12/17/1991 (2)
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AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, DECEMBER 17, 1991 - 1 :30 PM
RECEIVED
JAN , 0 '99'2.
C\TY CLERK
PLEDGE OF ALLEGIANCE
INVOCATION
illM
ACTION
A.
APPROVAL OF MINUTES
1. December 3, 1 991
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
CONomONAl USE REQUESTS IS GIVEN UNDER OATH.
1. The Chairperson reads from the Public Hearing Notice each item as it is presented.
2. Tho stalf report and pertinent background information arc presented. - 5 minutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. . 5 minutes maximum.
6. Persons who support the application speak - 3 minutes maximum ror each Individual;
or spokesperson far group - 10 mInutes maximum,
7. Persons who oppose the apptfcation speak - 3 minutes maxImum for each Individual; or
spokesperson for group - 10 minutes maximum.
8. Persons supporting the application (other than applicant! may speak in rebuttal. 3 minutes
maximum.
9. Persons opposing may speak in rebuttal - 3 minutes maximum.
10. The applicant has an opportunity for final rebuttal - 5 minutes maximum.
11. Public Hearings arc closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. REOUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
c. CONDITIONAL USES:
1.
Lots 84 and 85, Clearwater Beach Pnrk Sub 126
Papaya Streetl. Apostol G. and Helen A. Gelep
(Crazy George's Inc.) CU 91-86
Approved subject to tho following conditions: 1)
The sale 01 beer and wine shall be restricted to
package sales only with no consumption on
premises; 2) The requisite occupational license
shall be obtained within six (6) months from the
date of this public hearing; 3) The closing time
shall be no later than 12:00 midnight; and 4) All
signage shall be in compliance with City code.
Request. To permit package sales 01 beer and
wine
Zoned - CB (Bench Commercial)
2.
Lot 2A, Campus Walk Sub 12551 Drew Street,
Sullo 107), Robert E. and Kathleen P. Alpaugh/E.
Eugene and Donna L. SiUon/Edward M. Hanna, E.
E. Chaires, Jr., and Dorotll'" O. McKeehan, as
Trustees of the Charles W. Birdsong Trustl a/k/a
ASS Properties tMntlclino e. Levitt/Leone's Pizza
and Halian Eatery) CU 91-87
Approved subject to the following conditions: 11
The sales of alcoholic beverages shnll be limited
to consumption on premises with no package
sales; 21 The requisite occupational license 511.111
be obtuined within six 161 months from the date
of this public hCilring; 3) The applicant shall
obtain approval from the City Commission for a
vmiancc or 180 It. to permit alcoholic beverage
sales 120 fl. from a residential 70ne; and 41 The
sale of alcoholic lltl\leragcs slmll \)e prohibited
P & Z AGENDA
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P & Z AGENDA
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MINUTES
PLANNING & ZONING BOARD
TUESDAY, TUESDAY. DECEMBER 17, 1991
P & Z MINUTES
12-17.91
Members Present:
Chairman Schwob, Messrs. Bickerstaffe, Carassas, Hamillon, Mazur, Merriam,
and Savage.
Members Excused:
Also Present:
Scoll Shuford, Planning Manager
Pat Fernandez, Recording Secretary
Chairperson Schwab outlined the procedures for conditional uses and advised that anyone adversely
affected by a decision of the Planning and Zoning Board, with regard to con'ditional 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. APPROY AL OF MINUTES
Motion was made by Mr. Hamilton. and seconded by Mr. Merriam, to continue the minutes of the
December 3, 1991. Mr. Merriam. on his Wal-Mart "nay" vote, cited three paragraphs of the code
requirements for rezoning that were not met. Motion carried unanimously (7 to 0).
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C.
1.
REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
CONDITJONAL USES:
Lots 84 and 85. Clearwater Beach Park Sub (26 Papaya Street), Apostol G. and Helen A. Gelep
(Crazy George's Inc.) CU 91-86
Request - To permit package sales of beer ami wine
Zoned - CB (Beach Commercial) .
Mr. Shuford gave the background of the case and submiued, in writing, the slaff recommendation.
George Kokoris. applir,.ant. 2036 Chadsworth Drive. Dunedin, Slated he has been in business for onc and
a half months and would like to improve his business.
No persons appeared in SUPPOlt of or in opposition to the above request.
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In answcr to qucstions from the Board, the business with favorable action would be legitimized. The use
was grandfathered in however transfers of ownership have not received conditional use permit approval
and such action is now requested. The previous owner was in business from 1988. Concerns were
expressed about not allowing more package sales on the beach. They noted the denial to Pick Kwik.
The difference is there is an established alcoholic use here ami that it is nol in dose proximity to a
residential area. If there was an impact on the beach. persons would be here to express their views. The
puint was expressed tJHlt an image is being crealed for persons coming onto the beach and viewing the
myriad of beer signs in his window. .
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Molion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, to approve the above roque-lit
subject to the following conditions: 1) The sale of heer and wine shall be restricted to packagq sales only
with no consumption on premises; 2) The requisite occupational license shall be obtained within six (6)
months from the date of this public hearing; 3) 111e closing time shall be no hller than 12:00 midnight;
and 4) All signage shall be in compliance with City cude. Motion carried 6 to I, with Mr. Carassas
voting "nay" due to the application not being consistent with the community welfare.
