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11/15/1988 P&Z ~ ~, ~ .', ,~ ~" .,., ,. '. . ,t" , : PLANNING &. ZONING BOARD DATE /1!t:J-/r, I / 1- <_/(LbrrLL II if <j ....._-----.....,... . , . .'. - '. " . ~". ~:" .' . ... . 1" It. . '. I...:,' l1 " '. ,.' " .,' ..,' . . ' , . '. . . t\ . (- AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, November 15, L988 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION ITEM ACTION A. Approval of minutes of October 18, 1988 Approval of minutes of November I, 1988 CONDITIONAL ITSES: ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below: 1- 2. 3. 4. 5. 6. 7 . 8. " l 9. ....>(. 10. 11. The Chairman reads from the Public Hearing Notice each item as it is presented. The Planning Director advises the Board of any pertinent background information. The applicant or his representative presents his case. Persons who support the application speak. The Planning Director presents any supporting written documents. Persons who support the application speak. The Planning Director presents any opposing written documents. Persons supporting the application (other than applicant) may speak in rebuttal. Persons opposing may speak in rebuttal. 'TIle applicant has an opportunity for final rebuttal. 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: 1. Lots 2, 3~ 14, & IS, Blk. 1, Magnolia Park (811 Cleveland Street) Alfonso & Joan Leo (Fiore's Gourmet of Florida, Inc.) eu 88-95 , " '...' P & Z Agenda Request - 2-COP (On fremise Consumption AND Package Sales of Alcoholic Beverages) Zoned - UC[E] (Urban Center [Eastern Corridor]) 1 11/15/88 ,., '.' . ;.:,' '. ' .": " " , ,', , " , , ' ,:., ' ,"". " ,,'..," .' \' ' ~,'. 2. Lot 14, B1k. 16, Milton Park (724 Tuskawilla) Edward & James White VFW Post l0304/Archie Marks crr 88-96 r\ Request - ll-C (On Premise Consumption of Alcoholic Beverages) Zoned - p/Sp (Public/Semi-Public) 3. M&B 31.01, Sec. 22-29S-lSE (1467 South Greenwood) Arnold Kenly (Bud's Place)! John Moore crr 88-97 Request 2-APS (Package Sales of Alcoholic Beverages) Zoned - CG (General Commercial) 4. M&B 23.04, Sec. 18-29S-l6E (125 South Belcher Road) Richard Brutus CU 88-98 /C><", \..~:" Request - Animal Grooming and/or Boarding Facilities Zoned - CG (General Commercial) 5. Lot 1, Columbia Sub. #4 (401 Coronado Drive) Lois Clymer (Tak-A-Way) crr 88-99 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - CR-28 (Resort Commercial "Twenty-Eight) 6. M&Bs 21.07 & 21.08, Sec. l6-29S-16E (11 North McMullen Booth Road) Calvary Open Bible Church/Robert H. Murray/Leo Governale err 88-100 Request - Transportation Station Zoned - p/Sp Public/Semi-Public '--. P,& Z Agenda 2 11/15/88 ,e:".. ~." Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CR-28 (Resort Commercial "Twenty-Eight") ~. 7. Part lots 19, 20 & 21, Blk. B, Sunset Point Estates (2328 Sunset Point Road) Hungarian Corp. (Sunset Point Family Restaurant)/Sandor Karaszi CU 88-101 (~~:.., '"\".: Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CG (General Commercial) 8. M&B 13.05, Sec. 18-29S-16E (2436 Gulf-to-Bay Boulevard) Betty & Wayne Wetzel/Graham Design Associates CU 88-102 Request - Vehicle Service Zoned - CG (General Commercial) 9. Lots 2 & 3, Miller's Replat (7 Rockaway Street) Ypapanti & Charles Alexiou/Peppermill Lnc. (DBA Penquin Palace)/Gero1d Gotz CU 88-103 ~ 10. M&B 24.07, Sec. 18-29S-l6E (2394A Gulf-to-Bay Boulevard) Clearwater's Original Oyster Bar/Randy Wasilewski (Randy's Deli) CU 88-104 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - CG (General Commercial) 11. Lot 2, Studebaker's (2516 Gulf-to-Bay Boulevard) Mickey Pattemore/Blackpool Palace, Ltd. (Pattemore's Night Club)/Robert E. Gregg CU 88-105 Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CG (General Commercial) ( '-... P & Z Agenda 3 11/15/88 /"" Oe, . , " 12. Lot 2, Cypress Point Shopping Center (2401 U. S. Hwy. 19, North) Chili's Inc./Ronald McDougal/William Gaisford CO 88-106 Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CC (Commercial Center) ANNEXATION ~ ZONING t LAND USE PLAN AMENDMENTS, AND LOCAL PLAlINING AGENCY REVIEW : (1) Statement of case by applicant - 5 mdnutes (2) Presentation by staff - 5 minutes (3) Comments from public in support/opposition: individual - 3 minutes spokesperson for group - 10 minutes (4) Public Hearings Are closed (5) Discussion/Action by Board c. Zoning Atlas Amendment: 1. Portion M&B 33.04, Sec. 17-28S-16E (Located east of 66th Street along west lot lines of the proposed Curlew Heights Subdivision) (Sempecos) Z 88-23 IF' ~ .~.. , ~':\;:... Zoning FROM: Atlas: RS-4 (Single Family Res ident ial "Four") AL/I (Aquatic Lands/Interior) TO: D. Zoning Atlas and Land Use Plan Amendment: 1. M&B 22.033, Sec. OS-29S-16E (Located on the east side of U. S. 19 on the north side of a private road within Jennifer Office Complex) (Marks & Gilliss, Inc.) Z 88-22 LUP 88-24 Zoning Atlas: FROM: OG (General Office) ~: CH (Highway Commercial) "... Land Use FROM: TO: Plan: Residential/Office Commercial/Tourist Facilities P & Z Agenda 4 ll/l5/88 ''';', . . .. . ./,' . . I . .' . . . . .' .. '. . .. '. " . . . . ~ : :,.. . . . ~. E. Chairman's Items r '.. F. Director's Items 1. Approval of Planning and Zoning Meeting Dates scheduled for 1989. G. Board and Staff Comments c.. L P & Z Agenda 5 11/15/88 MINUTES PLANNING & ZONING BOARD TUESDAY, November 15, 1988 - 1:30 PM /'" r Members Present: Vice Chairman Hogan, Ms. Nixon, Messrs. Ferrell, Green, Hamilton, and Schwob Members Absent: Chairman Johnson A. Motion was made by Mr. Schwob, seconded by Hr. Green, minutes of the October 18, 1988 meeting as written. unanimously (6 to 0). to approve the Mot ion carried t1otion was made by Nr. Schwob, seconded by Hr. Ferrell, to approve the minutes of the November 1, 1988 meeting as written. Motion carried unanimously (6 to 0). Vice Chairman Hogan outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board) with regard to conditional uses, has two 'Weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appe8ling a decision of this Board to have a record of the proceedings to supPQrt the appeal. ITEMS ARE LISTED IN AGENDA ORDER TROOGH NOT NECESSARILY DISCUSSED IN THAT ORDER. B. Conditional Uses: ~' I, ~'''1...., 1. Lots 2) 3, 14, & 15) Blk. 1) Magnolia Park (811 Cleveland Street) Alfonso & Joan Leo (Fiore's Gourmet of Florida, Inc.) CU 88-95 Request 2-COP (On Premise Consumptlon AND Package Sales of Alcoholic Beverages) Zoned - UC[E] (Urban Center [Eastern Corridor]) Ms. Harvey advised as follows: This is a request for on premise consumption and packa ge sale s 0 f al coho lie beve ra ges in the Urban Center [Eas tern Corridor] zoning district; the specific state license being applied for is a ne-w 2-COP license; this is the site of an existing restaurant and deli; the governi.ng sections of the Land Development Code are Sections 136.024 and 136. 025(b); the Traffic Engineer had no comment; and, the Police Department saw no reason to deny license to applicant. Ms. Harvey stated no variance to separation distance wil1 be required. Ms. Harvey advised staff recommended approval subject to the follo~ing: 1) That the alcoholic beverage license be obtained within 6 months. '., Atty. William J. Kimpton, rerresentative for applicant, advised as follows: Applicants have had requests from customers for beer and wine with meals; reqll.ests h::lve also been made for take-out beer and wine; no bar lounge type operation is intended; the operation is a family-oriented delicatessen with 18 seats; and, applicants meet all standards for conditional use. p ex Z M I NUTf: S 1 11/15/88 ~ .. _....,...,:.M I "''-- f.,.I......!. ~~ .... ,', , ' ". '. '.' ,;" '.' .... .' ,<". ,:'. ..'........'" > .':' :..": . :,,-,', .:', .,' '.' '",<" '.: ::". "':-"".::-; ''','. ': ,'. ',':,.' ." ' ~', ,', ..' "';'" ,.', .' ; , .' :. , '. .' ~.',,, ", ,: : . .... .: , :' .... . '. . " '. '. . . : . I. : ~" '. . " .. " .'