01/14/1992 (2)
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"L JAN 231992
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AGENDA
PLANNING & ZONING BOAnD MEETING
TUESDAY, JANUARY 14, 1992.1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
A.
APPROVAL OF MINUTES
1. December 17, 1991
.I
ACTION
Continued to meeting of February 4, 1992.
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 REOUESTS IS GIVEN UNDER OATH,
1. The Chairperson reads from the pubrrc Hearing Notice each item liS it is presented.
2. The staff report and pertinent background information are presented. - 6 minutes malCimum.
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 minules maximum for each Individual;
or spokesperson for group. 10 minules maximum.
7. Persons who oppose the application speak - 3 minutes maximum for each individual; or
spokesperson for group' 10 mlnules mllximum.
8. Persons supporting lhe application (other than applicant) may speak in rebuttal. 3 minules
maximum.
g, Persons opposing may speak in rebuttal. 3 minutes maximum.
10. The applicant has an opportunity for linal rebuttal. 5 minutes maximum.
11. Public Hearings arc closed.
12. Discussion by the Board.
13. The Board makes a decision.
F1.Df\\Df>,. STATUTE 286,0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOAnD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPOnT SUCH APPEAL
B. REQUESTS FOR EXTENSION, DEfERRED
AND CONTINUED ITEMS:
1.
Lots 1 and 2, O. Harrfngton's Sub, (500 N.Fort
Harrison Avenuel Adriano Battaglini, (Andy's
Auto Repair) CU 90-69
.'
Request - Review of condillonal use after 90 day
trial period to permit: 11 non.commercial parking,
and 21 vehicle services
Zoning. CG IGenmal Commefciall and nM 28
lmultiple lamily residenliall
P & Z AGENDA
Approved subject to the following conditions: 1)
The direction 01 glaro of lights horn both motor
vehicles and illuminating fixtures on tho site shall
be oriented away from surrounding properties; 2)
Perimeter and interior landscaping for Lot 2 shall
be provided in conformance with City Code
Sections 136.023Ic) through W, subject to
llpproval 01 the City's Environmental
Management Division; a new landscape plan shall
be submilled showing required irrigation and the
installation of throc (3) trees located 1I10ng the
west and south sides of the site (2 trees along
Osceola Avenue and 1 tree along Georgia Street)
wilhin , month of this public hearing, with such
irrigation and landscaping to be installed wilhin 2
months of this public hearing; 31 The applicant
shall provide a Bve foot wide perimeter planting
strip on Lot 1 along N. Ft. Harrison Ave. to
include a hedge, two shadc trees and low volume
irrigation; such landscaping shall be installed in
m:curdancc wilh the Nationul Nursery Standards
01.14.92
2.
Lots 1 and 2, O. Harrington's Sub, 1500 N. Ft.
Harrison Avenue), Adriano Elatlaglinl lAndy's,
Auto Repair) CU 91-82
Request - To permit outdoor retail sales, displavs,
and/or storage of used cars
Zoned, CG (General Commercial and AM 28
(Multiple family residentiall
C. CONDITIONAL USES:
1.
M&B 13.07, See 8-29-15, (249 Windward
Passagel Clearwater Municipal Marina, Slip 1.32
(Clearwater Marine Science Center, Ine,l CU 92.
01
Request. To permit marina boat lilt
Zoned - CG IGeneral Commercial and ALlC
IAqu,Hic landsfCoastall
P & Z AGENDA
(a shade tree shall be OJ minimum of B feet overall
in height with 1.5 inches caliper measured 6
inches nbove grade and the shrubs slmll be a
minimum 24 inches high, 1.5 feet apart (3 feet
at center); both standards to apply at timo of
planting) subject to the approval of tho City's
Environmental Management Division within 1
month of this public hearing; 41 All used tires,
parts, and similar objects shull be stored in the
building or other enclosed structure; 5) All
service facilities shall be Indoors; major repairs,
including engine or transmission dismantling,
painting. body, fender, and muffler work shall
not be allowed; 6) Vehicle service work shall be
restricted to 7:00 a.m. - 6:00 p.m. Monday
through Saturday, with no service work done on
Sundays; 7) All parts shall be stored indoors; 8)
The street side of the fence shall be landscaped
in m:cordance with Section 136.016(h), subject
to the approval of the City's Environmental
Management Division within 3 months of this
public hearing; 9) There shall be no outdoor
sales. displav and/or storage of vehicles; For Sale
signs on vehicles parked an the property shall be
prohibited; and 10) The site design shall be
approved by the Planning and Development
Director within 3 months of the date of this
pubUc hearing and shall include the parking
design meeting all City requirements; the parking
area shall be paved or a variance to the parking
lot surfacing requirements shall be obtained by
the applicant from the Development Code
Adjustment Ooard.
Denied as the request docs not appear to support
the following Standards for Approval of Land
Development Code Section 137.0111dl: 1) The
Use complies with the land use pl:m; 2) The use
complies with all other applicable provisions of
this development code; 31 The use complies with
the npplicable conditional use standards for the
proposed use contained in chapter 136, section
136.025; 41 The use shall be consistent with the
community welfare and not detract from the
public's convenience at the specific location; 51
The use shall not unduly decrease the value 01
neighboring property; and 61 The use shall be
compatible with the surroundinn area and not
impose an excessive burden or have a substantial
negative impilct on surrounding or ndjaccnt uses
or on community lacilities or services.
