09/13/1988 (2)
P&Z
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PLANNING & ZONING BOARD
DATE 0/10/"
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ACTION
AGENDA
PLANNING & ZONING BOARD MEET[NG
TUESDAY, SEPTEMBER 13, 1988 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
A. Approval of minutes of August 16~ 1988
Approval of minutes of August 30~ 1988
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined
below:
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1. The Chairman reads from the Public Hearing Notice each time 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 support the application speak.
S. TIle Planning Director presents any supporting written documents.
6. Persons who support 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 final rebuttal.
11. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
~UST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditiona1 Uses:
1. M&B 22.03, Sec. 32-28S-15E
(2093 U. S. Hwy. 19 North)
Marks & Gillis, Inc./ David Brandon
CU 88-75
Reques t - 1. Tempora ry Bullding &
2. Outdoor Retail Sales, Displays
and/or Storage
Zoned eH (Highway Commercial) &
OG (General Office)
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P & Z Agenda
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09/13/88
2.
Zoned - CG
Outdoor Retails Sales, Displays
and/or Storage
Vehicle Service
(General Commercial)
2.
Part M&B 11.05, Sec. 13-29S-15E
(2171 Drew Street)
Mark Todsen & James Wasenda
CU 88-76
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Request - 1.
3. Lots 1 to 5, Blk. A,
Hibiscus Gardens
(1295 Cleveland Street)
Raymond & Joyce Ealy
CU 88-77
Request - Level I Group Care
(10 Cared for Individuals &
o Resident Supervisors)
Zoned - UC[E] (Urban Center [Eastern Corridor])
4.
Part of M&B 14.052, Sec. l7-29S-16E
(2950 Gulf-to-Bay Boulevard)
Gertrude NaIl (Georgios)/Martorn Corp./
~ichael Robertson
CU 88-78
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Request - 4-COP-SRX (On Premise Consumption
of Alcoholic Beverages)
Zoned - CG (General Commercial)
5.
MSB 13.01, Sec. 08,29S-l5E
(138~ 144, and 146 Island Way)
Helga Glaesel (Brassy's Restaurant & Lounge)!
Zaleski Enterprises, Inc./Shir1ey Zaleski
CD 88-79
Request - 4-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
ANNEXATIO~, ZO~ING, LAND USE PLAN AMENDMENTS, AND LOCAL PLANNING AGENCY
REVIEW:
(1) Statement of case by applicant - 5 minutes
(2) Presentation by stafE - 5 minutes
(3) Comments from public in support/opposition:
individual - 3 minutes
spokesperson for group - 10 minutes
(4) Public ffearings are closed
(5) Discussion/Action by Board
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P & Z Agenda
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09/13/88
Land Use Plan:
FROM: Medium Density Residential
TO: Commercial/Tourist Facilities
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C. Annexation and Zoning:
1.
50 Foot Easement for R.R. and
Part of Lot 15,
Clearwater Industrial Park
Part M&B 12.01, Sec. 12-29S-1SE
(Located on both sides of Sunshine Drive,
adjacent to and north of the S.C.L. RR tracks)
(Multiple/City)
A 88-25
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Request .- Annexation and Zoning, IL
(Limited Industrial)
2. M&B 14.02, Sec. 12-29S-15E
(Located on the south side of Range
Road, west of Belcher Road)
(Zukowski)
A 88-26
Request - Annexation and Zoning, IL
(Limited Industrial)
D. Annexation, Zoning, Land Use Plan Amendment AND
Local Planning Agency Review:
1.
Part Lot 8, Blackburn Sub.
(Located on the east side of Lawson
Road, north of Blackburn Street)
(Cambas/City)
A 88-24 LUP 88-19
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Request - Annexation and Zoning, CH
(Highway Commercial)
E. Chairman's Items
F. Director's Items
G. Board and Staff Comments
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P & Z Agenda
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09/13/88
MINUTES
PLANNING & ZONING BOARD
TUESDAY, SEPTEMBER 13, 1988 - 1:00 PM
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~lembers Pres en t:
Chairman Johnson) Ms. Nixon, Messrs. Green, Hami.lton,
Hogan, and Schwob
Members Absent:
Mr. Ferrell
DISCUSSION ITEM
Development Process Study (Healey Consultant Group, Inc.)
