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02/04/1992 (2) ;oJH>>to-,..\ PLEDGE OF ALLEGIANCE INVOCATION II ACTION AGENDA PLANNING &. ZONING BOAnD MEETING TUESDAY, FEOnUARY 4, 1992 . 1 :30 PM !ISM A. APPROVAL OF MINUTES 1. Approved (motion Mr. Schwab, second Mr. Hamiltonl minules of December 3, 1991 with revision as noted. Motion carried unanimously 17 10 01. Approved Imotlon Mr. Schwab, second Mr. IJlckerstallc) minules of JanuDry 14, 1992 with corrections. Mollon cDlfled unanimously 17 to 01. CONDmONAL 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 OATI-/' 1. 2. 3. 4. 5. 6. . ,~. ...., 1. ......_~ B. 9. 10. ll. 12. 13. The Chairperson reads from the Public Hearing Notice each item as It Is presented. The staff report and pertinent background informDtion arc presented. . 5 minutes maximum. Staff presents any supporting wrltten 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 ",inutes maximum for each Individual; or spokesperson for group - 10 minutes maximum. Persons who oppose the application spe;)\( . 3 minulCs maximum tor each individual; or spokesperson for group - 10 minutes maximum. Persons supporting the application lather than applicant) mDY speak in rebullDI . 3 minutes maximum. Persons opposinl) may speak in rebuttal. 3 minutes maximum. The applicant has an opportunity for final rebullal . 5 minullls Irlllldmurn. Public Hearings are closed. Discussion by tho Board. The Board makes a decision. FLORIDA STATUTE 286.0105 STATES: ANY PEnSON APPEALING A DECISION OF TillS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. 1. . 'F~'. ~- -- -..... REQUESTS FOR EXTENSION, DEFERnED AND CONTINUED ITEMS: Continued from 1 f14/92 Un Proposed change in land use within shaded area shown on lJlap and furlhur 10 includo subject property In the Downtown Clearwater Community Redevelopment AH!D ICnAI. Proposes ell/WOO In tho Innd use classilicatian far the subject property from Industrial, Commercialffourist Facilitios, nesldul1tinl/Ollico, Public/Semi. Public, High Density Residential, Medium DensBy Rusidential, Low Dllllsity nusldontinl, and Recreation to Downtown Development Distric\lFlcOional Activity Ccntm. Deny motion bV Mr. Hamillon with second by Mr. Carassas to approvo undorsomunt to Cl1y Commission change at land use within the shuded area shown orl Ihe lllllp in thu advertisement and to channe the land use classification lor the subieCI property Irom imlustriul, commercial/tourist facililies, resldential/offico, public/semi-public, hiOh donsity rosldontial, medium density residential, low density residenlial, and recreation to downtown devcloplllunt district/regional activity center. Motion to approve denied (4 to 2]. P & Z ACTION AGENDA 02.04.92 .......~. , \...~/ ,-,/ C. CONDITIONAL USES: " 1. Lot 2, Clearwater Tower Sub (33 N Garden Ave, Suite 12001 MAS One Ltd Partnership 1600 Club CorpfThe Clearwater Club CU 92'()9 Request - To permit on-premise consumption of beer, wine, and liquor Zoning - UC~C) Urban Center Core Approved (motion by Mr. Schwab, second by Mr. Meerlam) subject to the following conditions: 1) The requisite occupational license shall be obtained within six (5! months from the date of this public hearing; and 21 The sale of alcoholic beverages shall be restricted to consumption on premises with no package sales. Motion carried unanimously (5 to 0). 2. Lot 1, less toad right-at-way on south, Gulf to Bay Gardens (2820 Gulf to Bay Blvd! Kien-Sun and Yu- Mel Chen (Chun Kin Ko/Formosa Chinese Rest! CU 92-10 Request - To permit on-premise consumption of beer and wine Zoning - CG (General Commercial) Approved (motion by Mr. Schwab and seconded by Mr. Blckerstaftel subject to the following conditions: 11 The requisite occupational license shall be obtained within six 15! months tram the date of this public hearing; 21 The applicant shall provide perimeter landscaping materials to be Installed 10 conformance with Section 136.023 of thn land Development Code within six 16) months from the date of this public