07/16/1991 (2)
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ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, JULY 16, 1991 . 1:30 PM
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PLEDGE OF ALLEGIANCE
INVOCA nON
ITEM
A. APPROVAL OF MINUTES
1. July2,1991
RECEIVED
.I U l 1 9 1991
CiTY CLERK
ACTION
APPROVED
CONDITIONAL USES. ANNEXATION. ZONING. LAND USE PlAN AMENDMENTS. 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.
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 mil\utes 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 lather than applicant) may speak In rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebuttal. 3 minutes maximum.
10. The applicant has an opportunity for final rebuttal - 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 HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B.
REQUJ::STS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
(Continued from 6/1 8/91) M&B 1 1.05. 1 1.06
and 11.061, Sec. 19-29-16 (19666 US 19 Nf
Veta Louise Gfllenwaters, Pamela Lee Colvin,
Pauletta Lucille Rogers, Terri Lynn Presnell,
Trustees, (Kenyon Power Boatsl, CU 91-48
Continued to 8/13/91
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1.
2.
Request - To permit outdoor retail sales, displays
and lor storage
Zoned - CH (HighwaV Commercial I
(Continued from 7/2/9 ~~d part of Lots 8
and 9, Blackburn's Sub. 12 0 U.S. 19 N.I,
George D. and Denise l.Baker, Rally Stores, Inc.
f/k/a Pace Petroleum Corporation, Daniel and
Barbara M. Palomino, Ferrellgas. lnc, f/k/a The
Buckeye Gas Product Co., L.P. and Whiteco
Industries, Inc" IMountasia Familv GallI
CU 91-52
Approved subject to the following conditions: 1)
1) A buffer shaH be installed according to sito
plan submitted to the Planning and Board on July
16, 1991; and landscaping in accordance with
City code and approved by the Environmental
Management group shall be installed on the north
side of the wall and in the area in which no wall
is provided; 21 All lighting sources shall be
located no closer than 50 feet from all adjacent
residential properties, shall have fess than 90
degree cutoH light source, shall be directed away
from the residential areas, and sh.."lll have a
height no greater than 25 feet; 3) The hours of
operation for the kiddie cars and go carts shall be
from 9:00 am. to 10:00 pm., however, if the
applicant can demonstrate to the City Planning
Request. To permit outdoor commercial
rccrcatlon/entertainrnent by expansion of existing
facilitY to include bumper boats, kiddie cars and a
baiting cage.
ZOlled - CH (Highway Commercial)
P & Z ACTION AGENDA
07/16/91
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3.
Continued from 7/2/911 Part of Lois 7, a, and 9,
City Park Sub., 156 Causeway Boulevard), City oJ
Clearwater (Keramlsta, lnc./Beach Diner}
CU 91-53
Request - To permit on-premise consumption of
beer and wine.
Zoned - CB IBeach Commercial)
C. CONDITIONAL USES:
1.
Lots 2-4, 24, 25, and part of Lot 1, Blk. B,
Bayside Sub 115 1630 GuUview Blvd. 5) Elias &
Helen Anastasopoulos (Jo-Go Amusement
Center), CU 91-54
Request - To permit change of condition of
previous approval for outdoor commercial
recreation/entertainment to extend lights off to
1 :00 a.m. rather than 11 :30 p,m.
Zoned - CB (Beach Commercfal'
Lots 14-17 and that part of Lots 12 & 13 lying
southeast of Railroad right-of.way (520 0 Street,
BeUea[fl Geofge L. Mallory, CU 91.55
2.
Request - To permit noncommercial parking
Zoned. IL lLimited Industrial)
P & Z ACTION AGENDA
Department that tho sound level generated by
normal operation of the go cart track docs not
exceed 55 DBA, as measured at tho nearest
point on the west side of Lawson Avenuc, then
the applicant may operate the kiddie cars and go
carts until 12:00 midnight; 4) MuUlers shall be
installed and maintained on thC go carts to
reduce the noise emanating from this source and
in no case shall the overall noise violate Chapter
96, Noise, Code of Ordinances for the City of
Clearwater; 51 Tho applicant shall obtain City
Commission approval for the associated
annexation, rezoning and land use plan
amendment for the subject property; and 61
Permitth.:J schedules for the project shall be
governed by the schedule established ror the
associated site plan; thIs site plan shall be
certified within six (61 months from the date of
this public hearing.
