02/18/1992 (2)
,...............,
/" \
"':1",4
l~;
ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, FEBRUARY 18, 1992. 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCA TION
ITEM
A. APPROVAL OF MINUTES
T. Approved (motion Mr. Schwab, second Mr. Carassas) minutes of February 4, 1992 with one
correction. Motion carried unanimously (7 10 OJ,
CONDITIONAL-USES. ANNEXATION. ZONING. LAND use PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TEXT AMENDMENTS. AND LOCAL PlANNING AGENCY REVIEW:
.
THE BOARD FOLLOWS THE PROCEDURES OUTLlNEIY BELOW. ALL TESTIMONY FOR
CONDmONAL USE REOUESTS IS GIVEN UNDER OATH.
1. The Chairperson reads from the Public Hearing Nolice each Item as it is presented.
2. The staff report and pertinent background Inrormation are presented.. 5 minutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. . 5 minutes maximum.
6. Persons who support the applicatlon speak. 3 minutes maximum for each individual;
or spokesperson for group - 10 minutes maximum.
7. Persons who oppose the application speak. 3 minutes maximum for each individual; or
spokesperson for group - 10 minutes maximum.
8. Persons supporting the application (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 are closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. M&S's 41.01 and 41.03, Sec. 18-29-16, [20568 U.S. 19 N) Angel Properties [Stingers), CU 91-15
Acquest - To permit on premise consumption of beer, wine and liquor
Zoned . CH (Highway Commercial)
The applicant's representative, Timothy Johnson, in a letter, withdrew the request.
C. CONDITIONAL USES:
, . Lots' thru 4, elk', Knollwood Aepl<lt 11400 Cleveland 5tl A C Lawler. Inc. jDouble.a. IncJCypress
Pub), CU 92-12
Request - To permit on-premise consumption of package sales of beer and wine
Zoned. CG (General Commerciall
Approved (motion by Mr. Schwab, second by Mr. MerriamJ subject to the following conditions: 1)
The requisite occupatlonallicense shall be obtained within six (5) monlhs from the expiration date
of its curraO( accupationallicensa; 2J There shall be no ouldoor seating or oilier expansion of the
P & Z ACTION AGENDA
02/18/92
with the fl!Quimments of Section 72.15 of the City Coda,' and 41 No customer accessible shelf
space for package sales shall be provided. Motion carried unanimously (7 to 01.
2. M&B 21.01 and 32.02, See 17-29-16 120505 US Hwy 19 N, Suite 101, Clearwater Malll Trizcc
Western, Inc.fTrizec Proper lies, Inc (Skipper's Ice Cream Care and Eatery of Clwr. Incl. CU 92-13
............
Request. To permit on-premise consumption 01 beer and wine
Zoned - CC (Commercial Center and OL (Limited orrice)
Approved (motion by Mr. Schwab, second by Mr. S,1Vage) subject to tile following conditions: 1)
The sales of alcollollc beveragas shall be rastrlctod to consumption on.premlsas wltll no package
sales; 21 The requisite occupational license sllull be obtainod witllin six (61 months from tile date
of this public hearing; and 31 Tile c1pplic;mt slwll obt.7in approvc11 from the City Commission for a
variance to the 200 ft. sepamtion dist.'mce from ,7(1O(/lOr simil.1r1y licensed 2-COP (Selmickel FritzI
on premises consumption sales est.1blishmant. Motion carried unanimously (7 to 0).