Approved subject to the (ollowino condition: 1)
The ilpplicant shall obtnin the requisite buildino
permit within six 16l rnonU1S ul this public
hearing.
2
01.14.92
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2.
M&B 34.01, See 15-29.15; M&B 21.01. 21.02
and 21.12. See 22-29-15 (1200 S. Missouri
Ave.. Store 1/200, Sunshine Mall) John S. Taylor
III and Fusco Corp. ILconard L. Farber/Fusco
Management Co/Phar-Mor 01 Fl, Inc. 1 CU 92.02
Request - To permit package sales 01 beer and
wine
Zoned - CC ICommerclal Centerl and RM 28
IMultiple Family Residential
3.
lot 1, Cypress Point Shopping Center 125801
U.S. Hwy 19 NI Oxford/Concord Investments No
1 (Showbiz Pizza Time, Inc/Chuck E. Cheese's
Pizza Rest) CU 92.03
Request - To permit on-premise consumption of
beer and wine
Zoned. CC (Commercial Center) and AL/I
(Aquatic Lands/Interior)
4.
M&B 14.06, Sec 31-28-16 125714 U.S. Hwy 19
N) Life Insurance Co. of Georgia IAvis Rent A
Carl cu 92-04
Request - To permit outdoor retail sales, displays
and/or storage
Zoned - CH (Highway Commercial!
5.
lot 2 and vacated Beach Dr on Wand lot 3,
Miller's Replay 17 Rockaway Sl) Charles and
Ypapanti Alexiou/Andy Alexiou (Rockaway Grill.
Inc) CU 92-05
Request - To permit on'premise consumption or
beer, wine and liquor '
Zoned - CR 28 IResort Commercial)
6.
M&B 13.01, Sec 8-29-15 1150 Island Way.
Island Village Shopping Center) Helga Glaesel-
Hollenback and Hans Bertram.Nothnagel, as
Trustees (Rite Aid of FI, InclRite Aid Discount
Pharmacy #26711 CU 92-06
Rcquest - To permit package snles 01 beer nnd
wine
Zoned - CC ICornmercial Center)
P & Z AGENDA
Approved subject to the foHowing conditions: 1)
The requisite occupiltional license shall be
obtained within six 16) months from the date of
this public hearing; 2) The appliC:Jnt shall obtain
variances to the separation requirements from
school zones nnd for separation from similarlv
licensed establishments; 31 The sale 01 alcoholic
bcvemges shall be restricted to package sales of
beer and wine onlv with no consumption on
premises; and 4) There shall be no deliveries
between the hours of 10:00 p.m. and 6:00 a.m.
Approved subject to the following conditions: 1)
Prior to the issuance or any building permits, a
revised site plan shall be submitted to staff
addressing the conditions or approval from the
November 14. 1991 Development Review
Committee meeting; and 2) An alcoholic
beverage distance variance shall be obtained
from the City Commission.
Approved subject to the following conditions: 11
Prior to the use of the property ror the
Dutomobile storage on site, a revised plan shall
be submitted to staff designating the 12 spaces
usedbv shading or cross-hatching. These 12
spaces must be located at the rear of the parking
lot behind the shopping center; 2) The 12 parking
spaces arc to be used for storage ONt Y. TIlere
shan be no cleaning or maintenance of the
vehicles while they are stored in the parking lot;
31 All landscaping as shown on the certified site
plan shall be installed prior to the use of the
property for any storage; and 4) There shall be
no signs or lettering on the vehicles advertising
the rental 01 said vehicles.
Withdrawn Ilt the request or the applicant.
Approved subject to 11m rollowinlJ conditions: 1)
TIIll requisite occupation license shall be obtained
wilhin six lG) months from the date of this public
hearing; and 21 The applicant shnll obtain
npproval rrom the City Commission ror the
following rninimum distance separation
variances: lOll a variance of 245 fl. 7 ins. to
permit alcoholic beveralJe sales 54 ft. 3 ins. from
a church zone. (bl a VaritH1Ce of 200 ft. to permit
alcoholic beverage sales zero ft. from another 2-
APS package sales eSlablishment IPublix 11104,
2.APSI.
3
01-14-92
7.
Lot 1 and pan of LOI 6, Blk 20, Gould & Ewing's
2nd Add 1615 Cleveland StJ Douglas Brown and
Tom Brown Jr. (Franchi Inc/Casa Firenze
Ristoranlel CU 92.()7
Request. To permit on.promlse consumption of
beer and wine
Zoned - UCICI Urban Center; Core
8.
Lots 8, 9, and 10, Enghursl Add to Clwr (1209 N
Ft Harrison Ave (Wieland trle lDarneatha P.
