06/19/1990 (2)
ACT 1 ON
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY. JUNE 19 - 1:30 PM
1,{ 1":; (.,: E i \i~'i~QtL
PLEDGE OF ALLEGIANCE
INVOCATION
JUN ?wo 1990
ITEM
ACTION
A. 1. Approval of minutes of May 15 and June 5, 1990
CITY CLEHJ(
May 15. 1990 approved. June 5, 1990 to
be considered at the July 3, 1990
meeting.
CONDITIONAL USES. ANNEXATION. ZONING, LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TE"-'T AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL 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 backgroiind information are presented. . 5 minutes mnximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The appliclUlt 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 minutcs maximum for each individual: or
spokesperson for group - 10 minutes maximum.
8, Persons supporting the application (other than applicant) may spellk in rebuttal - 3 minutcs
maximum.
9. Persons opposing may speak in rebuttal - 3 minutcs maximum.
10. The applicant has an opportunity for final rebuttal w 5 minutes maximum.
11. Public Hearings are 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 HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
\.
A. 2.
(REQUEST FOR E~'TENSION)
Lot 16. Grove Circle Subdivision (1706
North Highlnnd Avenue)
Jeffrey N. South, Louis F. Aguiar and
Jules Bishara (Summer Place)
CU 89-86
Approved six-month extension
Request - Level I Group Care Facility
with 10 cared-for residents
Zoned - RS-8 (Singh~ Family
Residential)
'-..."
REVISED 6/27/90
P & Z ACTION AGENDA
6/19/90
B.
Conditional Uses:
1. Part of Lots 13 and 24 and nil
of Lots 9-12 and Lots 25-26,
Blk. S, Hibiscus Gardens
(1266 Turner Street)
John W. Woerner and E. Mayo Clark
CU 90-39
Request - LevclllJ Group Care (20-bed
facility)
Zoned - OL (Limited Office)
2.
Lots 1-4. Lots 8-10 and Lots 45.52, Blk.
C, Belmont 2nd Addn. (845 Woodlnwn St.)
Woodlawn Church of God
CU 90-40
Request - To permit non-conuucrcial
parking
Zoned - P/SP (Public/Semi-Public) and
RM-8 (Multiple Family
Residential
3.
M&B 14.052, Sec. 17-29-16
(2950 Gulf to Bay Blvd.)
Gertrude A. Nall and Laura N. Connolly
(The Golden Dream)
cU 90-41
Request - On-premise consumption of
beer, wine and liquor
Zoned - CG (Gencrnl Commcrcial)
REV1SED 6/27/90
p & Z ACTION AGENDA
Approved subject to the followiJiR conditions:
a) The me shull be properly licensed by the
Department of Health and Rehabilitative
Services: .
b) The use shall not contain more thnn 20
beds;
c) A landscaping phm shull be submitled for
review and approval by the Planning und
Development Dilpllrtmcnt, Division of
Environmental Management and Traffic
Engineer;
d) The approved landscape plan shull be fully
implemented within one (1) year of the date of
this public hyearing;
e) The requisite building pcnnit shaH be
obtained wiUlin six (6) months of the date of
this public hearing;
o The requisite occupation:llliccnse being
obtained within one (1) year from the date of
this public hearing; and
g) A l'uriance to the adult congregate living
facility distance separation shall be obtained
from the Development Code Adjusbnent
Board.
Continued until 7/3/90
Approved subject to the following conditions:
a) The hours of operulion shall be restricted to
11 :00 n.m. to 10:00 p.m.;
b) AU signs shun be brought into conformance
with City sign regulations on or before October
13, 1992; and
c) The requisite occupationallicen'ie being
obtained within six (6) months of the date of
this public hCllring.
2
6/19/90
C, Annexlltion. Zonin!!. Land Use P1nn
Amendment. Lane Develoomenf Code
,.....--- . Text Amcndment. and Locnl P1nnni"!!
Al.!cncv Review:
1. Lot 17, B1k. C, Meadow Creek, Approved
Located at 1239 Keene Road S.