P & Z ACTION AGENDA
2
02/18/92
3. Lots 43 thru 48. 65 thru 71. and part or Lot 64, Clwr Beach Park 1470 Mandalay Avel PeUcan Two Ine
IPSA, InclOcean Gardenl, CU 92-14
Request - To permit on'premise consumption and package sales of beer. wino, and liquor
Zoned - CB (Beach Commercial and CR-2S IResort Commerciall
Approved (motion by Mr. Carassas. and second by Mr. Bickerstaffel subject to the following
conditions: 1) Any requisite cllanges In licensing shall be obtained within 6 months. 2) No
customer accessible SIIOI1 space shall ba provided for package sales. Motion carried unanImously
(7 to 0),
4. Lots 57 thru 63 and part of Lot 64. Clwr Beach Park (490 Mandalay Avel Mary G Realty. Inc. (N&T
Food Center. Incl. CU 92-15
Request - To permit on-premise consumption and package sales of beer and wine
Zoned - CB (Beach Commercial)
Approved (motion by Mr. Schwab, seconded by Mr.Hamiltonl subject to tile following conditions:
1 I Unless required by life and safety code there sllall be no doorways on tile west side of tile
building; 21 There sllall be no outdoor seating associated with this establishment or the subject
property; 3) Approval shall be for on-promises consumption of alcollolic beverages only with no
package sales; 41 The requisite occupation.11license shall be obtained witllin six (6) montlls from
the date of this public hearing; 5J The building sllall be used in such a manner as to retain its
status as a retail center; 6) The applicant sllall obtain the requisite alcoholic beverage distance
separation vari.1nces from the City Commission; 71 All signage on tile property shall be brought
Into compliance with the City sign regul.1tions on or bDfore October 13. 1992; 8J The closing time
for the use shall be no later than thM of other COP establishments in tile same retail center or
11 :00 pm whichever Is earlier; 9) There sl/,1(/ be no entertainment associated with tile use,' and
701 There shall be no outdoor spearkers. Motion c.1rried (5 to 2) with Mr. Merriam and Mr.
Bickerstaffe dissenting.
D. ANNEXATION, ZONING, LAND USE PLAN AMI;NIJMI:N r. I.AND DEVELOPMENT CODE TEXT
AMENDMENT, AND lOCAL PlANNING AGENCY nEVIEW:
1. Lots 17-27, Blk 2, Lake Bolleview Add. located on tho soulh side or Lakeview nd between the Seaboard
Coastline Railroad and the S Myrtle Ave intersection IGcrotd S. Rellln & Assoc, Inc. 1 Z 90-09
Request. Amendment to the Zoning Atlas
ZONING:
FROM: CH INeighbcrhood Commercial!
TO: IL (Limited Industriall
Approved (motion by Mr. Hamilton. seconded by Mr, Bickr.>rstMleJ to continue Agenda Item D.'
to the meeting of April 14, 1992. Motion carried w/iJIJimously (7 to OJ.
1
'......'"
2. Comprehensive Plan Text Amendments:
.: ",' ;. '. ., :- \ I . '., . " . ",,' ~. . . i , '. ~ '. ' " . I .
.......-.......
c '
'V:t>~ .,"
\ .
""" >
'"
2.
Comprehonsive Plan Text Amendments:
a.
AMENDMENTS TO OBJECTIVE 1.4. CONCERNING POPULATION OENSITY IN THE COASTAl
~
The proposed amendments to Objective 1.4 address the recommendation of the Clearwater
Beach Blue Ribbon Task Force concerning density incentives for bringing structures into
conformity with F.E.M.A. standards. city and state building codes, and local land development
regulations.
b. (l.MENDMENT TO OBJECT 2.1 CONCERNING NEW COMMUNITY REDEVELOPMENT DISTRICTS.
This amendment Is made to provide an additional year to consider other areas of the city as
community redevelopment districts. The scheduling of the Downtown Development Plan has
necessitated this change.
c. AMENDMENTS TO POLICIES 2.2.1 AND 2.2,2. CONCERNING THE DOWNTOWN DEVELOPMENT
DISTRICT AND AN E!;.QNOMIC DEVELOPMENT STRATEGY.
'These amendments are proposed to adjust tho tlminQ of tho Downtown Clearwater Community
Redevelopment DIstrict changes Ilnd an ovorall economic development stralegy consistent with
tho scheduling of the Downtown Development Plan.
'd. AMENDMENTS TO POLICY 3.2.1. CONG~RNING INTERPRETATION OF THE LAND USE MAP.
1. The amendment to the discussion/description 01 the Downtown Develooment District plan
classification is to rellect the changes to Downtown zoning associated with the Downtown
Development Plan.
2. The amendment to the discussion/descrIption of the Conservation plan classification is
intended to clarify current zoning distrIcts/regulations incluued in the Conservation classification.
e. AMENDMENT TO POLICY 19.1.1. CONCERNING DEVELOPMENT SEAWARD OF THE COASTAL
CONSTRUCTION CONTROL U~E tCCCU.
