06/05/1990 (2)
PLEDGE OF ALLEGIANCE
INVOCATION
!rnM
A. Approval of minutes of May 15, 1990
.. .....".
..............
::.-;::::....<,
..,..': "."
ACTION
AGENDA
PLANNING & ZONING BOARD MEE'I'll'lG
TUESDAY, JUNE 5, 1990 - 1:30 PM
// i., ;'
~' ",I
" .'.
:~II:' :~.
. ~
"
, "
"
ACITON
Continued to 6/19190
, ,
....~ '.. .....,..,. ~ ,
CONDITIONAL USES. ANNEXATION," ?:Q~G.",~ND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TEXT AMEND~'J;S. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL'I'ESTIM:ONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATIL
__.. ~'n
.._.'.... ,.. co.
ur-.....'; c__.', <
1.
2.
3.
4.
5.
6.
7.
8.
" 9.
. . h 10.
. . 11.
12.
13.
The Cb~erson reads from the Public Hearing Notice each item as it is presented.
The staff report and pertinent background information are presented. - 5' minutes maximum.
Staff presents any supporting writtcn documents. .
Staff presents any opposing written documents.
The applicant or hiS representative presents his case. - 5 minutes maximum.
Persons who support tlie application speak - 3 minutes maximum for each individual;
or spokespcIson for group - 10 minutes maximum.
Persons who oppose the aPJ?lication st>eak - 3 minutes maximum for each individual; or
spokc:spcrson for group - 10 mmutes manmum. ,
Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
mRnrnnm
Persons opposing may speak in rebuttal - 3 minutes maDmDm.
The applicant bas an opportunity for final rcbuttal - 5 minutes maximum.
Public Hearings arc closed.
DiscussioD by the Board.
The Board makes a decision.
\
'"",
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 31.04. Sec. 30.28.16E
(2612 US 19 N)
National Operating Limited
PartnershiplPbar Mor of Florida,Inc.
CU 89-83 ,
Request -3 PS (Packa,se Sales of
Alcoholic Beverages)
(NEW LICENSE)
Zoned -CC (Commercial Center)
Lots 1-10. Blk. C. Bnyside Shores
(735 Bnyway Blvd.)
William & Donna M. Kebort (Sharky's)
CU 90-33
Approved 6 month extension
2.
Approved subject to the follo~ ~nditions:
1) The business shall close at midnight;
2) The kitchen shall remain opc.n to within one
hour of closing; and
3) There shall be no outside speakers.
Rcquest - For 6 month review of the
approval of on-premise conswnpuon
of beer, mne nnd liquor
Zoned -
CB (Beach Commcrcinl)
-'
1'1',\ ''1 1,::3G
,,)U\. <,
P & Z ACflON AGENDA
1
6/05190
. "
, ' '.
C ! T . ~ L.. ....
.
'--"........ -
3.
Part of Lots 8 & 9t City Park Sub.
(56 Causeway Blvd.)
City of Oearwater (Beach Diner)
CU 90-34
Request - To p,ermit on-premise
consumption of beer and v.ine
Zoned -
CB (Beach Commercial)
4.
M&B 11.05, See. 19-29-16
(19660 U.S. 19 N)
Veta L. Gillenwater Trust (Kenyon Auto
and Boat Sales)
CU 90-35
Request - To permit outdoor retail salest
displays and storage
Zoned - CH (Highway Commercial)
5. Part of Lots 5 & 6t MoseU Acres
f f51B6 Drew Street)
.......<~ 'chard W. & Martha J. Anderson
bAnderson Industrial Supply)
U 90-36
Request - To permit indoor storage!
warehousing
Zoned - CG (Gener~ Commercial)
6. Lots 1-20t Blk. 5t Revised Plat of
Brookwood Terrace
(1315 Cleveland Street)
Michael E. Lewis, Trustee
(Brasfield Properties, Inc.)
CU 90-37
Request - To permit indoor storage!
warehousing (mini-:itorage)
'.-
Zoned - CG (General Commercial)
7. Lot 1, Raddison Bnyside HOlel
(1201 Gulf Blvd.)
Anthony A. Petrarca (Sand Key
Pack~l;. Liquors)
eu -38
Request - To permit package sales
of beer, wine and liquor
",..
p & Z ACI10N AGENDA 2
Approved &Ubjcc:t to the fonowing conditions:
1) An ~ license most be obtained
Within six (6) months of this public hearing
&, ~~ ahaIl be broughtln1O c:ompliancc with
, 4PProvcd subject to the following conditions:
lr ' There shall be no outside storage of parts;
2)St~~y shall be on ~ved areas only.
not in any d~81U1tcd landscaped areas or rightS-
of-way; . . .