. .' . . ,'.' r' , Ms. Harvey advised one letter of support was received from a neighboring bus ioess owner. l'i;;tih :,~ No Persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Hr. Hami iton, to approve the above request subject to the following: 1) That the alcoholic beverage license be obtained within 6 months. Motion carried unanimously (6 to 0). 2. Lot 14, Blk. 16, Milton Park (724 Tuskawilla) Edward & James Hhite VFW Post 10304/Archie Marks CU 88-96 Request - i1-C (On Premise Consumption of Alcoholic Beverages) Zoned - P/SP (Public/Semi-Public) ( Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the Public/Semi.-Publi c zoning district; the specific state license being applied for is a new 11-C license which is issued to fraternal organizat ions; the governing sect ions of the Land Development Code are Sections 136.024 and l36.025(b); the Traffic Engineer expressed concern that the parking on the approved site plan states there are 16 requi.red spaces, those being 7 spaces on site and 9 spaces on the street; and, the Police Department saw no reason to deny license to applicant. Hs. Harvey advised that the alcoholic beverage ordinance does not cover parking requirements for club licenses. She also advised the property has received its Certificate of Occupancy from the City and the building meets requirements. Ms. Harvey stated no variance to separation distance will be required. Ms. Harvey stated staff had no technical objection to the request and suggested if the Board approves the above request, it consider imposing conditions that relate to concerns voiced by persons in opposition to the request. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the alcoholic beverage license be obtained within 6 months. 1 ~ '> .' ~ ~ After questioning by Ms. Nixon, Hs. Harvey advised the subject building is situated in such a manner that it meets the separ.ation distance requirements and applicant does not need to seek approval of a variance. :i ' ~ Kr. Archie Marks, Commander of VFW Post 10304, advised as follows: The building has been used for meetings since it was buil t; the club desires a li.quor license to keep it operating; and, the building is soundproof. After questioning by Board members, Mr. Marks advised as follows: He is at the club every night and personally supervises the operation; no arguing is allowed and he felt the place was carefully supervised; the club does not have the kind of members that are noisy when they are outside; customers are not allowed to get drunk; Mr. Marks was elected as Commander and he does not get paid; hours of operation of the bar are from 8:00 PH to 12 midnight; the operation is not open at 3:00 AM or 4:00 A11; and, only members and guests of members are allowed and if a member leaves the premises the guest must also leave. ~ls. Harvey advised two letters of oppositIon were received, one from a neighboring Church and one from a neighboring resident. i \~, P & Z MINUTgS 2 11/15/88 : . .'.': ....'..~.' .... .'.' ,>" .'.',..'. : '.',: .' ,:',' ",:,:".' (' . \.' . .'. :. , " ',' ~ . : . . t,' " ';. . . ' ",' ~ ", ' " ,. , ',' . '. .,' . . '., I: , .' . " .' ' The following persons appeared in oppos it ion to the nbove request to give their comments: /""^ r Ms. Irma Eze11e, 718 Tuskawilla Street, expressed concern about noIse. She also expressed concern that members urInate outside of the building. After questioning by Mr. Hogan, Ms. Ezelle stated the operation has been a nuisance since they opened the place. She advised she called the police numerous times. After further questioning by Board members, Ms. Ezelle advised as follows: There is one house between the subject property and her honse; her house is to the wes t of the VFW; the problems come f rom the membe rs of the club; the problems occur sometimes 3 or 4 times a week; these problems occur at 3:00 AM or 4:00 AM and she has had the police there at 3:00 AM; and, the club is open sometimes at 3:00 AM or 4:00 AM. Ms. Ezelle stated these problems are a nuisance when a person cannot sleep at night. She added that she works during the day. Mrs. Lois Cormier, 625 McClennan Street, stated she is concerned about alcoholic beverages and she stated she has friends in the neighborhood who did not feel free to come before this Board. She read a letter of opposition to the above request into the record (see attached). She felt granting the request would be detr-imental to and have an adverse impact on the neighborhood. Mrs. Cormi€r:' stated many variances were granted by the Development Code Adjustment Board over the years to allm.;r thls building to be built. She stated there had previously been a two-story home on the site which was demolished and the zoning was changed over strong protests from neighbors. She also stated the VFW was meeting and there were problems whell there was a two-story home on the site. She stated, though she is not within the 200 foot area, she is concerned about the neighborhood. J " ( f.,., After questioning by Mr. Hamilton, Ms. Harvey advised a police incident report was not forwarded to staff. In rebuttal, Mr. Harks expressed concern that the truth was not being told. After questioning by Mr. Hogan, Mr. Marks stated there currently is liquor on site but it is not being sold. After further questioning by Mr. Hogan, Mr. Harks stated that the club is closed at midnight and he has no idea of the origin of the incidents occurring at 3:00 AM or 4:00 AM. He stated the club is closed and locked up at midnight. After further questioning by Mr. Hogan, Mr. Marks felt the opposition was lying under oath. After questioning by Mr. Schwob, Mr. Marks stated he has had no indication that the club or parking 10t is used by members after hours nor has he had any indication that the parking lot is used after hours as a hangout. Mr. Marks stated he has no idea about problems at 3:00 AM as the club has never been open at 3:00 AM. After further questioning by Hr. Schwob, Mr. i1arks stated he has never been questioned by the police about noise at 3:00 AM. Mr. Hogan suggested the request be continued to another:' time to get better information from the Police Department regarding the subjec t property and operation. Mr. Hamilton agreed and stated he could not vote in favor of the above request until he has further informat.ion. He expressed concern about hearing two different stories and felt it was necessary to obtain information from the Police Department as to the history of the club. ~ ! , \....., Motion was made by ~1r. Hamilton, seconded by Ms. Nixon, to continue the above request to the meeting of November 29, 1988 in order to obtai.n further information from the Police Department. Motion carried unanimously (6 to 0). P & Z MINUTES 3 11/15/88 . ......... .::..'. ,",'.' ...:..... :....: :,:: ....,' .>~,....." ,.'.', ,:,,:",~",',',-,,',':::-,"""::,."': ,'. ,': ,'. . '.' " ~:.'-.~'.<:,~:':".. "~,~,.",.:..., ,', ;'.. ::. 3. M&B 31.01, Sec. 22-29S-1SE (1467 South Greenwood) Arnold Kenly (Bud's Place)/ John Moor-e CU B8-97 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - CG (General Commercial) Ms. Harvey advised as follows: This Is a request for package sales of alcoholic beverages in the General Commercial zoning dtstri.ct; the specific State license being applied for is a new 2-APS license; the governing sections of the Land Developmellt Code are Sect lons 136.024 and 136.025(b); the property is located on the east side of Greenwood Avenue and applicant proposed to have package sales from one of the tenant spaces in a small strip shopping center; the Traffic Engineer had no objection to package sales; and, the Police Department saw no reason to deny lLcense to applicant. Ms. Harvey stated no vnr.lance to separation distance will be required. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the alcoholic beverage license be obtained \oJithin 6 months. .f t: ". '" '.. - Mr. John Moore, applicant advised as follo'Ws: He wants to open a new business to sell cigarettes, cold drinks, alcoholic beverages, etc; the business will be experimental in nature because he does not know if it will be profitable; and he does not feel it would be detrimental to the neighborhood. After questioning by Board members, Mr. Moore advised as follows: His hours are proposed to be from 6 :00 AM to 10:00 PM; he does not intend to r.emain open after 10:00 H1j he will personally supervise the operation; and, he will have one other employee, with possibly t'Wo employees in the evening. In opposition to the above request, the following person appeared to give her comments: Mm. Lois Cormier, 625 McClennan Street, stated this property is in the target area for Community Development Block Grants. She read a letter of opposition to the above request into the record (see attached). In rebuttal, Mr. Moore advised as follo'Ws: He does not intend to sell only alcoholic beverages and he does not intend to center his business on alcoho1ic beverage sales; he wants to sell picnic supplies, ice, etc; he felt the location would be an asset as there is street traffic; and he will run a clean operation and felt the operation will be an asset. After questioning by Board members, Mr. Moore advised as follows: Alcoholic beverage sales are necessary for the kind of quick-stop operation intended and the operation probably could not survive without it; the Pick Kwik store v1ill probably be the primary competition and wil~ be open longer hours than the subject operation; applicant does not want to have late hours and does not want the type of business that will attract people standing outside his business; and, he wants a clean operation. After questioning by Mr. Schwob, Ms Harvey stated she personally did not feel this particular use would affect residential property values as the subject property is commercial. ( "'--.,... . 4 11/15/88 P & Z MINUTES ,..; ~)' {'~:J ;\'.'( "",:.;-;.v.\:'''~.c:~~' ..~~.~~_. r ," >.;, , , , J , " ' t D t, '. ," , ~ . . ~ : : '. . ...' . t . . 4. . _.,' t . ' .'. Mr. lIami lton felt the other operations in the strip center i.ndicate the subject operation will be a small operation. C" Ms. Nixon felt, though the subject operation 1Ilt.1Y be compl1tible with the adjacent area, the operation will not be compatible with the surrounding area. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the alcoholic beverage license be procured within 6 months; and 2) That closing time for the operation be at 10:00 PM. After roll call, motion carrled (4 to 2) \vith Nessrs. Ferrell, Green, Hamilton, and Schwob voting "aye" and Ms. Nlxon and Mr. Hogan voting "nay." 4. M&B 23.04, Sec. 18-29S-16E (125 South Belcher Road) Richard Brutus CU 88-98 Request - Animal Grooming and/or Boarding Faci.lities Zoned - CG (General Commercial) /' l~;.. Ms. Harvey advised as follows: This is a request for animal gr00ming and/or boarding facilit les in the General Commercial zoning dis tric t; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(3); and, the Traf fi,c Engineer had no comments. 1'1s. Harvey s ta ted appl icant proposes construction of a boarding kennel next to the existing animal hospital. She advised that, if the Hoard approves the above request, the Board should specifically authorize boarding facilities.' Ms. Harvey advised staff recommended approval of the above request subject to: 1) That the Building Permit be procured within six months; and, 2) That all activity take place within air conditioned building. Dr. Richard Brutus, applicant, advised as follows: He wants to better utilize his property and wants to enlarge services to including boarding animals; the dwelling in the rear is used as a grooming facility; he has boarded animals in his hospital; there are no outside facilities and all facilities are inside and air conditioned; the traffic impact will be limited; he has parking available; and, the proposed use will complement the present use. After questioning by Board members, Dr. Brutus advised as follows: The proposed building will not be offensive and he does not envision a building large enough to create a nuisance; a decision has not been made as to where the location of the building will be on the property; typically there are usually 10 to 12 animals in his medical care; and the number of animals to be boarded has not yet been determined but the number could possibly total up to 100 cats and dogs. Mr. Ferrell advised that even if applicant doubles the size of the building it will not go to the end of the lot. Hot ion was made by Mr. Schwob, seconded by Mr. Ferrell, to approved the above req ues t subjec t to the following: 1) That the Buildtng Permit be procured within 6 months; and, 2) That all boarding be done indoors. Motion carried unanimously (6 to 0). { ~ '......,' P & Z MINUTES 5 11/15/88 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - CR-28 (Resort Commercial "Twenty-Eight") 5. Lot 1, Columbia Sub. #4 (401 Coronado Drive) Lois Clymer (Tak-A-Way) CU 88-99 /",.~ , t Ms. Harvey advised as follows: This is a request for package sales of alcoholic beverages in the Resort Commercial "Twenty-Eight"' zoning district; the specific State license being applied for is a new 2-APS 1 icensej the governing sections of the Land Development Code are Sections 136.024 and l36.025(b); the Traffic Engineer had no commentsj the Police Department saw no reason to deny license to applicant; and, the site is an existing delicatessen/grocery. Ms. Harvey stated a variance to the separation distance will be required since, for the purpose of the alcoholic beverage ordinance, the Resort Commercial zoning district is considered residential. Ms. Harvey advised staff recommended approval subject to the Eollovling: 1) That the alcoholic beverage license be obtained within 6 months; and, 2) That a variance to the separation distance be approved by the City Commission. l' \"" Ms. Lois Jean Clymer, applicant advised as follows: She has been at the subject location for 6 years; she presently owns the S-unit motel building and last year opened a delicatessen/grocery; the building is located in a small motel area; she has a lot of requests for beer and wine; most of the customers are walk in; she does not have a convenience store atmosphere; she is on the property at all times; and she often checks with neighbors if there are any problems in the neighborhood. After questioning by Board members; Ms. Clymer advised as follows: She bought the property as a motel and converted the motel to a delicatessen in 1987; and she operates the yogurt store and t-shirt store. Ms. Harvey advised the above application appears to have been accepted in error. She also advised that only hotels/motels with a 4-COP-S State license are permitted to request approval of alcoholic beverage sales within the Resort Commercial zoning district. After questioning by Ms. Harvey, Ms. Clymer stated she is applying for a new 2-APS State license. Ms. Harvey asked if the Board could recess until she obtained clarification regarding the above subject. The Board recessed at 2:38 PN and reconvened at 2:43 PN. Ms. Harvey ad vised tha t, a t the time the Ci ty Commission adopted the new alcoholic beve rage ordinance, the Commission also directed that the Code spec if ically provide for package sales on Clea rwate r Beach in conjunc t i on with a hotel/motel license. She stated that above application was accepted in error and all monies will be refunded to applicant. She stated this Board has no authority to consider package sales in the Resort Commer-cial zoning district unless the package sales were requested under a hotel/motel alcoholic beverage license. l, Ms. Clymer- felt the ordinance is not very clear to the ordinary citizen. After questioning by Ms. Clymer, Ms. Harvey advised the City Commission wanted the restriction 1.n the Code and it was not suggested by staff or the Planning and Zoning Board. The Board members advised Ms. Clymer, that regardless of what it felt regarding the situation, the Board had no authority to act regarding the P & Z NINUTES 6 11/15/88 " //.u above request and Ms. (;lymer's only nlternati.ve is to go to the Ci.ty Commission to request a change in the Code regarding permitting package sales in the Resort Commercial zoning dist ric t. Ms. Ha rvey conf irmed tha t it wi 11 take City Commission action to change the Code. No ar.tion was taken on the above item. 6. M&Bs 21.07 & 21. 