09/03/1991 (2)
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ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDA V, SEPTEMBER 3, 1991 . 1 :30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
A.
ITEM
.
ACTION
APPROVAL OF MINUTES
1. July 3D, 1991
2. August 13, 1991
Approved
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
CONDIT10NAL USE REOUESTS IS GIVEN UNDER OATH.
1-
2.
3.
4.
5.
6.
7.
B.
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10.
11.
12.
13.
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The Chairperson reads from the Public Hearing Notice each item as it is presented.
The staff report and pertinent background information arc presented. . 5 minutes maximum.
Staff presents any supponing written documents.
Staff presents any opposing written documents.
. The applicant or his representative presents his case. . 5 minutes maximum.
Persons who support the application speak - 3 minutes maximum for each individuol;
or spokesperson for group - 10 minutes maximum.
. Persons who oppose the application speak. 3 minutes maximum for each individual; or
spokesperson for group. , 0 minutes maximum.
Persons supporting the application lather than a'pplicantl may speak. in .rebuttal - 3 minutes
maximum.
Persons opposing may speak in rebuttal. 3 minutes maximum.
The applicant has an opportunity for final rebuttal - 5 minutes maximum.
Public Hearings are closed.
Discussion by the Board.
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. REQUESTS FOR EXTENSION. DEFERRED
AND CONTINUED ITEMS:
Request for 3 Month Extension -
M&B's 41.01 and 41.03, Sec. 18-29-16
(20568 U.S. 19 Nl Angel Properties
(Stingers! CU 91-15
Approved an additional three months to the 90
day extension granted at the public hearing on
August 13, 1991.
1.
Rcquest . To permit on-premise consumption
of beer, wine and liquor
Zoned. CH (Highway Commercial)
}l ~ r. ~ ! '!r ~ n
SEP 0 9 1991
Cf'j"Y (~l ..~~,
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P & Z ACTION AGENDA
09/03/91
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2.
Rcquest for Extension - Lot~ 118 and 119. Lloyd-
White.Skinner Sub. (348 Coronado Dr.1 Robert E.
Malke (Rose Garden Restaurant! CU 91-1 B
Rcquest . To permit on-premise consumption of
beer and wine
Zoned. CA-28 IResort Commercial!
3.
(Continued from 7/30/91 & 8/13/911
Lot 2. Blk. C. Skycrest Unit 1 11717 Drew St.)
Tri.High Corp.. [Easy Times Bar.Charmill's Pilla).
CU 91.58
Request. To permit package sales and on.
premise consumption of beer and wine
Zoned. CG [General Commercia"
4.
(Continued from 7/30/91 & 8/13/911
M&B's 33.02 and 33.021, Sec. 20.29.16 (18443
& 18449 U.S. 19 N/Units 4-61 Levitz Plaza
Shopping Center !formerly Grant's Plazal. Home
Shopping Network Realty. Inc. (Clearwater
Nightclub Enterpriscs, Inc.l. CU 91-60
Request. To permit on-premise consumption of
beer, wine and liquor
Zoned - CC (Commercial Center
C. CONDITIONAL USES:
,. Lots 10, 11, and part of lot 12, Block D, Pine
Ridge. (1407-09 Betty Lane North), Bruce
Mesagno (Admad Berenikar Gorabi/EZ Stop N
Savel CU 91-64
Acquest. To permit package sales of beer and
wine
Zoned - CG (General Commercial)
2. Part f)l Lots 1 and 2, See 1-29-15, Pint.llns
Groves Sub (1969 Sunset Point Adl K. D.Sauder,
i\S Trustee of the K. D. Sauder Trust CU 91-65
Request. To permit a veterinary office
Zoned - eN (Neighborhood Commerr.iall
P & Z ACTION AGENDA
Continued to the meeting of September 17,
1991.
("
Approved subject to the following conditions: 11
The pOlckage sales opemtion shall have no
customcr-accessible sheU spnce or display areas
provided; 2~ The requisite OCCup;Hional license
shall be obtained within six (6) months from the
date 01 this public hearing; 31 There shall be no
outdoor seating or other expansion of floor moOl
devoted to the proposed use; and 41 The SOlie of
beer and wine for on premises consumption shall
occur only during the hours of 11 :00 a,m. to
, :00 8.m. on weekdays ,md 11:00 a.m. to 2:00
a.m. on weekends; the sale of beer and wine as
package sales shall occur onlv during the hours
of 10:30 a.m, to 12:00 midnight on weekdays
and weekends.
