04/19/1988
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P&Z
PLANNING &. ZONING BOARD
DATE
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AGENDA
PLANNING & ZONING BOARD
TUESDAY, APRIL 19~ 1988 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
ACTION
(A) Approval of minutes of April 5, 1988
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined
below:
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CONDITIONAL USES:
The Chairman reads from the Public Hearing Notice each item as it
is presented.
The Planning Director advises the Board of D.ny pertinent background
information.
The appli.cant or his repreSl~ntati.ve presents his case.
Persons who support the application speak.
The Planning Director presents any supporti.ng written documents.
Persons who oppose the application speak.
The Planni.ng Directoc presents any opposing written documents.
Persons supporti.ng the application (other than applicant) may speak
rebuttal.
Persons opposing may speak in rebuttal.
The applicllot has <In opportunity for final rebuttal.
The Board makes <1 decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON A.l)P~ALING A DECISrON OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEr:DINGS TO SUPPORT SUCH APPEAL.
B. Conditional Uses:
1. M&B 13.09, Sec. 18-29S--l6E
(2472 Gulf-to-Bay Boulevard)
Zelman & Associates/Douglas Zelman
CD 88-28
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Request - 1.
Outdoor Retail Sales,
Displays and/or Storage
Vehicle Service
(General Commercial)
Zoned
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- CG
P & Z Agenda
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04/19/88
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Zoned
- UC[E]
(On Premise Consumption
of Alcoholic Beverages)
(Urban Center [Eastern Corridor])
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2.
Lot 2, R. H. Woodley Sub. and
Hercules Professional Office Center I Condo
(831 Hercules Avenue)
United Travel Schools/Mark Perkins
CD 88-29
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Request - Trade School
Zoned - OL (Limited Office)
3. M&B 13.06, Sec. 18-29S-16E
(2456 Gulf-to-Bay Boulevard)
Peter E. Tsai & Grace Y. C Chang
CD 88-30
Request - 4-COP-SRX (On Premise Consumption
of Alcoholic Beverages)
Zoned - CG (General Commercial)
4. Lot 7, Padgett's Estate Sub.
(1218 Cleveland Street)
Andrew W. Kallivokas (The
Sandpiper)/Patrick McCabe
CD 88-31
Request -- 2-COP
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5.
Lot 7, Bluff View Sub.
(418 Jeffords Street)
Jeannette Tendl (Arlene's
Childcare)/Jacques Kasparian
CU 88-32
Request - Child Day Care Center
Zoned - OL (Limited Office)
6 . La t sIt h ro ug h 12,
Belleair Highlands 1st Add., &
Lots 1 through la, Blk. A,
Belleair Highlands
(1465 South Ft. Harrison)
Ted P. Wittner/Robert Swanz
CU 88-33
Request - Noncommercial Parking
in R...~-8 Portion
Zoned - RN-8 (Mul t i.p Ie Fam i ly
Residential "Eight")
CG (General Commercial)
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P & Z Agenda
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04/19/88
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ANNEXATION & ZONING & LAND USE PLAN AMENDMENTS:
( 1)
( 2)
( 3)
Statement of case by applicant - 5 minutes
Presentation by staff - 5 minutes
Comments from public in support/opposition:
individual - 3 minutes
spokesperson for gr.oup - 10 minutes
Public Hearings are closed
Discussion/Action by Board
( 4)
( 5)
c. Annexation and Zoning:
1. Lot 3, Blk. 1, Bayview City Sub.
(Located on the south side of Virginia
Avenue, east of Bayview Avenue)
(Da re)
A 88-8
Request - Annexation and Zoning, RS-8
(SingLe Fami ly ResidentLll "Eight")
2.
Lot 6, Blk. C, Pine Ridge Sub.
(Located on the sout h side 0 f Wood,~in e
Street, east of North Betty Lane)
(Jackson)
A 88-9
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Request - Annexation and Zoning, RS-8
(Single Fami ly Residenti.11 "Eight")
3. Lots 41 and 42, Oakland Heights Sub.
(Located at the southeast corner of
the intersection of pinellas Street
and Lincoln Avenue)
( Quintero)
A 88-10
Request - Annexation and Zoning, CN
(Ne igllbo rhood Commerc ia 1)
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P & Z Agenda
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D. Zoning Atlas Amendment:
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Portion of M&B's 21.17 & 21.18)
Sec. 16-29S'-16E
(Located on the west side of Bayshore
Boulevard and on the north side of
John's Parl<.\vay)
(Bricks Management and Real Estate)
Z 88-7
Zoning Atlas:
FROM: RPD (Residential Planned Development)
TO: AL/C (Aquatic Lands/Coastal)
E. Chairman's Items
F. Director's Items
1. Discussion on Land Use Element
G. Board and Staff Comments
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P & Z Agenda
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94/19/88
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MINUTES
PLANNING & ZONING'BOARD
TUESDAY, APRIL 19, 1988 - 1:30 PM
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Members Present:
Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Green,
Hamilton, Hogan) and Schwob
A. Motion was made by Hr. Schwob, seconded by Mr. Hamilton., to approve the
minutes of the April 5, 1988 meeting as written. MotIon carried
unanimously (7 to 0).
