a Unity of Title on premises to be used for the restaurant and
parking; and, applicant has not proceeded to secure permit to allow for the
expansion but is proposing to do so and is therefore requesting extension of
the approval. Ms. Harvey advised staff recommended approval of the extension
subject to the following conditions: 1) That a building permit be obtained
within 6 months; and 2) That a Unity of Title for Lot 1, Block A, and the West
1/2 of Lote 2 & 3, Block, Clearwater Beach Park 1st Addition Replay, or so
much of that property as is required for parking, be filed prior to issuance
of a building permit.
.
Hr. Paul Bako, attorney for applicant, advised applicant agrees to conditions
as previously approved. He advised that, when the Development Code Adjustment
Board denied a request for a variance to the front setback requirement, it was
necessary that applicant's architect redesign project in order to meet setback
requirements.
P & Z Minutes
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9/15/87
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After questioning by Mr. Schwob, Mr. Bako stated he is requesting a 6 months
extension.
Motion was made by Mr. Hogan, seconded by Mr. Schwob, to approve the request
for extension subject to the following conditions: 1) That a building permit
be obtained within 6 months; and 2) That a Unity of Title for Lot 1, Block A,
and the West 1/2 of Lots 2 & 3, Block, Clearwater Beach Park 1st Addition
Replay, or so much of that property as is required for parking, be filed prior
to issuance of a building permit. Motion carried unanimously (7 to 0).
2. M&B 23.07, Sec. l8-29S-16E
(235 South Belcher Road)
Pinellas Property Investment
(Pinch-A-Penny)/Fred Thomas
CU 87-74
Request
Zoned
Outdoor Retail Sales and Displays
- CG (General Commercial)
Ms. Harvey advised as follows: This is a request for outdoor retail sales and
displays in the General Commercial zoning district; the applicant is proposing
to display patio furniture and inflatable pool toys; the governing sections of
the Land Development Code are Sections l36.025(b) and (c)(22)j and, the
Traffic Engineer has no objection if use does not interfere with parking. Ms.
Harvey stated it is unclear where applicant is proposing to provide display
and requested clarification from applicant. She advised that, in reviewing the
application and in looking at the standards and what is hoped to be achieved
in terms of proper display, signage and advertising within the City, staff
recommended denial of the above request.
MS. Ruth Braden, representative of applicant, appeared to request approval of
outdoor displays of patio furniture and inflatable toys during operating hours
of 9 :00 AM to 6: 00 PM Monday through Saturday. She stated the display is
intended to be in the landscaped area of the property. She also stated
applicant received 2 permits for temporary use and 2 extensions and applicant
was instructed to apply for a conditional use. She further stated no
complaints of the displays were brought to applicant's attention.
No persons appeared in support of or in opposition to the above request.
Mr. Schwob stated he has seen the displays and felt the displays do not
interfere with parking and felt the displays were appropriate for the type of
business. He further felt the displays do not detract from the surrounding
area along Belcher Road. Ms. Nixon questioned how the Board could allow such a
request when portable signs, which she felt are similar, are not allowed. She
further qup.stioned that approval of the above request might appear as not
consistent with other requests that are not allowed. Mr. Schwob felt this
request differs from signs as it is not just advertisement.
Ms. Harvey advised that, if the Board should approve the above request, the
Board should be specific in what is approved and the hours of operation.
After questioning by Mr. Johnson, MS. Braden advised there is a special gravel
area outside the store for the patio furniture and inflatable items.
P & Z Minutes
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9/15/87
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Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above
request, specifically allowing the display of patio furniture and inflatable
pool toys in the gravel area on the south side of Pinch-A-Penny parking lot
during business hours of the store. Motion failed (3 to 4) with Ms. Nash and
Messrs. Ferrell and Schwob voting "aye" and Ms. Nixon, Messrs. Green and
Kogan, and Chairman Johnson voting "nay.-
Ms. Harvey requested that, before the Board considers the remaining
conditional uses, the City Attorney instruct the Board concerning conditional
use requests for alcoholic beverage sales. Mr. Galbraith stated a copy of an
order from a hearing officer was recently received regarding a request for a
package sales store on North Fort Harrison. He stated the hearing officer
reversed the Board's approval and applied the old "500 foot rule" which was
consistent with his last 2 decisions. He advised the hearing officer noted
that, although the new Land Development Code requires the Board to look for a
"sufficient distance" from a church, school or residence, the Chapter 72
provisions are still on the books and the Land Development Code contains
language that the new rules will work in tandem with Chapter 72 where the "500
foot rule" is found. Mr. Galbraith stated he advised against judicial review
as he felt the applicant would be the appropriate party to go to Circuit
Court.