08, Sec. 16-29S-16E (11 North McMullen Booth Road) Calvary Open Bible Church/Robert H. Murray/Leo Governale CU 88-100 Request - Transportation Station Zoned - p/Sp Public/Semi-Public Ms. Harvey advised as fol1ows: This is a request for a transportation station in the Public/Semi-Public zoning district; the governing sections of the Land Development Code are Section 136.025(b) and (c)(26); the Traffic Engineer had no comments; the proposal is a joint project between Hillsborough County and Pinellas County to allow for less traffic on the bridges; the bus system in Hillsborough County is proposing several bus stations in Pioellas County to allow people to park and catch a bus to Hillsborough County on a daily basis; a site plan has been submitted for this project in conjunction wi th the existing Church use; the parking lot is proposed to be used five days a week. by the bus system and on Sunday and evenings by the Churc.h; and the City Commission reviewed the s~te plan and authorized final site plan review with one of the conditions being approval of the transpo rt.ation station by the Planning and Zoning Boa rd. Ms. Harvey advised staff recommended approval subject to the time limitations imposed by the approved site plan. r i ''\.., "., Mr. John S. Freel, reI> resentat ive of applicant, advised as follows: the facility will have 149 parking spaces and will be paid for by the Hillsborough Regional Transit Authority (HARTline) with the State Department of Transportation supplying laos t of the funding; the purpose is to allow fo r the parking by commuters travelling to downtown Tampa and other locations; several other areas are under construction or in consideration; construction cost is close to $1 million; the only overlap of use anticipated is Church use for committee meetings during the day; the Church feels the all day operation of the busses will not interfere with Church operations; and, as a result of the transportation station, tnere should be a reduction in smog and traffic accidents. After questioning by Board members, Mr. Freel advised as follows: No busses will be parked overnight; supervision and maintenance of the parking lot will be the Church's responsibility; there will be no charge for parking on the lot; the transit authority will acquire an easement for use of the parking spaces and there will be no rental paid; the bus company is supplying the funds to construct the parking lot, drainage, etc- and no further rental wil1 be paid; and, no buffering has been required but if buffering is required it will be provided. In support of the above request, the following person appeared to give his comlT1:Jnts: ~. ',. Rev. Robert Murray, Calvary Open Bible Church, advised as follows: the Church has only one meeting during the weekday that may present some conflict and it is usually a small group; a large grassy area at the southwes t corner wi 11 still be available for Ch~rch parking during the week days; to the west is a P 6 Z MINUTES 7 11/1S/8B < .:.;~..l' '~'. ,:'J.' -.:i.~ ,;' }. ~ -i~l.:': i; h ~~~ -\tu.~~." :''''::A.f.t-::.:u'!." Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CG (General Commercial) ( ball field; to the north is empty property; to the east is proposed condominium sites; and with other various properties stlch as the Moose Lodge and the Elks and the ItalIan American Club nearby, the use should be consistent. A.fter questioning by Board members, Rev. Murray advised as follows: The Church uses a lawn service and with the added responsibility, the Church will need to rebid the job to include cleanup services; more lights are proposed to be installed and the light wil1 be the Church's respons.ibility; and, the State Department of Transportation has done. some study on the area and there is proposed to be some kind of cut out and a divider in the median. Ms. Harvey advised that any parking lot abutting residential areas is required to have a five foot landscape buffer. After questioning by Mr. Schwob, Ms. Harvey advised thclt this is the first transportation station in tbe City of Clearwater but there are other stations in Pinellas County. Mr. Hogan questioned the location and expressed conc€rn that a bus station would be in a residential area. After questioning by Mr. Hogan, Nr. Freel stated the State Department of Transportation has not agreed to install a light at the parking lot because of the intended number- of traffic lights s cheduied for NcMullen-Booth and also because the amount of t ref fie to be generated is unknown at this time. After questioning by Mr. Green, Mr. Freel stated there may be 5 trips made each day each way. Motion ~as made by Mr. Schwab, seconded by Mr. Hamilton, to approve the above request subject to the tine U.mitations imposed by the approved site plan. Motion carried unanimously (6 to 0). 7. Part lots 19, 20 & 21, Bik. B, Sunset Point Estates (2328 Sunset Paine Road) Hungarian Corp. (Sunset Point Family Restaurant)/Sandor- Karaszi CU 88-101 Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the General Commerc.ial zoning dis trict; the specific request is for a change of business ownership of an existing 4-COP-SRX state license; the governing sec tions of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no objection; and the Police Department saw no reason to deny license. Ms. Harvey stated no variance to the separation distance would be required. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the new Occupational License be procured within six months; and 2) That the alcoholic beverage license be obtained within six months. Mr. Sandor Karaszi, applicant, stated he bought the restaurant one month ago and he wants to sell alcoholic beverages in his restaurant. After questioning by Board members, Mr. Karaszi advised as follows: He has been in the food business for 30 years; he does not anticipate any problem with meeting the 51% food sales requIrement; his hours of operation will be 7:00 AM to 9:00 PM; there will be no live entertainment; and~ there will be no outside speakers. " ..... P & Z MINUTES 8 11/15/88 . " . " : . '., . . I '. ' ',' ",' _ . l I '. '. . ~ . " ' '. 4 , '. . . No persons appeared in support of or in opposition to the above request. f'''''' Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to the following: 1) That the new Occupational License be procured within six months; and 2) That the alcoholic beverage license be obtained within six months. Motion carried unanimously (6 to 0). 8. M&B 13.05, Sec. 18-29S-16E (2436 Gulf-to-Bay Boulevard) Betty & Wayne Wetzel/Graham Design Associates ell 88-102 Request Zoned Vehicle Service CG (General Commercial) Ms. Harvey advised as follows: This is a request for vehicle service in the General Commercial zoning district; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(27); the property is located on the north side of Gulf-to-Bay; a preliminary site plan is scheduled to be heard by the City Commission on November 17, 1988 and one of the suggested conditions is that there be no access to Shelley Street; and, the Traffic Engineer commented that there should be no access to Shelley Street. Ms. Harvey advised staff recommended approval of the request subject to the following: 1) That the access to Shelley Street be eliminated; and, 2) That the Building permit be obtained within time limitations of the approved site plan. I ( \~'-.' Mr. Thomas Robbins, applicant, advised as follows: The service center is proposed to have six service bays; only small repairs, such as changing belts and hoses, tuneups, tires, etc; there is a large retail area for sales of automobile and bicycle parts; the operation will be a clean operation; and, there will be no major engine or transmission work. In support of the above request, the following person appeared to give his comments: Mr. Richard Padil1a, representative of Western Auto, advised that only small automotive repair, no extensive overhaul will be done, and there will be no use of open flame. Af ter ques tioning by Mr. Hogan, Mr. Padilla stated the operation will be a company-owned store and not a franchise, and Mr. Padilla stated there will be no objection to not having access to Shelley Street. Ms. Harvey advised that one let ter of ob jection from the resident at 2458 Shelley Street was received. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above reques t subject to the following: 1) That there be no access to Shelley Street; and, 2) That the Building permit be obtained within time limitations of the approved site plan. Motion carried unanimously 6 to 0). 3 ,-, P & Z MINUTES 9 11/15/88 Request Zoned 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) CR-28 (Resort Commercial "Twenty-Eight") 9. Lots 2 & 3, Miller's Replat (7 Rockaway Str.eet) Ypapanti & Charles Alexiou/Peppermill Inc. (DBA Penguin Palace)/Gerold Gotz Cll 88-103 ( Mr. Hamilton declared a conflict of interest (form attached) in regard to the above applicant and stated he would not vote on the above request. Ms. Harvey advised as follows: This is a request for on premise consumption of alcohol ic beverages in the Resort Cocllnerc ial "Twenty-Eight" zoning d is t rict; the specific request is for a change in business ownership and eKpansion of a restaurant operation holding a 4-COP-SILX State license; the governing sections of the Land Development Code are Sections 136.024 and 136.02S(b); a deck is proposed for the operation which would be an expansion to the existing facility and sale of alcoholic beverages on the deck is requested; the Traffic Engineer has no object ion not ing the sub ject locat ion is next to a City parking lot; and, the Police Department saw no feason to deny license to applicant. Ms. Harvey advised a variance to the separation distance will be required. Ms. Harvey advised staff recommended approval of the above request subject to the fol1owing: 1) That a variance to the separation distance be approved by the City Commission. ", i '~" At ty. George Greer, represent at i ve of license holder, advised as follows: Applicant opened its business in April, 19B8, and had no knowledge that the City required approval of a change of business ownership; the expansion was cons t ructed some time ago and the deck was shown in the Stat e at coho Ii c beverage files; the oper<ltLon has been cleaned up and applicant is running a quality business; the hours of operation are 11:30 ~ to 1:00 M1 currently and a 2:00 AM closing during tourist season; and, applicant understands the 51% food requirement must be met. After questioning by Board members, Mr. Greer advised as follows: Applicant is currently meeting the 51% food requirement; and, applicant recently applied for t~o variances before the Development Code Adjustment Board, one request being to sanction the current deck which was approved and one 'req\lest being an extension of the deck which was not approved. 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 be approved by the City Commission. Motion carried unanimously (5 to 0), with Mr. Hamilton abstaining. lO. M&B 24.07, Sec. l8-29S-16E (2394A Gulf-to-Bay Boulevard) Clearwater's Original Oyster Bar/Randy Wasilewski (Randy's Deli) CU B8-104 Request Zoned 2-APS (Package Sales oE Alcoholic Beverages) CG (General Commercial) ( '''''' ' Ms. Harvey advised as follows: This is a request for package sales of P & Z MINUTES 10 ll/15/88 ~ . .' . I .. .. . ~ . . . . ;' , ; t . . . ~',. . I . , :', ',: . . . : 'J' . . ..'. I ' , :' .,. . . . . ( alc.oholic beverages in the General Commercial zoning district; the specific request is for a new 2-APS State license; the governing sect ionH of the Land I)evelopment Code are Sectlons 136.024 and l36.025(b); the Traffic Engineer had no objection; and, the Police Department saw no reason to deny license. ~ls. lIarvey stated no variance to the separatlon distance will be required. Hs. lIarvey advised staff recommended approval subject to the following: 1) That the alcoholic beverage license be obtained within 6 months. Kr. Randy Wasilewski, applicant, stated he is opening a small deli and convenience store. He also stated the operation will be family-operated and hours of operation will be from 7:00 AM to 8:00 PM. He further stated he will sell small grocery items and package sales of beel and wine if approved. After questioning by Mr. Schwob, Mr. Wasilewski stated his family operated a tavern in Illinois for 62 years. In opposition to the above request, the following person appeared to give his comments: Kr. James Zimmer, 400 Island Way, stated he felt the license was unnecessary. lie advised there is an existing 2-COP license located next door and it has carry-out service. After questioning by Board Members, Mr. Zimmer advised as follows: He owns the business next door; the business is the Powder Horn Pub; the business holds a 2-COP license; and, he has package sales of alcoholic beverages. (, In rebuttal, Mr. Wasilewski stated he will give customers competitive prices. A-fter questioning by Mr. Hamilton, Hr. Wasilewski stated he and tv1r. Zimmer have the same landlord. After questioning by Mr. Hogan, Mr. Wasilewski stated his operation is primarily a carry-out deli and convenience store and Mr. Zimmer's operation is primarily a tavern. A-fter questioning by Ms. Nixon, Ms. Harvey stated these two establishments are not similarly licensed. In rebuttal, Mr. Zimmer stated he also sells sandwiches, snacks, and cigarettes. After questioning by Board members, Mr. Zimmer stated he does not sell hard liquor and he has a 2-COP license. Mr. Zimmer advised he does not object to the deli and cigarette sales but does objeet to package sales of alcoholic beverages. A-fLer questioning by Ms. Nixon, Ms. Harvey advised the authorization was filed only with the City Clerk's Office because of the length of the document. In final rebuttal, operation should not alcoholic beverage operation. Mr. Wasilewski stated he closes at 8:00 PM and his be a threat to Mr. Zimmer's operation. He added that the sales is reques ted to help cover the overhead of his A-fter questioning by Mr. Green, Ms. Harvey advised that similarly licensed esta b1ishmen ts include I-COP, 2-COP, and 4-COP es tabli shmen t s an d do not include restaurants or package sales operations. l~, Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above reques t subject to the following 1) That the alcoholic beverage license be obtained within six months. Motion carried unanimously (6 to 0). P & Z M IN UTE S 11 11/15/88 I ,".:' ' . . .. ',' .. :..' . I < " .: . ' . . : ~' ',' I . , . . I '. .... ,". '" '. ,', \ '. . (~,. 