This amendment Is Intended to clarify the intent of this policy . to insure that development does
not occur seaward 01 the Coastal Construction Control Line (CCCLJ. except lor public purposes or
in the case of unique circumstances which warrant variances. Relerence to development
densitles is deleted since the CCCL is a structure placement guideline, not a determinant of
Intensity 01 development.
1.
A~ENDMENT TO OBJECTIVE 19.7. CONCERNING REDEVELOPMENT STRATEGIES ON
CLEARWATER BEACH.
This amendment is intended to bring the timing of the actions associ.lted with this Objective into
conformance with the changes proposed for Objective 2.1 above. The SCheduling of the
Downtown Development Plan has necessitated this change.
g. AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT CONCERNING PROJECTS. TIMING
AND FUNDING.
These amendments bring the Capital Improvement Element Into conformity with the adopted
Capital Improvement Program for the City of Clearwater.
Recommend (motion by Mr. Schwob, seconded by Mr. SavageJ to tile City Commission approval
of tile proposed Comprehensivo Plan amendments covered /n Anend" 110m 0.2., letters a.
througfl f., but excluding d. 1. above. Motion carried unanimously (7 to OJ.
E. CHAIRMAN'S ITEMS
1. Discussion on Rules of ProccdUle.
F.
DIRECTOR'S ITEMS
. ,I
,
, I' 'i"
".,: :! ,/
G.
BOARD AND STAff COMMENTS
) ,I
.. 'i/
,; FEB 26 1992 ,I,..
f i I
,- , ... _...\ !
(' ~ ~~ '/ : ~." I . .:, ~ ..\ ~. r; F' ;: ~ ~ ~
P & Z ACTION AGENDA
3
02118/92
~",
I .
,.
......-,.
I, I
..........
MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, FEBRUARY 18, 1992 - 1 :30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present:
Chairman Mazur, Blckerstaffc, Carassas. Hamilton, Merriam, Savage and Schwob.
Also present:
Scott Shuford, Planning Manager
James Polatty, Director Planning & Development
Miles Lance, Assistant City Attorney
Pat Fernandez, Recording Secretary
Chairperson Mazur outlined the procedures for conditional uses and advised that anyone adversely affected by 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 party appealing a decision of this Board
to have a record of the proceedings to support the appeal.
ITEM
A. APPROVAL OF MINUTES
1. Approved (motion Mr. Schwab, second Mr. CarassasJ minuies of February 4, 1992 with one
correction. Motion carried unanimously (7 (0 OJ.
B.
REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1.
M&B's 41.01 and 41.03, Sec. 18.29-16, (20568 U.S. 19 NI Angel Properties (Stingers!, CU 91-15
Request. To permit on premise consumption of beer. wine and liquor
Zoned - CH (Highway Commerciall
Mr. Shuford advised that the applicant's representative. Timothy Johnson, delivered a letter on behalf
of the applicant, witlldmwinQ tile reouest. .
C. CONDITIONAL USES:
1. Lots 1 thru 4, Blk 1, Knollwood Replal 11400 Cleveland StI R C Lawler, Inc. (Double-B, Inc/Cypress Pub!,
CU 92-12
Request - To permit on-premise consumption of packagc soles of beer and wine
Zoned. CG (General Commercial!
Mr. Shuford gave the background of the case and submitted, in writing, the stort recommendation.
Applicant's representative, John DOlmO!i,ki. 406 S. Prospect Avenue, Suite [3, stated the hours of operation
will be fram 11 :00 am to 2:00 am. A lather and son tcam will be operating the business and have been
working there to gain experiencc.
Pro or Con: None
Approved {motion by Mr. Schwab, second by Mr. MllffilJ/lIJ subject to tllo following conditions: 1 J
Tile requisite occupatiDlwllicense sllall be obt.linod witllin six (6J montlls (rom the expiration date
of its currcnt occllpational license; 2) There sllal/ be no outdoor scating or ot/ler expansion of the
floor area devoted to the proposed use,' 3) Tire pack.l0a safes of alco/lOlie beverages shall comply
with tile requirements of Section 72.15 of tile City Code; and 4J No customer accessible sllelf space
for ptJckage sales shall be provided. Motio" carriad ullanimously (7 to 0).