3) No nOlsc gcncratcd scmce, such as cngmc
testing shall be performed bctwccn the hoors of
6:00 p.m.. and 7:00 am.;
4) Except for the driveways as shown and approved
on the site plan, the asphalt and curliliJg for
dclctcd drivcwa shall be ~ccd with
landscaping. si~ and new curbiDg parallcl to
the adjacent street in accordance With at}'
standarlJs;
S) The app'licant shall apply and obtain
~rovaVcertification of an amended site nlan;
~) :rm: b~ ~ be ~ ~ time
limitations of tfu:: certified site plan; and
7) The applicant shall prcp3!C and have ~
~taff a landscape plan ~cd to e'immllt~ the
. to ,t;rnIayautomobileS., boats and similar
. wiib.'fu. the landscaped area.
Approved subject to the following conditions:
1) The~licant shall submit a landsca~ plan for
appro Staff in accordance with the Citis
Land D opment Code;
2) The continued maintenance of the fence on the
north side of the property shall be required; and
3) The ~e bw1ding permit bcirig obtained
Within six (G) months.
Continued to July 3. 1990
Approved subject to the following conditions:
1Y The applicant must obtain approval by the City
Commission for a ,wiancc to the minimum
distmlce separation requirement of 200 fL to allow
alcoholic beverage s31cs zero (0) fL from a
similarly licensed establishmcoL
2) The a licant shall obtain requisite building
pennit wifmn six (6) months of this public hearing.
3) The hoors of operation shall be restricted to thc
6/05/90
- . . ~
',,-., ,
~..~.I
Zoned. B (Business District) (per
1J4/'irT settlement stipulation U.S.
Steel vs City)
c.
Ann!!Dl~t1 ' . Land Use PIan Amendment.
Land D~ Ten Amendment. ana
Local P_~cvicw:
1. Lot 8, Blk. 2, Ackers Sub/Located on the
southeast side of S.R. S80 opposite
Countryside High Schoo~ approx. 1200 ft.
northeast of Charles Street
Doerner
A 90-06, LUP 90-07
Request . Annexation and Zoning, OL
(Limited Office)
LAND USE PLAN:
FROM; Unclassified
TO: ResidentiaVOffice
Lot 7, Terra Alto Estates, Located
at 1457 Otten Street
Lobil BuildinR Co., Ine.
A 90-7) LUP90-8
2.
3.
Request . Annexation and Zoning, RS-8
(Single Family Residential)
LAND USE PLAN:, .
FROM: UnclaSsified
TO: Low Density Residential
Lot 8, Blk,' F, Unit 1, Oak Acres Add.
Located at 1192 Norwood AVe.
Bachman
A 90-8) LUP 90-9
Request. Annexation and Zoning, RS-8
(Single Family Residential)
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
D. Cha..innan's Items
E. Director's Items
F. Board & Staff Comments
P & Z AcrION AGENDA
hours rcqucs1cd in the application; 10:00 run.. to
9:00 p.m. Monday thrOugh Saturday, closed
Sundays.
4) The a licant shall obtain an occupational
license ~n six (6) J1:Ionthl: of this publichcaring.
5) Thc.rc shall be no deliveries between the hoors
of 10:00 p.m. and 6:00 a.m. any day of the week.
Denied. (Rationale: The protJOSCd site plan does
not conform to the CitYs LandDcvclopment Code
rcquircmcnts in the following areas: parking. front
area open space; rear sCtbad; and cxa:eds
pennittCd floor area ratio.)
Approved
Approved
3
6/05/90
PLEDGE OF ALLEGIANCE
(...' , INVOCATION
ITEM
ACTION
~ '
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, JUNE 5, 1990 - 1:30 PM
A. Approval of minutes of May 15, 1990
CONDITIONAL USES. ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TEXT AMENDM'ENTS. AND LOCAL PLANNING AGENCY REVrEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONA.L 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 informntion 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. Pers<>ns who support the application speak - 3 minutes maximum for each individual;
or spokesperson for group - 10 minutes maximum.
7. Pers<>ns 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. Pers<>ns opp<>sing may speak in rebuttal - 3 minutes maximwn.
10. The applicant has an opportunity for final rebuttal - 5 minutes maximum.
11. 'Public Hearings are closed.
12. Discussion by the Board.
13. Tbe Eoard makes a decision.
(;
"
(".k .'
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. ConditionallJ~:
1. REQUEST FOR EXTENSION
M&B 31.04, Sec. 30-28-16E
(2612 US 19 N)
National Operating Limited
PartnershiplFhar Mor of Florida,Inc.
CU 89-83
Re.quest - 3 PS (Package Sales of
Alcoholic Beverages)
(NEW LICENSE)
Zoned - CC (Commercial Center)
2. Lots 1-10, Blk. C, Bayside Shores
(735 Bayway Blvd.)