DiFrancescolMill ett
A 90-9, LUP 90-11
Request - Annexation and Zoning,
RS-4 (Single Family
Residential)
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential -:-
2. Lot 1, Blk. A, Eastwood Terrace, Approved
Located at SW comer of Drew St. and
Maywood Ave.
First Christian Church
Z 90-3, LUP 90-10
Request - Land Use Plan & Zoning
Amendments
ZONING ATLAS:
..' FROM: Unclassified
TO: RS-6 (Single-Family
Residential)
LAND USE PLAN:
FROM: Unclassified
TO: Low D~nsily Residential ,.
D. Chairman's Items
E. Director's Items
"F. Board & Staff Comm~nts
REVtSED 6/27/90
P & Z ACTION AGENDA
3
6/19/90
\-'
, , .. .
, 'r", ."~.' , " , . , ." ~ " . I '. . I.
PLEDGE OF ALLEGIANCE
(-.,. INVOCATION
ITEM
ACTION
. ,. ,- .
" .. - ,
! ':'
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, JUNE 19 - 1:30 PM
A. Approval of minutes of May 15 and June 5, 1990
CONDITIONAL USES. ANNEXATION. ZONrnG. LAND USE PLAN AMEND:MENTS. LAND
DEVELOPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
,ii" . .
~'
~",.;
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 1113ximum.
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
sp<<)kesperson for group - 10 minutes mlUimum.
8. Persons sl1pporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebuttal - 3 minutes mluimum.
10. The applicant has an opportunity for final rebuttal - 5 minutes n13ximum.
11. Public Hearings are closed.
12. Discussi()n 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. Conditi()nal Uses:
1. Part of J~ts 13 and 24 and all
of Lots 9-12 and J....ots 25-26,
Blk S, Hibiscus Gardens
(1266 Turner Street)
John W. Woerner and E. Mayo Clark
CU 90-39
Request - Level III Group Care (20-bed
facility)
Zoned - OL (Limited Office)
2. Lots 1-4. Lots 8-10 and Lots 45-52, BIk.
C, Belmont 2nd Addn. (845 Woodlawn St.)
Woodlawn Church of God
CU 90-40
.1
'-.
Request - To permit nOll-commercial
parking
Zoned - P/SP (Public/Semi-Public) and
RM.8 (Multiple Family
Residential
i'
P & Z AGENDA
6/19/90
h ','
,'. ',',', '
>:.\
./-;: '
3. M&B 14.052, Sec. 17-29-16
(2950 Gulf to Bay Blvd.)
Gertrude A. NaIl and Laura N. Connolly
(The Golden Dream)
CD 90-41
c'
Request - On-premise consumption of
beer, wine and liquor
Zoned - CG (General Commercial)
C. Annexation. Zonina. Land Use Plan
Amendment. Lane Development Code
Text Amendment. and Local Planninll
A~encv Review;
1. Lot 17, BIk. C, Meadow Creek,
Located at 1239 Keene Road S.
DiFrancesco/Millett
A 90-9, LVP 90-11
Request - Annex.ation and Zoning,
RS-4 (Single Family
Residential)
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
C"~'..;".
. t.,""
". 'j
.{-'
2.
Lot 1, Blk. A, Eastwood Terrace,
Located at SW comer of Drew St. and
Maywood Ave.
First Cluistian Church
Z 90-3, LVP 90-10
Request - Land Use Plan & Zoning
Amendments
ZONING ATLAS:
FROM: Unclassified
TO: RS-6 (Single-Family
Residential)
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
j
D.
Chairman's Items
E.
Director's Items
F.
Board & Staff Comments
L>
I
I
P & Z AGENDA
2
6/19/90
MINUTES
PLANNING & ZONING BOARD
TUESDAY, JUNE 19, 1990
Members Present:
Chairman Johnson, Ms. Nixon, and Messrs. Mazur,Schwob, Hamilton and Gans
r'"
'l,
Members Excused:
Mr. Ferrell
Also Present:
Scott Shuford, Planning Manager
A.
1.
Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to approve the minutes of the
May 15, 1990 meeting as corrected. Motion carried unanimously (6-0).
Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a
decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which
to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board
to have a record of the proceedings to support the appeal.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
A.
2.
CONTINUED FROM MAY 15, 1990
(REQUEST FOR EXTENSION)
Lot 16, Grove Circle Subdivision (1706 North Highland Avenue)Jeffrey N. South, Louis F. Aguiar
and Jules Bishara (Summer Place)
CU 89-86
("".
io,.' "
.-,
Request -
Zoned -
Level r Group Care Facility with 10 cared-for residents
RS-8 (Single Family Residential)
(~"
Mr. Shuford brought the above request to the attention of the Board and apologized for not having it listed on the
agenda. Mr. Shuford presented the background of the case stating it had been continued to give the applicant the
opportunity to come before the Board to express their reasons for the request. He stated Mr. Bishara had been
contacted and would be present.
Mr. Jules Bishara, 2062 St. Sebastian Way N., applicant, stated they have not been able to secure bank fmancing
and that is why they have requested an extension. Mr. Bishara slated the bank wanted to give them a lot less than
they had asked for and they are now trying to find a different source of financing. Mr. Bishara requested an
extension of six months to one year.
No persons appeared in support or opposition of the above request.
Discussion by the Board centered on the length of extension to grant, whether six months, eight months or one year.
In response to an inquiry from the Board, Mr. Shuford stated other group homes might want to locate in this area
and he recommended a six-month .extension to not create problems for other possible group home uses. Mr.
Hamilton stated that since this is an existing group care use, this would not be a problem for other uses.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request for a six-month
extension. Motion carried unanimously (6-0).
,I"
\. -, ,
~~.,
P & Z MINUTES
1
06/19/90
Request -To permit non-cornmercial parking
Zoned -P/SP (?ublic/Serni-Public) and RM-8 (Multiple Family Residential
, .
B. Conditional Uses:
1.
Part of Lots 13 and 24 and all of Lots 9-12 and L<lts 25-26, Blk. 8, Hibiscus Gardens
(1266 Turner Street)
John W. Woerner and E. Mayo Clark
CU 90-39
("'" .
Request -Level III Group Care (20-bed facility)
Zoned - OL (Limited Office)
Mr. Shuford gave the background of the CClse and submitted, in writing, the staff recommendation.
Mr. John J. Piazza, 3151 Third Ave. N., Suite 315, St. Petersburg, FL 33713, representative of applicant,
stated the owners along with a local physician and psychologist are developing this project as a residential treatment
facility. He further stated: 1) It would be compatible with the area; 2) It would be limited to 20 beds; 3) It would
provide a is-day treatment program primarily for alcohol and substance abuse, phobias and depression; and 4) It
would employ a maximum staff of 10 or 12 employees. He stated the home would not be licensed as an ACLF
and asked the staff if the distance requirements had to be met. Mr. Shuford replied this type of group home is
required to meet the separation distance. Mr. Piazza stated they would be licensed by the Department of Health and
Rehabilitative Services under the Alcohol and Substance Abuse Division. Mr. Shuford advised this was all right
as long as they were properly licensed by HRS and met the staff's conditions. Mr. Piazza stated the opening is
scheduled for February 1991, provided they comply with everything by then. He said they have spoken with HRS
and have no problems as far as the operation or physical plant, but this would be dependent \lpon approval by the
Fire Department; and they have employed an architect, an appraiser, and are seeking fmancing. In response to a
question from the Board, Mr. Piazza stated there would be out-patient treatment as part ofthe program.
No persons appeared in support or in opposition of the above request.
(
~.
'~.; -
In discussion, Mr. Gans suggested changing the stafr s condition with regard to licensing to simply stating the home
should be properly licensed by the Department of Health and Rehabilitative Services.