Ms. Harvey advised that Agenda Item B(6) TDust be continued to the meeting of
May 31 1988 because aLl property owners \olithJn 200 feet did not receive public
hearillg not ices.
Chairman ..To hnson au t Ii ned the pt'ocedu res for condi t i.onal uses and ad vised 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 ~n
appeal through the City Clerk's Office. Florida Law requires any party
appealing a decision of this Board to have a r12col:-d of the proceedings to
support the appeal.
E. Conditional Uses:
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M&B 13.09) Sec. 18-29S -16E
(2472 Gulf.-to-Bay Boulevard)
Zelman & Associates/Douglas Zelman
CD 88-28
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Request - 1. Outdoo~ Retail Sales,
Displays and/or Storage
2. Vehicle Service
Zoned - CG (General Co~nercial)
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Ms. Harvey advised as follows: This request is for two conditional uses for
outdoor retail sales) displays and/or storage, specifically vehicle sales) and
vehicle se rvice in the Gene ral Comme rcial zoning dis t rict ; the governing
sections of the Land Development Code are Sections 136.02S(b), (c) (22) and
(c)(27); the Traffic Engineer had no objection if parking conforms to the
current Code; a copy of a plan submitted with the application was reviewed by
the City Commission on April 7) 1988 and the Commission applied the following
conditions on the pre limina ry site plan approval 1) signs and fencing/walls
are subject to separate review and permitting processes, 2) the size,
location, orientation and shieldi.ng of refuse containers mus t be provided on
the final site plan, 3) applicant must obtain final site plan approval by this
Board before final site plan review, 4) the site plan must be revised to meet
the minimum open green space) 5) the site plan must revised to eliminate one
of the proposed driveways off Shelley Street, 6) parking spaces and internal
drives for display area must be shown on the site plan) 7) information
regarding the number of parking spaces provided must include inventory/display
spaces, and 8) the building height must be identified in feet. Ms. Harvey
advised that the condition of Commission approval regarding the elimination of
a drlveway OIl Shelley St reet was prompted by concerns expressed by other
property owners who exper.ience problems with car dealerships who have
driveways onto streets abutting residential areas. Ms. Harvey advised that
staff recommended approval subject to the following conditions: 1) TIlat one of
the driveways of Shelley Street be eliminated; 2) That all vehicle service be
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P & Z Minutes
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04/19/88
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performed indoors) 3) That all storage of part:s be indoors, 4) That no major
repair work be done on vehi.cles on site; 5) That there be fencing <1nd
landscaping along the north property line to buffer this use from the
residential area; 6) That any outside lighting provided on the site is to be
oriented away from residential areA. and 7) That the Certificate of Occupancy
for the use be obtained in accordance with project completion speci.fied in the
site plan.
Mr. Douglas Zelman, applicant, advised he intends to have a small used car.
dealership. He advised service of vehicles will be primarily related to
repairs and preparation of cars to be sold. He requested permission to do car
detailing and tune ups and advised there is no intention to do major repair
work on site. He stated the above request will be similar to abutting property
owners and 1s in conformance with existing zoning. He added the business will
be a low traffi.c business and welt tnndscaped. He stated he agreed in part
with conditions set by the Commission and staff but requested 8 compromise on
3 condi t ions as fo llows; 1) 'fha t the SCl- vice not be requ ired to be in.doors bu t
that applicant be permitted to do such things as car washing and detailing out
of doors; 2) That the fencing not be required on the north side of the
property since that is where access is and it is important that he have good
visibility, and, 3) That he be allowed ~ temporary license for vehicle sales
after approval of the conditional use until renovations are complete and site
plan is certified.
Aftel" questioning by t-1r. Hogan, Ms. Harvey advised the Commission did not
actually require buffering because buffering is d condition normally discussed
by this Board. She n180 advised that buffering has typicalLy been required
where commercial property is adjacent or across the street from residential
property.
Hs. Nixon advised she received a telephone call from a
Street who strongly opposes the request but suggested
requi red if the reques t is approved.
resi.dent of Shelley
that buffering be
Mr. Zelman had no objection to landscape buffering but requested that fencing
be limited to the ~"estern 25 to 35 feet of the northe.rn property line. After
questioning by Board Hembers, Mr. Zelman clarified that the ccqucst involves
the eas terly rear port ion of the ent i re prope rty and fronts on Old Coachrna n
Road; and, he intends tl) wash and detail cars under the carport. He stated
that at present no repairs nre intended to be done at the subject location but
if repairs are done, they \vould be done under the carport. He requested that a
condition be placed that if or when repairs are done on site that the repairs
be done in an enclosed building. He also advised he has another location in
Dunedin where repairs are to be made.
After quest lonin.g by Board members, Ms. Ha rvey advised: this Board does not
have the authority to grant temporary retail sales as there is a procedure in
place that allows for temporary retail sales and it is an administrative
procedure taken care of in the Code Administrator's Office; and, if a building
is built on the subject property, an amended site plan would be required. Ms.
