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03/03/1992 (2) . ..--... (-""\ '--'.' "'-~ ACTION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, MARCH 3.1992 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION ITEM A. APPROVAL OF MINUTES Approved Imotlon Mr. Hamilton. second Mr. 8ickerstaffe) minutes of February T 8, 7992. Motion carried unanimously. 17 to 01.' CONDITIONAL USES. ANNEXATION, ZONING. LAND USE PlAN AMENDMENTS. LAND DEVROPMENT CODE TEXT AMENDMENTS. AND LOCAL PlANNING AGENCY REVIEW: THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH. 1. The Chairperson reads from the Public Hearing Notice each item as it is presented. 2. The staff report and pertinent background information 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 application 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. TI1e applicant has an opportunity for final rebuttal - 5 minutes maximum. 1 1. Public Hearings are closed. 12. Olscussion by the Board. 13. The Boart! 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. REaUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: C. CONDITIONAL USES: 1. M&B 32.02, See 20.29-16 (18911 U.S. Hwy 19 N] Aobert G. and Halel V. Oaniel (Shor-Bo InelShore Lanes Bowling Alley/Slick WiIlie'sJ. CU 92-16 Request - To permit on-premise consumption of beer, wine, and liquor Zoned. CH (Highway Commercial] Continued (motion Mr. Bickarsraffe, second Mr. Schwob) tile above request to tile meeting of March 17, 1992. Motion eim/ad unanimously (7 to 0). 2. The Beach Place Motel, a Condo 1301 S. Gulfview Blvdl K. M. Ralewski {real estate officel, CU 92-17 Request. To permit business/pfofessional oUice which serves the tourist Zoned' . CR 28 (Resort Commercial) Approvec1 (motion Mr. Hamilton, second Mr. Savage) subject to the following conditions: T) Applicant shall obwin tile requisite variances Of otherwise meet the requirements of the Land P & Z AACTION AGENDA 03-03-92 .: .. , .' " , \ .' '. ' . l' ". . ~ I.. I,.".'.. '. '. " '. . . '. '. I;' . , '.. I . OJ' , .'.'. . Development Coda prior to obtaining a building parmit: and 2) The building permit shall be obtained within she (6) months of the dtJte of this public "(!{Iring, Motion c.1"ied (6 to 1 J with Mr. Merriam dissenting. 3. Part of Lot 1, Loehmann's Plaza (23054 US Hwy 19 NI Principal Mutual life Insurance Co. (Wal-Mart Stores. Inc.I, CU 92.18 r. Request. To permit Garden Center outdoor retail sales. displays andlor storage Zoned . CC ICommercial Center) Approved (molion Mr. SChwob, second Mr. BickerstaffaJ subjact to tile following condition: 1) The outdoor retail sales area shall be used exclusively for tire gurden center only. There shall be no temporary or portable buildings, tents or traifers or special event activitias in this ama. Motion carried (6 to 0) with one abstention. 4. Lots 34 and 35, Blk E, Greenwood Park No 2. 11205 N Greenwood Ave} Tarek and Manal Said (Wzel SalhabfTrue Value Supermarketl, CU 92-19 Request. To permit package, sales of beer and wine Zoned. CNG (North Greenwood Commerciall Continued (mot/rln Mr. Hamilton, second Mr. Bickerstaffe) tire above reQuast to the meeting of March 17, 1992. Motion carriad unanimously (7 to 01. D. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PlANNING AGENCY REVIEW: 1 . Lot 50, Citrus Heights Manor, 1919 Ashland Drive IKevin & Barbara Helpll A 91.12; lUP 91-13 Request. Annexation, Land Use Plan and Zoning Atlas amendments LAND USE PlAN: FROM: Unclassified TO: Low Density Residential I ZONING: RS B (Single Family Residentiall i,"-_. Recommends (motion Mr. Hamilton, second Mr. Savage) endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential, and Zoning At/as Amendment to RS.B as they appear to be supported by the Standards for Approval of tbe Land Development Code, Sections 132.005, 137.015(e), iJnd 137.016(eJ. Motion carried unanimously (7 to 01. E. CHAJR.MAN'S ITEMS 1. Signing Rules 01 Procedure F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS Recommended (motion by Mr. Schwob. second by Mr. Bickerstaffel to (Ire City Commission that they permit businesses that are affectad by construction to put signs up indicMing tlley are still'ln business during constructiun. Motion carried unanimously (7 to OJ. P & Z AACTION AGENDA "l~@ till O'\/'I:~-'~'; 1----..'