11. Lot 2, Studebaker's (2516 Gulf-to-Bay Boulevard) MickeY' Pattemore/Blackpool Palace, Ltd. (Pattemore's NIght Club)J~obert E. Gregg CU 88-LOS Request Zoned 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) CG (General Commercial) Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the General Commercial zoning district; the specific request is for an expansion of the operat ion cu rrently holding a 4-COP-SIC{ State license; this 4-COP-SRX license was issued many years ago and was not subject to the 51% food sales requirement; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer expressed conc€rn about parking in that the property meets parking requirements according to Code but may not meet the demand if the establishment is successful; and the Police Department saw no reason to deny license to applicant. Ms. Harvey stated a variance to tIle separation distance from a Church zo~e will be required to be approved by the City Commission. She stated the Church itself is farther away than the edge of the property, but Code requires measurement to the property line. She further stated applicant will be providing substantially more landscaping which will be an improvement to the physicaL appearance of the property. t1s. Harvey advised staff recommended apprDval of the above request subject to the following: 1) That the Building perm t for the expans ion be procn red wit hi n 6 months; and, 2) That a variance to the separation distance be approved by City Commission. if' t: \.,~,. After questioning by Ms. Nixon, Ms. Harvey stated there is no indication that there is a change in business ownersh ip and only if there is a change in business ownership would another application be before this Board. ; ~ Atty. William K.impton, representa tive of applicant:> advised as follows: Applicant wants to increase its business; after substantial investment for remodelling, applicant discovered Clearwater prefers a more casual atmosphere; rather than place the proposed deck on the side of the building, applicant proposes building the deck along Gulf-to-Bay Boulevard in deference to its neighbors; the license is one of the earliest granted in this County; in terms of Mako's, the environment will be safer; Mako's involvement is in terms of a consulting agreenent; applicant has a good reputation; and, applicant is very tight in its management control. Mr. Robert E. Gregg, architect for applicant:> advised as follows: Though placing the deck on Gulf-to-Bay Boulevard is not the most advantageous:> it made better sense in relation to complying with City Code; landscaping will be increased; applic:ant considered noise when it proposed placing the deck and applicant felt tl1ere would be adequate buffering; lighting will be facing Gulf-to-Bay Boulevard; two driveways have been elimina ted, parking has been simp 1 ified; and handicapped spaces have been added; applican t has secured additional park.irl.g through a paid lease from Florida Power's right-of-way; a parking agreement: has also been obtained with a bank \~hich will provide an additional 60 spaces; and, applicant is not sharing parking wi th 0 ther establishments. (, After questionJ.ng by Board members, parking will be continued but used Mr. in a Gregg advised as fo llows: Valet different way; a lTIore casual P & Z MINU'n:S 12 11/15/88 ( atmosphere is intended; there will be a mix of people [IS there are 2 clubs, one playing 50s and 60s rnus.ic and one playing Top 40s musl.c; fumes feam cars usually accumulate where traffic is stopped and there will be landscaplng that will cut down on fumes; total parking provided, with agreements, wi 11 be approximately 600 spaces; approximately 2,100 square feet 1:-:> proposed to be added and the addition will seat approximately 80 peorle; there wiLl be no live entertain on the deck but there \vill be outside speakers; hours of operation will be 5:00 PM to 2:00 AM; applicant is currently closed on Sundays and Mondays but may consider opening 7 days a week; speakers wilL be din~cted away from Church and the building should act as a buffer to any noise; though applicant has no control of people crossing Gulf-to-Bay Boulevard, there is a security guard at night to check on cars; and, applicant has agreement with "ride line" to have taxis available at night for use by those who may have had too much to drink. Ms. Harvey clarified for the Board that denial of the subject request will not end the sub ject establ ishment as the reques tis for an exp an s i on of an existing operation. In opposi tion to the above reques t, the following persons appeared to give their comments: ~1 "l~:~: Atty. James Felos, representative of the Greek Or-thodox: Church of the Holy Trinity, advised as follows: The Church Council voted unanimously to oppose the subject application; the Church has been a t the subject location for 20 years; there are a Church, a school building, and a meeting hall on the Churcl1 property; the Church is opposed to alcoholic beverages being sold outside of the building; the Church has had bad experiences with the previous owners of the subject property in regard debris and drunks and if the deck is approved there will be more debris and mOL'~ drunks; the Church has 900 members wi th 300 children; the Church has meetings aIL day and in the evenings; the Church has concerns about the great deal of traffic and the number of drunks; and, the Church has had a history of break-ins and vafldalism. Mr. Felos read from a newspaper article regarding Nako's moving to the subject property. A.fter questioning by Board members, Mr. Felos advised as follows: Young people groups meet in after-noons and early evenings; the Church does not have a full time parochial schoo 1; and no one is at the Church between 1: 00 AM and 2: 00 AM. Father Theo Anastas, Pastor of the Greek Orthodox Church of the Holy Triaity, advised as follows: The problems stem back to when Studebaker's was in operation and an employee of Studebaker's broke into the Church; the people of Pattemore's have been in close contact since the beginning of its operation; the Church wants to be good neighbor but the Church doesn't like some of the things that have happened such as broken glass and beer cans; the Church is concerned about control and overflow parking if Mako's takes over the operation; the Church denIed a request for use of its parking by the applicant; there are some Church services at the same time the operation is open; the Church felt the current operation is excellent but the Church doesn't agree with the addition of the outside deck; and the par-king agreement mentioned earlier expires in March. After questioning by Board members, Father Anastas advised as follows: Alcoholic beverages are served at the Greek festival, through a special permit, for 3 days; the meeting hall is rented out to other groups; there is an after-noon school from 4: 30 to 7: 30 PM; and there is a dance group that concludes about 8:00 PM. r \"". P & Z MINUTES 13 11/15/88 - .' . '.' .' .1 '. :. '.: ..:'.',.. , . " ":,"',' , {'." : . I' .' , " .,., . . (...' .. In re bu t tal, At ty. Kimp ton advi sed as fa llows: Appl icant has kept a line on its operation; applicant agrees one can find broken glass in the morning but it is a common problem; applicant does a good job in policing its property; applican,t provides parking for the Chur ch on the weekend; the problems have been with the previous owners; the Church, in its concern for what may happen, is overlooking the good relationship it bas with applicant; the applicants are on the premise everyday; any amount of supervision that the Church requests during its special events will be provided; there is only one deck proposed and it is proposed for the front of the building because a deck on the side of the building would be less tolerable for the Church; and, if there would be a break-in at the Church it would take place regardless of who is running the operation. Mr. Hamilton felt the opposition was mainly due to previous owners and he felt the location was appropriate. He also felt that a break-in at the Church would have nothing to do with whether a deck is added to the establishment. Mr. Green agreed but expressed some concern about parking. After questioning by Mr. Hogan, Mr. Gregg stated the agreement with Florida Power for parking is an ongoing agreement and another agreement was just signed. He stated the parking llsed on Florida Power's right-of-way cannot be used as required parking because the City does not allow it. Mr. Schwob felt adding a deck would create a new concept and new clientele and the operation would not be compatible. l~ ~,." Mr. Hamilton stated the applicant has been active in the community and community events. He added that most of the problems with Mako's with hours of operation will not have an impact on the Church and he felt there will be no problems with overlapping functions. He also fel t the problems at other establishments were that people in homes were being disturbed. Mr. Ferre 11 sta ted a change in the concept could occur regardless whether alcoholic beverages are served on the deck. Mr. Hamilton felt if might be appropriate to place a condition on approval of the above request that alcohoU,c beverage sales on the deck is approved for a period of one year and after that year~ this Board will have the ability to stop alcoholic beverage sales if there are problems. Motion was made by Mr. Hamilton~ seconded by Ms. Nixon, to approve the above request subject to the following: 1) That the Building permit for the expansion be procured within 6 months; 2) That a variance to the separation distance he approved by Ci ty Commission; and, 3) That approval of alcoholic beverage sales in the expanded area be approved for a period of one year. Motion carried unanimously (6 to 0). (~":. P & Z MINUTES 14 11/15/88 . . ", . .. f. '.' ; -, ':'. . " . I . ' ." . . ., . . I ,'~ . . . ~" . . > , ". ':' . I '. .' .. " . '. r"" ..... 