White/C&D Food Mart) CU 92-08
Request - To permit package sales of beer and
wine
Zoned - CN (Neighborhood Commercial)
D. ANNEXATION, ZONING, LAND USE PlAN
AMENDMENT, LAND DEVElOPMENT CODE
TEXT AMENDMENT, AND LOCAL
PlANNING AGENCY REVIEW:
1.
M&B 13.18, See 17-29.16, located at 205
Elizabeth Avenue (Rush W. Janeyl A 91-13;
Z 91-14
Request - Annexation and land Use Plan
amendment, and establish Zoning district
LAND USE PLAN:
FROM: Unclassified
TO: Medium Density Residential
ZONING:
RM 12 (Multiple Family Residential
2.
Proposed change In land use within shaded area
shown on map and further to include subject
property In the Downtown Clearwater
Community Redevelopment Area (CRA).
Proposes change in the land use classification for
the subject property from Industrial,
Commerclalrrourist Facilities, Residential/Office,
Public/Semi-Public, High Density Residential,
Medium Density Residential, Low Density
Residential, and Recreation to Downtown
Development District/Regional Activity Center.
E, CHAIRMAN'S ITEMS
Approved subject to the following conditions: 1)
The roQuisite occupational license shall be
obtained wilhin six 161 months of thp dale of this
public hearing; and 21 Approval shall be for on-
premise consumption only with no package
sales.
Approved subject to the following conditions: 11
An occupational license shall be obtained wilhln
six 161 months of the date of this hearing; and 2)
The hours of operation shall be from 6:30 a.m.
until 10:00 p.m. on Sunday through TIlUrsday
and 6:30 a.m. until 12:00 midnight on Friday and
Saturday.
Recommended to the City Commission that they
approve the proposed annexation, land Use Pfon
Amendment to Medium Density Residential, and
Zoning Atlas Amendment to RM-12 for Mr.
Janey's property addressed as 205 Elizabeth
Avenue.
Continued to the meeting of February 4, 1992.
1. Election of officers,
Mr. Mazur was named Chairman and Mr. Carassas was named Vlce-Chairrl1an of the Planning and
Zoning Board.
2, Discussion on Rules of Procedure.
This item was continued to tho meeting of February 4, 1992.
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
P & 7. AGENDA
4
01-14-92
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MINUTES
PLANNING & ZONING BOARD
TUESDA Y, JANUARY 14. 1992
Members Present:
Chairman Schwub, Messrs. 13ickerstalre, Curllssas, Hamiltun, Mazur, Merriam,
and Savage.
Also Present:
Scult Shuford, Planning t\lanilger
Pat Fernandez, Rccording Secretary
Chuirperson Schwob Ollllined the procedures fur I.:unditionill uses and advised that anyunc adversely
nffected by a decisiun of the Planning and Zuning Buanl, with regard to conditiollilluses, has two weeks
frol11 this date in which to liIe an appcalthruugh the City Clerk's Office. Plorida Law relJuires uny party
appealing a decisiun of this Board to have tlrccmd or lhe procl.:cdings \0 s\lppon ~hc appeal.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN TJJAT ORDER.
A. APPROVAL or MINUTES
Motion wus mude hy MI'. Merriam, and secomled by Mr. Carllssas, tu approve the minutes uf lhe
meeting of December 17, 199] with one COITcl:tion, rVlotiun carried unanimol1sly (7 to 0).
Corrected Minutes fur the meeting of December 3. 1991 were to have been presented hut were not
av~\ilahlc for review. MOlion wns ll\ad~ by Mr. Hamil\ull, ilml sel:omlell by Mr. Savage, to continue the
minutes of the mecting of Decemher 3, 1991 tu the meeting of Fehruary 4, 1992, Motion carried
t.., unanimously (7 (00).
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D. REQUESTS FOR EXTENSION. DEFERRED AND CONTINUED ITEMS:
I. Lots I and 2, O. Harrington's S\lh. (500 N.Fort Harrison Avenlle) Adriano Battaglini, (Andy's
Auto Repair) CU 90-<i9 ,.,
Request. Review of conuitiunalllse after 90 day trial periud to permit: I) non-comll1ercial parking,
ami 2) vehicle services
P & Z MINUTES
01-14-92
Zoning - CG (Gcncral CUJ11l11ercial) and RM 28 (mulliple family residcntial)
rvlr. Shuford gave lhe background uf the case :tilL! s\lhmttlcd, in writing, the staff reclIllllllcnualion.
Adriano Dattaglini, <Ipplkant, 406 Venelian Drive. Slated he thollglttthe landscaping was already done.
A missing tree was rcplaccd last wcck. r...lr. SituI'llI'd adviscd JllllrC trces wcre nccJcu.
Nu om: appemed in support of this application.
A ICllel' of opposition was received from Lynne S. Palmcr.
In opposition. Davit! Webb, 500 N. Oscl.'olil. ~tatcd hc is Vice-Prcsidcnt of the Harhor Uluffs
COlllJuminiul11 Associatioll. His feels conditions that wen.! to haw takcn place uuring the initiul 12
nmn~hs \rial period did nuL All those things tlmt he said coulu happ~n llid imlccu occur. A hoat Hlll.l a
trailer \Vere purkeutherc fUf 2-3 months. Wheels and tires were stored against the building. Weeds were
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left uncut for lengthy periods. There is a vagrant living in an auto 011 the site and some concrete dehris
is still on the site. Sand from the tot hlows armlllu the l\cighhorhouu. In the past his nssuciation hilS
submitted photos and n petition (77 signaturcs) stating that this rcqucst should not he granted as it would
r~~~'. adversely affect the value of their property, His major cuncern is how long the .lpplicant is allowcd to
perform the conditions the Board mandates.