Harvey further cautioned t.he Board about requiring a specific number of feet
of fencing along the northern property since the layout of the business may
change and cause that specific number of feet of fencing to be inappropriate.
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The following persons appeared in oppesl tion to the above request to give
their comment s;
P & Z Mi nu t es
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04/19/88
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Ms. Deborah Hobbs, owner
would be detr imental to
approved that fencing be
Coachman Road.
of proper~y on Nash Street, felt the above request
the area. She lequested if the above request :is
required along Shelley Street and access be from Old
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Mr. Daniel S. White, 2488 Shelley Street, expf8ssed concern that the subject
property has had to be cleaned up by the City. He also expressed con.cern about
vagrants en the property, abandoned cars on the property, noise, the location
of the car wash, and the access road being on Shelley Street. He stated he
felt there should be fencing required along Shelley St reet. Mr. \.,bite added
tha t the prope rt y was pos te d by the City [or cleanup jus t today. Aite r
questloning by Board Members, Mr. White advised his property is the second lot
west of Old C08.chman Road on the north s ide of Shelley Street, and the subject
lot has been used for such things as the sale of Christmas trees and pumpkins
only for short periods of time.
In rebuttal> Mr. Zelman stated this is the first he heard about the problem of
high weeds and grass but felt that problem is Dot relevant to his request. He
also stated he has called police about vehicles on the property. After
questioning by ~1s. Nixon, Mr. Ze 1 man s ta ted he expec ts hi s hours of opera tion
to be froIn approximately 9;00 AN to 8:00 PM during the \~eek, 9:00 AM to 4:00
PM on Saturday, and closed on Sunday.
Mr. HamiLton expr.essed concern that the only access to this commercial
property is from a residential street. Mr. Ferrell felt the access being from
Shelley Street was the best situation and further felt the Traffic Engineer
would have an objection to an access from Old COflchrrulD Road.
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Mr. Green felt: the request was appropriate but that this Board should do (\s
much as possible to buffer the subject property from neighboring residential
areas.
Ms. Harvey stated she has no knowledge of a conversation between the Traffi~
Engineer dnd applicant regarding access from Old Coachman Road. She advised
the Board a bOll t lTlak ing a cond it ion that would tie tile leng th of fenci ng to a
driveway since the driveway might be moved. She also advised that the fencing
along a right-of-way could not be 6 feet in height. Ms. Harvey advised if the
Board Is having diffi.culty in making a decision regarding conditions, the
Board may want to consider continuing the above request in order to get a
response from the Traffic Engineer regarding access from other points.
Mr. Hamilton was in favor of seeing a revised site plan.
Mr. Hogan felt the only way he would vote for approval of the above request
would be if there is a 4 foot fence and landscaping, as well as access from
Old Coachman Road.
After- questioning by Hs. Nixon, Mr. Zelman stated there 1.s no fencing between
the two parcels of property.
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Motion was made by Mr. Schwob, seconded by Mr. Hogan, to continue the above
request to the Planning and Zoning Board Meeting scheduled for May 3, 1988, in
order for applicant to revise its site plan regarding conditions set by the
City Commission, fencing, points of access, and location of service facility-
Motion carried unanimously (7 to 0).
P & Z Minu.tes
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Request - Trade School
Zoned - OL (Limited Office)
2.
Lot 2, R. H. Woodley Sub. and
Hercules Professional Office Center I Condo
(831 Hercules Avenue)
United Travel Schools/Mark Perkins
CD 88-29
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Ms. Harvey advised as follows: This request is for a Commercial or Trade
Schoo 1 in the Limi ted Off i.ce zoning dist ric t.. the governing sections of the
Land Development Code nLe Sections 136.025(b) and (c)(9.1), the Traffic
Engineer had no objection if adequate parking 1s available; the use was
previously approved by this Board on September 15, 1987 subject to the use
permit being procured within 6 months; the time limit has expired and
construction did not begin; applicant is currently using a temporary building
which use was approved by this Board on December 15, 1987 for a period of one
year; and, a site plan has been subluit ted to the Gi ty and is ready for
certification if the Board approves the above request. Ms. Harvey advised that
staff recommended approval subject to the building permit being obtained
within 6 months from date of certification of final site plan.
Mr. Mark Perkins, applicant, stated he is requesting re--approval of a
previously approved conditional use. He further stated the 6 month time limit
elapsed because redesign of the building \-1as required. After questioning by
Mr. Schwob, Mr. Perkins stated there is only a change to the physical
struc ture of the building and there is no change in the operation. After
questioning by Mr. Johnson, Hr. Perkins advised the two modular buildings
approved in December, 1987 are still in use.
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No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hogan, seconded by Mr. Green, to approve the above
request subject to the following: 1) That the building per.mit be obtained
within 6 months from date of certification of final site plan. Motion carried
unanimously (1 to 0).