.., --//11 , , . I U' ::;_.MAR 12 19=~ _.H r: r: )1 Cl',', '\';<~'f' u 2 03.03.92 ,-'\ to t.(,:, , ~~I '-.I MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, MARCH 3, 1992. 1 :30 PM PLEDGE OF ALLEGIANCe INVOCA TION Members Present: Chairman Mazur, BickerstaUe, Carasslls, Hamilton, Merriam, Savage and Schwab. Also present: Scott Shuford, Planning Manaoer Pat Fernandez, Recording Secretory 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 proclJcdings to support thlJ appeal. ITEM A. APPflQV At OF MINUTES Approved (molion Mr. Hamilton, second Mr. Bickerstaffe) minutes of February 18, 1992. Mot/on carr/ad unanimously. (7 to OJ. . B. REQUESTS FOR EXTENSION, DEFEJmED AND CONTINUED ITEMS: C. CONDITIONAL USES: 1. M&B 32.02, See 20-29- 16 (18911 U.S. Hwy 19 NI Robert G. and Hazel V. Daniel (Shor-Bo Inc/Shore Lanes Bowl1ng Alley/Slick WilJ1e'sl, CU 92-16 Request - To permit on-premise consumption of beer, wine, and liquor Zoned. CH (Highway Commercial) Mr. Shulord gave the background of the case and submitted, in writino. the staff recommendation lor continuance. The manager's arrest record needs to be obtained to completa the staff report. Applicant's representative, Anthonv Ferro, 31640 U.S. Hwy 19 N., Palm Harbor, 34684, stated he believes the issues are resolvable today 11 the board agrees that a 1982 police record involving the manager's possible felony conviction is over 5 years olu and therelore irrelevant. Also he believes aujudication was withheld. Pro or Con: None Conlinucd (molion Mr. Bickcrstaffe, second Mr. Schwob) tile above request to the meeting of MarcIl 17, 1992, Motion carr/ed unanimously 17 to OJ. 2. The Beach Place Motel, a Conuo (301 S. Gullview Blvd) K. M. Rolewski (real estilte ollicel. CU 92.17 Request. To permit business/professional olfice which serves the tourist Zoned . CR 28 (Resort Commerciall Mr. Shuford gave the background of the case and submitted, in writing, the stair recommendation. The unique feature of this request is that they plan to add 1I0or spuce. not just convert existing 1I0or area. Applicant's representative, Harry Cline, 400 Cloveland Street, stated: 11 He Is a proponent of one Boartl hearing applications tor conditional uses and variances: 2) Manv neighboring businesses meet Code but do /lot have the adequate physical parking this location does: 31 Most neighbors have more intense nonconforming mixed uses that are allowed; 41 He believes the proposed use is not objectionable in this neighborhood; 51 Thuy Ciln put in 2 more parking spaclJs if required; 61 He listed motels on the beach which P & Z MINUTES 03-03-92 ~ \............/ \~,..#J also house real estate offices: 71 He realites he needs variances from another board; and BIll request is granted, Viewpoint Realty will lease this location as a small satellite one.man real estate offlce. A Board suggestio" was, if granted, restricting the use amI stating it could revert only to motel use. Mr. Shuford advised if the applicant subsequently wanted to change the property to a use that was permitted In that district It would be difficult to deny. A question was raised stating the code says you cannot Increase a nonconforming use. It was indicated that this request appears to be more an intensity Issue. Approved (moUon Mr. Hamilton, second Mr. Savaga) subject to the following conditions: 7} Applicant shall obtain tile requisite variances or otherwIse meat tile requiraments of tho L;md Development Code prior to obtaining 0 building permit,' and 2J The building parmir sllall be obtained withIn siK (6) months of the date of tllis public Iwarlng. Motion carried (6 to I) Wit/I Mr. Merriam dissenting. 