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Mr. Shuforu stated a trial period is for the Board to ascertain pcrformance and that a specilic period is
given on several cunditions. He qucstioned the six fuot fencc being Cllt uown ,I lower level alld was
adviscd of concerns hy his group that pcople cuuld hide hchind a tall fence.
In rchullal. Mr. lJattaglini stated hc is willing to do whatever is nccessary, including paving the 11It.
In lhe Board discussion they staled the comlitiul1s were outlin~u ami questioned how long it ltlkes to
comply. 111erc is continual miscommunication. Thcy do not walllto put anyone out of business but feel
very little is being accomplished. One membcr stated the lot surface is hard and sces no re,lson to pave
but feels it is between staff and the applicant. Code Enforccment has clout and they would see he
complied or be out of business.
Motion was made by Mr. Hamilton, and seconded hy (vir. lJickerSlafle, to approve the above request
suhJect 10 the following cunditions: I) The direction of glare of lights from both motor vehicles and
illuminating fixtures on the site shall be oriented away from surrounding properties; 2) Perimeter ~md
interior landscaping for Lot 2 shall be provided in conformance with City Code Sections 13G.023(c)
through 0), subject to approval of the City's Environmental M.ll1agement Division; a new landscape plan
shall he submitted showing required irrigmiol1 amI the installmion of three (3) trces located along the west
and south sides of the site (2 trees alung Osceola Avellue and 1 tree along Georgia Street) within 1 month
of this public hearing, with such irrigation and landscaping to he installeLl within 2 months of this puhlic
hearing; 3) The tlpplicant shall provide a five foot wide perimeter planting strip on Lot I along N. Ft.
Harrison Ave. to include a hedge, two shade trces and low volume irrigation; such landscaping shall he
installed in accordance with the National Nursery Standards (a shade tree shall be a minimum of 8 feet
overall in height with 1.5 inches caliper mcasured 6 inches ahove grade and the shrubs shall be a
minimum 24 inches high, 1.5 feet apart (3 feet at center); both stamlanls to apply at time of planting)
subject to the approval of the City's Environmcntal (vlanagcmcllt Division within 1 month of this puhlic
hearing; 4) All used tires, parts, and similar ohjcl.:ts shall he stored in the building or other enclosed
structure; 5) All service facilities shall he indoors; major repairs, including ellgine or transmission
dismantling, painting, body, fender, <lnd l1lufJ1er work shall not be allowed; G) Vehicle service work shall
be restrictcd to 7:00 a.m. - 6:00 p.m. Monday through Saturday, with no service work done on Sundays;
7) All parts shall be stored indoors; 8) The street side of the fence shall be landscaped in accordallce with
Section 136.0 16(h), subject to the approval of the City's Environmental Management Division within 3
months of this public hearing; 9) There shall be 110 outdoor sales, display andlor storage ufvchiclcs; For
Sale signs on vehicles parked on the property shall he prohibited; ami 10) The sit~ design shall be
, approved by the Planning Hnd Development Director within 3 l110lllhs or the date or this public hearing
ami shall include the parking design meeting all City requircmcnts; the parking area shall he paved or
a variance to the parking lot surfacing requirements shall he ohtained by the applicant from the
Developmcnt Code Adjustment Board. If a variance to the parking lot surfacing rcquirement is to be
ohwined the appl ication shall be submittcd with in 30 days. MOl ion carried (5 to 2) with Mr. Savage and
Mr. Merriam voting "nay".
2. Lots I and 2, O. Harrington's Sub, (500 N. Fl. lIarrisoll Avcllue), Adriano Battaglini (Andy's
Auto Rcpilir) CU 91-82
Requcst - To permil outdoor retail sales, displays, alld/Ilr sloragc or lIsed I.:ars
Zoned - CG (Gellcrnl Comlllcrdal) and R"I 28 (Multiple family rl'sidential)
P & Z MINUTES
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01-14-92
Mr. Shuford gave ~1e background of the case ami suhmitted, in writing, the staff recommendation.
Adriano Dattaglini; applicant; 406 Venetian Drive; slated he would like two or three cars in the front for
r~ display. He feels Ulis is necessary for him to remain profituble and stuy in husiness.
No one appeared on behalf of the applicunt.
In opposition; David Webb, 500 N. Osceola, stated sale signs have been un cars on the lot in the past.
Recently a car out front had a price on it and when Code Enfon:cmcnt came they were advised that it was
a customer's vehicle and the customer hull a tor sule sign in it.
A letter of opposition has been received from Lynne S. Pnlmcr.
The Bourd hilS empathy for the upplicant but feels his husiness is not on a suitahle site. They recognize
he owns the property hut feel he madc a poor choice in purchasing that location fix his husiness.