Approved subject to the following condillons: 1)
Tho applicant shall obtain tho requisIte
occupational license within she (5) months horn
the date of this public he~rinlJ; 21 Alcoholic
beverage sales shall be limited to consumption
on premises only, with no package sales; 31 TIIO
applicant shall obtain a variance for eight rBI
parking spaces from the Development Code
Adjustment Board; 41 The applicant shall obtain
the requisite alcoholic beverage separation
distance variance from the City Commission; and
51 The applicant shall continue to observe the
City or Clearwater sign regulations.
Approved subject to the following condition: 1)
That the major golf course lights be turned off at
1 :00 a.m.
Approved subject to the fOllowing conditions: 1)
The plan shall be modified to show handicapped
parking spaces if deemed necessary by the
Traffic Engineer; 21 The parking lot must be
landscaped to meet the current landscape code
and approved by Pllbllc WorkslEnvironmcntal
Management; 3) The stormwater retention basin
shall be approved by the City Engineer; 4) A
Unity of Title shall be recorded unifying tho
subject property to Parallex Inc. site and the
Coburn Optical Industries Inc. site; 51 The oflice
VS. warehouse ratios ror the sites to be served
by the noncommercial parking shall be listed and
shown on the plan. If any conversion or
warehouse to office space takes place, an
amendment to the Certiricd Site Plan shall be
made; and 6) The parking facility shall be used
ror pefsonal vehicles only.
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07/16/91
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3.
M&B 13.02, Sec. 1-29-15 (1915 N Hercules
Ave) Markos & Marla Poniros (Robert Pallal
Boomerang's Cafe), CU 91-56
Request. To permit on-premise consumption of
beer, wine and liquor
Zoned - eN (Neighborhood Commercf311
4.
lots 1 and 2, Clwr. Tower 133 N Garden Ave,
# 140) MAS ONE LTD. Partnership 1500 Club
Corp/Dert on the Parkl, CU 91-57
Request. To permit on'premiso consumpllon of
beer and wine
Zoned - UC/C (Urban Center Core)
D. ANNEXATION, ZONING, LAND USE PlAN
AMENDMENT, LAND DEVElOPMENT CODE
TEXT AMENDMENT, AND LOCAL PlANNING
AGENCY REVIEW:
1.
Part of Lots a & El, Blackburn Sub, located on the
west side of US 19 N, about 1,500 ft. north of
Sunset Point Rd. (George O. and Denise L Baker,
Rallv Stores, Inc., flk/a Pace Petroleum Corp.,
Daniel and Barbara M. Palomino, and Ferrellgas,
Inc. flk/a The Buckeye Gas Product Co., L.P.)
A 9H)2, LUP 91-02
Request. Annexation, Land Use Plan and Zoning
designations
LAND USE PLAN:
From: Unclassified
To: Commerclal!Tourist Facilities
2.
ZONING:
CH (Highway Commerclall
An ordinance relating to the Land Development
Code; creating a new division 23A within
Chapter 135, Code of Ordinances, to establish a
new Research, Development and Office Park
Distdct; establishing district size requirements,
permitted and conditional uses, use llmitations,
and dimensional and numerical development
requirements: amending Section 136.025, Code
of Ordinances, to establish supplementarv
standards for the approval of business servIces,
hotels/motels, manufacturing uses, marina
facilities, personal services. resideutial shellers,
and restaurants as conditional uses in the
Rosearch, Development and Olliee Park District,
P & Z ACTION AGENDA
Approved subject to tho following condillons: 1 J
The applicant shall be restricted to an-premlsc
salc of alcoholic beverages, wilh no packago
sales; 2) The applicant shall maintain tho existing
kitchen facl1\t\C5 and providc food service to
within onc (1) hour of closing; and 3) Tho
requisite occupational license must be obtained
within six (61 months of this public hearing.
