04/04/1989 (2)
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P&Z
PLANNING &. ZONING BOARD
DATE
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ITEM
ACTION
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AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, APRIL 4, 1989 - 1:30 PM
PLEDGE OF ALLEGIANCE
,".' INVOCATION
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A. Approval of minutes of March 14, 1989
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below:
1. The Chairman reads from the Public Hearing Notice each item as it is presented.
2. The Planning Director advises the Board of any pertinent background information.
3. The applicant or his representative presents his case.
4. Persons who supp()rt the application speak.
5. The Planning Director presents any supporting written documents.
6. Persons who oppose the application speak.
7. The Planning Director presents any opposing written documents.
8. Persons supporting the application (other than applicant) may speak in rebuttal.
9. Persons opposing may speak in rebuttal.
10. The applicant has an opportunity for tinal rebuttal.
11. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditional Uses:
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1.
M&B 44.09, Sec. 21.29S-15E
(1530 South Ft. Harrison)
Peter V. Gianfilippo/Charles Perry
CU 89-21
Request - BusinesslProfessional Office
(Real Estate Office for
Tourists)
Zoned - CR-24 (Resort Commercial
"Twenty-Four")
2. Lots 57 through 63 and part Lot 64,
Clearwater Beach Park
(490 Mandalay Avenue)
Mary G. Realty, Inc. (Binor's Liquor
Store )/Binor International, Inc./Patricia
Muscarella
CU 89-22
Request - 3- PS (package Sales of
Alcoholic Beverages)
Zoned - CB (Beach Commercial)
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P & Z AGENDA
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04/04/89
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ANNEXATION. ZONING. lAND USE PLAN AMENDMENTS. AND WCAL PlANMNG AGENCY
REVIEW:
(1)
(2)
(3)
Statement of case by applicant - 5 minutes
Presentation by staff - 5 minutes
Comments from public in supporVopposition:
individual - 3 minutes
spokesperson for group - 10 minutes
Public Hearings are closed
Discussion/Action by Board
(4)
(5)
C. Annexation and Zonins!:
1. M&B 41.06, Sec. 05-29S-16E
(Located on the south side of C.R. 193
immediately east of Paul B. Stephens
Exceptional Student Center)
(Oak Leaf Ltd.)
A 89-03
Request - Annexation and Zoning, RS-6
(Single Family Residential
"Six")
D. ZoninJ! Atlas and Land Use Plan amendment and
Local Planning Asrencv Review:
1.
Lots 5 through 7, Blk. B, Norwood Sub.
(Located at the SE comer of North Myrtle
Avenue and Marshall Street)
(Okuboye & Zayyad)
Z 89-02 LUP 89-02
Zo~ Atlas:
FROM: RM-8 (Multiple Family
Residential "Eight")
TO: CN (Neighborhood
Commercial)
Land Use Plan:
FROM: Low Density Residential
TO: Commercial{fourist Facilities
E. Chairman's Items
P & Z AGENDA
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F. Director's Items
l. (REQUEST FOR EXTENSION)
(\ Lots 23 to 2S & 32 t() 34, R.H. Padgett's
Sub. & Lots 1 to 13, Elk. E, Hibiscus
\'..: Gardens) (1219 Cleveland Street)
Irving Diamond, Trustee, Draneo Mgmt.
Consultants, Ltd. (Hunter's Lounge)/ State
Liquors of Clwtr ./Daniel Orsello
CU 88.83
Request - 4-COP (On-Premise
Consumption & Package Sales
of Alcol1olic Beverages)
Zoned - DC[E] (Urban Center
[Eastern Corridor])
2. (REQUEST FOR EXTENSION)
Lot 4, Part Lot 9, Miller's Rep.
(19-19a Rockaway Street)
Joan P. Boni/Lawrence Boni (Lorenzo's)
CU 88.84
Request - 2-COP (On Premise
Consumption of Alcoholic
Beverages)
Zoned - CR-28 (Resort Commercial
lt1\venty-Eight")
G. Board and Staff Comments
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P & Z AGENDA (REVISED)
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04/04/89
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I
o MINUTES
PLANNlNG & ZONING BOARD
TUESDAY, APRIL 4, 1989 -1:30 PM
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Members Present:
Chairman Johnson, Ms. Nixon, Messrs. Ehrig, Ferrell, Green, Hamilton (arrived at
1:37 PM), and Schwob
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.
ITEMS ARE USTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. Conditional Uses:
1. M&B 44.09, Sec. 21-29S-15E (1530 South Ft. Harrison)
Peter V. Gianfilippo/Charles Perry
CU 89-21
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Request - BusinessfProfessional Office (Real Estate Office for Tomists)
Zoned - CR-24 (Resort Commercial"1\venty-Four")
Ms. Harvey advised as follows: This is a request for business/professional office in the Resort Commercial
"Twenty-Four" zoning district; the specific request is for a real estate office to serve tourists; the governing
sections of the Land Development Code are Sections 136.025(b) and (c)(5); and, the Traffic Engineer had no
objection. Ms. Harvey stated this same item was before the Board on July 26, 1988, at which time the Board
approved the request with the condition that the Occupational License be procured within 6 months. She also
stated the realtor's office did not open within the allotted time and the conditional use approval has expired. Ms.