Another memher stated that sales is a nalural extension or rcpuirs and tlmt sales should be ullowed for
a limited number of vehicles.
Motion was made by Mr. Hamilton, and seconded hy Mr. Carassas, to deny as the request does not
uppear to support the folluwing Standurds fur Approval or Land Development Coue Section 131.01 1 (d):
I) The use complies with the land use plan; 2) The use complies with all other applicable provisions of
this development code; 3) Tbe use complics with the applicable cundilional use standurds for the proposed
use contained in chapter 136, section 136.025; 4) The use shall be consistent with the community wclfnre
and not detract from the public's convenience at the specilic location; 5)The use shall not unduly decrease
the value of neighboring property; and 6) 111e use shall be compatible with the surrounding area and not
impose an excessive burden or have a substantial negative impact on surrounding or adjucent uscs or on
community facilities or scrvices. Upon roll cHlI, the vote was:
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"Ayes": Carassas, tv1azur, Schwoh, Hamilton, Savage, Merriam
"Nuys": Bickcrstaffe
Motion carried (6 to I).
C. CONDITIONAL USES:
I. M&13 13.07, See 8.29-15, (249 Windward Passage) Clearwater Municipal Marina, Slip 1-32
(Clearwater Marine Science Center, Ine,) CU 92-01
Request - To permit marinn boat lift
ZOllcd - CG (General COl11merei<l' and ALlC
(Aquutk: Lands/Coastal)
Mr. Shuford gave the background of the case anti suhmillcd, in writing, the stnff recommendation.
P & Z MINUTES
3
01~14-92
Richard Daden, applicant's representative, 2116 Egret Drive, stated he had nothing to add to st<\rrS
recornmendution.
No persons appeared in support or or in oppositioll to the ahove requcst.
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l"lotion was madc by Mr. "'lazur, and seconded hy t...l r. Carrasas, to approve the above request suhject
to the following condition: 1) The applicant shall obtain the requisite huilding permit within six (6)
months of this public hearing. I Motion curried unanimously (7 to 0).
2. M&B 34.01, See 15-29615; M&IJ 21.01, 21.02 and 21.12, See 22~29-15 (1200 S. MisSlIlIri Ave.,
Store #200, Sunshine Mall) John S. Taylor tIf amI Fusco Corp. (Leonard L. Furber/Fusco
Management Co/Phar~Mor of FI, fnc.) CU 92"()2
A
Request - To permit package sales of beer amI wille
Zoned - CC (Commercial Center) and RM 28 (Multiple Family Residential
Mr. Shuford gave the background of the case amI submitted, in writing, the staff recommendmion.
Jeffrey Hamilton, applicant's representative, 1206 Manatee Avenue West, Dradenton, stated he has no
problem with the conditions as set forth. 'nlis is a relucatiun from across the street and they will operate
both a discount drug store and a separate package sales slore.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, amI seconded by Mr. Savage, to approve the above request subject
to the following conditions: l) The requisite occupalionallicense shall he oblained within six (6) months
from the date of this public hearing; 2) The applicant shall obtain vnriances to the separation requirements
from schuol zones amI for seraration fwm similarly licenscd establishments; amI 3) There shall he no
deliveries between the hours of 10:001'.111. and 6:00 a.l11. Motion carried unallimously (7 to 0).
3. Lot I. Cypress Point Shupping Center (25801 U.S. Hwy 19 N) Oxford/Concord Investments No
, I (ShowBiz Pizza Time, fne/Chuck E, Cheese's Pizza Rest) CV 92-Q3
Request - To permit on-premise consumption of heer nnd wine
Zoned - CC (Commercial Center) and ALII (Aquatic Landsllnterior)
I" ' Mr. Shuford gave the background of the ease and submitted, in writing, the staff recullll11endation.
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Frank Slanonis, applicant's representative, 501 E. KellneJy U1vd., Tampa, staled this is a family-oriented
center and noise should be no problem at this lucation.
Ms. Alice Winter. arl)licant, 4441 W. Airport Freeway, Irving. TX. is the Vice. President, Shuw Biz
Pizza Time, Inc. in charge of Real Estate. and advised this wm be a corporate site. 11lC landlord will
not be renewing the lease for a present occupant.
No persons arreared in support uf or in opposition to lhe a!1m'e request.
Motiun was made by Mr. BickerstalTe. amI sCl.:llndcd hy (\'11'. Carassas, to approve the ahove rcqucst
subject to the following conditions: 1) Prim to th~ iss\lance of .Ill)' building permits, a revised site rIan
shall be submitted to stafr addressing the conditions of nppruval from the Novemher 14, 1991
Development Review Committee meeting; alld 2) All alcoholic heverage distance variance shall he
ohtained from the City Commission. Motion carried unanimuusly (7 to 0).
P & Z IvllNUTES
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01-14-92
4. l\'I&D 14.06. Sec 31-28-16 (25714 U.S. Hwy 19 N) Life Insurance Co. ofOcorgia (Avis Rent ^
Car) CU 92-04
Request - To permit uutdoor retail sales, uisplays and/ur stor,lgc
Zoned - CH (II ighway Commercial)
Mr. Shuford gave the hm:kgroulllllJf the caSe and suhmitted, in wriling, the staff recommendation.