P & Z MINUTES
02/18/92
2.
M&B 21.01 and 32.02, Sec 17-29-16 (20505 US Ilwy 19 N, Suite 101, Clearwater Matll Trlzec Western,
Inc.rrrlzec Properties, Inc (Skipper's Ice Cream Calc and Eatery or Clwr, Incl, CU 92.13
.r"
Rnquest - To permit on-premise consumption of beer nnd wine
Zoned. CC (Commercial Center and OL (Limited Olllcel
Applicant, Joscoh Ranieri. 221 Bell Forest Drive, Apt 2, Bellealr Blulfs. stated he will manage the restnurant.
Robert Resch. agent for Graham Design, 210 Orangewood Avenue, stated the restaurant has been
improved, Is upscale and family clientele can now be offered their choice of beverage.
Pro or Con: None
P & Z MINUTES
2
02118/92
Approved (motion by Mr. Schwob. second by Mr. Savage) subjecllo Ihe following conditions: t) The
sales of alcoholic beverages shall be restricted to consumption on-pramises with no package sales;
2) The requIsite occupational license shall be oblained within six (6) months from tire date of this
public hearing; and 31 The applicant slmll obtain approval (rom Ow City Commission (or a variance
10 the 200 fl. separation distance from Dnother similarly licensed 2-COP ISclmickel Fritz) on
premises consumption sales establishment. Motion carried unanimously 17 to 01.
3. Lots 43 thru 48, 65 thru 71, and part 01 Lot 64, Clwr Beach Park (470 Mandalay Avel Pelican Two Inc
IPSA, InclOcean Garden), CU 92.14
Request - To permit on-premise consumption and package sales of beer, wine, and liquor
Zoned - CB (Beach Commercial and CR-2S (Resort Commercial)
Mr. Shuford gave the background or the case and submitted, in writing. the SlaB recommendation.
"'-....'
Applicant's representative, John Simms, 31 B Barbara Circle, 34616, stated they want to transfer one of
the oldest licenses on the Beach for this 250 scat restaurant. He believes his client paid a sIgnificant
amount of money for the license and does not feel additional restrictions should be placed. He docs not
feel there has been a problem with the previous owner and does not want a prohibition of customer
accessible shelf space. In response to a Question reuarding the inadequacy of 21 parking spaces that are
grandfathercd, he stated there was an overflow lot owned by a corporation comprised of the some of the
same princIpals that services the restaurant.
Mr. Shuford was not aware 01 the overllow parking lotlwith 42 spacesl now being used by the reslaurant
and suggested a condition for perimeter landscaping and requiring a Unity 01 Title to tie the lot to the
restaurant for perpetuity. It was noted the sign on the lot Indicated parking for Ocean Garden.
Applicant, Elias AnastasoDoulos. 1600 Gulf Boulevard, stated Mr. Simms is hIs representntive at this
meeting. He advised the property was expensive and in the future might possibly have a separate corner
within the restaurant to sell package liquors. He advised the overflow lot is owned by a dilferent
corporallon but mostly the same principals. That piece of property Is to be developed for another use.
Manager, Geome Athens, 1018 Bay Esplanade, stated he is from the area and has the education and
experience to manage this operation. His family owns a hotel at the beach.
The Board questioned adding extra conditions beyond those which applied to the Pelican. Because the
applicant mentioned the remote parking. it appears unfair to penalize him ror his candor. II however, the
restaurant were stitt owned by the Pelican and they wanted to sell the overflow lot, would the 21 parking
spaces at tll0 restaurant site be legal as they arc grandfathermJ in7 Additional parking has been made
available for a number or years and the restaurant would lose il there is Inadequate customer parking. If
an expansion were planned, parking could then be addressed.
Pro:
(1) I hmrv Cruise. 1915 Sever Drive, Clearwater, stated Mr. Henriquez did not have the overllow lot 20
years ago and therefore should be allowed to operate without the overflow parkinlJ.