M.r. Healey handed out to the Board a summary of the interviews,
questionnaires, and work sessions.
lie advised this Board is primarily involved in f01Jr processes, those being:
annexations, land use plan amendments, and zoning amendments in an advisory
capacity; and) conditional uses in a decision-making capacity. He added that
this Board is exposed to othe r re 1a ted p rocedur'c s such as bu i.lding permi ts ,
tree perm.its, site plan review, and inspection/enforcement measures.
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t1r. Healey surnmarLzed the Board's answers to the questionnaires as follows:
The best aspect of the Board's role includes the mix and balance of all its
members; the four main procedures of the Board work very well; key strengths
include the opport:uni ty for considerat ion by both this Board and the City
Commis 8ion for annex::at ions) land use plan amendmen ts, and zoning amendments;
and, the least productive aspect of the Board's role is its involvement with
social issues and its inability to deal in greater depth with environmental
issues.
Mr. Healey stated that, in regard to this Board hearing variances directly
related to a condi tional use, the Developmeflt Code Adjus tlUent Board felt if
there is a way to streamline the review process they were in agreement.
M.r. Healey stated that some weaknesses noted by the Board are as follows: The
inability to deal wi th enclaves; the Board gene rally preferred the alcoholic
beverage regulations be fore the mos t recent amendments; and, communication
with staff to follow up on the inspection/enforcement process, particularly
regarding conditions of approval of conditional approval.
The City Manage r thanked the Board for its input to the development review
process study and advised it is a big concern of the City to better be able to
serve its citizens.
Mr. H.ealey stated some suggestions ,.,ere made by the Board as follows:
additional site information with conditional use applicat ions; revamp the
alcoholic beverage review process while keeping the provis ion for review of
license transfer; give consideration to variances requiring action in
conjunct: ion wi. th a c()ndi t ional use; and to add res s percei ved problems that
staff is insensitive to the needs and objectives of the development community.
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Discussion followed regarding Impact Assessments and the need for objectivity
on the part of those who prepare Impact Assessments. The Board felt) not
llnanim.ously, that preparation of Impact Assessments should be controlled by
the City.
P & Z MINUTES
1
09/13/88
A.
Motion was made by Mr. Hogan, seconded by Mr. Schwob,
minutes of the August 16, 1988 meettng as written.
unanImously (6 to 0).
to approve the
Mot ion carried
Mr. Healey advised if the Board had further comment to contact Ms. Harvey who
will direct any comments to him.
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Motion was made by Mr. Hogan, seconded by Mr. Hamilton, to continue
approval of the minutes of the August 30, 1988 meeting until the meeting
of October 4, 1988. Motion carried unanimously (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.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT
ORDER.
B. Conditional Uses:
1. M&B 22.03, Sec. 32-28S-15E
(2093 U. S. Hwy. 19 North)
Marks & Gillis, Inc.! David Brandon
CU 88-75
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Request - 1. Temporary Building &
2. Outdoor Retail Sales, Displays
and/or Storage
Zoned - CH (Highway Commercial) &
OG (General Office)
Ms. Harvey advised as follows: These requests are for a temporary building and
outdoor retail sales, displays and/or storage in the Highway Commercial zoning
dist rict; the governing sections of the Land Development Code are Section
136.017 regarding the request for the temporary building and Sections
136.025(b) and (c)(22) regarding the request for outdoor retail sales,
displays and/or storage; the requests are for an expansion area for Ken Marks
Ford south of its existing site; the Traffic Engineer had no comment; a site
plan has been reviewed by the City Commission and authorized for final staff
review; and, a preliminary plat has also been submitted for review by the City
Commission. Ms. Harvey advised staff recommended approval of the above
requests subject to the following: 1) That the temporary building be
authorized for one year; and, 2) That the Building permit be procured within
six months.