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Harry Cline, applicant's representative, 400 Clevelaml Street. stated they want to upemtc II car rental
business and store 12 cars in a designated area. Thcir only question is the stafr's suggested requirement
to improve landscajJing along the perimeter of one side of the' strip center.
l~ No persons lip pea red in support of or in opposition to the ahove request.
Motion was made by Mr. Hamilton, and secunded by Mr. Merriam. \0 approve lhe above request suhject
tu the folluwing conditions: 1) Prior to the use of the properly for lhe mHot\1ohilc sturage on site, a
revised plan shall be submilted 10 staff designating the 12 spaces used hy shading or cross-halching.
These 12 spaces must be located at the rear of the parking 101 behind the shopping center; 2) The 12
p~lrking spaces are to be llsed for storage ONLY. There shall he no cleaning or maintenance of the
vehicles while they are stored in the parking lot; 3) All landscaping 3S shown on the certified site plan
shall he installed prior to the use of the properly ror any storage; and 4) 111ere shall be no signs or
lettering on the vehicles advertising the rental of said vehicles. Motion carried unanimously (7 10 0).
5. Lot 2 and vacaled Beach Dr on Wand Lot 3, Miller's Replay (7 Rockaway St) Charles and
Ypapanti Alexiou/Andy Alexiou (Rockaway Grill, Inc) CU 92-05
Request - To permit on-premise consumption of beer, wine and liquor
Zoned - CR 28 (Reson Coml1lercial)
This request has been withdrawn al the request of the applicant.
6,
M&B 13.0 I, Sec 8-29-15 (150 Island Way, Island Village Shopping Center) Helga Glaesel-
Hollenback and Hans Bertram-Nothnagel. as Truslees (Rile Aid of FI, InclRitc ^ ill. Discount
Pharmacy 112671) CU 92-06
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Request - To permit package sales of beer and wine
Zoned - CC (Commercial Center)
Mr. Shuford gave the background of the case and submitted, in writing, the starr recommendation.
Ms. Enola Brown, upplicant's rcprc.'lentativc, 20 I E. Kennedy Blvd., Suite 800, Tampa, 33602, swted
this is an existing pharmacy and they want to add pal.:kage sales like lhey provide in olher Rile Aid stores.
Sales are expected to be 4-5 % ~)f their total sales,
Mr. Bruce Knight, Rite Aid District Supervisor, J2143 lOOUI Avcnue N., Scminolc, 34642, advised that
Ms. Brown was hired by Rite Aid to representlhem with Ihis application. He staled employees undergo
a training program to learn the rules and regulations of lllcoholic beverage sales.
No one appeared to speak on hehal f of this request.
In opposition, John Ileckert, 654 Snug IslamJ, is related by marriage to the uwners uf Island Estate
Liquors. They learned of this requesl last Wednesday and so far hu\'e 177 Island Estales residenls
signatures opposed to this request. In answer to a qucstion, lhe petition was 011 the counter at the liquor
store anti lhe Sertoma Club helpcd ohttlin signlllurcs. He would like a copy of this petition provided to
the City Commission for the variance hearing. He feels this will hurt their small business. The liquor
Slore and Les Partners are the same operation. Mkhael's Pharmacy, there for ten years lIT so before Rite
Aid, d ill not sell alcoholic beverages and he feels there is no need for furlher compel itlon.
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01-14.92
In opposition, Rosemary A. Zaleski, 6740 Burl ington A venue NorUI, Sl. Petersburg, 33710, stated she
is President of the Island Eslates Liquor Store/Les Partners Lounge, She feels residents are nut deprived
"-...1
uf anything uml have plenty of access to purchase alcoholic heverages. She feels hl\ver prices on heel'
wiII aUract a lower class of c1ierllcle which they uo not wanl.
III rebuttal. Ms. Drown. stated she wanted to emphasize they arc an existing drug sture amI feels it is
I~<, compatible with existing uses. Alcoholic sales will be H small portion of their sales. Further she feels
that a business has the right to decide on the items they chose to sell.
In the Board discussion, it was agreed they have no grounds to deny applications haset!lll1 cOIllpetition.
Recalling Pick Kwik they do not fed the Board could deny this rt.!qucsL Pcrhaps shopping center tenants
in their leases could control future competitive businesses in the center.
Motion was made by Mr. Hamilton, and seconded by Mr, Bickcrstaffe, to approve the above request
subject to the following conditions: J) The re'lu isite occupation license shall be obtained with in six (6)
months from the date of this public hearing; and 2) The applicant shall obtain approval from the City
Commission for the following minimum distance separation variances: (a) a vmiance of 245 ft. 7 ins. to
permit alcoholic beverage sales 54 ft. 3 ins. from a church zune. (b) a variance of 200 ft. to permit
alcoholic beverage sales zero ft. from another 2-APS packnge sales establishment (Publix #104, 2-APS).
Motion carried (5 to 2) wilh Mr. Bickcrstaffe and Mr. Merriam dissenting.