Approved subject to the following conditions: 11
The safes of alcoholic beverages shall be
restricted to consumption on premises with no
package salcs; 2) The requisite occupational
license shall be obtained wiLhin six 161 months
from tho date of this public hearing; 31 Tho
applicant shall obtain approval from tho City
Commission for a %oro ft. variance to the 200 ft.
soparation distance from others 2oCOP
(Cleveland St.Cafe, Manos P\acc, and Flrenze
nlstorante) premises consumption sales
establishments if deemed necessary by the
Planning & Development staff; 4) The sale of
beer and wine for on premises consumption shall
be allowed untn 11:00 p.m. seven nights a
week; 5) If deemed necessary bV the Director of
Parks and Recreation, the applicant shall provide
a fencelgate andlor signage on the property
contiguous to the City property to prevent
alcoholic beverages being taken outside to tho
City property; and 61 Tho site plan shall be
amended to show the location of the fence
should this fence be deemed necessary.
Approved
Continued to 7/30/91
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CHAIRMAN'S ITEMS
DIRECTOR'S ITEMS
BOARD AND STAFF COMMENTS
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P & Z ACTION AGENDA
Q7{16{91
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MINUTES
PLANNING & ZONING BOARD
TUESDAY, JULY 16,1991
Members Present:
Chnirmllll Schwob, Mc!>srs. Merriam, I3ickcrstaffc, Cllrnssns, ) lamilton, and Savage
(Mr. Savage arrived ntl:45p.m.).
Members Ex.cused:
Mr. MlIzur
Also Present:
Scott Shuford, Planning Mannger
Put Fernandez, Recording Secretnry
ClllIirper!>on Schwoh outlined the procedures for conditiona] uses and advised that anyone adversely affecled by
II decision of the Plnnning IInd Zoning Board, with regard to comlilionlll uses, has Iwo weeks from this dute in
which to file an nppenl through the City Clerk's Orrice. Florida Law requires any parly appealing a decision of
Ihis Roard to have a record of the proceedings 10 support Ihe appen!.
ITEMS ARE LISTED IN AGENDA ORDER THOUGII NOT NECESSARIL YDlSCUSSED
IN TIIA T ORDER.
A. APPROV ALOF MINUTES
MOlion wns made hy Mr. Hamilton and seconded hy Mr. Carossas, to approve the minutes of July 2,1991 with
two corrections. Motion cnrried unanimously (5 10 0).
n.
REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1.
(Continued from 6/18/91) M&B 11.05,11.06 and 11.06I,Scc. 19-29-16 (19666 US 19 N) Vetn Louise
Gillenwnters, Pnme]n Lee Colvin, Paulettn Lucillc Rogers, Terri Lynn Prcsnell, Trustees, (Kenyon Power
Bonts), CU 91-48
Request . To permit ouldoor relail salc!> , di!>plnys and/or slorage
Zoned w cn (lIighwny Commercial)
Mr. Shuford rend a lettcr from Ihc npplicant rcque!>ling n continuance until 8-13.91.
Motion wns made by Mr. Hamillon, and seconded by Mr. Bickerslaffc, to continue Ihc nbove rc{!uc...,t to August
13, 1991. Motion carricd unanimously (5100).
2. (Continued frum 7/2/91) Lot 7 nnd part of Lol!> 8 and 9, Blackburn's Sub. (24530 U.S. 19 N.), Gcorge
D. and Deni!>e L.Daker, REilly Stores, Inc. Uk/a Pllce Pelroleum Corporalion, Dnniel and Dartmra M.
Palomino, Fcrrellga!>, Inc. f/k/n The Buckeye Gas Product Co., L.P. nnd Whiteco Industries, Inc.,
(Mountnsin FlIlllily Gol f) CU 91-52
Requesl - To permit outdoor cOlllmercial recreation/entertainment hy, expansion of existing fncility to
include bumper boats, kiddie cnrs and n batting cnge.