Mr. Galbraith also advised that ordinances that may be pending need to be
disregarded by the Board since they have not been adopted. Mr. Galbraith
stated, though he feels the Board should use the "sufficient distance" rule,
the Board should be aware that 3 such cases have been reversed by the hearing
officer. After questioning by Ms. Nixon, Mr. Galbraith advised the same
hearing officer heard the 3 cases and a different hearing officer could
possibly make a different decision. He also felt the hearing officer's opinion
has not precedent value since they are not judicial opinions. After
questioning by Mr. Schwob, Mr. Galbraith felt it would be appropriate for the
Board to follow its understanding of the Land Development Code in making
decisions regarding requests for conditional use for alcoholic beverage sales.
3. M&B 14.06, M&B 14.00, and
Part M&B 14.01, Sec. l7-29-S-15E and
Lot B, Blk. 8, Bayview City Sub.
(2990 Gulf to Bay Boulevard)
Myron A. Smith Estate,
Gertrude S. Nall/Conoco (Kayo Oil)
CU 87-75
Request
2-APS (Package Sales of
Alcoholic Beverages)
CG (General Commercial)
Zoned
Ms. Harvey advised as follows: This is a request for package sales of
alcoholic beverages in the General Commercial zoning district; the specific
request is an upgrade of state license from a l-APS to a 2-APS license; the
Police Department saw no reason to deny license to applicant; and, the Traffic
Engineer had no objection. Ms. Harvey stated she is available for questions
but felt, and so advised the City Commission, it was not appropriate to make a
recommendation. She felt the Board should make its own decision as the City
Attorney advised.
P & Z Minutes
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9/15/87
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Ms. Harvey advised one letter of objection was received from the Wilder
Corporation.
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Kr. Michael Dix, representative of applicant, appeared to request approval of
the license to help increase sales. He advised the subject location is a small
convenience store and he is not aware of any schools or churches nearby. After
questioning by Mr. Johnson, Mr. Dix stated, though applicant sells a lot of
beer, many people request wine and if there weren't so many requests for wine
applicant would not be asking for license.
No persons appeared in support or opposition to the above request.
Mr. Schwob stated he had no problem with the interpretation of the Code and
felt the Board should be guided by the Land Development Code until it is
changed. He stated there have been no complaints from citizens with the
exception of 1 letter and there seems to be no apparent problems. He also felt
that wine coolers would be the larger part of wine sales-
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above
request subject to the use permit being procured within 6 months of approval
of the conditional use. Motion carried (5 to 2) with Mr- Hogan and Chairman
Johnson voting "nay."
4. Hercules Professional
Office Centre 1 Condo
(831 Hercules Avenue)
United Schools/Mark Perkins
CU 87-76
Request
Zoned
Trade School
- OL (Limited Office)
Ms. Harvey advised as follows: This request is for a commercial or trade
school in the Limited Office zoning district; the governing sections of the
Land Development Code are Sections 136.025(b) and (c)(9.1); on November 18,
1986, this Board approved a conditional use on a portion of property for the
commercial or trade school; applicant proposes to purchase additional property
and expand the operation; the Building Department requests an opportunity to
view building plans; Traffic Engineer had no objection as long as parking is
adequate; at hearing on the previous request it was determined provisions for
parking were adequate; and, no complaints have been received regarding the
operation. Ms. Harvey advised staff recommended approval subject to the use
permit being procured within 6 months of approval of the conditional use.
.
Kr. Hark Perkins, applicant, stated he is requesting approval of the
conditional use in order that United Schools can proceed to purchase the
entire property to expand the operation. After questioning by Mr. Schwob,
Mr. Perkins stated a gradual growth is anticipated, but United Schools
currently occupies approximately 7,300 square feet and plans are to expand in
a proposed building across the parking lot. After further questioning by
Mr. Schwob, Mr. Perkins advised students, most from out of state, are
transported from nearby apartments, the age of students are approximately 18
to 60 years, there are specific guidelines regarding possession and
consumption of alcoholic beverages in the school and in the apartments, and
most students are 18 to 26 years of age and primarily female. After
questioning by Mr. Ferrell, Mr. Perkins advised all instruction takes place
P & Z Minutes
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9/15/87
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inside the school unless there are field trips, which are typically at airline
reservation centers.
.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr.
request subject to the
of the conditional use.
Hogan, seconded by Mr. Schwo b, to approve the above
use permit being procured within 6 months of approval
Motion carried unanimously (7 to 0).
5. Lot I, Blk. B,
Barbour Morrow Sub.
(436 East Shore Drive)
Gilbert H. Schutzendorf/
Nancy Karwoski
eu 87-77
Request l-APS (Package Sales of
Alcoholic Beverages)
Zoned - CB (Beach Commercial)
Ms. Harvey advised
alcoholic beverages,
423 Poinsettia with
governing sections of
as follows: This is a request for package sales of
specifically for a l-APS license currently utilized at
a request to relocate to 436 East Shore Drive; the
the Land Development Code are Sections 136.025(b) and
(c)(2)j the Police Department saw no reason to deny applicant's request; and,
the Traffic Engineer had no objection.
.