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Mr. David Brandon, applicant of representative, stated a final site plan has
been submitted. He also stated one year will be sufficient for use of the
temporary sales trailer. He advised the temporary sales trailer has two
offices and a reception area and is for the use of sales staff while work is
done on the inside of the building. After questioning by Mr. Hogan, Mr.
Brandon stated the subject property is the former location of Sizzler's
Restaurant.
P & Z MINUTES
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09/13/88
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No persons appeared in support of or in opposition to the above request.
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Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above
requests subject to the following: 1) That the temporary building be
authorized for one year; and, 2) That the Building permit be procured within
six months. Motion carried unanimously (6 to 0).
2. Part M&B 11.05, Sec. 13-29S-15E
(2171 Drew Street)
Mark Todsen & James Wasenda
CU 88-76
Reques t - 1.
Zoned
2.
- CG
Outdoor Retail Sales,
and/or Storage
Vehicle Service
(General Commercial)
Displays
Ms. Harvey advised as follows: These reques ts are for outdoor retail sales,
displays and/or storage and vehicle service in the General Commercial zoning
dis trict; the governing sections of the Land Development Code are Sections
136.025(b), (~)(22), and (c)(27); the Traffic Engineer had no comment; the
property is currently occupied by some existing buslnesses; and, major
renovation is proposed for car sales and service. Ms. Harvey advised staff
recommended approval subject to the following: 1) That the Building permit be
procured within six months.
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Mr. Mark Todsen, applicant) s ta ted the reason for the reques t is to try to
conform to the new construction that is proposed for the area. After
questioning by Mr. Schwab, Mr. Todsen stated the auto repair portion is a
separate business and has been in existence for four years.
No persons appeared Ln support of or in opposition to the above request.
Motion was made by Hr. Hogan, seconded by Mr. Hamilton, to approve the above
request subject to the following: 1) That the Building permit be procured
within six months. Motion carried unanimously (6 to 0).
3. Lots I to 5, Elk. A,
Hibiscus Gardens
(1295 Cleveland Street)
Raymond & Joyce Ealy
CU 88-77
Request - Level I Group Care
(10 Cared for Individuals &
o Resident Supervisors)
Zoned - UC[E] (Urban Center [Eastern Corridor])
Ms. Harvey advised a letter has been received from the applicant withdrawing
the above request.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to accept withdrawal
of the above request. Motion carried unanimously (6 to 0).
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P & Z MINUTES
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09/13/88
Request - 4-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
4.
Part of M&B 14.052, Sec. 17-29S-16E
(2950 Gulf-to-Bay Boulevard)
Gertrude Nail (Georgios)/Martom Corp./
Michael Robertson
CO 88-78
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Request - 4-COP-SRK (On Premise Consumption
of Alcoholic Beverages)
Zoned - CG (General Commercial)
Ms. Harvey advised as follows: This request is for on premise consumption of
alcoholic beverages in the General Commercial zoning district; the governing
sections of the Land Development Code are Sections 136.024 an.d l36.025(b);
this is the site of an existing restaurant and lounge located on the north
side of Gulf to Bay Boulevard; the restaurant was operating with a 4-COP State
license and the specific State license now being applied for is a 4-COP-SRX
license to another owner; the Traffic Engineer had no comment; and~ the
Po lice Department saw no reason to deny license to applicant. Ms. Harvey
stated no variance to the separation distance will be required. Ms. Harvey
advised staff cecommended approval of the above request subject to the
following: l) That the new occupational license be procured within six months.
Mr. Michael Robertson, rep resentat ive of appl lca nt) stated the property has
been the site of a restaurant for several years and because there is a change
of owne r, a new 1 ic ens emus t be req ues ted. He ad vised the applicant is
requesting a 4-COP-SRX state license to provide alcoholic beverages incidental
to the food service.