3. M&B 13.06, Sec. 18-29S--16E
(2456 Gulf-to-Bay Boulevard)
Peter E. Tsai & Grace Y. C Chang
CU 88-30
Request - 4-COP-SRX (On Premise Consumption
of Alcoholic Beverages)
Zoned - CG (General Commercial)
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Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the General Commercial zoning district; the specific
state license being applied for is a 4-COP-SRX license, the governing section
of the Land Development Code is Sectlon 136.025(b) and the provisions of
Ordinance No. 4420-87; the Traffic Engineer had no objection; the Police
Department saw no reason to deny license to applicant; the site is an existing
restaurant and a change of ownership occurred some time ago; and, no variance
to the separation distance would be required. Ms. Harvey advised staff
recommended approval subject to the Occupational License tor the present
business be obtained within 6 months.
P & Z Minutes
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04/19/88
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Request - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - UC[E] (Urban Center [Eastern Corridor])
Mr. Robert Campbell, representative of applicant) stated the ownership of the
subject license changed about 6 months ago and applicants were not aware of
the need to corne before this Board for approval.
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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. Hamilton, to approve the above
request subject to the following: 1) That the Occupational License for the
present business be obtained within 6 months. Motion carried unan~mously
(7 to 0).
4. Lot 7, Padgett1s Estate Sub.
(1218 Cleveland Street)
Andrew W. Kallivokas (The
Sandpiper)/Patrick McCabe
CD 88-31
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Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the Urban Center [Eastern Corridor] zoning district;
the specific state license being applied for 1s a change of ownership of a
2-COP license; the governing sect ion of the l.and Development Code is Section
l36.025(b) and the provisions of Ordinance No. 4420'-87; the Traffic Engineer
had no objection, the Police Department 8 a \01 no reason to deny license to
applican t; the above proper ty is the fo rmer si te of a res tau ran t and 1.ol..1nge;
it is staff's understanding the change in ownership is B corporate change in
ownership; and, since applicant has requested no expansion of the propecty and
no increase in seating the change in ownership is grandfathered in under the
terms of Ordinance No. 4420-87 and separation distance requirements do not
apply. Ms. Harvey advised that staff recommended approval subject to the
Occupational l..icense being obtai ned by the current new owner within 6 months.
Atty. Sam Leonard, representative of applicant, stated he is present ~o give
an explanation, if the Board requires) of the change of stock ownership of the
corporation. He advised the prior owner of the stock passed away one year ago
and the stock has been in the ownership of the deceased's representative.
Mr. Patrick McCabe, applicant) stated he used to own a restaurant and lounge
in Dunedin which didn't work out and now he wants to open a place in
Clearwater. He also stated he requests approval of a restaurant and lounge at
the above location. After questioning by Board members) Mr. McCabe advLsed as
follows: the hours of operation will be 8:00 AM to 2:00 AN; the kitchen will
be open until 2:00 AM; there will be no package sales; there will I>€ live
entertainment in the form of bands or comedians on Friday and Saturday nights;
there will be no outside loud speakers; applicant was not involved with the
previous ownership; and, his previous operation closed because business
slacked off due to construction on the roadway.
Ms. Harvey advised that 11 letters of objection were received in regard to the
above reques t.
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The following persons appeared in opposition to the above request t() give
their comments:
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04/L9/88
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In rebuttal) Hr. Leonard felt the objections should have been made to the
previous owner or the personal representative of the previous owner. He stated
the applicant has experience oper,'lting establishments. He also stated the
busin.ess is not defunct and the appli.cant is the successor of the previous
owner. He advised applicant pledges to do a better job than the previous owner
and fe lt the appli cant should not be res pons.i b le for the ope rat ion of the
previ ous owne r. After q ues t ioni ng by Hr. Hami.l ton, Nr. Leona t"d s ta ted Cris
Kallivokas) who is listed as the representative) is the son of the previous
owner's mother and lives near Washington) D.C. He further stated the personal
representative of the estate ran the business until it closed. After
questioning by 1-1s. Nixon, Hr. HcCabe stated the other stockholders of the
corporation are a David Carns and 'Nichael Petro. Mr. Leona(d advised they
became partners within the last two weeks. After further questioning by 11s.
Nixon, Mr. McCabe stated he is now open and is serving alcoholic beverAges.
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Mr. John Ilomer, adjacent property owner) stated he submitted comments and
attached copies of polLee report.s whLch show the history of the above
location. He stated he cannot understand \.,hy the use is being considered
grandfather-cd. Mr. Homer expressed concern about the noise.
Hr. Jerry Center,. 13elleair Beach) whose family owns property adjoining the
subject property, stated customers of the Sandpiper used his parking lot
without his permission. He expressed concern about li.tter in the area. He
questioned that the use is being considered grandfathered.
Ms. Deborab Hobbs, property owner at 1215 Grove Street and 15-19 North
Jefferson Street) stated that before the Sandpiper closed she lost all the
tenants in the building. She expressed concern about vandalism, noise and
litter when the establishment was open previously. She stated the area has
gotten much better since the estAblishment closed.