Ms. Nancy Karwoski, applicant, advised she is requesting approval of transfer
of an existing license to a location approximately 150 feet distant. She also
advised that, to her knowledge, there is no objection to the new location. She
stated her license does not provide for the sale of wine and hours of
operation are from 7:00 AM to 6:00 BM Monday through Friday, and the operation
closes as 5:00 PM on Saturday and 2:30 PM on Sunday.
After questioning by Mr. Schwob, Ms. I<arwoski stated most
tourists but she has regular customers throughout the year and
former location on Poinsettia for approximately 2 1/2 years.
customers are
she was at her
No persons appeared in support of or in opposition to the above request.
Mr. Schwob stated he would not
but felt since this request was
detriment to the area.
like to see more beer available on the beach
not to sell additional beer there would be no
Motion was made by Mr.
request subject to the
of the conditional use.
Schwob, seconded by Hr. Green, to approve the above
use permit being procured within 6 months of approval
Motion carried unanimously (7 to 0).
.
P & Z; Minutes
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9/15/87
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Lots 13, 45, and 46,
Bayside Sub. (/2
(150 Brightwater Drive)
Kraymor Beach Partners, Ltd./
Richard McIver/Joseph Mason, Jr.
err 87-78
.
Request
Zoned
Marina Facility (Live Aboard)
CR-28 (Resort Commercial) &
AL/C (Aquatic Land/Coastal)
Ms. Harvey advised as follows: This is a request for marina facilities,
specifically requesting approval for a live aboard; the governing sections of
the Land Development Code are Sections 136.025(b) and (c)( 17); the Traffic
Engineer had no comment; the Environmental staff recommended denial; the
Harbormaster recommended denial because of the discharge of raw sewage; and,
Staff is concerned about this activity primarily because of environmental
issues but also because of parking concerns. Ms. Harvey advised that due to
these concerns staff recommended denial of the above request.
Mr. Richard S. lIelver, representative of owners and live aboard resident,
stated resident is well regarded by community and owners to his knowledge and
he is unaware of any problems with discharge of sewage. He stated the use is
compatible with surrounding uses, and a sketch attached to the application
indicates there is sufficient parking.
6)
After questioning by Mr. Hogan, Mr. McIver stated he cannot answer how the
sewage is handled since he didn't know it was a problem and he assumed the
sewage has been handled properly since there have been no complaints on that
issue. After questioning by Mr. Johnson, Mr. McIver stated he represents both
parties and the property owners gave him authority to execute the application.
The following persons appeared in opposition to the above request to give
their comments:
Mr. Herbert W. Leonhardt, 706 Bayway Boulevard, Clearwater Beach, stated that
Section 114.54 of the Clearwater Code deals with. houseboats. He stated the
Code allows, if permission is given from property owners on each side of a
property where a live aboard is located, the live aboard is allowed to remain
for 120 days. He felt 120 days is a long enough stay. Mr. Leonhardt stated he
will no longer swim in Clearwater Bay because of the pollution.
.
Hr. Williaa C. Held, 84rbor.aster, City of Clea~ater, recommends denial of
the subject request. He advised the following: Raw sewage is discharged in
Clearwater Harbor; he has received complaints th.at raw sewage is coming from
the subject boat; most live aboard boats sit at docks and are used as primary
residence; records indicate the subject boat has not been to Clea~ater Marina
to have holding tank pumped out and Clearwater Marina is the only marina with
pump out facilities within the Clearwater City limits; and, the area of the
where the boat is located does not flush well. Mr. Held stated Section 114.54
of the Code, which was mentioned earlier, refers to private docks. He also
stated that anyone living aboard a boat more than 72 hours must apply to the
Harbormaster for review and approval of 120 days.
P & Z Minutes
9/15/87
6
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Lots 13, 45, and 46,
Bayside Sub. /12
(150 Brightwater Drive)
Kraymor Beach Partners, Ltd./
Richard McIver/Joseph Mason, Jr.
Cll 87-78
~
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Request
Zoned
Marina Facility (Live Aboard)
CR-28 (Resort Commercial) &
AL/C (Aquatic Land/Coastal)
Ms. Harvey advised as follows: This is a request for marina facilities,
specifically requesting approval for a live aboard; the governing sections of
the Land Development Code are Sections 136.025(b) and (c)(l7); the Traffic
Engineer had no comment; the Environmental staff recommended denial; the
Harbormaster recommended denial because of the discharge of raw sewage; and,
Staff is concerned about this activity primarily because of environmental
issues but also because of parking concerns. Ms. Harvey advised that due to
these concerns staff recommended denial of the above request.
Mr. Richard S. McIver, representative of owners and live aboard resident,
stated resident is well regarded by community and owners to his knowledge and
he is unaware of any problems with discharge of sewage. He stated the use is
compatible with surrounding uses, and a sketch attached to the application
indicates there is sufficient parking.
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After questioning by Mr. Hogan, Mr. McIver stated he cannot answer how the
sewage is handled since he didn't know it was a problem and he assumed the
sewage has been handled properly since there have been no complaints on that
issue. After questioning by Mr. Johnson, Mr. McIver stated he represents both
parties and the property owners gave him authority to execute the application.