hearing; 31 The parking lot shall be restriped and handicapped spaces shall be delineated In conrormance with City code within six (61 months from the date of this public hearing; and 4) The applicant must indicate an awareness of Section 72.19C of the City Code regarding operation of alcoholic beverage establishments. Motion carried unanimously (5 to OJ. 3. M&8 44.04 and 44.041, See 19-29-16 118514 U.S. 19 NI Harold S. Wilson, Trustee (ExotiCarl CU 91- 11 Request - To permit (11 outdoor retail sales, displays, and/or storage; and 121 wholesaling/distributing Zoning . CH (Highway Commerciall Deny (motion by Mr. Blckerstaffe, second by Mr. Merriaml agenda item C-3. Wation to deny carried 13 to 21. D. ANNEXATION, ZONING. LAND USE PlAN AMENDMENT, LAND DEVelOPMENT CODE TEXT AMENDMENT, AND LOCAL PlANNING AGENCY REVIEW: 1. M&B 12.01, Sec 17-29-16 141 acres m.o.I.), (southeast corner of Drew St and Hampton Rd! Brown Assoc., lid-IIi Kennedy Assoc, Ltd. and Roberts Assoc, Ltd-It (Island In the Sun Mobile Home Parkl A 91-14; LOP 91-15 Request - Annexation and Land Use Plan amendment, and establish Zoning district LAND USE PLAN: FROM: Unclassified TO: Medium Density Residential ZONING~ RPD IResidential Planned Development) Approved (motion bV Mr. Bickcrstafle nnd second by Mr_ Carassasl to: (11 Endorsement to the City Commission 01 the proposed Annexation, Land Use Plan Amendment to Medium Density Resldentfal, and Zoning Atlas Amendment to RPD as they appears to be supported by the Standards for Approval of the Land Development Code, Sections 132.005, 137 _015Iel, and 137.016Iel: and 21 Request staff research of the six 161 foot sidewalk easement and its ramifications for future right of way and utility improvements. Motion carried unanimously 15 to 01. P & Z ACTION AGENDA 2 02-04-92 .1 ~~ . (-:-) , ,--,I , ~ \- n rn@J!O\VIrnl~ ~E~ 8 1992 J -\ . CITY .91::~?V ')G:P~( u P & Z ACTION AGENDA 3 02.04.92 . 1 " j '. . . ':.. .., .' ~"" . .'; , .' . " . L. / . . '. . .... . . .~ , -.. . '...... ~ MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, FEBRUARY 4, 1992 - 1:30 PM I ) 1<: ".,' ~-'.;"h_.__ " '..', ':! I..~ ;1 \)'1 ,.:' i . : . \ I . --- , -..~::, ..:.. 1./ J. II' J ! t ,: :. I ".,."... i, I . ("/ FEe 25 1992 .i."~, ~ ~. \-:_' ~ ~~... ."4. _ , __~_ I_~ ". ,k . ~ .1' I ~ { PLEDGE OF ALLEGIANCE INVOCATiON Members Present: ChaIrman Mazur, BlckerstaHe, Carassas, Hamilton 1I0lt 3:20 pm), Merriam, Savage lIeft 3:00 pml and Schwab. Also pro sent: Betty Deptula, Assistant City Manager James M. Palatty, Jr., Director PlannIng and Development Scott Shuford, Planning Manager Pat Fernandez, Recording Secretary Chairperson Mazur outlined the procedures for conditional uses and advised that anyone adversely aHected by a decision ot the Planning and Zoning Board, with reg<lrd to conditional uses, hns two weeks from this date in which to file an appeal through the City Clerk's Dlfice., Florida Law required any party appealing a decision of this Board to have il record of the proceedings to support the appeal. ITEM A. APPROV Al OF MINUTES Approved (motion Mr. Schwab, second Mr. Hamilton) minutes of December 3, 1991 with revision as noted. Motion carried unanimously 17 to 01. Approved (motion Mr. Schwob. second Mr. Bickersta(fel minutes of January 14, 1992 with corrections. Motion carried unanimously 17 to 01. B. REOUESTS FOR EXTENSION, OEFERnED AND CONTINUED ITEMS: 1. Continued from 1/14/92 ---- Proposed change in land use within shaded area shown on map and lurther to include subject property in the Downtown Clearwater Community Redevelopment Area ICnA). Proposes Change In the land use classification for the subject property from Industrial, CommercialfTourist Facilities, Residential/Office, Public/Semi-Public, High Density Residential, Medium Density Residential, low Density Residential, and Recreation to Downtown Development District/Regional Activity Center. Mr. Shuford provided additional information regarding the eRA and submitted, In writing, the slaH rccommendation. Deity