Withdrawn.
(,
Approved subject to the following conditions: 1)
There shOlIl be no deliveries to the establishmant
and no building or property sccvices (or the
premises may be performed after 10:00 p.m. or
before 6:00 a.m. on ~ny day; 21 The door for the
establishment which is within 50 ft. of the
residential zoned aren shall be used only as nn
emergency exit; 3) The hours of opcmtion shall
be limited to 6:00 a.m. to 11 :00 pm daily, with
the sale o( beer and wine restricted on sundays
from 1 :00 p..ll, to 11 :00 p.m.; 41 The windows
on the south si1e of the applicant's
eSlablishnmnts shall be permanently blocked with
point or p~rmanent opaque material; 51 All
required permits and licenses shall be ohtained
within six months or this publiC hearing; and 61
All signLlue for this business shall conform to the
City of Clear-.vater regulations.
Approved subject to the follo~'~ing conditions: 11
All sc....liccs sholl be performed inside the
ilpplicClot's cstnlllishmcnt, and no boarding of
animals sholl be permitted; 21 The veterinary
office shall b~ equipped with adequate surgery
and diagnot.tic facilities and shall comply with
the sanitati'HI code; and 31 The requiSite
occupatioml license shall be obtained within six
month!' of the date of this public hearing,
Motion cmricd unanimously {6 to 01.
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D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT,
LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL
PlANNING AGENCY REVIEW:
Amendment of Lot Clearing Ordimlllce No.5 123-91
An ordinance of the City of Clenrwatcr, relating
to nuisances; amendinn Sectfons 95.05, 95.07
ilnd 95.08, Code of Ordinances, relnting 10 the
enforcoment of the 101 clearing ordinnnce;
deleting an exception lor Inoperative motor
vehicles, boats or trailers kept outside a garagn or
carport on residential property for not more than
thirty clnys; providing for notices of violatIon and
appeals to the Code Enlorcement 80nrd;
providing for corrective action by the city,
andauthorizing liens upon property for the costs
or correction action by the city, including
admlnistratlve costs. under certain
circumstances; increasing the administrative
costs to be charged when remedial action Is not
taken by the owner within the time allowed from
$150.00 to $200.00 providing an effective date.
E. CHAIRMAN'S ITEMS
1.
F. DIRECTOR'S ITEMS
G. DOARD AND STAFF COMMENTS
.\
P & Z ACTION AGENDA
APJJroved the adoption of the code tunendment
subject 10 the following Ch3f1goS: 1) The timo
frume being established as ten days from tho
d:Hc of sign3ture on the return receipt or a
maximum time frame of 21 days' from date of
moiling lin the case of no' receipt return) or no
acceptance of the leiter, whichever is less: and
2) The establishment of some form of punitive
uatllllges or remuneration for habitual or repe3t
allenders intending for the Cily to mainlain their
proporly.
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09/03/91
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MINUTES
PLANNING & ZONING BOARD
TUESDAY. TUESDAY. SEPTEMBER 3,1991
Members Present:
Chairman Schwoh. Messrs. Bickerstaffc, Hamilton. Mazur. Merriam and Savage
(left at 3:00 p.m.).
Members Excused:
Mr. Carassas
Also Present:
Scott Shuford, Planning Manager
John Richter, Code Enforcement Manager
Pat Fernandez, Recording Secretary
Chairperson Schwah outlined the procedures for conditional uses and advised that anyone adversely
affected hy 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 pan)
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. APPROV AL OF MINUTES
Motion was made by Mr. Hamilton, and seconded by Mr. Merriam. to appnwe the minutes of July 30,
1991 and August 13, 1991. Motion carried unanimously (6 to 0).
B. REQUESTS FOR EXTENSION; DEFERRED
AND CONTfNUED ITEMS:
1. Request for 3 Month Extension - M&B's 41.01 and 41.03, Sec. 18-29-16, (20568 U.S. 19 N)
Angel Properties (Stingers) CU 91-15
Request - To permit on-premise consumption of heer; wine and liquor
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Charles Samarkos, applicant's representative, 915 Chestnut; stated they were requesting the
additional three months as they are still in negotiations with the property owner and have droppe.d their
negotiations on the alternative site.