(,
,-",
Motion was made by Mr. Schwob, and seconded by Mr. Gans, to approve the above request subject to the
following conditions: 1) The use shall be properly licensed by the Department of Health and Rehabilitative SeNices;
2) The use shall not contain more than 20 beds; 3) A landscaping plan shall be submitted for review and approval
by the Planning and Development Department, Division of Environmental Management and Traffic Engineer; 4)
The approved landscape plan shall be fully implemented within one (I) year of the date of this public hearing; 5)
The requisite building pennit shall be obtained within six (6) months of the date of this public hearing; 6) The
requisite occupational license being obtained within ()ne (1) year from the date of this public hearing; and 7) A
variance to the adult congregate living facility distance separation shall be obtained from the Development Code
Adjustment Board. Motion carried unanimously (6-0).
2. Lots 1-4, Lots 8-]0 and Lots 45-52, Blk. C, Belmont 2nd Addn. (845 Woodlawn St.)
Woodlawn Church of God
CU 90AO
Mr. Shuford presented a letter from Randal W. Morris, Pastor of Woodlawn Church of God, requesting a
continuance of this request due to technical difficulties with their application.
The applicant was not present.
No persons appeared in support or in opposition of the above request.
...
~~-,
Motion was Il1.3de by Mr. Schwob, and seconded by Ms. Nixon, to continue the above request to the July 3, 1900
Board meeting. Motion carried unanimously (6-0).
P & Z MINUTES
2
06/19/90
F""',
t '
.,
Request -On-premise consumption of beer, wine and liquor
Zoned - CO (General Commercial)
3.
M&B 14.052, Sec. 17-29-16 (2950 Gulf to Bay Blvd.)
Gertrude A. NaIl and Lallra N. Connolly (The Golden Dream)
CU 90-41
Mr. Shuford gave the background of the case and submitted, in writing, the staff re<:ornrnendation.
Mr. John S. Vasiliadis, 12334 92nd Street N., Largo, FL, applicant, stated he previously owned three other
restaurants in the Clearwater-Largo area and had no trouble with them. In response to inquiries from the Board,
Mr. Vasiliadis stated he and his parents would operate a fine dining restaurant and t:l1ere would be no entertainment.
They would seat approximately 180 in the restaurant and 20 in a small lounge. When questioned about the hours
of operation, Mr. Vasiliadis stated they would stop serving and close the doors at 10:00 p.m. and all customers
should be out by 10:30 or 11:00 p.m. He further stated they would not be interested in serving breakfast as the
earliest they would open would be 11:00 a.m.
No persons appeared in support or in opposition of the fe<},Uest.
Motion was made by Mr. Schwab, and seconded by Mr. Mazur, to approve the above request subject to the
following conditions: 1) The hours of operation shall be restricted to 11:00 a.m. to 10:00 p.m.; 2) All signs shall
be brought into conformance with City sign regulations on or before October 13, 1992; and 3) The requisite
occupational license being obtained within six (6) months of the date of this public hearing. Motion carried
unanimously (6-0).
C. Annexation. Zoninu:. Land Use Plan Amendment. Lane Development Code Text Amendment. and
Local Planninl! A~ency Review:
4' ,
~i',
. ~.,
1.
Lot 17, Blk. C, Meadow Creek, Located at ]239 Keene Road S.
DiFrancesco/Millett
A 90-9, LUP 90-11
Request -Annexation and Zoning, RS-4 (Single Family Residential)
"
,~
l',
''l..,;,,," '
LAND USE PLAN:
FR01\1: Unclassified
TO: Low Density Residential
Mr. Shuford presented the background of the case and subl1litted, in writing, the staff recommendation.
The property owner was not present.
No one appeared in support or in opposition of the above request.
In discussion the Board asked Mr. Shuford whether this would be considered spot annexation and what might be
done to contact property owners in order to do a large scale annexation. Mr. Shuford stated t:l1at Florida Statutes
preclude annexation except by request of the applicant. He further advised that in late summer or early fall the City
would start an aggressive widespread information campaign explaining why it would be better to become part of
the City, and at the same time would look at pushing through legislation to allow stnall enclaves within the City to
be annexed without property owner approval. He stated the City had attempted to make some legislative changes
in the past, but there had been opposition from Pinellas County. Mr. Gans suggested putting together a package
deal to make annexation attractive. Ms. Nixon suggested waiving the initial fee and listing all the benefits of being
a resident of the City in public hearing notice mailings associated with annexation requests.
d ,.':
~;J
Motion was made by Mr.Schwob, and seconded by Mr. Gans, to recommend approval of the above request.