Ms. Marian Eusch, 1225 Grove Street) expressed concern dbQut the noise and the
intoxicated persons in the area. She expressed concern that property values in
the area wi 11 be lowered.
Ms. Ann Morrison, 1218 Grove Street) stated there is not: only noise inside the
building but also outside the buil-ding. She stated that things have been
better since the establishment has been closed.
Ms. Harvey clarified that the state perceived this change as mel:'ely a change
of corporate owners and did not require zoning approval by the City of
Cleanmter.
After questioning by Ms. Nixon, Mr. McCabe stated he has been selling
alcoholic beverages at the subject location since last Wednesday. Mr. McCabe
stated he is trying to get new clientele, he has a doorman at the
establishment, and he wants to make a restaurant out of the establishment and
attract ~~e lunch crowd.
Mr. Schwab expressed concern. that the same problems vlill continue.
Mr. Green felt the new applicant appears sincere but he felt there should not
be a bar at the subject location.
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Ms. Karvey advised Ordinance 4420-87 very clearly provides for grandfathering
of separation for existing business establishments and applies unless a
business is closed for more than one year under the nonconforming sections of
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Mr. Green felt the conditions should be condi tions that. would stand up on
appeal. He felt a 9;00 PH closing might not stand up on appeal.
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the Code. She also advis cd tha t one of the d iff icul tie s dur i ng the public
hearings on the ordinance was over the issue of whether- th.is Boa rd should be
reviewing a change of ownership of an alcoholic bever-age license. She stated
that, on advice of the City Attorney, the primary purpose of the change of
ownership review was not to decl de whe the r alcoholic beverages should or
should not be served but for the Board to have the opportunity to impose
conditions 'vhere problems have been experienced in the past and where there
has not been an expansion of a facility or an increase in seating or a change
in the license. She encouraged the Board to look at the h.ours of operation,
the hours of kitchen operation, and/or killds of entertainment. She advised the
Board does not have to negotiate with applicants r.egarding conditions but. is
permitted to impose conditions of approval. Ns. Harvey requested the Board to
consider tile position staff and the City A.ttorney will be put in if, on the
bas is of change of ownershl p on ly and the prov isl ons of grand fa the ri ng of
separation, a case is appealed and tile City is required to defend the decision
of the Board to deny a request.
Mr. Hogan stated he does not agree with the City Attorney. He felt the subject
establishment has been a public nui.sanc.e and the only OpPoL"tunity to change
that is when it comes be fore this Board. ~1s. Harvey advised that Ordinance No.
4420-87 clear 1y conta ins provis ions to take ca re ~)f nuisances tha t would
occur. Mr. Hogan advised that the B08t:"d) in the past, had denied a change of
ownership because an establishment W.1S considered n publie nuisance. Hs.
Harvey stated the r.ules and regulations 'vere dL fferent at the time the Board
reviewed the estabLishment ill question .:md separation distance applied to
residential uses of property and not residential zones and there was no
provision for grandfathering of separRtion. She also advised the Boar.d decided
on the basis of the "sufficient distance" rule in the past.
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Ms. Nixon suggested th;lt no sale of nlcoholic beverages and no live
entertainment be permitted after 9;00 PM.
After questioning by i'lr. SChvlOb, Ms. Har-vey st.ated applic.ant, being in the
down town dis t r ict, me et s pa rk. i.ng req ui rement s because there is suff icient
public park.i.ng in the down town dis t Lict and, t. hough the re i.s no parking on
site, applicant is not in violation of parking requirements.
Ms. Nixon fell the hours of operation should be compatible \.,ith the hours of
operation of the surrounding uses.
Mr. Hogan felt the same type of operation wi-lI attract the same type of
clientele and whether the closing time is 9:00 PM, 10:00 PI1, or midnight,
there will be problems and possibly people drinking in the parking lots after
hours. He felt there will be problems no matter what restr-ictions are placed
on hours of operation. He stated he does not agree with the City Attorney that
such places of operation cannot be stopped.
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After questioning by Ms. Nixon, Ms. Harvey advised the. Board is permitted to
restrict hours of operation and hours that alcoholic beverages were able to be
sold. She suggested that, if the hours of operation and hours that alcoholic
beverages may be sold are restricted, they be made the same to enable the City
to better monitor the establishment.
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04/19/88
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Chai rrnan Johnson
interested party
explained the procedures for appeal in the event
wished to pursue an appeal of the Board's decision.
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Mr. Green felt a 10:00 PM closin.g during the week and a midnight closing on
Friday and Saturday nights would be appropriate.
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Mr. Ferrell felt no outside speakers should be allowed and that the applicant
be required to keep doors closed during hours of live music.
11r. Schwob felt this Board should do the most it can to eliminate
incompatibility factors for nearby residents.
Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above
request subject to the following: 1) That the Occupational License be obtained
by the cu rrent owner wi thin 6 months; 2) That the hours of closing be
established as 10: 00 PH during the week and 12: 00 Midnight on Friday and
Saturday; 3) That the kitchen remain open until closing, 4) That no outside
speakers be permitted; and, 5) That the doors be kept closed during hours of
live enter tainment. Motion ca rried (5 to 2) with Mr. Hogan and Chairman
Johnson voting "nay." Mr. Hogan voted "nay" because he felt the use should be
disallowed.