Deatula. Assistant City Mannl1cr, discussed the history of the CRA and the funding mechanism (Tax Increment Financing or TIF). Its revenues and capltal improvements were covered Irom inception in 1983. Restrictions prohibit use for general gOl/emment operations including a new city hall but pays for the Economic Development office. E!Q: (1) Gren Jewell. President, North Fort Harrison Business District Association. Believes northern boundary should be expanded to Stcphenson Creek, They feel left out and ask why the East End project is included when it is 50 far away from the business district. Con: (1) Arthur Deenan. B91 Island Wav. stated that: (11 The purpose should have measurable indicators of success as part of objective of overall plan; 121 Bedore this plan is approved, the city should compile a 10 year evaluation report to the citizens listing oriuinill objectives; (3) Many businesses would become non-conforming. This represents a hardship and he believes no expansion should be done until the CRA proves its success; 14l There should be a spccillc plan; 15) The East End project properties were bought with city money and should not be included; (61 An additional new park like Station Square Is not necessary; 171 Why is a conditional use required for transportation depot in bay front (believes should be 'allowed use' tool; and IBI Cannot understand the continuation of new high-rise 011 ice complexes when plCsent complexes are struggling. P & Z MINUTES 02.04-92 .' /.-........, , , , .....-...-.. c..............". (2) Victor Cicero. 1730 RosarY Road. Laroo . Opposed as plan would adversely affect his N. Greenwood business and current plans to enlarge. , (31 Carol Cicero. 1730 Rosary Road. LarclO - Opposed: 111 Believes problems should be solved before land use change Is approved; and 121 Boarded up buildIngs are an eyesore and she asked how long they would remain that way. Board Concerns: 111 Would this plan place a financial burden on the subsequent resale of a business within this area; 121 Would non-conforming uses be allowed to continue, expand or rebuild In the event of fire, etc.; 131 Consideration of the land use plan changes should not occur without considering ..a..!J changes proposed in the Plan; (41 Improvements have been made downtown that might net have been made without the CRA and the county funds; (5) Several members were opposed to this transition plan exoandino the boundaries to include 125 more acres until they see CRA successes in aiding business growth; and (8) The citizenry needs to be better Inlormed to gain taxpayer support for this project. Motion by Mr. Hamilton with second by Mr. Carassas to approve endorsement to City Commission on change of land use within the shaded area shown on the map in the advertisement and to change the land use classification for the subject property from Industrial, commercIal/tourist facilities, residential/office. public/semi-public, hIgh density residentIal, medium density residential, low density residential, and recreation to downtown development district/regional activity center. .' Upon roll call, the vote was: M Aves.; Hamilton, Carassas "NaysM: Bickerstaffe, Schwab, Mazur, Merriam Motion to approve was denied (4 to 2). C. CONDITIONAL USES: 1. Lot 2, Clearwater Tower Sub 133 N Garden Ave, Suite 1200) MAS One Ltd Partnership 1600 Club CorplThe Clearwater Club CU 92-09 Request - To permit on-premise consumption of beer, winet and liquor Zoning - UCIC) Urban Center Core Mr. Shuford gave the background of the case and submitted, In writing, the staff recommendation. Mr. Mazur stated that he Is a member of this club, receives no monetary benefit and does not consider voting on the matter to be a conflict of Interest Other members were asked to comment. Mr. Bickerstaffe who was a member of the prior Hmborview Club agreed with Mr. Mazur's view. Applicant's representative, Elise Winters. 