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After questioning by Mr. Schwob;J Mr. Timothy Coustis, President of Martom
Corp. ~ applicant, advised as follows: The restatlt'ant will be Italian
Continental cuisine; there will be no llve entertainment other than a piano
ba r; there w'ill be no ou tside speakers; and, the re is no change from what was
previously at the subject location.
No persons appeared in support of or in opposition to the above request.
l1otion \'1aS made by Hr. Schwab, seconded by Mr. Hamilton~ to approve the above
request subject to the following: 1) That the new occupational license be
procured within SiK months. Motion carried unanimously (6 to 0).
5. M&B 13.01, Sec. 08,29S-1SE
(138, 144, and 146 Island Way)
Helga Glaesel (Brassy's Restaurant & Lounge)1
Zaleski Enterprises, Inc./Shirley Zaleski
CO 88-79
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Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the Commercial Center zoning district; the governing
sections of the Land Development Code are Sections 136.024 and 136.025(b);
this is the site of an existing restaucant, lounge, and liquor store located
on Island Estates; there will be a change in license designation for Brassy's
from a 4-COP-SRX to a l~-COP State license; a hallway is proposed to be
P & Z MI~UTES
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09/13/88
Mr. Hamilton advised he had no objection to the above request but if the Board
approves the request the applicant will not be required to sell food.
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constructed between the res taurant and package ~tOL'e to join the two
operations and is intended Ear the benefit of employees; the Traffic Engineer
had no comment; and, the Po llce Dcpa rtmen t saw no rcc'Jso n to deny license to
applican.t. Ms. Ha t'vey adv Ise d tha t the request will requ ire tha t va rlances to
the separation distance from a church, residential .1.r-ea, and a sLmilarly
licensed establishment be approved by the Clty Commission. Hs. Harvey advised
the nearby licensed establishment is the Rose Tattoo, which is operating under
a 2-COP llcense.
After questioning by Ms. Nixon, Ms. Harvey adv.ised the only change that
occurred at the Rose Tattoo ts a change of business ownership and, whether or
not the change had been reviewed by the Board the establishment should not be
ignored and the variance should be requlred. She added that two other
variances are also required and ,if the City Commission denies the variances
the Commission should be specific for its reasons. ~lr. Schwab felt the City
Commi ssion should be aware that the Rose Tat too may be selling alcoholic
beverages in violation to City Code.
After questioning by Mr. Hogan, Ms. Harvey advised the C~ty is in the process
of citing the establishment to appear befot'"e the Code Enforcement Board to
officially fine the establisbment. She also advised State law does not require
further zoning approval by any other entity and change of ownership approval
is a unique requirement of the City of Clea r.water. She added the City cannot
revoke a State license.
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Ms. Harvey advised that staff recommended approval subject to the follow~ng:
1) That the new alcoholic beverage license be obtained within six months; 2)
That variances to the separation distances be approved by the City Commission;
and 3) That the kitchen serving Brassy's remain open until within one hour of
closing.
Mr. John Bozmoski, representative of applicant, stated no additional
pedestrian or vehicular traffic is anticipated. He advised the hallway is for
use by employees only. He also advised applicant has no objection to procuring
the required variances. After questioning by Mr. Schwab, Mr. Bozmoski advised
as follows: The lounge bad a 4-COP license and now the lounge, package store,
and restaurant will operate under the 4-COP license; applicant sees no change
in the clientele; tbere is no intent to change the character of the. operation;
the request is being made to have a more efficient operation; and, all
operations will be under Zaleski Enterprises.
After questioning by Ms. Harvey, Ms. Shirley Zaleski~ applicant, advised as
follows: There will be separate accounting for the operations; there would be
no objection to showing the accounting books to the City; and, 51% food sales
will be attempted to be maintained. After questioning by Ms. Nixon, Ms.