William & Donna M. Kebort (Sharky's)
CU 90-33
Request - For 6 month review of the
approval of on-premise consumption of beer,
wine and liquor
Zoned -
CB (Beach Commercial)
l
L,",
P & Z AGENDA
REVISED S/31/!)O
1
6/05/90
Zoned -
CB (Beach Commercial)
.1-.' (',
L;',' '
'": ':
3.
Part of Lots 8 & 9, City Park Sub.
(56 Causeway Blvd.)
City of Cleatwater (Beach Diner)
CU 90-34
r,
.,
Request - To permit on-premise
consumption of beer and wine
4. M&B 11.05, Sec. 19-29-16
(19660 U.S. 19 N)
Veta L. Gillenwater Trust (Kenyon Auto ad
Boat Sales)
CD 90-35
Request - To permit outdoor retail sales,
displays and storage
Zoned - CH (Highway Commercial)
5. Part of Lots 5 & 6, Mosell Acres
(2186 Drew Street)
Richard W. & Martha J. Anderson
(Anderson Industrial Supply)
CD 90-36
Request - To permit indoor storage/
warehousing
Zoned - CG (General Commercial)
{,;:,
:; ..,',','
'. ,
,;. ""
.."."
,."",.'
6.
Lots 1-20, Blk. 5, Revised Plat of
Brookwood Terrace
(1315 Cleveland Street)
Michael E. Lewis, Trustee
(Brasfield Properties, Inc.)
CU 90-37
Request - To permit indoor storage/
warehousing (mini-storage)
Zoned - CG (General Commercial)
7. Lot 1, Raddison Bayside Hotel
(1201 Gulf Blvd.)
Anthony A. Petrarca (Sand Key
Package Liquors)
CU 90-38
Request - To permit package sales
of beer, wine and liquor
Zoned - B (Business District) (Per
2/4/87 settlement stipulation U.S.
Steel vs City)
C,.,,'
P & Z AGENDA
REVISED 5/31/90
2
6/05/90
Request - Annexation and Zoning, RS-8
(Single Family Residential)
"
,
C. Annexation. ZonilU!. Land Use Plan Amendment.
Land Development Code Text Amendment. and
Local Planning Agency Review:
t'"
1.
Lot 8, Blk. 2, Ackers Sub/Located on the
southeast side of S.R. 580 opposite
Countryside High School, approx. 1200 ft.
northeast of Charles Street
Doerner
A 90-06, LUP 90-07
Request - Annexation and Zoning, OL
(Limited Office)
LAND USE PLAN:
FROM: Unclassified
TO: Residential/Office
2. Lot 7, Terra Alto Estates, Located
at 1457 Otten Street
Lobit Building Co., Inc.
A 90-7, LUP 90-8
Request - Annexation and Zoning, RS-8
(Single Family Residential)
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
3.
Lot 8, Blk. F, Unit I, Oak Acres Add.
Located at 1192 Norwood Ave.
Bachman
A 90-8, LUP 90-9
.f':;- ,-., '"
t ,,'
'tt\L y
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
D. Chairman's Items
E. Director's Items
F. Board & Staff Comments
.,
l.: '"
. ~....,..}
-.'
P & Z AGENDA
REVISED 5/31/90
3
6/05/90
MINUTES
PLANNING & ZONING BOARD
TUESDAY, JUNE 5, 1990
t'~'"
'I.
Members Present:
Vice Chairperson Nixon, Messrs. Mazur, Schwab, Ferrell, Hamilton and Gans
Members Excused:
Chairman Johnson
Also Present:
James M. Polatty. Director of Planning and Development
Scott Shuford, Planning Manager
Vice Chairperson Nixon 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 NECESSARlL Y DISCUSSED
IN THAT ORDER.
1. REQUEST FOR EXTENSION
M&B 31.04, Sec. 30-28-16E (2612 US 19 N)
National Operating Limited Partnership/Phar Mor of Florida, Inc.
CU 89-83
Request -3 PS (Package Sales of Alcoholic Beverages) (NEW LICENSE)
Zoned -CC (Commercial Center)
Mr. Shuford presented a letter from the applicant requesting a six-month extension because the space le.:'lsed by
Phar-Mor for the utilization of this Conditional Use had not yet received a Certificate of Occupancy.
(,__ The applicant was not present.
No persons appeared in support of or in opposition to the above request.
Discussion by the Board ensued over the absence of the applicant lmd whether applicants should be present when
seeking an extension of Conditional Use. The Board concurred that the applicant or a representative should be in
attendance to answer questions that might arise. It was suggested that this be noted on the application form. The
Board also instructed staff to answer all letters from applicants requesting extensions advising that either the
applicant or hislher representative must be present at the public hearing. They further requested a policy change
in the agenda format by putting any requests for extensions at the beginning of the public hearing before
Conditional Uses.