Zoned - CH (Highway Conullercial)
Mr. Shuford gave the hllckgrnund of Ihe cllse and suhmilled, in writing, the !>laff rec<llnmendation. A wall hns
heen suggested rather thnn II Inndscnping huffer 10 provide adc(llllIle prolection from nuise. Two lellers of
ohjeclion were received. One is from MlIynard lInd NeVil Olson whn ohjccts 10 Ihe noise nnd the other from
ThehlUl lInd Winifred Sle\'cns who ohjects 10 Ihe noisc aud lights.
Timllthy A. Johnsnn, Ilpplicllnt's rcpre<;cntllti\'(~, 911 Chl....tnu( Stn'Ct, provided II silc plan which shows the
11 rinci Jlll I change wilh n wall rall\t;'r the II landscape hCfln. lie reqllesled Mr. All answer queslions rcgnrding the
111111lhers of hoals, go cnrts, ele,
Lllrr.l' All, Whill'Cn cllIplnYl'C, 1000 E. 80th Pluel', J\lcrrilh'iIlc, Indiunll, stilled there would be 6 balling cnges,
16 hUlI1pcr boals, 16 go carts (for the larger tfllck) ami 8 kiddie go carls (for the !>ll1l1l1er track).
P & Z MINUTES
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In rcsrnn~e 10 lJlIe~linns hy the J]onnl, Mr. Johnson SU!!gc~tcd Ihal nn nddilionnl condition he added Ihat Ihe
npplicllnt nhide hy Ihe snunu level rcquirtll11Cnls ill the Pinclllls County Code to Ihe elttcnl Ilmt noise from the
dcwloPllItlnt nffects resitlcnlinl property west of LlIwson Drive. They nre more stringent Ihan Ihe Cleanvnter
cod e.
No persons nppenred in I'upporl of or in opposilion to the above re'lutlst.
Molion wa~ made hy Mr. Hamilton, Rnd seconded by Mr. Bickerstnffe, 10 approve Ihe above request suhject to
Ihe following conditions: 1) A huffer shnll he inslnllctlnccortling 10 site plnn submilled 10 the Plnnning and Board
on July 16, 199 t; and Inndscnping in nccurdancc with Cily code and approved by Ihe Environmenlnl Management
group shall be inslnlled on the north side of the wnllllnd in lhe Rrea in which no wull is provided; 2) All lighting
sources shllll be localed no closer Ihlm 50 feel from allnujllccnl residential properties, slmll hllve less Ihan 90
degree cutoff light source, shall he directed lIway from the residential areas, nnd shall have a heighl no grealer
Ihnn 25 feet: 3) The hours of operation for the kiddie cars nnd go carts shall be from 9:00 am. 10 10:00 pm.,
however, if the applicant cnn demonslrate 10 the City Planning Departmenl that the sou lid level genemtctJ by
normul opernlion of the go carl tmck does not exceed 55 DBA, liS measured at the nenrest point on the west
side of Lnwson Avenue, then the npplicant may operate the kiddie cars and go carts until 12:00 midnight; 4)
Mufflers shnll be instnlled and maintllined on the go carls to reduce the noise emanating from this source and
in no case shnllthe overall noise violnte Chapler 96, Noise, Code of Ordinances for the City of Clearwnter; 5)
The applicant shall oblnin City Commission approval for the assochlted annexation, rezoning and land use plnn
amendment for the suhjecl property: nnd 6) Permilling schedules for the project shaH be governed by the
schedule eSlllblishcd for the associllted site plan; lhis site phm shall be cerli lied within six (6) monlhs for the date
of this public hearing. Motion carried ummimously (6 to 0).