600 Cleveland Street, Suite 600 stated thllt this is a private social club for business and social matters. Thero are no set restrictions. > No persons appeared in support of or in opposition to the above request. Approved (motion by Mr. Schwab, second by Mr. Merriam) subject to the following conditions: 1) The requisite occupational license shall be obtained within sll( (61 months ham the date of this pUblic hearing; and 21 The sale of alcoholic beverages shall be restricted to consumption on premises with no package sales. Motion carried unanimouslV (5 to 0). 2. Lot 1, less road right-at-way on south, Gulf to BllY Gardens 12820 Gulf to Bay Blvd) Klen-Sun and Yu- Mei Chen IChun Kin Ko/Formosa Chinese Rest) CU 92-10 Request - To permit on-premise consumption of beer and wine Zoning' CG {General Commcrcillll Mr. Shuford gave tho bllckground 01 the case llnrl submitted, in writing, the stlllf recommendation. Applicant's representative, Vel Mav Wa, 3319 FOl( Hill Drive, 34621, stated when applicant purchased business she did not continue with the alcoholic license. The applicant will, iI given written instructions, follow the dictates of the board. Mr. Lopez (manager on application who received an unsatisfactory pOlice report! will not be working there. P & Z MINUTES 2 02.04.92 ~.--~..~ l "-~.j Applicant, Churl Kin Ko, 2909 Gulf to Bay, Apt. 0, 34619, stated she Is requesting a new license as will be an aid to her business. She did not pursue this previously due to the financial costs involved. , No persons appeared In support of or In opposition to the above request. Approved (motion by Mr. Schwab and seconded by Mr. BickcrstaHel subject to the following conditions: 1) The requisite occupational license shall be obtained within six 161 months from the date of this public hearing; 2) The applic<Jnt shall provide perimeter landscaping materials to be installed In conformance with Section 136.023 of the Land Development Code within six (6) months from the date of this public hearIng; 31 The parking lot shall be rcstripl!d and handicapped spaces shall be delfnented in conformance with City code within six (6) months from the date of thIs publiC hearing; and 4) The applicant must indicate an awareness of Section 72.' 9C of the City Code regarding operation of alcoholic beverage establlshmems. Motion carded unanimously 15 to 0). 3. M&B 44.04 and 44.041, Sec 19-29-16 118514 U.S. 19 NI Harold S. Wilson, Trustee (ExotiCarl CU 91- 11 Acquest - To permit (1) outdoor retail sales, displays, and/or storage; and 121 wholesaling/distributing Zonlno ~ CH IHighway Commerclall I . Mr. Shuford gave the background of the case and submitted, In writing, the staff recommendation. Applicant's representative, Harold Wilson. 2380B Drew Street, stated the applicant has a wholesale busIness. of luxury automoblles. Applicant, James Rav, 18514A US 19 North, has been locnted here for almost three years. He can store and unroad cars at a business he owns (Budget Rental) that is adlacent to this property. E!Q: None Con: (11 Frank Kunnen. 22067 US 19 North. Reprosents four adjacent separately owned building in this executive-type oUice complex. The original five unit owners signed an agreement in which they agreed to treat all units, driveways, water. etc. as a common entity. Two-thIrds of the owners [by amount of rloor spacel need to agree to a change in this agreement. There is no additional room for retail parking spaces and 76% or the complex owners arc opposed to this applicatfon. 121 Edward Smith, 2657 Nursery Road. Opposed because office complex and sales of used cars is a bad mix. Applicant now parks autos throughout plaza and now trying to legilimize the sales and storage. Rebuttal - Transports have not been parked overnight and cars for sale were never parked anywhere except In front of their unit. Transport drivers arc sometimes confused and enler the driveway at the oflice complex driveway rath~r than the driveway at Budget Rental. They feel the use is compatible wIth the surrounding area. Deny {motion by Mr. Bickerstaffe, second by Mr. Mcrriilrnl agenda item C.3. Motion carried (3 to 21. D. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. M&B 12.01, See 17-29-16 141 acres m.o.I.I. (southeast corner of Drew St and Hampton Adl Brown Assoc., Ltd-II; Kennedy Assoc, Ltd, and Roberts Assoc, Ltd-II Usland in the Sun Mobilc Home Park) A 91-14; LUP 91-15 Requcst . Anncxation and Land Use Plan amendment, and establish Zoning district LAND USE PLAN: FROM: Unclassified TO: Medium Density Residential P & Z MINUTES 02-04-92 3 ! \ ".-/ . --....' ZONING: RPD lResidentlal Planned Development! . Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Timothv Johnson. Jr., 911 Chestnut SUeet . Stated this was before Board throe years ago when property across Drew Street was anneleed. At that time it was agreed this property would annex within three years. No persons appeared In support of or in opposition to the above request. Approved lmotlon by Mr. Bickerstaffe and second by Mr. Carassasl to: 111 Endorsement to the City Commission of the proposed AnnexatIon, land Use Plan Amendment to MedIum Density Residential, and Zoning Atlas Amendment to APD as they appears to be supported by the Standards for Approval of the land Development Code, Sections 132.005, 137.015(el, and 137.0 161el: and 21 Request staff research of the sile 161 foot sidewalk easement and its ramifications for future rlght of way and utility improvements. Motion carrJed unanimously (5 to 01. E. CHAIRMAN'S ITEMS .' 1 . Discussion Oil Rules of Procedure - Article IV, Section'. Change to read: Regular meetings shall generally be held at 1 :30 pm on the Tuesday Immediate preceding a regularly scheduled meeting of the City Commission. This schedule far the year will be approved by the beginnIng of the year. Planned regular meetings may be canceled only by approval of the Board at a regular meeting no less than thirty 1301 days in advance of the planned regular meeting. Article IV, Section 5: put a period after the word quorum and delete for conditional use applications. Article IV, Section 6, b: middle of paragraph .. ...In these instances, the Board member, prior to any Board discussion on the matter should declare the conflict and Is to file a Memorandum... Article IV, Section 6, c: Other Matters to read: Concurrence b~jooty-ef the membaf6 "'Btlng &hall be rsitwrad for apfHeYa/.r In a manner consistent with the rules and re,wlations orovided In Article VI. Hearlnas. I. shall he reQuired for aoproval. Article IV, Section 6, d: Text should be underlined. Article VI, Hearings, b: ...No persons shall speak more than one time on the same subject... Article VI, Hearings, i: The word "majority" is somewhat confusing. Mr. Mazur stated the Chairman should be able 10 conduct the meeting if he has a conflict but cannot participate in the discussion or gIve his opInIon. This does not need to be added but will forward to the City Attorney and get a response prior to the nelet meeting. ., Mr. Shuford will bring to the attorney and bring back the next meeting for a vote. A restaurant called The Veranda across the street from Storms has changed both the name and ownership but who have not appeared before the Board. F. DInECTOR'S ITEMS G. BOARD AND STAFF COMMENTS 1. Code enforcement complaints requiro an enormous amount of staff coordination to answer questions put forth from the various boards.. To simplify this process 'arms will be brought to subsequent meetings which can be filled out and presenled in the same manner as a citizen complaint. Board members then get better service in the form as a direct response from the person who Is actually doing the work. P & Z MINUTES 02.04.92 4 .' ~ ~ < . .. .r-, ~....-.. ' ( '.. \..-/ J t,-", I,,' J I t. 2~ A provlous Inquiry about parking on the sidewalk at the Fort Harrison Hotel revealed the State Department of Transportation has given them permission to pull oU the road onto tho driveway to park while loading and unloading vehicles, ' . . . The meeting was adjourned at 6:05 p.m. evelopmont .' ., P & Z MINUTES 02-04-92 5 "