Motion was made by Mr. Schwob, and seconded by Mr. Gans to grant the above request for a six-month. extension
from the date of this public hearing. Motion carried unanimously (6-0).
2. Lots 1-10, Blk. C, Bayside Shores (735 Bayway Blvd.)
William & Donna M. Kebort (Sharky's)
CU 90-33
Reque..c;t - For 6 month review of the approval of on-premise consumption
of beer, wine and liquor
Zoned -
CB (Beach Commercial)
l .,' Mr. Shuford gave the background of the case and submitted. in writing, the staff recommendations. The Board
'.w.,' questioned the interpretation of the six-month time frame for renewal and whether there was a change of ownership.
It was agreed the six months ran from the time applicant was granted an occupational license and not six months
P & Z MINUTES
1
06/05/90
In opposition, Mr. Marvin Ruvin, 851 S. Bayway Blvd., #605, spoke to the increase in seating from 80 to 150
seats. He felt a doubling of seating would cause additional parking problems and might create a situation where
drugs could be sold. When advised by the Board that it was a State requirement the restaurant maintain a minimum
of 150 seats, Mr. Ruvin withdrew his protest.
,""'" .
f
from the time the Board last ruled. The license hud been granted in December and thc original application wns now
up for review, including all provisions. Mr. Shuford explained thc business owncrship name had changed, but the
original applicant, Michael Hamilton, had authorized Torrey Cooper to act for him. The ownership of the property
is still in the name of William and Donna M. Kcoort. Mr. Shuford further presented the following to the Board:
I) copy of Agent's Investigation Report dated 2/3/90; 2) petition signed by five property owners protesting
extension of operating hours beyond 12:00 Midnight; and (3) copy of record of visit by Florida Division of
Alcoholic Beverages & Tobacco agent indicating a warning had been issued that they were not in compliance with
the SRX requirements, as 80 seats had been counted and 150 were required. The report also indicated that a
recount had been ordered for approximately 3/15/90, but the results were not known. Mr. Shuford further advised
he had been in contact with Elise Winter, representative of William Kehort, who indicated there may be an eviction
of the current tenant in process. She was not sure what position Mr. Kebort wished to take in this matter and Mr.
Shuford hud advised her the owner might want to attend the public hearing or send a representative. Mr. Polatty
stated to the Board that the staff's recommendations were based on the fact that the conditions are necessary to
resolve issues of incompatible land uses since the location is surrounded on three sides by residential.
l'
I
tj;
Mr. Torrey Cooper, 107 Waterbury Drive, Tal'pon Springs, FL, representative of Michael W. Hamilton,
President of Sharkey's of Clearwater, Inc., stated the staff recommendation is exuctly what they would like to
do and concur with all other recommendations staff has made. He further stated: I) With reference to the citation
from the Flori~1 Division of Alcoholic Beverages & Tobacco agents, they now comply with the 150 seat
requirement; 2) They have applied for the Responsible Lender Program, which gives a course to management on
prevention of problems regarding age, identification and licensing; 3) Since the Febmary hearing they are serving
60% food and 40% liquor, due primarily to expanding their menu to include seafood dinners, and to serving
specials to the Coast Guard Club and the Yacht Club; 4) The business will be open until 12:00 Midnight; 5) The
management needs to respond to the food issue and they are promoting a lunch menu similar to Frenchy's; 6) They
have installed double doors at the entrance to collect sound, have added additional plants in the interior as well as
fish nets on the wulls, and have ordered new drapes in an effort to reduce noise; 7) Additional film has been applied
to the windows to keep light out and to insulate them from the residential neighbors; and 8) They are not aware of
any citations and still supply two security guards any night there is a band. The Board inquired whether the signs
in the windows were permitted and whether they took up more space than legal. Mr. Cooper stated the signs had
been taken down, that they have a temporary permit and that application has been made for a permanent permit.
No one appeared in support.
In opposition, Mr. Herbert W. Ll'Onhardt, 706 Bayway Blvd, presented a petition from residents opposing the
extension of operating hours beyond 12:00 midnight. He stated the newspapers Illld indicated this was up for
review nnd they wanted to be sure the closing time would not be extended beyond 12:00 midnight. The Board
assured him the 12:00 midnight closing condition would remain.
The Board, having heard this request before, had little discussion. It was noted the applicant had responded by
increasing the food service and was adhering to the 12:00 midnight closing.