Approved Imotioll by Mr. CaraSSiJS, mlrJ SI!colld by Mr. Bickerstaffe) subject to ilw following
conditions: t J Any requisite ch.-mgos ill licensing sl1[1/1 be obt.1;flcd wi/llin 6 months,' and 2} No
'''"-.../ custamer accessiblo slw/f space sllo1/1 bo provldud for package sales.
'. .."...,..,. . f' . :''' . ...~ .',' PI '.' . . '., . ',"
,(""....\
Before voting, members asked for a recess to determine if Code covers this situation. Slaff will ask Legal
If a parking area which is remote and owned by a separoto corporation which has been used by an applicant
for a number of years to provide patron parking Is legally considered necessary to meet parking
requirements.
The meeting reconvened with Mr. Lance In attendance. In a conversation with staff, Mr. Lance believes
the lot Is deemed contiguous with the restaurant property and in similar situations has been considered
required parking. He will have Mr. Galbmith review and give his opinion. Mr. Shurord advised that,
regardless of what this Board does, if the remote lot is linked to the restaurant and the remote 101 Is
considered required parking, the City can enforce that.
P & Z MINUTES
3
02/18/92
All discussion having been concluded, the motion on tile floor was voted upon and IlIe carried
unanimously (7 to OJ.
Chairman Mazur advised the applicant that there is a drainage oullet on Mandalay with a pipe going from
a drainage outlet back Inlo the building. The previous owner discharged Into the storm sewer system Dnd
asked the applicant to look into and correct this problem.
4. Lots 57 thru 63 and part of Lot 64, Clwr Beach Park 1490 Mandalay Ave) Mary G Realty, Inc. (N&T Food
Center, Inc), CU 92-15 .
Request - To permit on-premise consumption and package sales of beer and wine
Zoned - CB (Beach Commercial)
Mr. Shuford gave the background or the case and submitted, In writing, the starr recommendation. Letters
of objection have been received from:
(1) Edwin R. Hunter. Clearwater Beach Motel, objecting because of proximity to other alcohol licenses,
believe upscale retail was goal for north cnd of beach, Code violations with outdoor seating; and
inadequacy of parking.
f" ..
{ }
,i~'"
(2)
James R. Grav indicates proposed uses abut his motel property and asks for denial based on number
of alcoholic licenses, a signed agreement between applicant and himself to build a 25' sound barrier
wall has not been built, and parking concerns.
(3) Geome Greer, attorney for Sam Moussa, Holiday House Lessee, and James Gray, Owner of Holiday
House advised applicant has not abided with either the agreement to build a solid wall or a previous
variance granted in 1984 by the Board or Adjustment by building a door, without permit, in the back
of the building. A copy of the wall agreement was submiued.
Applicant's representative, Michael Boutzoukas. 1801 N. Belcher Road, Suite 116, 34624, Slated the
applicant has owned the market since 1976 and now wishes to convert the license to use In a family
restaurant serving both Greek and Italian food. A violation 01 interior scaling at the bakery no longer exists
as they have closed the operation. Another lessee will reopen and operate it strictly as a bakery. A request
was made for a later closing and reels the 11 :00 pm closing restriction is unreasonable.
Applicant, Nick Gionis, 130 Windward Island, 34620, stated that while Mr. Boutzoukas is not listed on the
application, he is hIs representative. Mr. Gionis was the manager 01 a restaurant in New York and has ran
his deli for 17 years. The dumpster is on Baymont to the north of the center. He advised he would be
happy with a midnight closing time.
f!Q: None
Con:
(11 Jeannie Rcid, co-owner Chubby's Cafe, 2266 Gulf. To.Bay, stated she is opposed because this now
operation will open next to their business. Further, when'they applied for their conditional use they
requested a later closing but 10:00 pm was established as the whole plaza closed at lhat time.
(2)
Harold Reid, co.owner Chubby's Cafe, P.O. Box 3695, 34630, staled he feels, if permission is
granted for a back door to the applicanl, that other tenants of the center should also have back
doors. They previously requested one, but the applicant said no.
\--..,
. . . ~ ..,' , .' .' ~. . < . I . . .. '. . I .1 ~. . . , . . ..... ..... .' . ~
..........