Zaleski advised food sales is currently in the approximate percentage range of
the low 40s. After questioning by Ms. Nixon, Ms. Harvey advised she would not
suggest this Board set a condition to maintain a certain percentage of food
sales. She added that the ques tions she raised to applicant were ques ti ons
that might possibly be raised by the City Commiss ion when applicant seeks
approval of the variances that are necessary.
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\....,. No pers ons appea red in support of or in oppos it ion to the above reques t.
P & Z MINUTES
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09/13/88
Mr. Schwob felt the problems that this Board has seen in the past with tllis
type of request is at establIshments where there is not close supervision.
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\ Motion was made by Mr. Schwob, seconded by Hr. Green, to approve the above
request subject to the following: 1) That the new alcoholic beverage license
be obtained within six months; 2) That variances to the separation distances
be approved by the City Commission; and 3) That the kitchen serving
Brassy's remain open until within one hour of closing. Motion carried
unanimously (6 to 0).
C. Annexation and Zoning:
1. 50 Foot Easement for R.R. and
Pa rt 0 f Lo t 15,
Clearwater Industrial Park
Part M&B 12.01, Sec. l2-29S-1SE
(Located on both sides of Sunshine Drive,
adjacent to and north of the S.C.L. RR tracks)
(Multiple/City)
A 88-25
Request - Annexation and Zoning, 11
(Limited Industrial)
The above property is located on both sides of Sunshine Drive, adjacent to and
north of the S.C.L. RR tracks.
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Mr. Pruitt advised as follows: This is a City-initiated request for annexation
and IL (Limited Industrial) zoning which were subjects of previous Agreements
to Annex; the properties are now contiguous to City limits and it is
appropriate that they be annexed; City water and sewer and natural gas are
available; and, the surrounding uses are industrial. Mr. Pruitt advised that
staff recommended approval of the request for annexation and IL (Limi ted
Industrial) zoning.
Motion was made by Mr. Schwab, seconded by Mr. Hogan, to recommend approval of
the request for annexation and IL (Limited Industrial) zoning. Motion carried
unanimously (6 to 0).
2. M&B 14.02, Sec. 12-29S-l5E
(Located on the south side of Range
Road, west of Belcher Road)
(Zukowski)
A 88-26
Request
Annexation and Zoning, IL
(Limited Industrial)
The above property is located on the south side of Range Road, west of Belcher
Road.
Mr. Jim Larson, representative of applicant, stated the applicant desires to
build a facility to be rented for warehousing and small industrial uses.
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P & Z MINUTES
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09/13/88
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Mr. Pruitt advised as follows: This is a request for. annexation tlnd lL
(Limited Industrial) zoning; the property is presently vtlcant but is being
used for vehicle stor<:lge; City water and Rewer and l1atllral gaR are <,lvailable;
and, the surrounding uses are industrial. Nr. Pruitt advlRed that staff
recommended approval. of the request for annexatlon and lL (L:lmited
Industrial) zoning.
110tion was made by Mr. Schwob) seconded by Mr. Hogna, to recommelld approval of
the request for annexation and IL (Limited Industrial) zoning. Motion carried
unanimously (6 to 0).
D. Annexation, Zoning~ Land Use Plan Amendment AND
Local Plann~ng Agency Review:
1. Part Lot 8) Blackburn Sub.
(Located on the east side of Lawson
Road, north of Biackburn Street)
(Cambas/City)
A 88-24 LUP 88-19
Request
Annexation and Zoning) CH
(Highway Commercial)
Land Use Plan:
FROM: Medium Density Residential
TO: Commercial/Tourist Facilities
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The above property is located on the east side of Lawson Road, north of
Blackburn Street.
Mr. Pruitt advised as follows: This is a City-initiated request for
annexation, CH (Highway Commercial) zoning, and a Land Use Plan amendment from
Medium Density Residential to Commercial/Tourist Facilities; the property was
the subject of a previous Agreement to Annex; the property is now contiguous
to City limits and it is appropriate that it be annexed; the property is
currently developed as an office and maintenance facility for a cab company;
City water and sewer are available; and, the surrounding uses are primarily
vehicle storage and a Inobile home park. Mr. Pruitt advised staff recommended
approval of the above request for annexation, CH (Highway Commercial) zoning,
and a Land Use Plan amendment from Medium Density Residential to
Commercial/Tourist Facilities.