Motion was n1l1de by Mr. Hamilton, and seconded by Mr. Schwob, to approve the above request subject to the
following conditions: I) The business shall close at midnight; 2) The kitchen shall remain open to within one hour
of closing; and 3) There shall be no outside speakers. Motion carried unanimously (6-0).
3. Part of Lots 8 & 9, City Park Sub. (56 Causeway Blvd.)
City of Clearwater (Beach Diner)
CD 90-34
Request - To permit on-premise consumption of beer and wine
t""
Zoned -
CB (Beach Commercial)
P & Z MINUTES
2
06/05/90
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted in writing, the staff recommendations.
(,',
Mr. Nicholas P. Christou, 757 Harbor Island, appliclmt, stated he was there to request a conditional use to
permit a new 2-Cop alcoholic beverage license for the Beach Diner. Mr. Christou stated he has lived in the
Clearwater area for 15 years and for the past three years has lived both in his home town of Jackson, MI and
Clearwater. He stated they will operate as a family restaurant serving lunch and dinner and eventually breakfast
if the City approves. He stated the alcohol service will remain the same as the previous tenant. Mr. Christou
stated they have applied for a sign permit and wish to be in full compliance with the City on everything. They want
to renew their lease when the time comes and desire a long lasting relationship with the City. He further stated it
is their intention to operate the Welcome Center for the City, that this has been incorporated into their lease, and
that they plan to do a good job of it. Mr. Christou stated they would like to extend their hours on Friday and
Saturday to 12:00 midnight.
No one appeared in support or in opposition.
Discussion by the Board centered on the hours of operati<lD. They concurred the restaurant could operate any legal
hours with City approval. Mr. Shuford advised the staff had incorporated the hours of7:00 a.m. to 10:00 p.m. into
the conditions because it had been a request in the application and they wanted IulY self-imposed condition to be
included in the motion. He said the staff would not have a problem with a motion that would eliminate any
reference to hours. Mr. Shuford further stated should time ever become an issue for enforcement, they may have
to go back to the application submitted by applicant and assume by inference that the Board was acting on the
original application if the Board did not include hours of operation as a condition. The Board stressed the applicant
be actively engaged in operating the Welcome Center as II condition of approval and that it be enforced.
Motion was made by Mr. Schwob, and seconded by Mr. Gans, approving the above request subject to: 1) An
occupational license must be obtained within six (6) months of this public hearing; 2) The signs shall be brought
into compliance with City codes; and 3) In accordance with their lease the site will be actively used as a Welcome
Center. Motion carried unanimously (6-0).
R:
t
"::.",
4.
M&B 11.05, Sec. 19-29-16 (19660 U.S. 19 N)
Veta L. Gillenwater Trust (Kenyon Auto and Boat Sales)
CD 90-35
Request - To permit outdoor retail sales, displays and storage
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendations.
Mr. Jim Baxter ot' Baxter, Rinard & Haas, P.A., 1230 South Myrtle, Ste. 301, represent.'ltive of applicant,
presented a site plan and a picture of the premises as it used to be. He also presented photos showing various
views of the building and premises as they exist today. He stated they had modified the site plan and presented it
to the Board stating: 1) Changes have been made in the configuration of the middle parking area by moving back
the parking area; 2) The access road, which is presently the Kenyon Boat operation, has been changed to the
middle; 3) The driveways have been changed to rearrange traffic flow; 4) A sidewalk has been supplied for use by
residents of Tropic Hills; 5) The green space has been increased to 10,000 sq. ft., the exterior perimeter has been
increased to 7,000 sq. ft, the paved area has been reduced to 9,700 sq. ft., and the building area coverage has been
reduced to 550 sq. ft.; and 6) They are in agreement with the staff recommendations except for the letter of credi t
condition, which they feel is demeaning and insulting to an old established family and a business in operation for
60 years. III answer to a question by the Board, Mr. Baxter stated there would be shrubbery for a buffer and that
a fence runs along the entire length of the property.
No one appeared in support or in opposition.
c_
P & Z MINUTES
3
06/05/90
,.
,
r,~.
Zoned - CG (General Conunercial)
",......,...
t
Discussion ensued by the Boaru with regard to the landscaping and the need for a letter of credit in th~ amount of
$5,000. In general, the Board voiced disagreement with the staff on this condition. Th~ Boud felt it did not have
the authority to set an amount and that it would be difficult to enforce. Mr. Shuford advised thnt the amount was
a reasonable deterrent amount and not a punitive one. He felt it was a valid condition, but did suggest an additional
condition requiring three written notitications from the City before cashing the letter of cre<1it under this condition.
The Board realized the staff was trying to arrive at a tool for the City to use to eliminate prDblelns existing at the
majority of boat yards and used car dealers and this was not directed toward the applicant personally. The Board
concurred they did not want this condition, but rather that a landscape plan be submitted to tbe staff for approval.