3. Continued front 7/2191) PurL of Lots 7,8. llnd 9, City Pllrk Sub., (56 Cau!'.cwl\)' Boulevard), City of
Clenrwnter (Keramistn, Inc./Bcnch Diner) CU 91-53
Request - To permit on-premise consumption of be~r and wine.
Zoneu - CB (Bench Commercinl)
Mr. Shuford gave the background of the case and suhmilled, in writing, the slnff recol1ullendntion.
SIl!VC Chnndler, nppIicnnt, 1441 Juel Lillie, stuled he had beller drawings and pictures 10 show the Donrd and
explain his requesl for an outdoor putio.
No persons nppenred in support of or in opposition to the ahove re(luest.
Motion Wus made by Mr. Bickerstnffe, lInd stlcondcd by Mr. Cnrll!;sas, to npprove the nhove request subject to
the following conditions: 1) The npplicnnt shnll obtain the requisite occupational license wilhin six (6) months
from the date of this public hearing; 2) Alcoholic hevernge sales shnl! he limited to consumption on premises
only, with no packnge sules; 3) The npplicant shull ohlain a vnriunce for eight (8) pnrking spaces from the
Development Code Adjustment Dllnrd; 4) The npplicnnt shall ohtain Ihe requisile alcoholic beverage sepnration
distance variance from the City Commission; and 5) The applicant shall continue 10 observe the City of
ClealWlIter sign regulalions. MOlion cnrried unanimously (6 to 0).
C. CONDITIONAL USES:
l. Lots 2-4.24,25, Rnd part of Lot I, Blk. B. Blly!>ide Suh liS (630 Gulfview Blvd. S) Eliu!'. & Helen
Antl~lllsoroulos (Jo-Go Amusement CenWr), CU 91.54
Request - To permit change of condition of previolls npprovnl fur ouldoor commercial
recreatiun/entertainment to extcnd li!;hls off to 1 :00 n.m. rather tlmn 12:00 midnight
Zoned - en (Bcllch COll1ll1ercinl)
~lr. Shuford gavtl the hnckgrt.Hllld of the cllse nlld suhmillcd, in writing. the staff n:collllllendation.
lIarr)' Clinc, l"l'pl"cs('ntuth'c, 400 Clc\'dnnd Street, slaled lhe upplicnnl opcrntes a fumily-oriented fucilityand
has me! nlllhc ClllHlitilllls previollsl)' stll forth. lie IlOW wishcs to cltlcml his closing hours Olle hour as patrons
P & Z MINUTnS
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huve to he turned nwny due tn insufficient timll to cmllplctu Iheir minialurc golf gamc. In other instances
pntrons lire given II rain check ns the lights have to be turned off.
Elias Al1aslnsnpnulos, npplicnnl, 1600 Gulf Doule\'nrd, stated they have n security guurd there every evening to
mnke sure noise is kept under control and there \s no alcohol a\towcd. His son is the manager and 11 family
memher is present nt all times.
In sUPIJOrl, Kelley Graul. 2773 JcffreyDrh'c. I'nlmllnrhor, stlltes she has heen employed Ihere for nine months
and stated their trllde \s predominAtely tnurisls who go the hench during the d:\)' and pIa)' minilltmc golf in the
evening. Some lire irnle when told they hllve 10 close,
Tnsll Annstnsllpllulos, 1600 Gulf Dllulcvnrd. slntcd he is the manager. SUlllmer is their busy time Bnd tourists
usually keel' late hours, preferring to ptny gotf nfler dinner.
In npposilioll, Rohert I hmtz, 640 Bnyway Doulevnrd, slalcd he lives dircctly opposite the golf course amI is
agninst the eltlension request as the operation now eltcccds the time limit for lights out. lIe feels that wilh an
c1.1cnsion of tights out, the applicant wilt exceed t\mt as welt The noise when someone m:hievcs a hole-in-one
is intense.
Also in opposition, Lcs NovlIk,620 Dnywny,slated he owns 1I motel directly across the street and hAS probllllll5
sleeping due to the noise cTcn1ed nt lhe golf cOUrse. He nns lost clients clue to this prohlem.