The following persons appeared in opposition to the above request to give
their comments:
Mr. Herbert W. Leonhardt, 706 Bayway Boulevard, Clearwater Beach, stated that
Section 114.54 of the Clearwater Code deals with houseboats. He stated the
Code allows, if permission is given from property owners on each side of a
property where a live aboard is located, the live aboard is allowed to remain
for 120 days. He felt 120 days is a long enough stay. Mr. Leonhardt stated he
will no longer swim in Clearwater Bay because of the pollution.
Hr. Williaa C. Held, Barbo~ster, City of Clearwater, recommends denial of
the subject request. He advised the following: Raw sewage is discharged in
Clearwater Harbor; he has received complaints that raw sewage is coming from
the subject boat; most live aboard boats sit at docks and are used as primary
residence; records indicate the subject boat has not been to Clearwater Marina
to have holding tank pumped out and Clearwater Marina is the only marina with
pump out facilities within the Clearwater City limits; and, the area of the
where the boat is located does not flush well. Mr. Held stated Section 114.54
of the Code, which was mentioned earlier, refers to private docks. He also
stated that anyone living aboard a boat more than 72 hours must apply to the
Harbormaster for review and approval of 120 days.
P & Z Minutes
6
9/15/87
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After questioning by Ms. Nixon, Mr. Held advised that as of 2 years ago there
were approximately 100 liveaboards- He stated he thinks property owners have
become more aware and there are less than 100 liveaboards at the present time.
He felt the main reasons for property owners' concern are sewage being
discharged and the parking problems.
After further questioning by Ms- Nixon, Mr. Held stated he felt that
eventually liveaboards will be required to have hookups to the City sewer
system. He also stated that parking is still another concern. After further
questioning by Ms. Nixon, Mr. ReId felt a start to control the subject live
aboard will be denial of his request for conditional use. Mr. Held advised he
reported the subject live aboard to City staff because he had complaints from
residents.
In rebuttal, Mr. McIver stated, that without specific proof that the subject
live aboard is discharging sewage, the request should be approved.
Mr. Schwob stated he is pleased that the City is one of the leaders who is
conscious of the live aboard situation and felt the Board should be consistent
in keeping the City clean.
Mr. Green felt that it is the applicant's responsibility to show he is
proper,ly taking care of sewage not the City's responsibility to show he is
improperly taking care of sewage.
Ms. Nixon stated the subject dock abuts residential property and felt live
aboard use should be adjacent to like uses.
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Motion was made by Mr. Hogan, seconded by Mr. Schwab, to deny the above
request. Motion carried unaninously (7 to 0).
7. Lots 2, 3, 4, 23, 24, and
Part Lot 25, Boulevard Heights
(1411 Gulf to Bay Boulevard)
Chi Tin Leung & Chung Ting Lam (Hong Kong
'Rest. & Lounge, Inc.)/John L. Bradley
CU 87-79
Request
4-COP-SRX (On Premise Consumption
of Alcoholic Beverages)
CG (General Commercial) &
RM-12 (Multiple Family Residential "Twelve")
Zoned
Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the General Commercial zoning district; the specific
license applied for is a 4-COP-SRX state license, which requires 51% food
requirement; the governing sections of the Land Development Code are Sections
136.025(b) and (c)(l); the Police Department saw no reason to deny license to
applicant; and, the Traffic Engineer had no objection as long as the premdses
will be used as a restaurant but felt there would be insufficient parking if
the use changed to a nightclub.
.
Mr. John Bradley, representative of applicant, stated the operation will be a
family-oriented restaurant and applicant anticipates sales of food and
nonalcoholic beverages to be about 70% of total sales. He advised applicant
has been operating restaurant for 4 months without alcoholic beverages.
P & Z Minutes
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9/15/87
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After questioning by Mr. Schwob, Mr. Bradley stated hours of operation are
from 10:00 AM to 10:00 P~. After questioning by Mr. Hogan, Mr. Bradley stated
there will be no entertainment. After questioning by Ms. NiKon, Mr. Bradley
advised there were previously alcohol sales at the subject location but the
new corporation does not have a license.
Ms. Harvey advised one letter was received in opposition to the above request.
No persons appeared in support of or in opposition to the above request.
Ms. Harvey advised that, if the Board approves the above request, the Board
should approve alcoholic beverages for the portion of the property zoned
General Commercial only. She also advised the RM-12 zoned portion is used for
parking only.
Mot ion was made by Mr. Schwob, seconded by Mr. Hogan, to approve the above
request subject to the following: 1) That the use permit be procured within 6
months of approval of the conditional use; 2) Approval of alcoholic beverage
sales is granted only for the portion of the property zoned General
Commercial; and 3) That no entertainment be provided. Motion carried
unanimously (7 to 0).
(C) Annexation and Zoning:
1.