No persons appeared in support of or in opposition to the ubove request.
Motion was made by Mr. Hamilton, nnd seconded by Mr. r-,'lazur, to grant an additional three months
to the 90~day extension granted at the public hearing on August 13. 1991. Motion carried unanimously
(6 to 0).
2. Request for Extension - Lots 118 and 119, Lloyd-While-Skinner Suh. (348 Coronado Dr.) Robert
E. Mulke (Rose Garden Restaurant) CU 91-18
Request - To permit on-premise consumption of heer and wine
Zoned - CR-28 (Resort Commercial) Jl :P. r. ~ r 17 ED
p & Z MINUTES SEP 2 5 1991
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09-03-9 J
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Mr. Shuford gave the hackground of the case and suhmiued, in writing, the staff recommcmJatjon.
The applicant was not present nor did anyone appear in support of or in opposition to the above request.
~
Motion was made hy Mr. Hamilton. and seconded hy Mr. Mazur, to con\inu~ thl; ahove item to the
meeting of Septemher 17, ] 991. Motion carried unanimously (5 to 0).
3. (Continued from 7/30/91 & 811 3/91)
Lot 2t Blk. C, Skycrest Unit I. (1717 Drew St.), Tri-High Curp., (Easy Times Bar.Charmill's
Pizza)t CU 9J-58
Request ~ To permit package sales and on-premise consumption of heer and wine
Zoned - CO (General Commercial)
Mr. Shuford gave the background of the case and submitted. in writing. the staff recommendation.
Mr. Charles Trafllgandcr, applicant, 1717 Drew Street, stated he wants to continue operating this husiness
as it has been in tJ1C past with the previous owners. He had the wrong date on his calendar and
apologized to the board for missing the last meeting.
No persons appeared in support of or in opposition to the <ibove request.
Motion was made by Mr. Hamilton. and seconded hy Mr. Bickerstaffe. to approve the above request
subject to the following conditions: 1) The package sales operation shall have no customer-accessible shelf
space or display areas provided: 2) TIw requisite occupational license shall be obtained within six (6)
months from the date of this public hearing; 3) There shall be no outdoor scating or other expansion of
floor area devoted to the proposed use; and 4) The sale of beer and wine for onwpremises consumption
shall occur only during the hours of 11 :00 a.m. to 1 :00 a.m. on weekdays and 11 :00 a.m. to 2:00 a.m.
on weekends; the sale of beer and wine as package sales shall occur only during the hours of 10:30 a.m.
to 12:00 midnight on weekdays and weekends. Motion carried unanimously (6 to 0).
4. (Continued from 7/30/91 & 8/13191)
M&Bts 33.02 and 33.021t Sec. 20-29-16 (18443 & 18449 U.S. 19 N/Units 4-6) Levitz Plaza
Shopping Center (formerly Grant's Plaza), Home Shopping Network Realty t Inc. (Clearwater
Nightclub Enterprises, Inc.)t Cu. 91-60
Request. To permit on-premise consumption of beer, wine and liquor
Zoned - CC (Commercial Center
Chairman Schwob announced that the applicant had withdrawn his request.
C. CONDITIONAL USES:
1. Lots JOt 11 t and part of Lot J2t Block 0, Pine Ridge, (1407-09 Betty Lane North), Bruce
Mesagno (Admad Berenjkar Gorahi/EZ Stop N Save) CU 91..{}4
Request - To permit package ~:lIc:; of heer 3rd wine
Zoned - CO (General Commercial)
Mr. Shuford gave the had,groum! of the case and submitted, in writing, the staff recommendation.
Admad Bercnjl::ar Gorahi; applicant, 15301 Summer Wind Drive, Tampa 33624t stated he wants to ',-~..
compete with existing husinesses and givt.! rcsidents a choice and lower prices. Windows will be h]ocked
P & Z MINUTES
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out if their application IS approved. Thc prior nusincss entity at th is location was a meat market that also
sold alcoholic hcvcrages. The applicant plans 10 sell fruits, vcgelanlcs and other hems the ncighhorhood
needs. [f thc use is grantoo the applicant will p\\int over those signs not alluwed hy city ordinance. Mr.
Gllrahi's prcvious cxrcrlcnce was employment at a similar husiness in Tampa.
No one appeared in support of the anovc rcqucst.