Mr. Shuford lIdvised 21euers ofoppnsition wcre rcceived. Mr. Ross, represenling the Continenlnl Towers Board
of Directors, suggested some lighting changes IInd Jellnnine Wiebcr feels it is unnecessary 10 cxlend the hours.
In rehuttal, Mr. Anaslnsnpoullls, slnted il tnkes 10-15 minutes to tum off the lights nnd empty the parking lot.
In rchuUnl,Mr. Clinc staled Ihe zoning is conunerciul and he believes they cnn coexist with the residential nrea.
Molinn wns made hy Mr. Hnmilton, nnd seconded by Mr. Carussns, to approve the nbove request subjecl to the
following condition: I) Thill Ihe mlljor golf course lights be lumcd off at I :00 a.m. Motion cnrried unanimously
(6 to 0).
2.
Lots 14-J7nnd that pnrt of Lois 12& 131yingsoulhcast ofRnilroad right-of-wny(520D Street, Bellenir)
George L. MAllory, CU 91-55
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Request - To permit noncommerciul parking
Zoned - IL (Limiled Industrial)
Mr. Shuford gave the huckgrmmd of the casc lUlU suhmilleu, ill writing, the staff recommendntion.
Genrge lHullllrYt nppJicul1t, 1375 S. ft. lIurrisnn, stat cd lhcre were parking shortages in the area nnd lhis use
would correct thAt. lie does not fecltherc is n nced for the hnndicllppcd pnrking spaces us this lot is one-hnlf
to one btock away from the huildings it provides parking for.
In suppurt, Luis Conllicr, 625 J\lcLl'llnllll Street, is happy to see Ihere will be sidewnlks and bcautiful
IUlldscnping.
No one nppenred in opposition 10 the above request.
The BoanI ngrccd wilh Mr. Mnllory's COI1lI111~l1ts rclalive 10 lhc handicappcd parking IInd lhe applicnnl stnled
he would conlact the Traffic Enginccr tn disclIss this. As II tradcnff, he wnuld he willing 10 pul mom spaces at
the huilding siles.
t\101illn was Illade hy Mr. 1I11lllilloll, ;lml sc(:ondt:d hy I\Ir. CarAssas, 10 nppro\'c the IIbove rcquesl subject 10 the
following conditions: I) Thc plan shall hc Illodified to show handicapped parking spaces if deemed nccessary hy
Ihc Trllfnc Engincer; 2) The parking 101 mllSt hI.! 11Indscllped 10 mcet Ihe currcnt landscllpe code and npproved
hy Public Works/Envirnnmcnlal M anagclllcnt; 3) The stllrlllwatcr relent ion basin shall he npproveu hy Ihe Cily
Engineer: 4) A Unity nfTille shull hc recorded unifying Ihl.: suhjccl propcrl)' to Parallel!. Inc. sill.' llnulhe Coburn
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Optlcul Imluslries Inc. ~ile; 5) The office \'s. warehouse I'lIlio~ for thc sitc~ to he scrvcll hy the nUl1cCHllll1ercial
parking shull he lislell nnd shuwn on Ihe plun. If any conversion of wnrehouse to oflice space takes pluee, nn
nmcmll1lcnl to the Certified Site Pllln shall hc madc; ulld 6) The purking rncilily Shlltl he used for pcrsol\nl
vehicle!! ollly. Mnlion curried unanimously (6 to 0).
3.
M&B J3.02,Sec. 1-29-15 (1915 N Hercules Ave) Mllrkos & Mnrin Puniros (Rohert Pllllal Doomerllng's
Cure), CU 91-56
Rcquesl - To permit on-prcmise consumption of becr, wine nnd HilUM
Zoued - CN (Nei~hhorhood COl1llllerciul)
Mr. Shuford gave the hnckground of the cuse IInd suhmilled, in wriling, the staff r&olllnlcndation.