Further discussion followed over the angled parking on the North side of the egress and there was some concern
on the use of the driveways. However, Mr. Shuford pointed out the Traffic Engineer had revic\vcd the site and had
no objections.
Motion was made by Mr. Mazur, and seconded by Mr. Schwob, to approve the above request subject to the
following conditions: 1) There shaH be no outside storage of parts; 2) Storage/display shall be on paved areas only,
not in any designated landscaped areas or rights-of-way; 3) No noise generated service, such as engine testing shaH
be performed between the hours of 6:00 p.m. and 7:00 a.m.; 4) Except for the driveways as sh.own and approved
on the site plan, the asphalt and curbing for deleted driveways shall be replaced with landscaping, sidewalks and
new curbing parallel to the adjacent street in accordance with City standards; 5) The applicant shall apply and
obtain approval/certification of an amended site plan; 6) The building permit be procured within time limitations of
the certified site plan; and 7) The applicant shall prepare and have approved by staff a landscape plan designed to
eliminate the ability to display automobiles, boats and similar vehicles within the landscaped area. Motion carried
unanimously (6-0).
5. Part of Lots 5 & 6, Mosell Acres (2186 Drew Street)
Richard W. & Martha 1. Anderson (Anderson Industrial Supply)
CD 90-36
Request - To permit indoor storage! warehousing
,I'
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendations.
Mr. Thomas J. Graham, Graham Design Associates, 3005 Sllite Road 590, representntive of applicant, stated
the owner is proposing to build an adjacent structure attached to the existing building, Wllich is a one-story
warehouse and office building. He presented a site plan showing many mini warehouses along the rear and on the
east side of the site. Mr. Graham stated Mr. Anderson has been in business for 23 years and has operated at this
site for 12 years selling industrial supplies to other businesses in the area and throughout the state. He stated
initially they looked into the need for a variance and found that where they are building, the setback and coverage
requirements have been met. Mr. Graham addressed concerns of the staff stating: 1) They will do more
landscaping along the front, but were not aware of a problem along the East side; 2) There is a small 20' strip
which currently has sod and his client would be willing to add a hedge; 3) There are two nice oak trees in front and
his client would be willing to work with the City on landscaping; 4) There is a fence along the rear of the property
and it has been well maintained; and 5) The dumpster has always been in its current location and he would like to
keep it there as it is easy access for the dump truck. Mr. Graham further stated his client was not aware of any
problem with the dumpster location until now as they have not had any complaints. Mr. Graham stated Mr.
Anderson is asking to expand the present use of the building in conformance with City regulations.
~
11...,
In support, Mr. Richard W. A.nderson, 1442 Blanton Lane, owner of the property, stated l1is business has been
broken into three times and that putting in more shrubbery would be detrimental to the business. He stated there
is not room for more shrubbery near the driveway as there is a 2 ft. gully there, and putting more in the front
would hide anyone trying to break in. He explained that he stores very small, expensive electronic parts in the
warehouse and wants to prevent more thefts. Mr. Anderson stated he plans to install a light over the comer where
the two buildings meet; that the building will have two doors in compliance with the fire standards and that he will
install an automatic light above them. He further stated he had received many compliments horn residents on the
landscaping.
P & Z MINUTES
4
06/05/90
Request - To permit package 5.1les of beer, wine an<lliquor
No one appeared in opposition.
r-.
I
In discussion the majority of the Board felt the dumpster snould remain in its present location for easy access by
the dump truck. It was also noted that no one had appeared in opposition to the dumpster location. The Board
thought quite a number of trees had been requested in the landscaping condition Rnd asked Mr. Shuford to address
the landscaping requirements. Mr. Shuford stated that in the near future the staff would be proposing new
landscaping standards which would focus on the street frontage of the property. He stated this was a comment the
staff would like to start making in Conditional Use permits as the street frontage area makes the most impact and
the current regulations are not substantive enough in that regard.
Motion was made by Mr. Schwob, and seconded by Mr. HanliIton, approving the above request subject to the
following conditions: 1) The applicant shall submit a landscape plan for approval by staff in accordance with the
City's Land Development Code; 2) The continued maintenance of the fence on the north side of the property shall
be required; and 3) The requisite building permit being obtained within six (6) months of this public hearing.
Motion carried unanimously (6-0).
6. Lots 1-20, Blk. 5, Revised Plat of Brookwood Terrace
(1315 Cleveland Street) Michael E. Lewis, lrustee (Brasfield Properties, Inc.)
CU 90-37
Request - To permit indoor storage/warehousing (mini-storage)
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and subnulted, in writing, the staff recommendations. He also
presented a letter from Curtis DeYoung requesting a continuance until July 3, 1990.
