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01/30/1990 ( .. /' ..~ ACTION AGENDA PLANNING & ZONING llOARD MEETING TUESDA Y, JANUARY 30,1990 - 1:30 PM RECEIVED PLEDGE OF ALLEGIANCE INVOCATION FEe 5 1990 ITEM ACfJON en'y CLERK A. Approval of minutes of December 5, 1989 Approval of minutcs of Deccmher 19, 1989 Approval of minutes of January 2, 1990 Approval of minutes of January 16, 1990 Approved unllnimously, CONOlTIONAL USr-~<.;. ANNEXATION. ZONING. LAND USE PLAN AMEN!)MENTS. LAND DEVEL.OPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW: THE UOARD FOLLOWS THE PROCEDURES OUTLINED BELOW, ALL TESTIMONY FOR CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH. 1. Th~ Chuirperson reads from the Public Heuring Notice euch item as it is presented. 2. The staff report and pertinent background information arc presented. - 5 minutes maximum. 3. Staff presents any supporting written document: 4. Staff prcsents any opposing written document!.. 5. The applicant or his reprcscntative presents his case. . 5 minutes mmcimum. 6. Persons who support the applicution speak - 3 minutes maximum for each individual; or spokesperson for group - 10 minutes maximum. 7. Persons who oppose the application speak - 3 minutcs maximum for each individua~ or spokesperson for group - 10 minutcs nwcimum. 8. Pcrsons supporting the application (other than applicant) may speak in rebuttal. 3 minutes nUlximuJIL 9. Persons opposing may speak in rebuttal. 3 minules maximum 10. The applicant has an opportunity for final rebuttal - 5 minutes maximWI1. 11. Public Hearings arc closed. 12. Discussion by the Board. 13. 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 U~cs: 1. (REOUEST FOR EXTENSION) M&B 41.05, Sec, 24<!9S.15E (1496 Soulh Belcher Road) Mobil Oil Corp, (Mobil Service Station) CU 89.49 Request withdrawn by applicant. Request - 1.APS (Package Sales of Alcoholic Beverages) Zoned - CC (Commercial Center) proposed rczoniug to CG (General Commercial) NOTE: CG ...oning finalizcd July 6, 1989 P & Z AGEt...rnA 1 01130/90 2. Blk B, Lots 3 & 4 Suburb Beuutiful Approved subject to the following: Addition 10 Clearwater (1755 Gulf to Bay n. The City Commis.!.ion grantin8 'wo (2) , Blvd,) alcoholic beverage license separation diswlla: George NicoviclGeorgc's Amoco variances. ;r'-'~" CU 90-04 b. Tbe alcoholic beverage license being procured within six (6) months. Request. 2-APS (Package Sales) Co 'nle applicant provide landscaping long (NEW LICENSE) Phcnoix SL and Gulf to Day Blvd. Zoned - CO (General Commercial) 3, M&B 41.01 & 41.03, See, 18-29-16 (600 Approved subject to the fonowing: U.S, 19 S) a. Thc alcoholic beverage license being Angel Properties (Stinger's)/Pinellns pn}(:ured within six (6) months. Leisure Properties, Inc./George Robbat cu 90-05 Request - 4.-COP (On Prcmise Consumption of Alcoholic Bcverages) (NEW LICENSE) Zoned - CH (Highway Commercial) 4. Lots 57.63 & PlU't Lot 64, (490 Mandalu)' Approved subjccllo the following: Ave., Suites 5 & 6 Clearwater Beach a. The alcoholic beverage license being Park) procured within six (6) months. Mary G. Really, IncJChubby's Cafe CU 90-06 Request - 2-COP (On Premise Consumption of Alcoholic Bcverages) (NEW LICENSE) Zoned - CB (Beach Commercial) " -. 5, Lol12 less street, A. H. Duncan's Resub. Continued to February 13, 1990 (l448B S Missouri Ave.) Cecelia S, Schwartz D.S, Pallet Service CU 90-07 Request - 1. Outdoor retail sales, displays, and/or storage and 2. WholesalillgfDistributing Zoned ~ CG (General Commercial) 6. M&B 14.04 & 14.05, Sec. 17-29-16 (2930 Approved subject to Lbe following: Gulf to Bay Blvd.) a. The alcoholic beverage license and building " E & R Properties, Inc.{fio Pepe permit being procured within twelve (12) RestaurantfTio Pepc Inc. manllls. CU 90-08 Req ucst - 4~COP.SRX (On Premise Consumption of Alcoholic Beverages) (EXPANSION) Zoned - CG (General Commercial AND CR-24 (Resort Commercial) P & Z AGENDA 2 01130/90 .,-..~~' . C. Annexation. Zoninl!. L..tnd Use 1'llIn Amendment.. Land Develonment Code Text Amendment. and Local Pllmning Agencv Review; ('<... 1. Lot 4, Blk 2, Bay View City sub. (Located Approved at 3037 Virginia Ave.) (Community Homes Inc.) A 89.23 LUP 89-18 Request - Annexlltion IInd Zoning RS.g (Single Family Residential) , lAND USE r61!'