Mr. Homer requested a copy of the City Attorney's opinion regarding change of
ownership. Hs. Harvey stated there was no "written" opinion and if Hr. Homer
wanted the opinion in writing he should make 1118 request to the City Attorney
in wri ting.
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She stated she does not have the authori.ty to require the City Attorney to
issue written opinions unless instructed by this Board. The Board requested a
written opinion regarding change of ownership of alcoholic beverage licenses.
After questioning by Mr. Homer, 1'1s. Harvey advised that enforcement of
violations are a joint effort between the Police Department and the Code
Administration Division of the Planning and Urban Development Department.
5. Lot 7, Bluff View Sub.
(418 Jeffords Street)
Jeannette Tendl (Arleners
Childcare)/Jacques Kasparian
CU 88-32
Request - Child Day Care Center
Zoned - OL (Limited Office)
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Ms. Harvey advised as follows: This is a request for a child day care center
in the Limited Office zoning district; the governing sections of the Land
Development Code are Sections 136.025(b) and (c)(8); the Traffic Engineer had
no objection if the parking plan is reworked; there is an existing house on
the property and applicant plans to convert the first floor to the day care
center and the second floor is to be converted to living quarters for property
owners; and) the subject location is directly across the street from Morton
Plant Hospital and the play area is immediately adjacent to Harbor Oaks. She
stated that this Limited Office zoning was specifically intended as a buffer
between the residential zoning and Morton Plant Hospital. Ms. Harvey advised
that, based on incompatibility and noise) staff recommended denial of the
above reques t.
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04/19/88
The Board expressed concern that no one had shown up to speak on the above
request. The Board delayed f.urther discussion and decision until Ns. Harvey
determined through the City Clerk's Off ice that proper notices we re mailed to
all property owners within 200 feet of the above location.
Mr. Jacques Kasparian, representative, stated applicant currently has a child
day care center operating from 8:45 AM to 5:45 PM. He stated there is a lot of
shrubbery that will act as a buffer. He also stated one of the services
('" provided is pickup and delive ry of the children and for tha t reason no parking
" is necessary. He felt the day care center would not be a detriment to the
area. After questioning by Board members, M.r. Kasparian stated the chi.ldren
range in age to 2 to 6 years; the children are outside two times daily, once
in the morning and once in the afternoon; if all children ~ere not outside at
the same times, they would be outside for a longer duration; and, the daily
schedule is that the children are picked up at 8:45 AM, they have breakfast at
the center, they are outside from about 10:30 AM or 11:00 AM until Noon, they
have lunch then naps, they are outside until about 5:00 PM, and they then help
clean up and are then taken home.
No persons appeared in support of or in opposition to the above request.
After questioning by Ms. Harvey, Mr. Kasparian stated he is authorized to care
for 4 children at the present tIme. He also stated his parking variance for 3
spaces was approved by the Development Code Adjustment Board on April 14,
1988.
Chairman Johnson expressed concern if there was sufficient outdoor play area.
After questioning by Ms. Nixon, Ms. Harvey stated she has no reason to believe
that the item was not properly advertised.
Ms. Nixon stated that she has always supported residents against intrusion by
child day care centers and, though there are no residents in opposition to the
above request, she would still be opposed to the request because she felt it
( was incompatible with the neighboring doctors' offices and residences.
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Mr. Hogan felt the a child day care center would be an intrusion to the
neighborhood.
Motion was made by Ms. Nixon, seconded by Hr. Hogan, to deny the above
request. A roll call was taken and the motion failed (3 to 4) with Ms. Nixon,
Mr. Hogan, and Chairman Johnson voting "aye" and Messrs. Ferrell, Green,
Hamilton, and SChlil0b voting "nay."
Motion was made by Nr. Green, seconded by Mr. Hamilton, to approve the above
request subject to the following: 1) TIlat the Occupational License be
procured within 6 months. A roll call was taken and the motion passed (4 to 3)
with Messrs. Ferrell, Green, Hamilton, and Schwob voting "aye" and Ms. Nixon,
Mr. Hogan, and Chairman Johnson voting "nay."
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04/19/88
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6.
Lots 1 through 12,
Belleair Highlands 1st Add., &
Lots 1 through 10, Blk. A,
Be11eair Highlands
(1465 South Ft. Harrison)
Ted P. Wittner/Robert Swanz
CU 88-33
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Request Noncommercial Parking
in RM-8 Portion
Zoned - RM-8 (Multiple Family
Residential "Eight")
CG (General Conwercial)
Ms- Harvey advised that the above request must be continued to the Planning
and Zoning Board Meeting scheduled May 3, 1988. She stated that the hearing
notices were not sent to all property owners within 200 feet. She also stated
that notices are to be mailed to all property owners within 200 feet to give
notice that the above request will be heard on May 3, 1988.