12. Lot 2, Cypress Point Shopping Center (2401 U. S. Hwy. 19, North) Chili's Inc./Ronald McDougal/William Gaisford CU 88-106 Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CC (Commercial Center) Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in. the Commercial Center zoning dis trict; the specific request is for an expansion of a current operation holding a L~-COP-SRX State license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the request is for approval of a deck that was constructed on the west side of the property internal to the shopping center and it is applicant's des ire to sell alcoholic beverages on the deck; the Traffic Engineer had no comment; and, the Police Department saw no reason to deny license to applicant. Ms. Harvey stated no variance to a separation distance will be required. Ms. Harvey advised staff recommended approval of the above request. Mr. Bi11 Gaisford, representative of applicant, stated that, after. a fire several months ago, applicant decided to rebui ld the res taurant and add a deck. He stated he was advised by the Beverage Department that applicant needed to submit a plan with the patio layout. He also stated the Beverage Department requested applicant have the application re-signed by Zoning. No persons appeared in support of or in opposition to the above request. (, " #,'f~., Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request. Motion carried unanimously (6 to 0). c. Zoning Atlas Amendment: 1. Portion M&B 33.04, Sec. 17-28S-16E (Located eas t of 66th Street along west lot lines of the proposed Curlew Heights Subdivision) (Sempecos) Z 88-23 Zoning Atlas: FROM: RS-4 (Single Family Residential "Four") TO: AL/I (Aquatic Lands/Interior) The above property is located east of 66th Street along west lot lines of the proposed Curlew Heights Subdivision. Mr. Chris Andros, representative of applicant, stated the request is made at the accommodation of the City. He advised the subdivision is currently being prepared for acceptance and a portion of the property has been designated as a wetland. He also advised the request is made to assure the wetland will remain a wetland. t '~., Ms. Harvey advised this is a request for a zoning atlas amendment from RS-4 (Single Family Residential "Four") to AL/I (Aquatic Lands/Interior). Ms. Harvey advised staff recommended approval. P & Z MINUTES 15 11/15/88 , . ,', t . ' ,. f " '." ': . ", . . , . :.....:. . ~ ' '. , .'. " . '~ . . . . No persons appeared in support of or in opposition to the above request. (-.." " Motion was made by Ms. Nixon, seconded by Mr. Schwab, to recommend approval of the request for a zoning atlas amendment from RS-4 (Single Family Residential "Fou r") to AL/ I (Aq uat ic La nds/Inte rior). Mo t ion ca rried unanimously (6 to 0). D. Zoning Atlas and Land Use Plan Amendment: 1. M&B 22.033, Sec. OS-29S-16E (Located on the east side of U. S. 19 on the north side oE a private road within Jennifer Office Complex) (Marks & Gilliss, Inc.) Z 88-22 LUP 88-24 Zoning Atlas: FROM: OG (General Office) TO: CH (Highway Commercial) Land Use Plan: FROM: Residential/Office TO: Commercial/Tourist Facilities > ./ I. ~ The above property is located on the east side of U. S. 19 on the north side of a private road within Jennifer Office Complex. \,-..... Atty. Ed Armstrong, representative of applicant, stated the property contains two acres. He stated the present zoning is General Office and the present Land Use Plan designation is Residential/Office. He stated the above request is made for the back portion of the parcel in order that the zoning be consistent with the front portion of the property fronting on U.S. Hwy. 19. He also stated applicant has received final si te plan approval from the Ci ty Comfiis sion cont ingen t upon approval of the zoning a tlas and Land Use Plan amendments. .~ / , .:. " ~ l{ Ms. Harvey advised this is a request for a zoning atlas amendment from OG (General Office) to CH (Highway Commercial) and a Land Use Plan amendment from Residential/Of fice to Commercial/Tourist Facilities. She stated that submission of the above request was required as a condition of DRC approval of September 22, 1988. She added the City cannot authori~e permits for inventory parking for the car deale rship on anything 0 tiler than commerc ia lly zoned property. Ms. Harvey advised stafE recommended approval of the request. After questioning by Mr. Hogan, Mr. Armstrong stated the property will be an expansion of the car dealership and the back portion of the property will be as a retention pond and some parking. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the request for a zoning atlas amendment from OG (General Office) to CH (Highway Commercial) and a Land Use Plan amendment from Residential/Office to Commercial/Tourist Facilities. Motion carried unanimously (6 to 0). " '....-." , P & Z MINUTES 16 11/15/88 :.: ., I' .:. . '. '.'." ",' ", '. .: , ' '. . f '. ..., " ' . , I . , '.:' . I . ". ..' .' ~ :. '. '.,' . .: I ' .... , F. Director's Items 1. Approval of Planning and Zoning Meeting Dates scheduled for 1989. /'" , i Ms. Harvey requested the that Board approve the 1989 schedule of Planning and Zoning Meeting dates. She advised the Board the dates have been set up in accordance with the Board's Bylaws. Motion was made by 11r. Hamilton, seconded by Mr. Schwob, to approve the 1989 schedule of Planning and Zoning Meeting dates. Motion carried unanimously (6 to 0). G. Board and Staff Comments After questioning by Ms. Nixon, Ms. Harvey advised the Police Department will make a recommendation only when a place has been a particular problem. 11s. Nixoll felt it would be helpful to know if there are problems around a particular place. Ms. Harvey ad,dsed the Police Department will comment if that department feels there is a particular problem. After questioning by Ms. Nix:on, Ms. Harvey advised this Board may make a request to add package sales to that section of the Land Development Code that deals with required separation distances between similarly licensed establishmellts. Ms. Harvey stated she could not recommend they make such a request because she felt there were currently too many requirements for the City to properly enforce. .. :I \,' After further questioning by Ns. Nixon regarding a site on U. S. Hwy 19, M.s. Harvey clarified it is not a function of the Planning and Development Department to issues tree permits. '''J:... After questioning by Mr. Hogan, Ms. Harvey advised that) if the Board feels there has been a change of business ownership of an alcoholic beverage establishment that may not have been approved by this Board) the Code Administration Office should be contacted at 462-6840 in order that one of the inspectors can investigate. Ms. Ha rvey stated changes of business ownership of alcoholic beverage establishment will be an ever-increasing problem because of the turnover. Mr. Harni lton Eel t a change of busines s owne rs hip of an alcoholic beverage establishment should be handled administratively. Ms. Kogan felt) in reviewing changes of business ownership, the Board has an option in the event there are problems with a particular operation. After questioning by Mr. Hamilton) Ms. Harvey advised that a public hearing item cannot be placed on a consent agenda. Meeting adjourned at 5:06 PM. .""