. ,
J' C ,
j ,
'- ,/
, ,
"............,f
(3)
Tracy Rcid. 1604 N. Osceola Avenue, reprcsents 10 other businesses in the area and submitted a
petition with 266 signatures opposing the alcoholic liccnse (or the restaurant. Mr. Shuford advised
Planning wfll copy and relurn the originals so they can present them to the City Commission. Some
signees contacted her as they know of her opposition to this request. She advised they mainly
objected due to the number of licenses In the area as well as inadequate parking. She statod the
applicant usually does first. without permission. and then pays the line. This was evidenced bV
outdoor scating associated with the applicant's deli and a subsequent fine. Anything they get must
have written approval from the applicant. They cannot mOVe their air-conditioning, get bigger units,
or put in a back door.
14) Brenda Reid. 1606 N. Osceola Avenue. Slated she is concerned about the parking. The two handicap
spots, due to construction, have been covered by 2 port-a'pollles and a dumpster. The pollee have
had to be called on many weekends to clear out the parking lot to allow customers to park.
(51 Robert Ruid. 1604 N. Osceola Avenue, is associated with Chubby's Cole Dnd staled the emergency
door reads to a 3' space with a steel gllte at tho end with a double key lock. He leels no one could
get out if they wanted 10.
(61 William Welch, 2266 Gull-To-Bay. has been employed by Chubbys for approximately 3 years and
opposes the application.
(71 Joyce Grove, 2266 Gulf-To-Bay, works for her sister in Chubby's Cafe, and stated she does has
never seen tactics like those of the applicant. She asked where deliveries would be received.
lal Gina Fouche. 615 Oak Avenue, 34616, advised parking is such a problem at the beach that sho
needs to get to work one hour early to find a space. She feels this Is a famny business and another
restaurant will generate more noise and more drinking.
191 Grc" TrimboH, 1354 E. 58th Street, St. Petersburg, stated tho beach does not need any more parking
problems or more alcohol particularly on the weekends. He Is employed by Eckerds. His employer
has a big parking lot and even that is insulficient. In response to a question, he indicated that
Sertoma docs slill rent part of the parkin\) lot to beach tralfic during the day.
Rebuttal - In answer to those opposing: (1) Competition aspecls cannot be covered by this Board; 121
Applicant now has right to sell in a package situation which is more harmful than their request for on.
premises consumption; (31 The emergency door is covered bV the permit provided earlier; and (4\ The
parking is within regulation requirements.
Board Discussion. In response to Board questions, the applicant's representative stated: (1) The dumpster
Is located half on the applicant's property and the other hall on Mr. Gray's property. Applicant will advise
the construction personnel to move the objects that are in the handicap parking spots; 121 Chubbys does
not hava an exclusive right to sell alcoholic beverages. The disparity was mentioned in the difference
between parking requirements for free-standing restllurnnts versus one the same size in a plaza. Mr.
Merriam stated that when Glonis Plaza was built there was a commilment to the Board of Adjustment by
the owner that there would be no restaurants. While It might not have been put in the minutes. such a
commitment would be on the meeting tapes. There arc now two restaurants. Mr. Shuford advised
restaurants have been permitted because nothin\l was explicit In either the minutes or the motion to approve
the variance to restrict the restaurant use. This requcst is for consumption on premise with no packagc
sales as the State will not allow both simultaneously. Mr. Shulord perceives the need for a Code
amendment addressing the differences between pnrking for a restaurant in slrip centers and rree-slanding
restaurants.
Approved {motion by Mr. Scflwob, seconded by Mr.HamillonJ subject 10 tile (allowing conditions:
1 J Unless required by life and safety code. there shall be no doorways on the west side of tile
building; 2J There sllall be no olltdoor sealing assoclated with tIIis establistmwnt or the subject
property; 3/ Approval shall be for on-premises consumption of alcollolic bevefc1ges only witll no
package sales: 4/ The requisite occupational license shall be obtained wilhin six (6/ mont/Is (ram the
date of this public he,1ring: 5J The building sllall be used in such a mil/m('r as to retain Its status as
a retail centcr.. 5J The .1ppficant sh.111 ob,.7in the requisite alcollolic beverage distance separation
variances from the City Commission,' 7/ All sigr101ge on tllo property shall be brDugl1l into compliance
Wit/I the City sign regulations on or before October 13, 1992; BJ Tile closing lime for tile use sllall
be no IMer tllan tllat of otller COP fJstablishmcnts in tile same retail center, or 11 :00 pm, whichever
P & Z MINUTES
4
02/18/92
Is earlier; 9J There sfll1l1 be no entert"inment associated with tile use,' and 1 OJ There shall be no
outdoor speakers. Motion carrieel (5 10 2J with Mr. Merriam and Mr. Bickerstllffe disscmling.