7, Lot 7 and part of Lol 6, B1k 20, Gould & Ewing's 2nd Add (615 Cleveland SO Douglas Drown
ami Tom Brown Jr. (Franchi Inc/Casa Fircnzc Rislorantc) CU 92~07
Request - To permit on-premise consumption of beer and wine
Zoned - UC(C) Urban Center; Core
Mr. Shuford gave the background of the case unu suhmitted, in writing, the slaff recommendation.
.'
Ms. Giosi Tonarini, applicant, 980 Narcissus Avenue, Clearwater BC01Ch, will operate a North Italian
restaurant featuring dining with no entertainmcnt.
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No persons appeared in support of or in opposition to the above request.
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01-14-92
Motion was made by Mr. Hmnilton, ,md secomlcu by Mr. ~\'1crriam, to ,lppl'lWe the ahove request subject
to the following conditions: I) The rcquisite'occupalionallicellsc shall he obtained wilhin six (6) months
of the date of this public hearing; rind 2) Approvnt shall bc for on-premise consumption ollly with no
package sales. Motion carried unanimously (7 to 0).
8, Lots 8,9, and 10, Enghurst Add to Clwr (1209 N Fl lIarrison Ave (Wieland Irle (Darneatha p,
Whitc/C&D food Mart) CU 92-08
Request - To permit package sales or becr and wine
Zonet! - eN (Neighborhood Commercial)
Mr. Shuford gave the hackgrounu uf the case :Iml suhmilled, ill writing, the starf rccommcndation.
DarnC<tUJa P. White, applic:U1t, 1539 Misty Plaleau Trail, stated their plans are to have the license for
beer and wine in the convenience store as well us sell gasuline,
Curtis L. White, 1539 Misty Platc;lU Trail, advised they have operatcd a store since April 1991 at Sunset
Point and Douglas and have established a sct or valucs. Tht.!y sell a quality product at a good price from
clean facility and provide excellent service. Their Illajor incomc will come from gasoline, cigarettes and
thc sale of alcoholic beverages. Beer and wine combined are cX(lectet! to be at least 25 to 30% of the
~lJ.l;;/
sales. Thcy plan to use the space all the way up to the ceiling for lIlurchandising. Employe!.:s an.~ trained
un alcoholic rules and violatiun will mean lCrlllinatiun for the sccond offcnse.
No persons appeared in support of or in opposition to the above request.
, rr-,\
Mr. Shuford indicated that Lt. Williams uf the Police departmclll was tu address this application but that
he was not present. Staff has received nuthing negative from the police concerning this application,
The Board was imprcssed wilh the applicants and agl'cl!d they madl.! an excellent presentation. They
reviewed a fax of the 1985 minutes relating 10 the llIotion cuncerning this locmion which carried wilh n
vote of 5 to I. The ncgutive VOleI' stmcLl he could not SCl.! any positive cffect the operation would have
un the community.
Motion was mlldc by Mr. Bickerstaffe, muJ seconded hy Mr. Savage, to llpprove the above request
subject to the following conditions: I) An occupational license shall be ohtained within six (6) months
of the date of this hearing; and 2) The hours of operation shall be from 6:30 a.m. until 10:00 p.m. on
Sunday through Thursday and 6:30 a.m. until 12:00 midnight on Friday and Snturday. Mution carried
(6 to I) with Mr. Hamilton casting the negative vote.
D. ANNEXATlON, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL
PLANNING AGENCY REVIEW:
1. M&B 13.18, Sec 17-29-16, located at 205 Elizabeth Avenue (Rush W. Janey) A 91-13;
Z 9I~14
Request - Annexation and Land Use Plan amendment, amI estahlish Zoning district
...
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LAND USE PLAN:
FROM: Unclassified
TO: Medium Density Residl.!ntial
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ZONING:
RM 12 (Multiple Family Residential
Mr, Shut'md gave the background of the cm;c amI submiltcd, in writing, the staff rccummemlation.
No persons Hppeared in support of ur in opposition to the abovl.! request.
t\'lotion was made by Mr. Bickerstal'J'e, and scclllldcd by r-,'I r. Hamilton, recommend ing that the City
Commission approvc the proposed anncxation. I.and Use Plan AJl1cndrncllt to Mediulll Density
Residential, and Zuning Atlas Amendment to Rtvl-12 for (\,Ir, Jancy's propeny addressed as 205 Elizaheth
Avenue. Motion carl'kd unanimollsly (7 to 0).
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01-14-92
2. Proposed change in land use within shadcd arca shown on map and further tu include suhject
property in the Downtown Ckarwiltl.!l' COllll1lunity Redevelopmcnt Area (CRA). Proposes change
in the land llse c1assilicalioll for the subject property fl'Ollllmlustrial, COllll11ercial/Tuurist Fucilities,
Rcsidential/Of/ice, Public/Scmi-Puhlic, H igll Density Residcntial, Mediulll Density Residential,
Luw Density Rcsid!.:lIlial, and RCl:rcatioll tu DOWlllown Devclopmcnt District/Regional Activity
Center.