M&B 21.24, Sec. 16-29S-16E
(located on the north side of
John's Parkway, west of Bayshore Blvd.)
(Cummings)
A 87-31
.
W
Request - Annexation and Zoning, RS-8
(Single Family Residential "Eight")
The above property is located on the north side of John's Parkway, wes t of
Bayshore Boulevard.
The applicant was not present.
Mr. Pruitt advised as follows: This is a request for annexation and RS-8
(Single Family Residential "Eight") zoning; City water and sewer are
available; and a single family residence is proposed. Mr. Pruitt advised that
staff recommended approval of the annexation and RS-8 (Single Family
Residential "Eight") zoning-
Motion was made by Mr. SchwQb, seconded by Mr. Hogan,
the annexation and RS-8 (Single Family Residential
carried unanimously (7 to 0).
to recommend approval of
"Eight~) zoning. Motion
.
P & Z Minutes
8
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9
9/15/87
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(D) Zoning Atlas and Land Use Plan:
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1.
Lot 11, Blk. 16, Milton Park Sub.
(Located on the north side of Tuskawilla
Street, west of Myrtle Avenue)
(Lollis/Supulski)
Z 87-14 LUP 87-20
(CONTINUED FROM 9/1/87 MEKTIKG)
Zoning Atlas
YROH: OL (Limited Office)
TO: IL (Limited Industrial)
Land Use Plan
FROM: Residential/Office
TO: Industrial
The above property is located on the north side of Tuskawilla Street, west of
Myrtle Avenue.
.
Ms. Jill Lollis, applicant, stated a roofing business is located at 710
Tuskawilla Street next door to the subject property and applicants proposed to
enlarge the business to use the subject property at 714 Tuskawilla Street to
store materials and park vehicles. After questioning by Mr. Hogan, Ms. Lollis
advised there is currently a house on the sub ject property and applicants
intend to eventually renovate the house for use as office space and use the
building next door for storage. She also advised current plans are to use the
back yard of the subject property for storage of material and vehicles. After
questioning by Mr. Schwob, Ms. Lollis stated a proposed sheet metal shop is
planned in the distant future and the subject property is intended to be used
for storage at the present time. After questioning by Ms. Nixon, Ms. Lollis
stated she can I t answer how much noise would be generated by a sheet metal
shop but the sheet metal shop is intended in the distant future. Ms. Lollis
stated that when the sheet metal shop becomes a reality it will be located on
the property at 710 Tuskawilla Street.
Mr. Pruitt advised as follows: This is a request for Land Use Plan amendment
from Residential/Office to Industrial and a Zoning Atlas amendment from OL
(Limited Office) to IL (Limited Industrial); the surrounding uses are office
uses to the north, a VFW at the end of the block, and a cemetery to the south;
and, the area was studied previously and was the subject of rezonings in 1979
and serves as a transition area between the industrial area and residential
areas to the east; the OL zoning as it was designed to do has promoted some
redevelopment along South Greenwood Avenue. Mr. Pruitt advised that, since the
plan is working as was intended, staff recolDmended denial of the above
request. Mr. Pruitt stated if applicant wants to use the subject property as
an office the OL zoning would be proper.
After questioning by Mr. Ferrell, Ms. Harvey advised there is no provision in
the OL ~oning for outdoor storage. Ms. Harvey advised staff's concern is the
deterioration of the OL district and the OL district: was intended as a buffer
between zoning districts. She stated the subject property could be used as an
office.
.
In rebut tal, Ms. Lollis stated applicant is trying to have more room to put
equipment on the property and to have it more secure.
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interested in using the back yard of the subject property for storage of
materials and the office use is intended for the future. Ms. Nixon expressed
concern that there is a doctor's office on the other side of the property and
felt the buffer should remain.
Mr. Ferrell felt the 3 small houses and the subject roofing business could be
zoned IL.
Mr. Green felt, though he understood staff concerns, it is not inappropriate
to "fine tune" rezonings done previously and felt the request is reasonable
and is not a significant encroachment into the buffer.
Ms. Harvey reminded the Board that when a rezoning is approved it is approved
for any use allowed in that zoning district. She stated there is no guarantee
how the subject property would be specifically used and any use allowed in the
IL district would be allowed on the subject property.
Motion was made by Mr. Schwob, seconded by Mr. Hogan, to recommend approval of
the request for Land Use Plan amendment from Residential/Office to Industrial
and a Zoning Atlas amendment from OL (Limited Office) to IL (Limited
Industrial). Motion carried (5 to 2) with Ms. Nixon and Chairman Johnson
voting "nay."
(E) Annexation. Zoning, and Land 11se Plan Amendllent:
L
Lot 1, Sunset Gardens Sub.
(Located on the northwest corner
at the intersection of Alemanda Drive
and Belcher Road)
(Dust)
A 87-32 LUP 87-22
Request - Annexation and Zoning, OL
Limited Office
Land Use Plan
~: Low Density Resicential
TO: Residential Office
The above property is located on the northwest corner at the intersection of
Alemanda Drive and Belcher Road.