Motion was made by Mr. Hogan, seconded by Mr. Green, to cont inue the above
request to the Planning and Zoning Board Meeting scheduled May 3, 1988. Motion
carried unanimously (7 to 0).
C. Annexation and Zoning:
1.
Lot 3, Blk. 1, Bayview City Sub.
(Located on the south side of Virginia
Avenue, east of Bayview Avenue)
(Bare)
A 88-8
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Request - Annexation and Zoning, RS-8
(Single Family Residential "Eight")
The above property is located on the south side of Virginia Avenue, east of
Bayview Avenue.
Mr. Pruitt advised as follows: This ts a request for annexation and RS-8
(Single Family Residential "Eight") zoning; there is an existing single family
residence on the property and the reques t is made in orde r that applicant may
receive City services; City water and sewer are available; natural gas is not
available; and, the surrounding land uses are RS-8 on three sides and RMH on
tIle remaining side. Mr. Pruit t advised staff r.ecommended approval of the
annexation and RS-8 (Single Family Residential "Eight") zoning.
TI1e applicant was not present.
Motion was lmde by Mr. Schwob, seconded by Mr. Ferrell, to recommend approval
of the annexation and RS-8 (Single Family Residential "Eight") zoning. Motion
carried unanimously (7 to 0).
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04/19/88
Request - fu1nexation and Zoning, CN
(Neighborhood Commercial)
2.
Lot 6, Blk. C, Pine Ridge Sub.
(Located on the south side of Woodbine
Street, east of North Betty Lane)
(Ja ckson )
A 88-- 9
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Request - Annexation and Zoning, RS.8
(Single Famlly Residential "Eight")
The above property is located on the south side of Woodbine Street, east of
North Betty Lane.
Mr. Pruitt advised as follows: This is a request fOl- annexatLon and RS.8
(Si ngle Family Res ide nt ial "Eight") zoni ng; the re is an exis t ing sIngle f ami ly
residence on the property and the request is made in orde r that applicant may
receive City servicesj City water and sewer drc available, natural gas is not
available; and, the surrounding Innd uses are single family residences. Mr.
Pruit t advised s taf f recommended appt:"oval of the annexa tion nnd RS-8 (Single
Family Residential "Eight") zonlng.
The applicant was not present.
Motion was made by Mr. Hogan, seconded by Mr. Hamilton, to recommend approval
of the annexation and RS-8 (Single Family Residential "Eight") zoning. Motion
carried unanimously (7 to 0).
3.
Lots 41 and 42, Oakland Heights Sub.
(Located at the southeast corner of
the intersection of Pinellas Street
and Lincoln Avenue)
(Quin.tero)
A 88-10
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The above property is located at the southeast corner of the intersection of
Pinellas Street and Lincoln Avenue.
Mr. Pruitt advised as follows: This is a request for anu€Kation and eN
(Neighborhood Commercial) zoningj the property is located immediately to the
rear of Sears town , there currently exis ts on the property 2 single family
residences; the property owner proposes to develop the property with an air
conditioning service; City water, sewer, and natural gas are available, the
surrounding uses are vacant lots, vehicle storage and a shopping center. Mr.
Pruit t advised staff recommended approval of the annexation and CN
(Neighborhood Commerc1.al) zoning-
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Mr. Herb Quintero, property O\>lner, stated he is requesting annexation of the
property and is present to answer any questions the Board may have. After
questioning by Board members, Mr. Quintero stated one of the existing houses
is vacant and the other is occupied, a small air conditioning service is
proposed for the property but there will be no work done at the above location
at this time, and one of the houses will reTM.in and the other house will be
torn down.
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Mot Ion was made by Mr. Schwab, seconded by Mr. Hogan, to recommend approval of
the annexation nnd eN (Neighborhood Commercial) zoning. Motion carried
unanimously (7 to 0).
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D.
Zoning Atlas Amendment~
1. Portion of M&B's 21.17 & 21.18,
Sec. 16-29S .16E
(Located on the west side of Bayshore
Boulevard and on the north side of
John's Pa rkwcJY)
(Bricks Manngement and Real Estate)
Z 88- 7
Zoning Atlas:
FROM: RPD (Residential Planned Development)
TO: AL/C (Aquatic Lands/Coastal)
The above property Ls located on the west side of Bayshore Boulevard and on
the north side of John's Parkway.
Mr. Pruitt advised this Ls a request for Zoning Atlas amendment from RPD 5.8
(Residential Planned Development) to AL/C (Aquati.c Lands/Coastal). H.e .1lso
advised a Haster RPD Site Plan for Bricks Management and Real Estate was
reviewed previously by this Board and one of the conditions of approval '>laS
that the area under the jurisdiction of D. E.R. be rezoned to AL/C (Aquatic
Lands/Coastal). Mr. Pruitt advised that staff recommended Hpproval of the
Zoning Atlas amendmerlt: f: rom RPD 5.8 (Res ident i;)l Planned Development) to Al,/C
(Aquatic Lands/Coastal).