!i From: None To: Low Density Residential 2. M&B 33.07, Section 13-29.15 (Located at Approved 992 Regent Ave,) (Dickinson) A 89-24 LVI' 89.19 Request ~ Annexntion and Zoning RS-4 (Single Family Residential) lAND USE PLAN: From: None To: Low Density Residential 3. M&B 23.11, Section 21-28-16 (Located at Approved 3130 McMullen-Booth Rd) " (Hardy/Wee Care Preschool, Jnc.) .~- A 89-25 LVI' 89-20 Request - Annexation and Zoning PISP (Public/Semi.Public) LAND USE PLAN: From: None " To: Public/Semi-Public 4. Chapter 136, Section 136.028, to require a Continued to February 13, 1990 lraffic impact study for certain developments within the CitYj providing an effective dale. D. Chairman's Items E. Director's Items F. Board & Staff Comments G. WORKSHOP - Alcoholic Beverage Sales I' & Z AGENDA 3 01/30/90 I ...... ,/ -- , , ,,' :" ..' ~., , . ,', It ' , . , . , ' , i"'{j: ,:,';' , AGENDA PLANNING & ZONlNG BOARD MEETING TUESDAY, JANUARY 30, 1990 - 1:30 PM ~'"'' f:: '''~'''~1 (. PLEDGE OF ALLEGIANCE INVOCATION ITEM AcrION A. Approval of minutes of December 5, 1989 Approval of minutes of December 19,1989 Approval of minutes of January 2, 1990 Approval of minutes of January 16, 1990 CONDITIONAL USES. ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. lAND DEVELOPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIBW: THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR CONDmONAL USE REQUESTS IS GIVEN UNDER OATH. //': " ( ~<:",' 1. The Chairperson reads from the Public Hearing Notice each item as it is presented. 2. The staff report and pertinent background information are presented. - 5 minutes maximum. 3. Staff presents any supporting written documents. 4. Staff presents any opposing written documents. 5. The applicant or his representative presents his case. - 5 minutes maximum 6. Persons who support the application speak - 3 minutes maximum for each individual; or spokesperson for group - 10 minutes maximum. 7. Persons who oppose the application speak - 3 minutes maximum for each. individual; or spokesperson for group - 10 minutes maximum. 8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes maximum. 9. Persons opposing may speak in rebuttal- 3 minutes m:nimum. 10. The applicant has an opportunity for final rebuttal - 5 minutcs maximum 11. Public Hearings are closed. 12. Discussion by the Board. 13. The Board makes a decision. I , I I J FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. Conditional Uses: 1. (REQUEST FOR EXTENSION) M&B 41.05, Sec. 24-29S-15E (1496 South Belcher Road) Mobil Oil Corp. (Mobil Service Station) CD 89-49 Request - 1-APS (Package Sales of Alcoholic Beverages) Zoned - CC (Commercial Center) proposed rezoning to CG (General Commercial) NOTE: CG zoning finali7~d July 6, 1989 c. P & Z AGENDA 1 01130/90 :;' " .' '"'' ' '.. ','" ,'... '..,. ,:... ',>' :'" : , .... ",,'.., ':; ':" '. ': "" ..,: ' ',' :, '. ", '.:',:',.'. :.'" " " ":,',:',:,', ,': ' 2. Blk B, Lots 3 & 4 Suburb Beautiful Addition to Clearwater (1755 Gulf to Bay Blvd.) George NicovicJGeorge's Amoco CU 90-04 ~~ , ,~ ,> .', Request - 2-APS (Package Sales) ~, ",' (NEW liCENSB) Zoned - CG (General Commercial) 3. M&B 41.01 & 41.03, Sec. 18-29-16 (600 U.S. 19 S) Angel Properties (Stinger's)/Pinellas Leisure Properties, Inc./George Robbat CU 90-05 Request - 4-COP (On Premise Consumption of Alcoholic Beverages) (NEW LICENSB) Zoned - CH (Highway Commercial) 4. Lots 57-63 & Part Lot 64, (490 Mandala.y Ave., Suites 5 & 6 Clearwater Beach Park) Mary G. Realty, Inc./Chubby's Cafe CD 90-06 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) (NEW liCENSE) (~';. Zoned - CB (Beach Commercial) . '~:r-"'I".._~i' ..- .' ~ ~ . '." ~Ji~~~.l 5. Lot 12 less street, A. H. Duncan's Resub. (1448B S Missouri Ave.) Cecelia S, Schwartz D,S, Pallet Service CU 90-07 Request - 1. Outdoor retail sales, displays, and/or storage and 2. WholesalingIDistributing Zoned - CG (General Commercial) 6. M&B 14.04 & 14.05, Sec. 17-29-16 (293() Gulf to Bay Blvd.) E & R Properties, Inc,(fio Pepe Restaurantffio Pepe Inc. CU 90-08 Request - 4-COP.SRX (On Premise Consumption of Alcoholic Beverages) (EXPANSIO~ Zoned - CG (General Commercial AND CR-24 (Resort Commercial) ,\ ~~: P &. Z AGENDA 2 01/30/90 c. Annexation. Zoninv.. Land Use Plan Amendment. Land Develonment Code Text Amendment. and Local Planninl! Agency Review: r> 1. Lot 4, Blk 2, Bay View City Sub. (Located .. at 