Mr. Pruitt advised as follows: This is a request for annexation, OL (timited
Office) zoning and a Land Use Plan amendment from Low Density Residential to
Residential Office; the request is made to permit the conversion of an
existing single family residence to an office use; the present Land Use Plan.
classification is Low Density Residential and the County Land Use Plan is
Urban Low Density Residential which is comparable; surrounding llses are a
school to the north, offices to the east across Belcher Road, a single family
residence next door and south across the street; annexations which have
already occurred in the subdivision are RS-8 with the exception of Lot 47 to
the south which was annexed as OL; the neighborhood 1s already suffering from
encroachment of nonresident and high density residential uses; and City sewer
is available to the property. Mr. Pruitt advised that staff recommended
P & Z Minutes
10
9/15/87
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approval of
Residential
"Eight").
the annexation but maintaining the Land Use Plan as Low Density
and zoning the property to RS-8 (Single Family Residential
Mr. Hike Dallmann, representative of property owner, presented to the Board a
color-coded land use map of the area to indicate surrounding land uses (see
attached) and Mr. Dallmann pointed out the surrounding land uses. He stated
precedence has been set with the one lot already annexed and zoned OL and a
special exception was granted for parking for the lot immediately adjacent to
the lot zoned OL. He stated the property owner has operated as a photographer
for the past 8 years while the property was in the county. Mr. Dallmann also
passed around photographs which indicate the surrounding uses (see attached).
He advised the annexation and OL zoning would more closely suit property
owner's needs and would also increase the tax base.
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After ques tioning by 11s. Nixon) Ms. Harvey advised that Lot 46 is in the
county and further advised that when Lot 47 was annexed into the City
permis sion had already been given by the County to use the property as an
office. She further advised the City Commission would not have approved an OL
use had the use not already been in place and advised the approval of the
annexation was precedent setting. After questioning by Mr. Schwob) agreed that
the OL zoning would act as a buffer between a busy street and residential uses
but she advised the lots are small and road cuts to the lots could cause
problems with traffic. She also advised that the subject property would be
required to house both the business and any required parking and if additional
parking would be required by applicant it would be necessary to rezone an
additional lot to a multiple family use since parking is not allowed in a
single family residential zoning district.
Mr. Green felt there isn't a need for a buffer between the school to the north
and the residential area.
Mr. Ferrell felt access to the property would not necessarily be directly from
ReIcher Road but may be from the side street.
After questioning by Mr. Johnson, Mr. Dallmann stated if the requested 20ning
is not approved the property owner will stay in the County because he can
advertise his home occupation more if he is in the County than if he is in the
City.
Ms. Nixon felt the neighborhood should be protected and expressed concern that
if one property is rezoned other requests for rezoning ~ill follow.
Motion was made by Ms. Nixon) seconded by Mr. Hogan, to recommend denial of
the request for annexation) OL (Limited Office) zoning and a Land Use Plan
amendment from Low Density Residential to Residential Office. Motion carried
(6 to 1) with Mr. Ferrell voting "nay."
.
P & Z Minutes
11
9/15/87
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(F) Application for Land Developllleot Code Amendment:
1, Section 136.025, Chapter 136
To provide supplementary standards to
conditional use approval for alcoholic
beverage sales allowing variauces to
five hundred (500) foot requirements
to be approved by City Commission.
Ms. Harvey advised as follows: the City Commission forwarded to this Board a
few months ago a proposed ordinance tbat revised Chapter 72 and Chapter 136 of
the Code of Ordinances; several recommendations and changes were made by the
Board to the City Commission; and, the Ci ty Commission has continued the
proposed ~rdinance for three times.
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Regarding the proposed ordinance, Ms. Harvey advised as follows: At the urging
of City staff, the City Commission realized the apparent inconsistencies in
the Code with Chapter 72 setting the "500 foot rule" and Chapter 136 setting
the "sufficient distance" rule; in an effort to address the inconsistencies
without addressing other changes in the Code regarding the sale of alcoholic
beverages, the City Commission directed the City Attorney to draft the subject
ordinance; the subject ordinance makes one primary change, that being in lieu
of the language of "sufficient distance" in the Land Development Code in
Sections 136. 02S(c.) (l)(a) and 136. 025(c) (2)(a) language is inserted stating
"500 feet therefrom"; this change means any request for alcoholic beverage
sales must meet the distance requirement and any variance to the 500 foot rule
must go before the City Commission; and, Section 2 of the ordinance outlines
the procedure to follow for seeking a variance to the 500 foot rule.
Ms. Harvey stated this Board and the City Commission are aware that any
request for alc.oholic beverage sales will require a variance because with the
exception of very few locations all such requests will be within 500 feet of a
church, school or residence. She also stated such requests will require an
applicant to make application to the Ci ty Commission for a variance, which
application will be advertised and heard as a public hearing as is the
conditional use request. She further advised if the Board approves a request
for alcoholic beverage sales, under the proposed ordinance, the approval would
be subject to approval of a variance to the City Commission.