Roh Palin, npplicunt, 1008 Ollk\'iew A\'ellue, slated they have purchased Ihis business nnd have bought a
residence here. He has restaurant experience from Canada. The previolls owner will help as a consultant 10
Rid in the transilion.
Michnel Zuccnliolll), runncr owner, 1652 Dcudm'lI,}' Lnnc, Odessn, stated his contrnct provide!! for the continued
use of certified vendors imving completed a slate progrnm to recognize inlolticated individuals, drug use, drug
sales nnd service of alcohol 10 minors.
No persons appeared in support of or in opposiliol1 to the lIhove request.
Motion was made by Mr. Merriam, nnd scconded by Mr. nicktlrstllffe, to approve the above reque!ll suhject to
the following condilions: I) TIle applicant shall be reslricled to on-premise sale of alcoholic beverages, with no
packuge sales: 2) The npplicanl shall mllinlain lhe existing kitchen fllcililies and provide food service to wilhin
one (I) hour of closing; and 3) The rcquisite Occuplltionlll license mllsl he oblnincd within six (6) months of this
public hearing. Motion curried unanimously (6 to 0).
Mr. Dickerstaffe was excused at 3:30 p.m.
4.
Lots Innd 2, Clwr. Tower (33 N Garden Avc,1I140) MAS ONE LTD. Pllrtnership (GOO Cluh CorplDeli
on lhe Park), CU 91-57
Request - To permit on-premise consUJllplinn of heer nnd wine
Zoned ~ UC/C (Urban Center Core)
Mr. Shuford gave the bllckground of Ihe case IImJ ~\\Ihmilled, in writing, the stuff recommemlntion.
Elise Winters, rcprescnlntivc, 600 Clc\'cluud Slrcet, Suitc 620, slnlcd Ihey lire very inlcrcsted in the duwntown
redevelopment. The main hours will he hrcakfast and lunch hut llsked for the elttra hours could he utilized fur
spechl\ occnsions. They arc in agreement wilh instulling Iha fence Ilntl the accompanying sign.
Knlhy Wuud, architect, 600 Clc\'c1nnd Street, Suite 920, slated the lundscape inlent WIIS to creale II barrier to
separate the sealing arcn from lhe pnrk. There is a knee wall which has plantings which will not screen the
outdoor seuling area.
No persons appeared in support of the ahove rCllllesl.
In opplIsitilln, Lois Cnnnicr, 625 J\lcLcnnnn Slrcc(, stuled she is in oppositioll to nny ouldoor consumption of
alcoholic heverages in this applicntion hecuuse of its close proltimily to a City park.
Moliol1 wus Illade hy Mr. Hnrnilton, nnd scconded hy Mr. Cllrnssn~, 101lppruve lhc ahove rcquest su1ucct to the
following conditions: I) TIlt! sllles of ulcoholic bc\'crllgcs shull he rcstricttld to conslIltlpliull on premises with no
packnge sales; 2) The requisitc occuputionnl license shnll htl ohluincd wilhin six (6) mnnlhs frnm the date of this
puhlic hCllring; 3) The npplicnnt shull ohlnin uppro\'nl from the City Commission for n ...ern fl, vnrinnce to the
200 n. scpllrntion distlll1C~ from others 2-COP (CI~\'clllnd Sl. Cllfe, MIIIlUS Plnce, l\l\ll fircl\7,e Ristonmtc)
prcmiscs consllmption salcs cSlahlishmcnts if dcelllcd necessary hy the Planning & Devtllopmcnt slaff; 4) The
sal~ of hecr' IInd wine for on rr~'ll1iscs l'OnSlllllplion shall he nllowcd ul1til II :OOp.m. SCVtll1 nights a wcck; 5) If
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deemed ncces~nry hy the Director of PArks And Recrclltion. the npplicnnt shnll provide a fence/gAte and/or
signllge on the propcrly contiguolls to the City property to prevtlnt nlcohnlic bevernges heing tnken outside to
the City property; l\nd 6) The sile piAn shnlJ be amended 10 show lhe localion of the fence should this fence he
deemed neccsliary. Motion cnrried unanimously (5 to O).