In opposition to the above request, the following person appeared to give his
commen ts :
Hr. John Ritchie, 939 Woodland Drive) stated he represented Tropical Breeze
Home Owners Association. He advised there are large air compressors that <ire
frequently running and the site was previously very rundown. He expressed
concern that after the property is annexed into the City it will become more
commercialized. Ms. Harvey advised that an Agreement to Annex was signed in
order to provide services to the property. She added the only two choices
available for zonirlg are industrial or commercial. She stated that if the Land
Use Plan rema1.ned Nedium Density Residential the property would be
nonconforming and would cause dif ficulties. Mr. Ritchie s ta ted he is no t
(",. opposed to the annexation but he hoped that there would be no further
P & Z MINUTES
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09/13/88
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Mrs. Cormier stated several weeks ago she appeared before this Board to speak
in regard to Isaiah's Inn. She stated that at that hearing she requested the
Board continue the i tern because she discovered a congregate care facility
within 1,200 feet which is in reality a drug and alcohol treatment facility.
She stated that at the previous hearing she had no proof but since that time
she discovered that the Fairwinds is advertising in the yellow pages of the
telephone book under the drug and alcohol treatment facilities for their
services. She advised that one year ago the owner of the property came before
this Board and the recording and m.inutes of that meeting reflect the property
owner got approval of a congregate care facility. She felt a drug and alcohol
treatment facility of this size falls under the category of 1evel III Group
Care. She stated it was her understanding there would be outpatient services
and families coming in to the facility. She stated) as far as slle is aware and
understands, the City has no classification for an alcohol and drug treatment
facility. She stated she is concerned; the facility is in her neighborhood, a
neighborhood considered to be low income; and, putting too many social service
agencies in a low income neighborhood is against Code. She stated that, as far
as she knows, these kinds of facilities are usually affiliated with hospitals.
She questioned what the Board would call this kind of facility.
expansion. Ms. Harvey advised that, if at any point tll the future there is
expansion on the property, the City will have more control.
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~lotion was luade by Mr. Hogan, seconded by Mr. Schwab, to recommend approval of
the above request for annexation, CH (Highway Co~nercial) zoning, and a Land
Use Plan amendment from Hedium Density Residential to Commercial/Tourist
Facilities. Motion carried unanimously (6 to 0).
G. Board and Staff Comments
Mrs. Lois Cormier stated that the Flagship Restaurant had a challge of business
ownership and an expansion, and she stated she doesn't know If the
estab1.ishment came before this 'Board. She stated City staff told her too much
time had passed to require this estab1.ishment to come before this Board (or
approval of a change of business ownership. She felt someone should look iuto
the change of business ownership of Flagship Restaurant. Mr. Schwob stated
three establishments were reported to Code Administration for possible changes
in business ownership. He further stated that two of the changes have been
before this Board.
Mr. Hamilton felt the subject of change of business ownership should be looked
into and possibly, if the only change Is the name of the license holder, could
be handled administratively.
Mr. llogan felt the Board did not have enough control. He stated the Rose
Tattoo obtained their State license before coming to this Board and,
rega rdless who was remiss in this happening, this Boa rd should have some way
of controlling places in this City that dispense alcoholic beverages.