2. Lot 2A, Campus Walk Sub (2551 Drew Street, Suite (07), Robert E. and Kmhleen P. Alpaugh/E.
Eugene and Donna L. Sillon/Edward M. Hanna, E. E. Chaires, Jr., ami Dorothy O. McKeehan,
asTrustecs of the Charles W. Birdsong Trust/ a/k/a ABS Properties (Madeline E. Levitt/Leone's
Pizza and Italian Eatery) CU 91~87
Request - To permit on-premise consumption of beer and wine
Zoned 4 CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Robert Resch, applicant's representative, 210 Orangewood Avenue, Clearwater, advised the owner has
added numerous improvements to attract family clientele. There will be no exterior seating on premises.
The variance request will go to the City Commission on January 16. 1992.
Madeline E. Levitt Leone. applicant, 1816 Lake Cypress Drive, Safety Harbor. was asked about her
experience. She informed the Board her father was a famous New York chef and her husband's family
has over 100 years experience in the resUmrant business. .
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject
to the following conditions: I) The sales' of alcoholic beverages shall he limited to consumption on
premises with no pilckage sales; 2) The requisite occupational license shall be ohtained within six (6)
months from the date of this public hearing; 3) The applicant shall obtain approval from the City
Commission for a variance of 180 f1. to permit alcoholic beverage sales 120 ft. from a residential zone;
and 4) The sale of alcoholic beverages .shall be prohibited aller the hour of 12:00 midnight. Motion
. carried unanimously (7 to 0).
3. M&B 33.07 and part of M&B 33.04 and 33.09, Sec 8-29-16 (2620 Drew Street), W. Jack
Kennedy/Life Savings & Loan Assn. (Quick Lube, Inc.) CU 91-88
Request - To permit vehicle service
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Farhod Nikjch, applicant, 3545 Landmark Trail, Palm Harhor, stated he is asking for approval of his
request and has no trouble with a flow-through car wash facility.
Motion was made by Mr. Mazur, and seconded by Me. Bickcrstaffc, tu approve the Hbove request subject
to the following conditions: I) The requisite building permits shall he uhtained within six (6) monlhs from
the date of this meeting; and 2) The car-wash facility must be lllilized as a flow-through facility, as
proposed by the applicant, rather than il drop-oIT/pick-up center. Motion carried unanimollsly (7 to 0).
P & Z fo.-1INUTES
12-17-91
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E. Cn~IRMAN'S ITEMS
TIle definition of a quorum in the Rules of Procedure needs to be clarified. Mr. Shuford p{)inted out a
change occured last Spring when the City Commission adopted an ordinance that established a quorum
for this Board when hearing a Conditional Use request as four rather than five.
Mr. Shuford will change the Quorum section of the Rules and bring them back for the January meeting
with language to reflect that change.
No other changes were suggested.
Mr. Merriam questioned the stating uf a reason in the minutes for a negative vote. It is recognized
stating a reason is not in the rules. While some feel it is an ex.cellent idea comments made in hearings
where tape transcripts are used take comments out of context and then use it in their arguments to
overturn a Board decision. Reasons should be based on the code but that can get very legal. Giving a
reason should be a personal choice and members feel they should not have to defend their vote. Mr.
Shuford will discuss this with Mr. Galbraith and added that giving a reason could show that the standards
of approval were considered by the Board.
Elections of officers was covered by Board members informally last year. This informal agreement is
that the Chairman and Vice Chairman change annually at the first meeting in January. Mr. Bickcrstaffe
and Mr. Savage do not feel they have the experience at this time to be Chairman. The vote will be at
the end of the next meeting. .
The Pelican has new ownership and they have not yet appeared before the Board.
The Gallery Restaurant on Sand Key has put up new colored neon lights which detract from the restaurant
sign and appear incongruous for that area. Their legality was questioned.
Mr. Hamilton, who no longer has a conflict with the Penquin Palace, stated they have an outdoor patio.
Entertainment is not believed to have been a condition and the noise emanating from this patio is
becoming a problem.
A question was asked as to the disposition of the Dayway property. DCAB turned down their request
for a parking variance and modified another variance. 'nley are now asking for a continuance on an
alcoholic separation variance. They may appear before the Planning and Zoning Board again.
F. DIRECTOR'S ITEMS
The Downtown Plan will be advertised for the January 14, 1991 meeting. Copies of the Executive
Summary were given out and are intended to be used as a familiarization tool before delving into the plan
itself. TIle Plan is intended to get the City through the transition period into downtown. Consideration'
needs to be given to Drew Street <IS the City now has the option to eliminate part of Drew and have a
true w<lterfront park extend to tJle water's edge.
Dolh Mr. Mazur and Mr. Dickcrstaffe are on lhe Mass Task Force and asked Mr. Shuford to inquire of
Legal if tJley may become involved in tJle Downtown Plan development discussion since the Maas
Brothers site may be part of tJle January meeling discussion.
Mr. Mazur also asked if staff would make a tell-minute presentatiun to the Maas Task Force in January.
P & Z tvllNUTES
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12.17-91
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G. BOARD AND STAFF COMMENTS
The meeting was adjourned at 5:50 p.m.
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P & Z MINUTES
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12.~ 17 -91
latty, lr., Director, Planning & Development
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