3037 Virginia Ave.) (Community Homes Inc.) A 89-23 LUP 89-18 Request - Annexation and Zoning RS-8 (Single Family Residential) LAND USE PLAN: From: None To: Low Density Residential 2. M&B 33.07, Section 13-29-15 (Located at 992 Regent Ave.) (Dickinson) A 89-24 LUP 89-19 Request - Annexation and Zoning RS-4 (Single Family Residential) LAND USE PLAN: From: None To: Low Density Residential 3. M&B 23.11, Section 21-28-16 (Located at 3130 McMullen-Booth Rd) (Hardy/Wee Care Preschool, Inc.) A 89-25 LUP 89-20 Request - Annexation and Zoning P /SP (Public/Semi-Public) LAND USE PLAN: From: None To: Public/Semi-Public 4. Chapter 136, Section 136.028, to require a traffic impact study for certain developments within the City; providing an effective date. D. Chairman's Items E. Director's Items F. Board & Staff Comments G. WORKSHOP - Alcoholic Beverage Sales , ' , (,. ~~.' P & Z AGENDA 3 01130/90 . ' "". ~' . '" '. " . . , " ': '" " , . . '.'.. '. '" ., . " '''.' . .' MINUTES PLANNING & ZONlNG BOARD TUESDAY, JANUARY 30, 1990, 1:30 PM ~'~" . ....; " " Members Present: Chairman Johnson, Messrs. Mazur, Schwob, Ferrell, Green, and Hamilton Members Absent: Ms. Nixon A. Motion was Dlade by Mr. Schwob, seconded by Mr. Hamilton, to approve the minutes of the December 5, 1989; December 19, 1989; January 2, 1990 and January 16, 1990 meetings as written. Motion carried unanimously (6 to 0). Chail'Illan Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and ZonintJ 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. Ccnditional Uses: 1. (REQUEST FOR EXTENSION) M&B 41.05, Sec. 24-29S-15E (1496 South Belcher Road) Mobil Oil Corp. (Mobil Service Station) CU 89-49 Request - 1-APS (Package Sales of Alcoholic Beverages) Zoned. CC (Commercial Center) proposed rezoning to CG (General Commercial) NOTE: CG zoning fin31i7OO July 6, 1989 Mr. Hilton advised a letter of withdrawal from the applicant had been received. Motion was made by Mr. Schwob and seconded by Mr. Ferrell to accept withdrawal of this application. Motion carried unanimously (6 to 0). (/{'. ~ ,1 ~l';.i..' 2. Blk B, Lots 3 & 4 Suburb Beautiful Addition to Clea'Water (1755 Gulf to Bay Blvd.) George Nicovic/George's Amoco CU 90-04 Request - 2-APS (Package Sales) (NEW UCENSE) Zoned - CO (General Commercial) Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Mr. Hilton stated that in addition to the written recommendations, staff recommends approval be subject to landscaping be required along Phoenix Street and Gulf to Bay Boulevard. Richard T. Bennison, Attorney, representing the applicant advised the landscaping requirement would not be a problem. Mr. Bennison advised this is not a new license application that there had been a license issued for this location on August 26, 1988. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob and seconded by Mr. Hamilton to approve this request with stafrs recommendation that the approval be subject to the following: (1) the City Commission granting two (2) alcoholic beverage license separation distance variances; (2) and the alcoholic license being procured within six (6) months; and (3) that landscaping be provided along Phoenix Street and Gulf to Bay Boulevard. Motion carried by a vote of 5 to 1 (Mr. Mazur voting "nay"). ., 3. M&B 41,01 & 41.03, Sec. 18-29-16 (600 U.S. 19 S) Angel Properties (Stinger's)/Pinellas Leisure Properties, Inc./George Robbat CU 90-05 \ ""'" .' Request - 4-COP (On Premise Consumption of Alcoholic Beverages) (NEW UCENSE) Zoned - CH (Highway Commercial) \. P & Z MINUTES 1 1130/90 , ... , '" ':, " " ',,' . , ". ' , I ~ '. ~ ", t, . I I , . . I . , .,',",' #f''1~ rr; Mr. Hilton gave the buckground of tho CllSC and submitted, in writing, thc staff recommendation. Mr. Hilton advised 4 letters of objection had been received. He furtber advised that two of the letters of ojbection were from competitors and that the zoning was appropriate for the request. Mr. Timothy Johnson, attorney, representing the applicant advised this will be a new building replacing the abandoned gas station on the Jersey Jim property. The owner's target clientele will be late 20's to early 50's in age and will require a minimum age of 22. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob and seconded by MI. Mazur to approve the above request subject to the alcoholic beverage license being procured within six (6) Inontbs. Motion carried unanimously (6 to 0). 