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D.
ANNEXA TION,ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPl\IENTCODE TE"-"
Al\1ENDI\IENT, AND LOCAL PLANNING AGENCYREVlEW:
I. Pnrt of Lots 8 & 9, Blackburn Sub, localed nn the west side of US 19 N. nbout 1,500n. north of Sunset
Point Rd. (George D. and Denise L. Baker, Rnlly Slores, Inc., flk/a Pace Petroleum Corp" Daniel nnd
Barhnrn M. Pnlomino, and ferrellgM.lnc. f/k/n The Buckeye Gl\!; Product Co.,L.P.) A 91-02,LUIJ9t.{l2
Request - AnnexRtion, Lnnd Use Plan Rnd Zoning designations
~AND USE PLAN:
From: UnclRs~ifjcd
To: Commercilllrrourisl FAcilities
ZONING:
CH (Highway COffimercinl)
Mr. Shuford gave the background of the case nnd submilled, in writing, lhe staff recommendation.
A h~lIcr of opposllion wns received from MaynAnl IInd Nevn Olson who object to lhis rezoning in a highly
residential area.
Tirn JuhllliOn, Jr. ,representulh'c, 911 Chestnut Slrccl, slated they were requesting the approprinte land use and
zoning.
No persons nppeared in slIpport of or in opposition to lhc above requelil.
Motion was mnde by Mr. Hamilton, and seconded by Mr. Carns~as, to Approve the above request. Motion
cnrtied unllnimously (5 to 0).
2. An ordinance relating to the Land Developmcnt Code: creating a new division 23A within Chnpter 135.
Code of Ordinances, to eslAhlish a neW Research, Development amI Office Purk District; c.c;tablishing
dislricl size requirements, pcrmilled amI condilionaI uses, use limilalions, and dimensional and numerical
development requirements; amending Section 136.025,Code of Ordinances, to establish supplemcntary
stnndnrds for the approvnl of business services, hotels/motels, manufacturing uses, marina facilitie..c;,
personal services, residential shelters, and restauranls os condilional uses in the Research, Developmenl
and Office Park District.
Mr. Shuford reviewed the proposed Amcndmcnt nmJ some possible changes to nccommodulc severn' light
manufacturing \IC;cs. This ordinance wns discussed with Mr. Rehm IInu he suggeslcd a commercial trAde school
n~ an approprinte use.
Gernld Rchm was present and briefly gave his comments on property which could hecome industrinl income-
proJucing property. Tlw tcrm ranel Intck is nrehaic. On outdoor stornge, il is his view that every business is
alone time or anolher forced tn store olltdoors and such lemporary uses should he addressed in the ordinance.
A practical applicalion he mcntioned would he for applicants to apply for a conditional use permit, wilh lhe
stornge of goolls being screcned and whnt is slorcd being specified.
Motinn was madc by Mr. Hamilton, llnd seconded by Mr. Sa\'lIge, 10 continue the above ordinance to July 30,
1991 meeling. Motion cllfricd 11lllll1imollsly (5 to 0).
G. BOARD AND STAFF COMMENTS
Mr. JllIlIliltnn took n copy of the letter wrillcn 10 Mr. Millo lllld the rcsponse Alld fnxeu it to Representative
. ,." Suney advising thlll alcoholic heverage cslllhlishl11cnls nvoiding Cily condilionlll \I~e requirements wns a prohlem
lUIIJ asked if hcller coonlillnlioll of loca] rcgulatory rC1luircI11cnls IhlOugh State ngencies Cllll he accomplished.
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VAcnlilJl1!; betwccn now /lnd including Ihe Seplcmhcr 3, 1991mcclins Wcrt.! discussed And il is believcd R quorum
will be possible al all mcelings. Mr. CnrM~I\!Y witl he. nhscnl for the September meeting.
The meeting WAS Adjourned AI 4: IS p.m.
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