Harvey advised staff recommended approval of the above request subject to the following: 1) That the
Occupational License be procured within 6 months.
Atty. Charles Perry, representative of applicant, stated the applicant was delayed procuring necessary paperwork
and the six months expired. He added applicant is making tbe same request.
2. Lots 57 through 63 and part Lot 64, Clearwater Beach Park
(490 Mandalay Avenue)
Mary G. Realty, Inc. (Binor's Liquor Store)/Binor International, Inc./Patricia Muscarella
CD 89-22
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Perrell, to approve the above request subject to the following:
1) That the Occupational License be procured within 6 months. Motion carried unanimously ( 6 to 0).
Mr. Hamilton arrived at 1:37 PM.
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Request - 3-PS (Package Sales of Alcoholic Beverages)
Zoned - CB (Beach Commercial)
Ms. Harvey advised as follows: This is a request for package sales of alcoholic beverages in the Beach
Commercial zoning district; the specific request is for a new 3.PS State license; the governing sections of the
Land Development Code are Sections 136.024 and 136.025(b); applicant proposes a package liquor store in the
Gionis Plaza shopping center on Clearwater Beach; the Traffic Engineer had no objection; and, the Police
Department saw no reason to recommend denial. Ms. Harvey stated a variance to the separation distance
requirement from a residential zone is required as the store is 3.5 feet from the Resort Commercial zoning
district. She also stated the variance request is to be heard by the City Commission on Apri16, 1989. Ms. Harvey
advised staff recommended approval of the above request subject to the following: 1) That a variance to the
separation distance requirement be approved by the City Commission; 2) That the alcoholic beverage license be
obtained within 6 months; and 3) That the Occupational License be obtained within 6 months.
P & Z MINU1'ES
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04/04/89
Atty. Patricia Muscarella, representative of applicant, stated the store is approximately 1,000 square feet. She also
stated tlle Clearwater Beach Hotel and another motel are nearby and are eommercial uses. She further stated
tbe only other liquor stores are located on south Clearwater Beach and Island Estates.
r\ No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to the following:
1) That a variance to the separation distance requirement be approved by the City Commission; 2) That the
alcoholic beverage license be obtained within 6 months; and 3) That the Occupational License be obtained within
6 months. Motion carried unanimously (7 to 0).
C. Annexation and Zoning:
1. M&B 41.06, Sec. 05-29S-16E
(Located on the south side of C.R. 193 immediately east of Paul B. Stephens Exceptional Student
Center)
(Oak Leaf Ltd.)
A 89-03
Request - Annexation and Zoning, RS-6 (Single Family Residential"SiX')
The above property is located on the south side of C.R. 193 immediately east of Paul B. Stephens Exceptional
Student Center.
Atty. Tim.()thy Johnson, representative of applicant, stated applicant is requesting annexation and 112 acre lots
are proposed for the property. After questioning by Chairman Johnson, Atty. Johnson stated the house that is
currently on the site will remain.
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Ms. Harvey advised as follows: This is a request for annexation and RS-6 (Single Family Residential"SiX') zoning;
tbe request is compatible with SWTOunding uses; City water and sewer services can be extended to th.e property;
and, Pllblic Works requested the abutting right-of-way of C.R. 93 be including in the annexation. Ms. Harvey
advised staff recommended approval of the above request for annexation and RS-6 (Single Family Residential
"Six) zoning.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to recommend approval of the above request for
annexation and RS-6 (Single Family Residential "Six) zoning. Motion carried unanimously (7 to 0).
D. Zo~ Atlas and Land Use Plan amendment and Local Planning ~encv Review:
1. Lots 5 through 7, Blk. B, Norwood Sub. (Located at the SE corner of North Myrtle Avenue and
Marshall Street)
(Okuboye & Zayyad)
Z 89-02 LUP 89-02
Zoninl! Atlas:
FROM: RM-8 (Multiple Family Residential "Eight")
TO: CN (Neighborhood Commercial)
Land Use Plan:
FROM: Low Density Residential
TO: CommercialJTourist Facilities
The above property is located at the SE corner of North Myrtle Avenue and Marshall Street.
Dr. JOOm ()kuboye, property owner, stated he is aD Orthopedic Surgeon and he wants to add an additional office
to his service for the elderly residents in the area.