In opposition, Mikc Knunouvaris, 1249 Lolus P;J1h, stated he has hecn in the auto husiness for eighteen
years at Betty Lane and Ovcrlea Street directly behind the applicant's proposed business. He feels crime
is now number one in the area. There is fighting, brokcn glass all ovcr and sex paraphernalia. He stated
the arca was good before alcoholic heveragc licenses were granted.
In OPIK)sition. Charles Cliffurd Pompey, 1795 HartKlr Drive, stated he has been in Clearwater for 17
years. He feels Betty Lane is now becoming what Greenwood once was. He feds that two convenience
stores and one bar arc sufficient. There is also a church and a day care centt.!r in the area.
In opposition, Rw..o Dehbol.orgi, 210 Drew Hills Road, Tcmple Terrace. stated he owns the Betty Hills
Shopping Center from J4-J3~27 Belty Lane. thrc~ doors from the applicant. Prior to 1989 there were no
problems and he helieves they stem from alcoholic ncverage sales. He feels the existing businesses are
adequale and no more are nc~essary us additional businc!'ses will escalate tht! arguments and fighting that
are now commonplace in the neighhorhood.
Willie King 1t.!11 a letter to he read at the meeting ohjecting to this application due to the numher of
alcoholic heverage estahlishments nlrcady there.
In rebuttal. Mr. Gorabi, stated he did not believe tranic would increase with his business, customers will
merely have an option to shop at a different neighborhood store, The church is not registered with the
state or county. He cannot be held accountable for problems he has not created.
Discussion ensued with Board memhers expressing concerns including the following:
The Board inquired if the meat market was still in operation. People milling by the building gave that
impression. Mr. Shuford advised that this is a new application and indicated that the prior business has
been closed for some timc.
Board members noted that the applicant is aware of the neighborhood, is willing to invest in a business,
and it is hoped he will join other business people in spearheading efforts to improve conditions.
Mr. Hamilton asked if this area had an association similar to the Greenwood Neighborhood Association
and was advised this location was on the periphery.
Mr. Shuford suggested a maximum floor area devoted 10 alcoholic beverages. The Board believes there
would he trouble enforcing this.
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Motion was made by Mr. Bickerstaffe, and seconded by Mr .Suvage, to approve the above request subject
to the following cond itions: 1) There shall be no delivcries to the estahlishment and no huilding or
property services for the premises may be performed aftcr 10:00 p.m. or before 6:00 a.m. on any day;
2) 111e door for the establishment which is within SO ft. of the residential zoned area shall he used only
ns an emergency exit; 3) The hours of operation shall be limited to 6:00 a.m, to 1] :00 pm daily, with
the sale of heel' and wine restricted on Sundays from 1 :00 p.m. to 11 :00 p.m.; 4) The windows on the
south side of the applic:llll's cstablishments shall be permanently blocked with paint or permanent opaque
material; 5) All required permits and licenses shall he obtained within six months of this puhlic hearing;
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material; 5) All required permits and Ih:enses shall he ohtained within six months of this puhlic hearing:
and 6) All signage !t)r this husiness shall conl'(mn to the City of Clearwater regulations. Upon roll call.
the vote was:
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"Ayes": Bickcmaft\.\ Schwnb. Hamilton and Savage.
"Nays": Mazur and Merriam.
Mr. Mazur stated the feelings in the neighhorhood against the application were a faclOr and Mr. Merriam
felt it did not contrihute to the needs of the communit)'. Motion carried (4 to 2).
2. Part of Lots I ami 2, See J~29.15, Pinellas Groves Suh (1969 Sunset Point Rd) K. D.Sauder, as
Trustee oCthe K. D. S.mdcr Trust CU 9t-65
Request - To permit a veterinary ofticc
Zoned. eN (Neighborhood Comml;!rcial)
Mr. Shuford gave the hackground of the case and suhmined. in writing. tile staff recommendation.
Dr. Michael Adam,-; alkla Philip Habib. applicant, 1969 Sunset Point Road, stated he has had a veterinary
office on Highland AVl;!nue for six years. He may eventually comhine hnth offices hut since many of his
clientele are senior citiz.ens whu walk their pets into his Highland location. he has no plans to close thal
office at this time. The new location is in a strip center and he will not he hoarding pets.