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Ms. Harvey stated she went through all the records to try to resolve a problem
that was brought to the City's attention by Mrs. Cormier. Ms. Harvey stated
that anyone can advertise for anything in the yellow pages of the telephone
book and the City had no control of such advertising. She also stated the
Fairwinds has not begun operation and a letter has been sent to the Fair-winds,
which has caused the Fairwinds to basically stop work at the location. She
stated there is nothing going on at the location at this time and they cannot
P & Z MINUTI!:S
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09/13/88
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yet be cited because they haven't done anythtng wrong. She stated the
Fairwlnds has been advised that thel~e may be a problem that n(~eds to be
clarified. She added that the Fal.rwinds has also been advised that it wtLl be
required to come befoce this Board to request approv.'.ll of the use they f.ntend
for the property and unt II such t lme as this occurs no occupational license
will be issued and no certlff.cate of occupancy for the building will be
issued. She advised she did as mueh as her authocity will allow her to do.
Mrs. Cormier stated she was not critLcizlng staff but she is asking this Board
and the City Commission if a separate zoning classification is n/;:~eded for drug
and alcohol treatment facilitIes.
After questioning by Mr. Hamilton, Ms. Harvey stated tllere is provision in the
Code for faci.lities of less than 20 people for substance abuse to be
classified as Level II[ Group Care and considered under two zoning categories.
She stated the use, as explained by Fairwinds, is intended to be larger than
the 20 residents. She added that, in order to get the situation resolved both
for the benefit of the City and the property owner, the FairwLnds has been
advised that the intended use is not a use specifically identified in the Land
Development Code and, therefore, the Fairwinds will be required to corne before
this Board to make such a request. She stated it will then be this Board's
decision whether the zoning on the property Is appropriate and the location is
appropriate for the use. After Eurther questioning by Mr. Hamilton, Ms. Harvey
stated any use not covered In the Code is required to come before this Board.
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After questIoning by Mr. Schwob in regard to change of business ownership, Ms.
Harvey stated procedures for Code enforcement are regulated by State la~v. She
stated violators are cited, then go before the Municipal Code l~nforcement
Board who has authority, given by the State) to act as the enforcing agent
whell there are violat ions in the Ci ty Code. She added that fines can be
imposed but the State does not get involved. She also stated the City can fine
a violator but it cannot revoke an alcoholic beverage license. She added that
revoking an Occupational License does not involve the State. She stated the
process is very strictly regulated, it takes time to properly get through the
process, and is much more formalized than is this Board. She also stated that
even closing down a business that is a nuisance is a very complicated
procedure. After questioning by Mr. Hogan, Ms. Harvey advised she cannot give
a specific time limit for the procedure since it is the City Clerk's Office
who issues notices, conducts the hearings, and prepares the minutes. After
ques tioning by Ms. Nixon, Ms. Harvey stated she does not know when the
Flagship Restanrant changed business ownership and, unless she is
specifically ordered to do so, she is not going to institute proceedings
against the establishment. She added that the change may have occurred before
adoptiop of the ordinances that would require the Flagship Restaurant to come
before this Board.
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Ms. Harvey advised the Sandpiper appeal was heard by the Hearing Officer some
time ago. She stated this is the item where the Board approved a change of
business ownership and i.ncluded in the approval several conditions, one of
wh1.ch was a midnight closing on the weekends. She stated the approval was
appealed by the owner of the restaurant on the gcounds of the midnight closing
and by the surrounding neighborhood on the grounds that ~le request should not
have bee.n approved. She advised the Hearing Officer upheld the Board's
decision to approve the l-equest, denying the appeal of the surrounding
neighborhood but upheld the appeal of the business m.mer who appealed the
earller closIng. She also advised the Hearing Officer gave as a reason for
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upholding the business owner's appeal as not being normally req ui red of other
similar establishments. After questioning by Ms. Nixon, Ms. Harvey stated the
City Commission would be the only appealing authority if it Eel t the Ci ty was
r""^ an aggrieved party. She stated it is an important opi ulon for the Board to
l" read and it will be mailed in the next few days. She stated that all other
conditions of approval will remain on the establishment. After questioning by
Ms. Nixon, Ms. Harvey stated the Board should read the opinion before a
statement is directed to the City Commission from tbe Board.
Meeting adjourned at 3:07 PM.
Paula Harvey
Planning Director
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09/13/88