4. Lots 57-63 & Parl Lot 64, (490 Mandalay Ave., Suites 5 & 6 Clearwater Beacb Park) Mary G. Realty, Inc./Chubby's Cafe CU 90-06 Request . Zoned - 2-COP (On Premise COllSwnption of Alcoholic Beverages) (NEW liCENSE) CB (Beach Commercial) ~;..~.. , ~, .", ~"' . '1:.,.,~." Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Trish MuscareDa, attomey, representing the applicant st,lted the owner, Ms. Reid, has been in contact with the previous objectors to this request and that they no longer are in objection. Ms. Muscarella stated the applicant has obtained a petition containing 750 signatures to approve this request, and presented same to the Board members for inspection. In response to a question by Mr. Schwob, Ms. Muscarella advised this request will not generate large amounts of vehicle traffic as most of their clientele are walk-ins from the beach. In support of the above request, Mr. Gordon McDougall stated he has been a resident of the beach for 14 years and he has never observed the parking lot in this shoppmg center to be more than 50% full and approval of this request will not have any negative impact. No persons appeared in opposition to the above request. Motion was made by Mr. Hamilton and seconded by Mr. Ferrell to approve the above request with staff recommendations that approval be subject to the alconolic beverage license being procured within six (6) months. Motion carried unanimously (6 to 0). 5. Lot 12 less street, A. H. Duncan's Resub. (l448B S Missouri Ave.) Cecelia S. Schwartz D.S. Pallet Service CD 90-07 Request. 1. Outdoor retail sales, displays, and/or storage and 2. WholesalingIDistributing Zoned - CG (General Commercial) l Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Mr. Hilton stated that in addition to the written recommendations, starf recommends approval be subject to the following: the applicant be required to provide a 6 ft. stockade fence with landscaping on the north, south, and west side of the property as required by Code; and the stacking of pallets not exceed 10 ft. in height; the site be requir~d to comply with Pinellas County Health Department regulations for safe and sanitary conditions; and must comply with City of Clearwater Building Code and Licensing requirements. The applicant, Mr. Dominick DeVIVO, stated providing the fencing and height restriction would not be a problem, but was confused as to the building permit requirement. He stated he has operated this business for the past 7 years and is making the request due to the need for more room for storage of the pallets. Discussion eIlSued regarding letters of complaint received in which concerns were expressed about rodents and related health hazards, and general operation of the business. In response to questions by the Board Mr. Hilton advised this application is the result of a complaint being received by the Development Code Inspectors and subsequent violations being cited. The following persons spoke in opposition to the above request: P & Z MINUTES 2 1130/90 Request - Zoned - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) (EXPANSION) CO (General Commercial AND CR-24 (Resort Commercial) (f'e':-; Mr. Jehn Jenkins, 1146 Alma Strcc~ stated his property joins the property of the subject request and is very concerned about the rodent problem with the pallets being stored on the ground. He advised he is also concerned that the property often becomes overgrown with weeds and grass and has had to complain to the Sanitation Department several times a year before the owner takes action to correct this problem. Mr. Jenkins asked that the Board help correct this undesirable situatioll and deny this request. Mrs. Lois Cormier, stated operation of this business does not belong in an area adjoining a residential neighborhood. She felt a fence or height restriction would not help. and that storage of pallets on the ground could never be sanitary or safe, and that this use should Dot be allowed to remain. Mr. Polatty suggested this item be continued to the next meeting to allow staff to investigate the Health Department requirements, Mr. DeVivo had no objection. Motion was made by Mr. Hamilton and seconded by Mr. Green to continue the above request for conditional use to February 13, 1990. Motion carried unanintously (6 to 0). 