Applicant was no~ present.
i: '
f
~".
No one appeared in support or opposition.
Discussion by Board indicated there was not a problem wi th approving this request for continuance since this was
the first time before the Board and tbe applicant had contacted the staff in an attempt to work out any conflicts.
Motion was made by Mr. Hamilton, and seconded by Mr. Schwob, to continue the above request until July 3, 1990.
Motion carried unanimously (6-0).
7 . Lot 1, Raddison Bayside Hotel (1201 Gulf Blvd.)
Anthony A. Petrarca (Sand Key Package Liquors) .
CU 90-38
Zoned - B (Busine.ss District) (Per 2/4/87 settlemellt stipulatioll U.S. Steel vs City)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendations. He also stated
they had received two letters in opposition, one signed by Mary Lcuise GaUot 1301 Gulf Blvd., Apt. 106, and one
signed by Francis J. Smitht Jr. and Violet M.Smith, 1301 Gulf Blvd., Apt. 201.
\~
"..ui
Ms. Margot Pequignot, 400 Cleveland Street, representative of Alfred Deratany, applicant, advised she was
standing in for Harry Cline who could not be at the meeting. She said they were seeking a Conditional Use to
authorize the sale of off-premises alcoholic beverages at the Shops of Sand Key. Ms. Pequignot presented a letter
received in support from Pick Kwik Food Stores, Inc. stating they bad no objection to the package liquor store. She
further stated: 1) They meet all the standards and criteria for the Conditional Use; 2) They will occupy only 900
sq. ft.; 3) Their plans are for a package store only, including Ute sale of beer, wine and liquor, and they have no
plans for on-premises seIVice of liquor; 4) There will be no adverse impact on this area as it is already a shopping
P & Z MINUTES
5
06/05/90
/
center; 5) There 'Will be n() additional noise or light; 6) There is sufficient egress and ingress; 7) The parking meets
City requirements; ~nd 8) it is consistent with the land use requirements. Ms. Pequignot slated Mr. Deratany ran
a similar establishtTl.ent in Michigan for 35 years and also had Bel Air Produce in Bel Air Bluffs where he sold beer
and wine, and has DO citations against him. She stated Mr Deratany feels the stafrs conditions are fine and asks
for approval.
No one appeared ill. supp<>rt or opposition.
Discussion ensued by the Board on distance requirements. Mr. Shuford advised the City Development Code
regulates distance l>-etween package stores and that is why a variance must be obtained from t:l1e City Commission.
Ms. Nixon was concerned about the lack of people in opposition to this request. She stated the reason might be tbat
an earlier discussion regarding alcohol at the Shops at Sand Key implied they would only allow one package store
tbere. She further stated she was firmly against putting another liquor store in the complex. The remaining Board
Members concurred this was not in conflict with Pick Kwik, the difference being that liquor VJould be sold as well
as beer and wine.
Motion was made by Mr. Schwob, and seconded by Mr. Gans, approving the above request subject to the following
conditions: 1) Tnea.pplicant must obtain approval by the City Commission for a variance to the minilllllm diswnce
separation requiretnent of 200 ft. to allow alcoholic beverage sales zero (0) ft. from a similarly licensed
establishment; 2) The applicant shall obtain requisite building permit within six (6) months of this public hearing;
3) The hours of operation shall be restricted to the hours requested in the application; 10:00 a.m. to 9:00 p.m.
Monday through SlI.turday, closed Sundays; 4) The applicant shall obtain an occupational license within six (6)
months of this public hearing; and 5) There shall be no deliveries between the hours of 10:00 p.m. and 6:00 a.m.
any day of the week M otioll carried 5-1, with Ms. Nixon voting "nay" as she felt there should not be anotner
liquor store in this shopping center.
C. Annexation. Z()ninJ:. Land Use Phm Amendment.. L~lRd Develonmel1t Code Text Anlendment. and Lo~1
Plannini! A~Ency Review:
i
l'
1.
Lot 8, Blk. 2, Ackers Sub/Located on the southeast side of S. R. 580 opposi te Countryside High
School, approx. 1200 ft. northeast of Charles Street Doerner
A 90-06, LVP 90-07
"-.,
Request - Annexation and Zoning, OL (Limited Office)
LAN!) USE PLAN:
FROrvl: Unclassified
TO: Residential/Office
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
The applicant was n<J1 present.
N' 0 one appeared in support or opposition.
J>..