Marilec Friedman, owner's representative, 8001 Banlm(Xlr Place, Largo, stated she is the leasing agent
for the center, that she authorizes Dr. Adams to speak on this maner, and feels the use will mix well with
the other service-oriented husinesses in the center.
No persons appeared in support of or in opposition to the above request.
",
Motion was made hy Mr. Mazur. and seconded hy Mr. Meeriam, to appro\'e the ahove request subject
to the following conditions: 1) All services shall he performed inside the applicant's establishment, and
no hoarding of animals shall be permitted; 2) The veterinary office shall be equipped with adequate
surgery and diagnostic facilities and shall comply with the sanitation code; and 3) The requisite
occupational license shall be obtained within six months of the date of this public hearing. Motion carried
unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENTCODE
TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Amendment of Lot Clearing Ord inance No. 5123.91
An ordinance of the City of Clearwater, relaring to nuisances; amending Sections 95.05,95.07 and
95.08, Code of Ordinances, relating to the enforcement of the lot clearing ordinance; deleting an
exception for inoperative motor vehicles, boats or trailers kept outside a garage or carport on
residential property for nm more than thirty days; providing for notices of violation and appeals
to the Code Enforcement Board; providing for corrective action hy the city, and authorizing liens
upon propeny for the costs of correction action hy the city. including administrative costs, under
certain circumstances; increasing the ,ldministrative costs to be charged when rcmedial action is nm
taken hy the owner within the time allowed from $ J 50.00 to $200.00 providing an effective date.
Mr. John Richter gavc a presentation on the ahove-requested ordinance. He eXplained the time '."
constraints in the present procedure do little to afford prompt rei icf of the condition to the community.
P & Z r...tlNUTES
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09.03~91
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Mr. Merriam expressed concern anllut when the timing hegins, whethe. from the date of the notice or
the certified receipt of same. Sume Board members feel the timing is very tight. particularly ti.lr ~\
property owner who lives out of Slate or who happens to he out of the country :tt the time the notice is
sent. Mail is sometimes slow and in some instances will he ttuwankd. perhaps arriving with no time
to take necessary action.
In arriving at a date hy which tll start aClion. the Board noted all nOlkes arc sent cenitied llwil. One
suggestion was the date the recipient signed.
Mr. Hamilton commcnted ten days was too short a period, one \....hich an out-or-town owner could not
mect, while Mr. Schwoh pointed out the extensive growth thaI can uccur in a ten-day period and the
continuing aggravation to the neighhorhllod, Ivtr.Richter indicated lhal the propert)' is posted atier a nolice
has heen sem out.
The repeat violator could he charged an additional amount hesides the mlminislralive fee per violation as
a punitive fec.
Motion was made hy Mr. Mazur. and secUlH.lud hy Mr. Hamilton. to approve the adoption of the COUt!
amendment suhject to the following changes: I) The time frame heing estahlished as ten days from the
date of signature on the return receipt or a maximum time fmme of 2 I days from date of mailing (in the
case of no receipt return) or no acceptance of the letter. whichever is less: and 2) The estahlishment of
some t'6rm of punitive damages ur remuneration for hahitual or repeat offenders intending for the City
to maintain their property. Motion carried unanimously (5 to 0).
E. CHAIRMAN'S ITEMS
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The Board acknowledged receipt of the hearing officer's report on Britts. Mr. Shuford advised thm Mr.
Greer stated he would not represent the appl ieam heyond the administration hearing but would
recommend another attorney who would consider representing them in further litigation.
G. BOARD AND STAFF COMMENTS
Mr. Merriam advised John Richter that, at the service station on Island Way, people were living in a
parked step van.
The Board expressed concern about the qual ity of merchandise heing sold at some of the retail outlets on
the beach. Perhaps due to the sign code, huildings are heing painted ludicrous colors to attract attention.
, Architectural design standards and controls appear to he needed. The Task Force had suggested such a
committee.
Parking at Britts has heen on the city right-or-way. They have made a parking lot of the sidewalk on lhe
west side of the hu i1ding. It was questioned as to why the city has not vacateu 1 st Streel for shared
parking which would he henel1cial to the heach arca. Mr. Shuford will investigate.
Mr. Schwoh does nOI know for sure at this time, hut may he absent for the Septemher 17, 1991 meeting.
The meeting was adjourned al 3:38 p.m.
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P & Z MINUTES
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09-03-91