L,
Ms. Harvey advised as follows: This is a request for a zoning atlas amendment from RM-8 (Multiple Family
Residential "Eight") to eN (Neighborhood Commercial) and a Land Use Plan amendment from Low Density
Residential to Commercial{fourist Facilities; applicant first requested Limited Office zoning and the City
Commission, at the time of receipt and referral, expressed concern that the Limited Office zoning would be
P & Z MINUTES
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considered spot zoning; and, the City Commission requested applicant amend his application to Neighborhood
Commercial in order th.at the subject property be the same as the surrounding properties, which zoning the City
Commission felt would be appropriate. Ms. Harvey advised staff recommended approval of the request for a
zoning atlas amendmellt from RM-8 (Multiple Family Residential"Eight") to CN (Neighborhood Commercial)
and a Land Use Plan aDlendment from Low Density Residential to CommerciallTourist Facilities.
No persons appeared in support of or in opposition to the above request.
Mr. Hamilton commended applicant for his proposal and felt tie change would be good for the area.
Motion was made by M:r. Hamilton, seconded by Mr. Ehrig, to recommend approval of the request for a zoning
atlas amendment from :RM.8 (Multiple Family Residential "Eight") to CN (Neighborhood Commercial) and a
Land Use Plan from Low Density Residential to CommerciaIfI'ourist Facilities. Motion carried unanimously
(7 to 0).
F. Director's Items
1. (REQUEST FOR EXTENSION)
Lots 23 to 25 & 32 to 34, R.H. Padgett's Sub. & Lots 1 to 13, Elk. E, Hibiscus Gardens) (1219
Cleveland Street)
Irving Diamond, Trllstee, Oranco Mgmt. Consultants, Ltd. (Hunter's Lounge)/ State Liquors of
Clwtr./Daniel Orsello
CD 88-83
Request - 4-COP (On-Fremise Consumption & Package Sales of Alcoholic Beverages)
Zoned - UC[E] (Urban Center [Eastern Corridor])
Ms. Harvey advised this is a request for extension of approval granted on October 4, 1989 for on-premise
consumption and package sales of alcoh.olic beverages in the U rhan Center [Eastern Corridor] zoning district.
She advised the Board approved the above request subject to the following: 1) That the Building permit be
obtained within 6 months. Ms. Harvey advised staff recommended approval of the request for extension of the
above request subject to the following: 1) That the Building permit be obtained no later than October 4, 1989.
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Applicant's representative, Julie Hunt:cr, was present in the event the Board nad any questions.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mlr. Schwob, seconded by Mr. Ehrig, to approve the request for extension for the above
request subject to the fallowing: 1) Tl1at the Building permit be obtained no later than October 4, 1989. Motion
carried unanimously (7 to 0).
2. (REQUEST FOR EX'l'ENSION)
Lot 4, Part Lot 9, Miller's Rep. (19-19a Rockaway Street)
Joan P. Boni{Lawrence Boni (Lorenzo's)
CD 88-84
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Request - 2-COP (On Fremise Consumption of Alcoholic Beverages)
Zoned - CR.28 (Resort Commercial"Twenty-Eight")
Ms. Harvey advised tlli is a request for extension of approval granted on October 4, 1989 for on-premise
consumption of alcoholic beverages in the Resort Commercial "Twenty-Eight" zoning district. She advised the
Board approved the ab<lve request subject to the following: 1) That a variance to the separation distance be
approved by the City Commission; and, 2) That the Certificate of Occupancy be obtained within 6 months. She
also stated the City Commission approved the variance to the separation distance and applicant will not be
required to go before the City Commission a second time. She further advised the Development Code
Adjustment Board apprCJved an extension to May 22, 1989 for a parking variance. Ms. Harvey stated the previous
approval should have been granted subject to applicant obtaining a Building permit not a Certificate of
Occupancy. Ms. Harvey advised staff recommended approval of the request for extension of the above request
subject to the following: 1) That the Building permit be obtained no later than May 22, 1989.
Mr. Lawrence Born, applicant, appeared to answer questions the :Board may have. After questioning by Mr. Bom,
Ms. Harvey advised a Certificate of Occupancy and Building permit are two different things and advised the
Building permit is the first issued. Mr. Boni agreed to obtaining the Building permit no later than May 22, 1989.
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Meeting adjourned at 2:27 PM.
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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 request for extension for the above
re,quest subject to the following: 1) That the Building permit be obtained no later than May 22, 1989. Motion
carried unanimously (7 to 0).
Ms. Harvey explained that the City Commission felt there was no overwhelming problem in continuing review
of requests for expansion of alcoholic beverage establishments. She stated the Commission felt such a request
should be reviewed on the basis of the possibility of the expanded area being converted to a sales area.
G. Board and Staff COIWllents
Discussion followed on the possibility of having the Police Department make recommendations on alcoholic
beverage requests based on more than just a background report on the applicant. Ms. Harvey explained that the
neither the Police Department nor any other department is precluded from making recommendations on any
conditional use request. Concern was expressed by some Board members that the Police Department is not able
to make proper recommendations while concern was expressed by other Board members about not allowing full,
entitled use of one's property.
The Board agreed staff should request that the City Manager advise all departments that they are not limited
in the comments they give on conditional use requests.
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Paula Harvey
Acting Director
Planning and Development
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