'Ii,
~f'''''~1
Discussion by the B<Janl ensued over why the applicant was not present as it bas always been the Board's policy
everyone must make an appearance except for single family residences. Ms. Nixon stated Dr. Doerner told the City
Commission he had to have this amendment in order to have sewer and he was blatantly not meeting any of the City
requirements since he was developing within the County. Mr. Shuford explained that the Board would basically be
annexing him as ifbe 'Was in non-conforming use. He swted the Board should regard the project as huilt and it
would not be subject to City regulations unless the permit lapses. Mr. Shuford further advised that it the Board did
not hear this request, lbe City Commission would have to continue it at their next meeting. He stated the City
Commission's policy has recently been restated: no annex.ations for vacant properties unless they are built to City
standards. Mr. Shuf<lrd also stated the staff had followed up on that by sending to the County an explicit one-page
form stating what is Ileeded to get Ci ty sewer; and if annexation will be requested do not build to County standards
and expect to get a sewer letter from the City. He stated approximately 300 sewer letters were issued in the last
five years and 25 of them have been from commercial developments which did not meet the City Code. Mr.
Shuford stated this is one of those things that happen when a community wants an aggressive annexation program
P & Z MINUTES
6
06/05/90
'. . : ,. ~.' t. '1 ..,:. . . I .' , .'. .. ' . .' . ~ I,.,. '. . . .
Motion was made by Mr. Schwob, and seconded by Mr. Gans, to deny the above request, since the proposed site
plan does not conform to City Development Code requirements in the following areas: parking, front yard open
space, rear setback and it ex.ceeds the permitted floor area ratio. Motion carried unanimously (6-0).
~,
f;;'
~
and at the same time has better Land Development regulations than the local governments where the properties are
, located. The City Commission is basically saying no more of these requests, and in the future they will most likely
have very explicit development agreements attached to them. The City would then be able to negotiate some trade
offs. The Board indicated that it wanted to use this request as an example.
2. Lot 7, Terra Alto Estates, Located at 1457 Otten Street Lobil Building Co., Inc.
A 90-7, LUP 90-8
Request - Annexation and Zoning, RS-8 (Single Family Residential)
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
The only discussion by Board was to question whether they needed to include the open space recreation fee
requirement in the motion. It was determined this was not needed as it is paid anyway.
Motion was made by Mr. Mazur, and seconded by Mr. Gans, to approve the above request. Motion carried
unanimously (6-0).
3. Lot 8, B1k. F, Unit 1, Oak Acres Add. Located at 1192 Norwood Ave. Bachman
A 90-8, LUP 90-9
Request - Annexation and Zoning, RS-8 Single Family Residential)
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
There was no discussion by the Board.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell, to approve the above request. Motion carried
unanimously (6-0).
D. Chairman I s Items
Ms. Nixon brought up tile confusion with Sharkey's making another application while in the midst of their trial
period. She requested the Board set a policy to prevent this from happening again. The Board concurred and made
the policy statement that applicants must complete their trial period before bringing any other applications to them.
E. Director's Items - None
F. Board & Staff Comments
e
~'it.~:".
Mr. Schwob stated in the interest of efficiency, the Board did not need to have Article 137.011(d) typed on staff
recommendations. He stated they have their books and can easily refer to it. The Board concurred to have this
'deleted from further staff recommendations. Mr. Hamilton stated that the cold beer legislation had gone before
P & Z MINUTES
7
06/05/90
.' .'.' " '. ". , ..,.,'. 1 .' . " . .'.. . .
, ,
-'., '\.
fl-~.
.'
(.....\
."
the Regulated Industries COIl1D1ittee. He urged the board members to bring this to the attention of residents in the
community. He stated Doc Meyers is the Committee Chairman. Mr. Gans brought up the parking memo with
regard to alcoholic beverage establishments and thought it was to be discussed at this meeting. Mr. Shuford advised
that the staff wanted the Board to review it and they would come back to the Board with an ordinance amendment
addressing the issues. Mr. Shuford stated the June 19 meeting would be fairly short and perhaps this could be
accomplished at that meeting. Mr. Hamilton advised he would not attend the July 17, meeting, and Mr. Ferrell
advised he would not attend the June 19 meeting. Mr. Schwobe stated Munchies is in full operation at Northwood
Plaza and still has not come before this Board. It was also brought out that Britts is in a new location and is giving
away free beer until they apply for a Conditional Use permit. It was stated they obtained a building permit and
occupational license through DeAD and that DCAB had granted a variance of two parking spaces to allow them to
go in there. Mr. Schwob mentioned the Sandpiper across from Cleveland Plaza has a new name on it. Ms. Nixon
asked that Lokey and Stone Buick both be checked on by staff. In response to when staff recommendations should
be received, Mr. Shuford stated they try to get them to the Board members the weekend prior to the meeting.
Meeting adjourned at 4:30 p. nl.
r",
J
y~~
!
j
,I
I
I
,!'
\y~
t"
, ,
. ,'~;J
';)'
P & Z MINUTES
8
06/05/90