Motion carried unanimously (6-0).
P & Z MINUTES
3
06/19/90
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
\,
2.
Lot 1, Blk. A, Eastwood Terrace, Located at SW comer of Drew St. and
Maywood Ave., First Christian Church
Z 90-3, LUP 90-10
('-'"
"
Request - Land Use Plan & Zoning Amendments
ZONING ATLAS:
FROM: Unclassified
TO: RS-6 (Single-Family Residential)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
The applicant was not present.
No persons appeared in support or in opposition of the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Gans, to approve the above request. Motion carried
unanimously (6-0).
D. Chairman's Items
(';.,
~!..~
(~
Chairman Johnson commented on the fact that Mr. Piazza had abstained from raising his right hand when being
sworn in and stated that he felt everyone should raise his/her right hand when being sworn in to testify before the
Board. The Board Members concurred that it showed respect, but did not know how it could be mandated.
Chairman Johnson stated tbe Board would like more cooperation from the City Attorney and would like to have him
available during the Board meetings. This did not mean the City Attorney had to be in constant attendance, but that
he should be in his office and available as needed during meetings. The Board further discussed their grievances
concerning the City Attorney, City Commission and the Planning Department and concurred the proper procedure
for addressing these concerns would be to request a private meeting with Mr. Polatty to discuss how they may be
resolved. The Board agreed this should be done at the next meeting. Mr. Gans stated he would like to see a
representative of the Board attend the City Commission work session so they would have first hand input into the
Comnlission. He was particularly concerned about the City Commission approving Dr. Doerner's annexation
request when the Board had reconunended denial. Mr. Sh.uford stated he had verbally advised Mr. Polatty of the
Board's decision on Dr. Doerner's annexation request and had prepared a sheet for the City Commission as well.
He also reiterated the existing City Commission policy toward annexations.
E. Director's Items
Mr. Shuford acknowledged the Board's criticisms and stated the staff would make every effort in the future to fully
meet the Board's requests in a timely manner. Mr. Shuford asked the Board when they would like to address the
Alcoholic Beverage Establishments changes to Land Development Code Amendments. He stated th.e staff would
like comments from the Board and then come back to tbem with a proposed draft ordinance and go over each item.
The Board stated they wanted a set policy on distance requirements and wanted to review changes in ownership.
The Board concurred they would prefer to discuss the suggested changes before the staff drafted an amendment and
agreed to go over this at the July 3, 1990 meeting.
r1 .. '.
~i..~;1
P & Z MINUTES
4
06/19/90
.' """ .'. ' , " t ' '.'.
:.i;," .
.~;~
. '~\'(
, ,i~
F.
Board & Staff Comments
r"'"
II.
Mr. Schwab stated he had seen Seville Il1entioned in an announceIl1ent in the paper indicating cases coming up
before the Commission. He thought it mentioned there would be a zoning matter handled by the Commission at tile
June 21 meeting and he knew the Board had not reviewed it. Mr. Shuford said he would check on this and give
Board members a call. Ms. Nixon asked about Lokey Motors and Mr. Shuford said he would check on them before
the next Board meeting. Mr. Shuford reported that Britts is giving away wine and beer. He stated they were
approved for the parking variance and another use was administratively approved for conversion of two motel units
to retail, which is a permitted use and they had met those parking requirements. Mr. Shuford explained a
Conditional Use is not required for a conversion and it was not necessary for them to come before the Board. He
stated last week DCAB denied a parking variance that would have allowed the last motel room on the ground floor
to be converted to an ice cream store. The Board requested the staff to research prior parking decisions for use
conversions, specifically, is it a City policy or requirement to require complete upgrades of parking lots when use
conversions occur?
i-
( . ~~
James M. latty, Jr_, AICP, DirectO
Planning and Development Department
(.
...it....'-.
(
t
~!"
P & Z MINUTES
'S
06/19/90