Mr. Shuford gave thl.! hackground or till.! land lIse plan change and the cxtcnsion of the eRA. The Plan
~l is intended to be short tcrm and Ill.!xihtc, Today thl.! Board was askcd to rccullll1lcl1ll approval to the City
~,
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Commission of two items mlvel'liscd. Mr. Mazur needs further feedhack from the COlllmission on any
changes to Drew Street for the Maas Brothers Task Force, Philusophically Mr. Schwoh tlsked, if before
they voted to expar~J, was the City Commission guing tu reevaluate whether the CRA is the way to go,
or has it been effective.
Victor Cicero, 1730 Rosary Road, Largo, statell his cuncern is that he runs a successful business,
Clearwater Radiator, at Greenwuod nnd Gould and that his operation would become a non-conforming
use. They learned of this hearing when they slUpped in the Planning and Developmcnt Office with plans
to expand their business. He has been in his present husiness t<.lr t6 years, they have 3/4 UCl'C :\lH.I want
to add 7500 sq. n. on two adjoining lots they have purchased, In addition they have two other lucations
which are not in the nffected arCH. They did,not see any notificatiun and Il!arned of this when they
brought new plans into lhe Planning Department. They feci they should have been notified, Mr. Shuford
adviser..! individuals will be notifieu with a letter at the time or the Zoning Atlas amendments.
Mr. Cicero's business is in an area occupied prcdumin:llllly by :lUtomotive repair shops. Mr. Shufurd
stated that the existing permitted uses perhaps helped to muke dowl1lown as unsuccessful <IS it is today.
Motion was made by Mr. Hamiltun, and seconded by Mr, BickerstalTe, to continue Item 0-2 to the
meeting of February 4, 1992, MOlion carried lInanimollsly (7 to 0).
E. CHAIRMAN'S ITEMS
I. Election of officers,
Last year informally they agreed to select a chairman for a onl.! year terlll to be succeeded by another
member, They feci the Chairmanship is educational and wam to avoiLllhe stigma of a member feeling
upset if he WilS not reelected,
MOlion was made hy Mr. Hamilton, and seconded hy Mr. Savage, to name Mr, t\'lazur Chairman of the
Planning and Zoning Bllard, Motion carried unanimously (7 to 0).
Motion was made hy Mr. Hamilton, and seconded by Mr. Mazur, tll name Mr. Carassas as Vice-
Chairman of the Planning and Zuning [Joanl. Motion carried unanimously (7 to 0).
With the election over, Mr. Mazur assllllled the role of Chairman.
2, Discussion on Rules of Procedure.,
This is the annual review and 11pdate of the rules ur procedure. 11,'11'. Mazur fecls these procedures could
be hroken uown into sections slIch as rules, regulations and policies.
Discllssion W:IS as follows:
5houl1l the informal agreement on chainnanship I'llI' lln~ year be placed in the procedures, It WilS felt it
u ill not need to he added,
Paragraph Section Gc: Is not understandable.
Page 4 : DilTcrcncc bctween incunsistent and not cunsistent
Page 2:
Sectiun 6a Voting ducs not mention roll i:i111. Suggested wurding: Voting shall
he hy vuke vllle. amI ~hall he rc..:mdctl by imlivir..!ual "aye" or "nay". ^ roll
call vote can be called for by an)' member.
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01-14-92
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Pg. 2, Sec. 6b Abstention: Mentions that person who ahstains canl\~ll vule hUl UOCS I\ol mel\tion they
cannot entcr into d iSClIssioll. '
Section 6c:
Has no title and Mr. Merrial1llws some suggested rcwording as it is ambiguous.
It is almost verbatim from the city codc. The substance will stay the sume hut
he fcels it could he clarilied. lie feels the section should be titled Approvals.
(F~
Section 5: Quorum lists four for COfHHtillnal use mullers. It was felt it should be four for
any action. Wording: Four mcmbers shall constitute a quorum.
Section 4 Attendance: Does it mean excused abscnces as well?
Hcarings, Article 6: On a rchearing, after public hearing is closed and applicant is asked to come
back. h should be spelled out that only the applicant would speak at a rchearing
unlcss the Doard asks a qucstion of verilication or clarification. If more
information is asked for thcn the possibil ily of rebuttal is nccessary.
Mr. Merriam has agreed to meet wilh Mr. Shuford on Wcdnesday, January 15, 1992.
F. DIRECTOR'S ITEMS
The Pick Kwik order was discussed as well as the condition of tieing in a condition with their
competition. Mr. Hamilton inquired as to why Palm Pavilion was listed as an appellee. They were an
interested outside participant who requested infurmatiun amI not a party to the action.
G. BOARD AND STAFF COMMENTS
The present fee structure for variances and conditional uses and the news coverage of same was
(C'" mentioned. The Board inquired as to any resenrch done on conditional use fees falling in line with other
,,,,,,.,J fees set. The fees appeared high in comparison to other communities. Collecting partinl rcimhursement
or a perccntage of experyses was alluded to as 1I possibility in sclling fees.
The meeting was adjourned at 6:45 p.m.
,I
James M. ) llalty, Jr., Director, Pia n IIg & Development
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01-14-92
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