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Motion was made by Mr. Ferrell, seconded by Mr. H.ogan, to recommend .clpproval
of the Zoning Atlas amendment from RPD 5.8 (ResidentIal Planned Development)
to AL/C (Aquatic Lands/Coastal). Motion carried unanimously (7 to 0).
F. Director's Items
Ms. Harvey stated that staff is in the process of updating the City's
Comprehensive Plan. She stated the Planning and Zoning Board is not only
required to review the Comprehensive Plan but the Board has also been assigned
the responsibili ty to Hct as the Task Force :::>n the Land Use Element of the
Comprehensive Plan. She advised that several discuss10ns will be required to
specifically address the issue of the existing Land Use Plan classifications
and any changes that may be made. She also advised staff is aware of some
changes that will need to be made but the City will have the opportunity to
look at the classifications that are on the Land Use Plan.
Hs. Harvey advised tht~ members will be required to set aside workshop times to
discuss the Land Use Plan and any changes to be made. She suggested the Board
meet some time before the next Board meeting scheduled on Hay 3~ 1988. The
Board agreed on a time of Monday, May 2, 1988, at 1:00 PH. Ms. Harvey advised
written notice will be sent to the Board advising the members of the location
of the mee ting.
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After questioning by Nr. Hogan, Ms. Harvey advised that some rezonings may be
necessary within the next 2 years but she doesn't anticipate areawide
rezonings will be required.
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Mr. Hogan felt that the operation will remain open even if the applicant does
not adhere to the restrictions. Ms. Harvey advised that the operation can be
closed down if the applicant does not adhere to restrictions but the process
does take time. She stated an applicant can be cited and taken before the
Municipal Code Enforcement Board. She also stated that the City wants to have
law-a biding eit izens but the City must also bl~ law-a biding of ficials and the
procedures are in place to protect everyone.
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Mr. Pruitt 1:"equest~d the Board review the handollt provlded at the last
meeting. He addC'd that the handout contained a list showing the eurre.nt land
use classifications) the land use classifications r.equired by the Stnte) and
the land use classifications established from fiel.d observntlons.
G. Board and Staff Comments
After questiolling by Hr. Johnson) Ms. Harvey advised that at the meeting
scheduled for Nay 3) 1988) IUchland Properties is scheduled to be discussed.
She stated that the appropriate p1:"operty owners will be notified. She advised
the proposal is essentlally the same as was previously submitted to the City
Commission but the request is for oEf.ice and commercial land use elt that
locat ion. Afte r fur the r q ues tionl ng by Hr. Johnson) Ms. lIar. vey ad vised tha t
the staff's position is essentially the same as Lt lv3S previously but she does
not know what the Ci ty Manage r IS recommendat ion will be on the pr.oposal.
Ur. Hogan stated he felt it is disgraceful that the Board does not have some
way of closing a place that it can see has been Hnd is going to be a public
nuisance. He added he disagreed with the City Attorney's opinion. Mr. Hogan
felt something is needed in an ordinance. He stated ht~ can't understand why
the Board can't close one place tll.at has been a public nlli8anCt~. He felt the
Board \vas being intimidated by some ordinance and some opinion. He fel t
Les idents should not be respons ibll~ f or pay ing for the cas ts of appeals to
State hearing officers with tIle hopes of getting a public nuisance closed.
Mr. Hamilton felt the Board was not beIng intimidated. He also felt that) if
the Board is going to begin denying ceques ts based on changes of ownership)
the City could be in trouble because businesses and people who want to start
businesses will not be able to bon"ow money, the banks will dry up and the
City will be out of the alcoholi.c beverage business altogether. He felt the
Board needs to give the appli.cant) \oJhose request lvi1S heard earlier and on ~vhom
res t r ic tions \\le re placed, the oppo I' tuni ty to prove it wrong.
Mr. Green felt that) since restrictions were placed on the operation) there
possibly may be some change in the llew operation. He added that if the
res t ric tions a r.e not adhered to the Board wi 11 have a way of get t ing the
operation closed.
~lr. Green and Hr. Schwab both felt that, with the restrictions placed on the
applicant) at least there was some control. He added that if the Board voted
denial and the applicant appealed and won there could possibly be no
restrictions placed on the operation.
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Ms. Nixon stated there is a portable sign stating "Dock of the Bay has
returned" in front of the establishment. She also noted that there is still
furniture display at the Pinch a Penny on Belcher. Ms. Harvey advised that the
Code Administrator's office has been aware of the display all along and the
Code Enforcement Officers are preparing a case to go before the Municipal Code
Enfor(~ement Board.
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04/19/88
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Ms. Nixon stated that the property at Belcher and Sunset Point is proposed to
be used as mini warehouses. Ms. Harvey advised that request was approved by
the County and the application that was before this Board was withdrawn by the
applican t.
Mr. Ferrell stated that the boat sales use on U.S. Hwy. 19 next to Kenyon Daat
Sales had boats parked in the grass. He stated he thought that not parking
boats on the grass was a condition of approval. Ms. Harvey advised she will
advise the Code Administrator's office who will investigate the situation.
Meeting adjourned at 4:40 PM.
Paula Harvey
Planning Director
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