After questioning by Ms. Nixon, Ms. Harvey advised the measurements are taken
from the exterior wall of the business selling alcoholic beverages to the
nearest property line of a church, school or residence.
Ms. Nixon felt, if an applicant was located within 500 feet of a church,
school or residence, the application should not come before this Board because
it would be an au.tomatic denial. She felt it is a waste of the applicant's
time, the Board's time, and staff time to hear requests that will
automatically go to the City Commission.
.
After questioning by Mr. Green, Ms. Harvey verified that requests that are
approved by this Board would be approved subject to approval of a variance by
the City Commission and requests that are denied would not go to the City
Commission.
P & Z Minutes
12
9/.15/87
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Mr. Schwob felt the inclusion of a specific distance was wrong and felt the
sufficient distance rule should remain.
o
Motion was made by Mr. Sch'Wob to recommend that the Land Developm.ent Code
requirement of "suff icient distance" rem.ain as is and the "SOD foot" rule in
Chapter 72 be repealed. Motion failed for lack of a second.
Mr. Galbraith advised that with the conditional use process the idea is that
there be a Board to look at a subject property and the proposed use and then
consider various criteria, of which distance is one. He also advised there are
general standards that apply to every conditional use in addition to
supplementary standards. He stated there are standards other than distance
that must apply, such as parking, traffic flow, etc.
After questioning by Mr. Hogan, Mr. Galbraith stated the Board could grant
approval of a conditional use subject to approval of a variance request made
to the City Commission in regard to distance. He also stated this Board can
deny a request for reasons other than distance. He further stated this Board's
decision should be made independent of the distance factor.
Ms. Nixon felt this ordinance should not be approved but if the Commission
does approve the ordinance the order of review should be changed.
After questioning by the Board, Mr. Galbraith stated if the only objection the
Board has to a request is distance the proper motion would be to approve the
request subject to approval of a variance from the City Commission. He also
stated if a subject location is more than 500 feet the Board could still not
A approve a request because the Board felt the subject location 'Was not a
. sufficient distance from restricted areas.
Mr. Johnson stated it appears that residents are demanding a separation
distance in "feet" between a place selling alcoholic beverages and a church,
school or residence and one's idea of a distance in feet may be different from
another person.
Ms. Harvey advised, if the sufficient distance rule is taken away from the
standards the Board is to look at in granting conditional uses, the other
standards the Board would be concerned with are acceptable ingress/egress,
noise even though it is affected by distance, direction and glare of lights,
sufficient parking, sufficient landscaping and fencing, and compatibility.
Mr. Galbraith cautioned that denial based solely on insufficient parking would
be hard to defend if an applicant met Code requirements.
Ms. Nixon felt the procedure for review has 'Worked very well for 2 years and
this Board has had very few decisions overturned by a hearing officer.
Motion was made by Mr. Schwob, seconded by Ms. Nixon, to recommend to the City
Commission that proposed Ordinance 4470-87 be changed to delete from Sections
136.025(c)(1)(a) and l36.02.5(c)(2)(a) all proposed new language, which is
underlined, following the word "properties", to delete Section 2 of proposed
Ordinance 4470-87, and add a new Section 2 to proposed Ordinance 4470-87 to
repeal Section 72.05(b)(4). Motion carried unanimously (7 to 0).
.
P & Z Minutes
13
9/15/87
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Second Motion was made by Mr. Schwob, seconded by Ms. Green, that in the event
the immediately preceding motion is not accepted by the City Commission, it is
recommended that proposed Ordinance 4470-87, Sections 136.025(c)(1)(a) and
136.025(c)(2)(a), be amended by deleting the words "sufficiently distant" and
substitute "not less than 500 feet" and delete the words "but not less than
SOD feet therefrom" to end the sentences with "properties" AND that the
sequence of review be changed to read as follows: a) To the City Commission
for a variance from the minimum distance requirement, if necessary; b) To the
Planning and Zoning Board for a decision on the conditional use application,
which may be subject to obtaining any necessary variances; c) To the
Development Code Adjustment Board for any necessary variances other than to
the minimum distance requirement. Motion carried unanimously (7 to 0).
(I) Board and Staff Comments
Mr. Hogan handed out a proposed recommendation by the Planning and Zoning
Board to the City Commission (see attached) that no conditional use be granted
to any business engaged in the sale of gasoline and/or other motor fuels which
is requesting approval of alcoholic beverage sales and that a moratorium be
granted on such applications until such time that the ordinance is accepted or
rejected.
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After questioning by Ms. NiKon, Mr. Galbraith stated the Florida Legislature
allows City's to regulate the hours of operation and locations for sale of
alcoholic beverages as well as sanitary conditions. He stated he has not
researched whether the Board can regulate the sale of alcoholic beverages at a
particular location. He advised the City would have to show a reasonable
relationship between the objective the Board would be looking for and the
means it would use to reach the objective.