\' ~' t~~ '~L Paula Harvey Planning Director P & Z t1INUTES 17 11/15/88 . . ... . . . 'I ' '. '.",' . . . : . . . ,', ..' . ' .'./ ' " ,',,' ' .' , eLf.. D6-l../~ I-ec 1]) AI HR6. J I - J.5 -~ ~ (~'" 625 McLennan St. Clearwater, Florida 34616 Nov. 15, 1988 Planning & Zoning Board City of Clearwater Re: VFW Post 10304 to permit on premise consmnption of beer, wine and liquor (ll-C) at 724 Tuskawilla. Lot 14, Block 16, Milton Park. zoned P/SP ~-o? Dear ~Iembers of' the Board: This letter is written in op~sition to the conditional use requested for the above. I believe granting of conditional use will be materially detrimental to the other pro~rty in this neighborhood and ~ould have significant adverse impact, and that the conditional use standard of being reasonably compatible with surrounding uses cannot be met by the applicant. .ri.., \ ' "'".., Mrs. Irma Ezelle of 718 Tuskaw~lla street has ~~itten a letter of opposition showing there is already a problem with late night activity on the VFW ~roperty with noise and other activities. Keith Crawford, our City Traffic Engineer. has indicated there is insufficient parking. The applicant needs to offer testimony as to how he intends to control noise, litter. and traffic. There is also in the file a copy of a letter from Rev. Paul L. Cushman, Pastor of the Church of God, strongly objecting to your granting the conditional use before you toda.y. It a.:ppears that the granting of conditional use will be materially detrimental to other property ~n the neighborhood and would adversely affect the use, enjo~nent or value of properties in the neighborhood. ~. (Mrs.~cormler) v (~'" . . . " '. .!.. ~ .' . . . . '. '. . ' . I. ,'., . :' .' '" C. fA_- 0 6 - (-II/ rec. d at Ii. r~ 4 1/-/5-88 625 McLennan St. Clearwater, Florida 34616 November 15, 1988 (~ '~ Planning & Zoning Board City of Clearwater ReI Arnold Kenly (Bud's Place) for package sales of beer and wine (2APS) at 1467 S. Greenwood, M & B 31-02 of Sec. 22-29-15) zoned CG B-3 Dear ~1embers of the Board: This letter is ~~tten in opposition to the conditional use requested for the above. I believe granting of condi~ional use will be materially detrimental to other property in the neighborhood and would have significant adverse impact. I do not believe the a~plicant can meet the conditional use standards of being reasonably compatible with surrounding uses. /.. t '1.:"'-' I believe package sales of beer and wine in this neighborhood would adversely affect the use, enjoyment or value of homes to the east ofl the property,especially homes to the west of the property, just across I Greenwood, Norton Apartments for lower income families and Bruce Tyndallos ' homes for lower income families. Also to the east are a couple small 0/ / churches in the heart of the black community. To the west, along South .~ ..MIW ..~1li..-~';I_J~n... we have the Norton Park and athletic fields being increased and actively used by young people. The City has excellent park system here. Pick Kwik store located at 1495 South Greenwood Avenue is in the same block as the requested Bud's Place, and Pick Kwik already has a 2 APS license. We do not need a package store, in addi~ion,to the existing Pick Kwik. The applicant for conditional use bears the burden of proof, and since I do not believe the applicant has met the burden of proof that all the applicable standards have been met, I ask you to deny the request for conditional use. ~incer yyo~s, I . //. - I C7"Z/-' ~ (Mr . Lois Cormier) d' " ~,/ ,.',. :~, . :" r"'~' ,:,' '~""~'.''(' ',.,.' ..:"" " , ,:. t"."... ' .. ".,,", I, '.. ',' , lAsr NAME-fiRST NAME-MIDULI: NAME tLC\ r Y '\; 1-1 C I ). 1-.(, 'l'-' l) 11 ( -(- L ) N NO A()URESS , /).... , III 17/ I L / J::'_~; ;-j 1[, 1/ ,: I,: \ /::,".' ('In' (/ j t,~ ~'{ (.' IA.' (\-{-, C'. (- OAt E. ON WIf 1(7' VOlt: OCCURRED J. 1':"- c;y .--:-; I I ....) I..' t...~ , FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAM~ OF DOARD, COUNCil., COMMISSION. AUTHORITY. OR COMMITTEE i' t' /':") l,. . .--} ~ ~ . (~li,':\(L,I~\.~-'t/-"" f'l'}"'" .'>,) '(-'C,co.)) (r)( litE I\OARO. COUf'JCIl., COMMISSION. AUTHORITY, OR COMMIT1EE-ON Wlllell I SERVE IS A UNIT OF: (".,., , . COUNTY <""'1" t", II rl ~. )<!'IIV 'I ! COUNI Y 1 I OIliER I.OCAL M1ENCV NAMll OF I'OUnCAI. SUnUlVISION: MY POSIlION IS: [,I f.LEer IVE !)( APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city. or other localle\'cl of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to JIlcmbers of advisory and non-advisory bodics who are presented with a voting conflict of interest uuder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not requircd by Jaw. you arc encouraged to US~ it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which YOll havc a conflict of interest will vary greatly depending on whether you hold all elective or appointive position. For this reason, pleasc pay close attention to the instructions on this form before completing the reverse side and filing t he form. ( ;~LEC"'EI) Of'FleERS: INSTRUCTIONS FOR COMPLIANCE WIUI SECTION 112.3143. FLORIDA STATUTES . " A persoll holding elective county, munkipal, or other local public () flicc tv! U ST ^BSrAI N frolll vot ing on a measure \\'hich inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, YOll should disclose the conflict: .. i' j ,: ~ PRIOR TO THE VOTE BEING TAKEN by publicly stating to the asscmbly the nature or your itlleresl in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filillg this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. AP()OI Nl'ED OFFICEIlS: i ~ A person holding appointive county, municipal, or other local public office MUS'l' ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowi Ilgly voting on a measure which inures to the special gain of a principal (other than a government agency) by Wh0111 hc is retained. A persoll holding an appointive local office otherwise may participate in a matter ill which he has a conflict of interest, but mllst disclose the nature of the conflict before making any attempt to influence the decisicn by oral or written communication, whether made by the officer or at his direction. ,~ IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING Af WHICH THE VOTE WILL BE TAKEN: 4 (I 10"\1 "II WHft PAGE I i i '- I I f f ( 'au should complete and file this form (before making any attempt to in f1uence the decision) with t he person responsible for \'...,.ecording the minutes of the meeting, who will incorporate the form in the lllillUtes. ~ · ^ copy of the form should be provided immediately to the other lIlembers of the agency. e The form should be read publicly at the meeting prior to consideraticl1 of the Inatter in which you have a connict of interest. -- .. --.. . . IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You should disclose orally the nature of your c()lIf1ict ill the measure before participating. . You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes C"" of the meeting, who should incorporate the fOrln in t!le minutes. DISCLOSUIlE OF LOCAL OFFICER'S INTEREST I. kl/l,rI(.-r~'16-1 1-('''"1'0; )-Ic,vl ,herelJy disclose that on /, lr'l../c:.I)l:Jc't- 15-,19 -0'2; . (a) A measure came or will come be[ore my agency which (check one) _ inured to my special private gain; or _ inured to the special gain of , by whom I am retained. (b) Thc measure before my agcncy ami the nature of my interest in the measure Is as follows: r (:ir/9 tlrJ c\ {{if - ~ /~-I-{' (I c, I ) C\ ../ t 9 ('-.) .e" I t> r~i f-"/~l /' 5 ,r e, j-f- c( LJ ,/"q t/l -/-. }}/( cI 1-'11 G J ~I I )7r'~+1Cf 7 e:....( (, __1/1b?1/2'[7 J Date Filed ~~=r1-,J:1 kt~~u~ S./ Ignat ure '~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR ANI> MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALlY NOT TO EXCEED $5,000. """,."