D.
ANNEXATION, ZONING, LAND USE PlAN AMENDMENT,LAND DEVELOPMENT CODETEXT AMENDMENT,
AND LOCAL PlANNING AGENCY REVIEW:
(.....".....
1. lots 17.27, Blk 2, lake Belleviow Add, located on the south side 01 Lakeview Rd between the Seaboard
Coastrrne Railroad and the S Myrtle Ave Intersection IGerald S. Rehm & Assoc, Inc.l Z 90-09
P & Z MINUTES
5
021 18/92
Request - Amendment to the Zoning Atlas
ZONING:
FROM: CH (Neighborhood Commerciall
TO:IL (limited Industrial)
Mr. PolaUy gave the background of the case and submitled, in writing, the staff recommendation. He
asked the applicant to withdraw his roquest (no additional leos will be requiredl and reapply for Industrial
Planned Development. The request should also cover lonlng on the two (21 lots where the 20nlng district
cuts through the middle of the building. Mr. Polatty suggested joint meetings with the neighbors to clear
up any misconceptions. Mr. Rehm said he spoke with the two people who had major concerns and fell
such meetings were unnecessary.
Applicant, Gerald Rehm. 721 Lakevlew Road, states he is chagrined that untruths have been passed around
regarding his application. He wants to give land to the City lor the extonslon 01 Myrtle in return lor the
remainders on the west side of Myrlle that would ultimately accrue go to his building. He now leases the
warehouse and stores finished product from the candy lactory. He Inquired about tying the warehouse he
lessees into this new zoning; however, Mr. Polatty stated he did not feel the City would include the
warehouse In this action.
Robert Mocks, 800 Dempsey Street, has no objection to Mr. Rohm's request for rozonino.
Con: None
(' . \
....,.j
Approved (motion bV Mr. Hamilton, seconded bV Mr. Bickersraffej to conlinl/e Agenda Item D-1 to
tfle meeting o( April 14, 1992. Motion carried unanimously (7 to OJ.
2.
Comprehensive Plan Text Amendments:
a. AMENDMENTS TO OBJECTIVE 1.4. CONCERNING POPULATION DENSITY IN THE COASTAL ZONE.
The proposed amendments to Objective 1.4 address the recommendation of the ClciHwater Beach
Blue Ribbon Task Force concerning denSity incentives for bringing structures into conformity with
F.E.M.A. standards, elty and state building codes, and local land development regulations.
b. AMENDMENT TO OBJECT 2.1 CONCERNING NEW COMMUNITY REDEVELOPMENT DISTRICTS.
This amendment is made to provide an additional year to consider other areas 01 the city as
community redevelopment districts. The scheduling of the Downtown Development Plan has
necessitated thls change.
c. AMENDMENTS TO POLICIES 2.2.1 AND 2.2.2. CONCERNING THE DOWNTOWN DEVELOPMENT
DISTRICT AND AN ECONOMIC DEVELOPMENT STRATEGY.
These amendments arc proposed to adjust the timing or the Downtown Clearwater Community
Redevelopment District changes and an overall economic development strategy consistent with the
scheduling of the Downtown Development Plan.
d. AMENDMENTS TO POLICY 3.2.1. CONCERNING INTERPRETATION OF THE LAND USE MAP,
1. The amendment to the discussion/description of the Downtown DeveloDment District plan
classification is to reflect the changes to Downtown zoning associated with the Downtown
Development Plan.
I I
........
2. The amendment to the discussion/description of the Consmvation plan classification Is intended
to clarify current zoning districts/legulations included in the Conservation classification.
. .. '. ' t. .... '. . . . . .,..: . : '. "" ~., ,',. , ,r' .: . \' " J . . . .' " "',
r~""'''.
i i
~J,.~)~'
\,,,,,,1
e.