6. M&.B 14.04 & 14.05, Sec. 17-29-16 (2930 Gulf to Bay Blvd,) E Be. R Properties, lnc.rrio Pepe RestaurantJTio Pepe Inc. CU 90-08 ",';' , C' ~~.c Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation. Mr. Donald McFarland, attorney. representing the applicant advised City staff stated this request exactly. He noted that the restawant's seating is inadequate with tile loss of 10' and approximately 65 seats due to the widening of Gulf-to-Bay Boulevard. Mr, McFarland requested consideration of the approval being subject to the occupational license and building permit be obtained within 12 months, rather than 6 months. Motion was made by Mr. Hamilton and seconded by Mr. Schwab to approve the above request subject to the requisite occupational license and building pertuit being obtained within twelve (12) months. Motion carried unanimously (6 to 0). C. Annexation. Zo~ Land Use Plan Amendment. Land Development Code Text Amendment. and Local PJanninp- ~ncy Review: , 1. Lot 4. Blk 2. Bay View City Sub. (Located at 3037 Virginia Ave.) (Community Homes Inc,) A 89-23 LUP 89-18 Request - Annexation and Zoning RS-8 (Single Family Residential) LAND USE PLAN: From: None Te: Low Density Residential Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. The following persons spoke in opposition to the above request: Mr. T"nn Bineh3m, 3035 Vuginia Avenue, stated he is concerned that this annexation will cause many problems. His driveway currently runs across Lot 4 (applicant's property) as access to his property (Lot 5). He also expressed concerns about many trees on the property, drainage, and elevation. l., Mr. William Boutwell, 3035 Eastwood Drive, stated concern regarding the following: confusion as to what agency will provide police service, drainage. water and sewer services. He felt the City is not concerned with this area due to it being part City part County jwisdiction, Discussion ensued in which Mr. Hamilton expressed the Board is equally concerned with all property in the City, and Mr. Green felt annexation of the subject request would not add to the existing problems. Mr. Polatty invited Mr. Boutwell to meet with him and Mr. Shuford to discuss his concerns and work out a solution. P & Z MINUTES 3 1/30/90 2. M&B 33.07, Section 13-29-15 (Located at 992 Regent Ave.) (Dickinson) A 89-24 LOP 89-19 y. Motion was made by Mr. Schwab and seconded by Mr. Hamilton to approve the requested RS.S Zoning and a Low Density Residential Land Use Plan category in conjunction with the annexation. Motion carried unanimously (6 to 0). r~." \'\ ,; ,..J Request - Annexation and Zoning RS.4 (Single Family Residential) lAND USE PLAN: From: None To: Low Density Residential Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation. Applicant was not present. Motion was made by Mr. Schwob and seconded by Mr. Green to approve the requested RS-4 Zoning and a Low Density Residential Land Use Plan category in conjunction with the annexation. Motion carried unanimously (6 to 0). 3. M&B 23.11, Section 21-28-16 (Located at 3130 McMullen-Booth Rd) (Hardy/Wee Care Preschool, Inc.) A 89-25 LUP 89-20 ~".". f~ '.-:: " .,. ~ " tt:;:..':c\" Request - Annexation and Zoning P/SP (Public/Semi-Public) lAND USE PLAN: From: None To: Public/Semi-Public Mr. Polatty gav,~ the background of the case and submitted, in writing, the staff recommendation. Ms. Sara Hardy, applicant, stated Pinellas County granted approval on January 3rd for the addition to the building, She stated the reason for the expansion is to provide care for infants and toddlers. Motion was made by Mr. Schwob and seconded by Mr. Green to approve the requested P/SP Zoning and a Public/Semi-Public Land Use Plan category in conjunction with the annexation. Motion carried unanimously (6 to 0). ,I . 1 I 4. Chapter 136, Section 136.028, to require a traffic impact study for certain developments within the City; providing an effective date. Mr. Polatty advised this item is to be continued. D. Chairman's Items - None E. Director's Items F. Board & Staff Comments - None G. WORKSHOP - Alcoholic Beverage Sales Mr. Folatty advised the map is not ready and will present to the Board on February 13, 1990. Meeting adjourned at 3:15 p.m. I '-./ M.~ olatty, Jr., Alep, Director d Development Department P & Z MINUTES 4 1/30/90