Mr. Johnson felt before the Board takes such a position there should be more
investigation done. Mr. Hogan felt the investigation should be done by the
Legal Department and his proposal is a suggestion. Mr. Schwob felt Mr. Hogan's.
proposal is a way to pass the Board's concern to the City Commission.
Mr. Green felt he would be more inclined to prohibit the sale of "chilled"
alcoholic beverages at establishments that sell gasoline.
Mr. Hogan stated if the Board does not approve the proposal he will gladly
withdraw the proposal and submit a different proposal to the City Commission.
Mr. Galbraith explained a "moratorium" causes difficulty with timing and
caution must be used to remain in the bounds of the law.
Motion was made by Mr. Schwob, seconded by Mr. Hogan, that the proposal as
submitted by Mr. Hogan be forwarded to the City Commission for approvaL
Motion was defeated (3 to 4) with Messrs, Schwob, Ferrell, and Hogan voting
-aye- and Mesdames Nash and NiKon, Mr. Green, and Chairman Johnson voting
-nay. ..
.
14
P & Z Minutes
9/15/87
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Motion
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and
was
was made by Ms.
Hogan be restated to be
thereon that the Eoard's
to 3 to deny submission
City Commission regarding
Zoning Board. Ms. Nixon
changes are requested. Motion
Nixon. seconded
from Mr.
by Mr. Schwob, the letter
Hogan of the Planning
vote to submit the
by the Board and further
said proposal be
felt this would allow
carried unanimously
submitted by
and Zoning Board
proposal from the Board
that comments from the
forwarded to the Planning and
the Commission to see that
(7t:oO).
list
4
Motion was made by
Commission adding
alcoholic beverages
Schwob, that
that conditional use
will not be granted.
Mr.
the proposed be
permi ts for the
Motion died for
submitted
sale of
lack to a
to the City
a "chilled"
second.
After questioning
request approved
Starlight Motel was
by
Ms.
Harvey
advised
the alcoholic beverage
location of the
name.
former
Nixon. Ms.
on Gulf to Bay Boulevard a t the
approved in the property owner's
After
stated that
Harrison
about
order
questioning by Mr.
the hours of operation
were not compatible to
6:00 PM. Ms. Harvey advised
will be mailed to the Board-
Schwob,
Galbraith advised the
the proposed liquor store
the surrounding businesses which
copies of the hearing officer's
Mr.
of
hearing officer
on North Fort
closed at
opinion and
Meeting adjourned at 4:40 PM.
.
.'
P & Z Minutes
15
9/15/87
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PICTUR.E KEY
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11
Taken From:
1 .
Subject P~ope~ty
Southeast across
Belcher Road
2.
Subject Property
South
3.
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view
of
Belcher
Road
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by Oak G~ove
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School
4.
Office Complex
Cigna Health Plan
Alemanda by subject
property
5.
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Cigna Health Plan
North
6.
Belcher Executive Cente~
North
'\
7.
Dentist Office & Oak Grove Medical Bldg
Southeast across Belcher
8.
Dentist Office
Nortfueast across Belcher
9.
Optometrist Office
Across Belcher Road
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Agenda of the Planning and Zoning Board - September 15, 1987
Page -3-
.
7.
Lots
Part
2, 3, 4, 23, 24, and
Lot 25, Boulevard Heights
(1411 Gulf to Bay Boulevard)
Chi Tin Leung & Chung Ting Lam (Hong Kong
Rest. & Lounge, Inc.)/John L. Bradley
CU 87-79
Zoned
4-COP-SRX (On Premise Consumption
of Alcoholic Beverages)
CG (General Commercial) &
RM-12 (Multiple Family Residential I.Twelve")
Request
ARHEXATION & ZONING & LANDS USE PLAN AHENDImNTS:
(1)
(2)
(3)
Statement of
Presentation
Comments
individual -
applicant - 5 minutes
5 Dinutes
from public in support/opposition:
3 minutes
spokesperson for group
Public Hearings are closed
Discussion/Action by Board
case by
by staff
10 ainutes
(4)
(5)
.
(C)
Annexation and Zoning:
1.
M&B 21.24, Sec. 16-29S-16E
(located on the north side of
John's Parkway, west of Bayshore Blvd.)
(Cummings)
A 87-31
"
Request - Annexation and Zoning, RS-~
(Single Family Residential "Eight")
(D)
Zoning Atlas and Land (Jse Plan:
1. Lot 11, Blk. 16, Milton Park Sub-
(Located on the north side of Tuskawi1la
Street, west of Myrtle Avenue)
(Lollis/Supulski)
Z 87-14 LUP 87-20
(CONTINUED FIlOK 9/1/87 MEETING)
Zoning
PKOK:
TO :
Atlas
OL (Limited Office)
IL (Limited Industrial)
.
Land Use Plan
Residential/Office
Industrial
F1lOM:
TO :
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