AMENDMENT TO POLICY 19.1.1. CONCERNING DEVELOPMENT SEAWARD OF THE COASTAL
CONSTRUCTION CONTROL LINE l~
This amendment Is Intended to clarify the Intent of this policy. to insure that development docs not
occur seaward of the Coastal Construction Control Une ICCCL), except for public purposes or In the
case of unique circumstances which warrant variances. Reference to development densities is
deleted since the CCCL is a structure placement guideline, not a determinant of intensity of
development.
f. AMENDMENT TO OBJECTIVE 19.7, CONceRNING REDEVELOPMENT STRATEGIES ON
CLEARWATER BEACH.
This amendment is intended to bring the timing of the actions associated with this obiective into
conformance wilh the changes proposed lor Objective 2.1 above. The scheduling of the Downtown
Development Plan hos necessitated this change.
g. AMENDMENTS TO THE CAPIT ALIMPROVEMENT ELEMENT CONCERNING PROJECTS. TIMING AND
FUNDING.
These amendments bring the Capital Improvement Erement into conformilY with the adopled Capital
Improvement Program for the City of Clearwater,
Mr. Shuford gave the background ot the amendments to the Zoning Atlas antI submitted, in writing, the
staff recommendation. Item d.l., due to the delay in the Downtown Development Plan, should not be
Changed at this time.
Recommend (motion by Mr. SCllwob, seconded by Mr. Savagel to t/le City Commission approval of
the proposed Comprehensive Pl.1n amendments covered In Agenda Item 0.2., letters a. through I.,
but excluding d. 1. above. Malian carried unanImously (7 to 0).
E. CHAIRMAN'S ITEMS
The Chairman discussed:
11 Inquired as to the application for a CU for the Veranda restaurant at the last meeting. Mr. Shuford
advised a letter was sent.
21 The packets being delivered on Friday docs not give members adequate time to review materfal fully for
the Planning & Zoning Board meeting. With the holiday being the day bofore this meeting. it made staff
unavailable then If there wero any questions. Mr. Ma~ur asked If they could be delivered one week In
advance. It was suggested that the application dates be moved back; however, Mr. Polatty is hesitant to
make our process any longer than it is now. Mr. Mazur agreed that the Board get the packet a week to ten
days early and receive the staff reports as at present. They will determine how this works out over the next
two months.
31 The Chairman discussed an article that appeared in the Clearwater Times using various quotes on the
issue 01 conllicts. The article seemed to inler that when a conllict is declared it could impact the other
Board members in their decision-making process. Members on this Board feel they no that extra mile to
display sensitivity and be fair in making their judgements.
4) The issue of minority and women's represem3tion on vorious city boards was mentioned. The mop
showing dots where a board member lives proved there is a broad base with respect to where they live.
5J Mr. Shulord rclatud his conversation with the Cily Attorney with regard to Legal's review of the new
annual proposed Board's Rures and Regulations. He llrought up two matters. One is where we cited
specific sections 01 the Code. The City Attorney leols that since we me rocodifying the Code, that tho
specilic section number may change, therefore,the section should not be mentioned. Also the Attorney
stated the Chairperson, II he/she declares a conllict, cannot run the meeting.
F.
DIRECTOR'S ITEMS
Mr. PolallY mentioned thilt the City Comrnission would have been inleresled in the pelition submitted
against Rite Aid. Petilions are given to onch Board separately. It was felt each Board should be aware of
a petition's existence dealing with an item under review and lhal such a pelition should and will, in the
tuture, be included in the anemIa item or stall reports.
P & Z MINUTES,
02/18/92
6
I; ,~ .
('.,
\.
c)
" ,
,,.,.1
G. BOARD AND STAFF COMMENTS
Mr. Carassas asked If the Agenda could go back Into the column format. He will accept extra space below
each Item whIch will allow members the space to write In pertInent Information or comments.
The meeting was adjourned at 6:25 p.m.
ming & Development
'I
I~ rn @[n w-rn~
Ul1 MAR 0 5 1992 ~J
CITY CLERK DEPT.
P & Z MINUTES
7
02118/92