3. Part of Lot 1, Loehmann's Plata 123054 US Hwy 19 Nl Principal Mutual Life Insurance Co. (Wal-Mart Stores, Inc. I, CU 92-18 Aequest - To permil Garden Center outdoor retail sales, displays and/or storage Zoned . CC (Commercial Center! Chairman Mazur announced a conflict of interest, stepped down for this item and lert the chamber, turning the meeting over to Vice-Chairman Carrasas. Mr. Shuford gave tho background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Richard Harris.'5440 Beaumont Center Boulevard, Suite 460, Tampa, stated thll requested garden cerlter wilt be on the south portion of the site. He has not been contacted by anyone from the neighboring community relative to these plans. Pro and Con: None ApprOVed ,motIon Mr. Schwab, second Mr. Bickerstaf(o) subject to IlIe following condition: 7} Tile outdoor ratni! sales area sllall be used exclusively for tile garden center only. Tllere sllo7{/ be no tempomry or portable buildings, tents or trailers or speci.." ovent .1ctivil/as in tills area. Motion crmiad (6 to O) willi one abstention. 4. Lots 34 and 35, Blk E, Greenwood Park No 2. (1205 N Greenwood Avel Tarek and Manal Said (Wzel Salhabffrue Value Supermarketl, CU 92-19 Request. To permit package sales of beer and wine Zoned - CNG (North Greenwood Cammerciall Mr. Shuford gave the background 01 the case and submitled, in writing, the stalf recommendation. He also submitted a memo from the police dcplHtrnent concerning the activities at this site. Store manager, Mamoun Salhab~ 2401 Brigadooll Drive, Clearwater, stated they purchased the business four months ago and that the previous owner had put up a sign on the outside of the building over a year ago which says 'no loitering'. He will rUIl the business with his brother. They have put in more groceries and now sell meat. Their father had a similar business in St. Petersburg for seven years. They have joined the North Greenwood Merchant's Association and have attended several meetings. Tarek Stlid, 116B7 7th Way North, St. Petersburg, Slated he weill inlO this business one and a half years ago. He purchased the properly and subsequently sold the business in late September to the applictlnt. In answer to a Bomd question, he said he did indeed cooperate with the police. The Board discussed proliferation 01 alcoholic beverage sLlles estoblishments. The Board has no criteria in determining what is above tile SLlturation point. A trial period. conditions, and a continuation were discussed. There mo questions as to the identity or the owner the police were referring to in their memo. It was felt a police rvport on an application should contain names and such clarification will be sought to decide this issue. Continuod (motion Mr. H;uni/tOfl, $ucond Mr, BickerstMfe) the above roquasl CO tile meetlflg of March 17, 1992. Motion carried IIIwflimollsly (7 to OJ. P & Z MINUTES 2 03-03-92 l~ f ..' :,I.J ""; " .........' ( , '-"" .. D. ANNEXATION, ZONING,LAND USE PlAN AMENDMENT. LAND DEVELOPMENT CODETEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lot 50, Citrus Heights Manor, 1919 Ashland Drive (Kevin & Barbara Helpl) A 91-12: LUP 91-13 Request. Annexation, Land Use Plan and Zoning Atlas amendments LAND USE PLAN: FROM: Unclassified TO: Low Density Residential ZONING: AS 8 ISlngle Family Residential) Mr. Shuford gave thu background or the casc and submiUed, In writing, the staff recommendatfon. , In answer to a Board question, :mncxatlon is required for a sewer connection but not for a water connection. Pro or Con: None Recommends Imotion Mr. Hamilton, second Mr, Savage} endorsemerU to the City Commission of tile proposed Annexation, Land 'Use Plan Amendment to Low Density Residential, and Zoning Atlas Amendment to RS-8 as they appear to be supported by tile Standards for Approvill of the Land Development Code, Sections t 32.005, t37.0t51e}, and t 37.0 t 61eJ. Motion carried unanimously (7 to OJ. E. CHAinMAN'S ITEMS 1. The Planning ilnd Zoning Board Rules of Procedure for 1992 wcre signed. F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS Mr. Hamilton congratulated Pal Fernandez on a greilt job on the minutes. Mr. Schwab stated Casa Gallardo inquired about sign relief as they anticipate suffering a loss of business due to the two.year roadwork project now starting for the countryside overpass. With pipes stacked in front, potential customers lire not aware they are open. Mr. Polatty suggested somo consideration should be given to such conditions in the Code. Due to the length of construction, strict compliance with the sign code might be dif!icult to li\lc with. The onset 01 heavy construction is imminent and many businesses are concerned. Recommendml (motion by Mr. Schwab. second by Mr, BickerstaffeJ to tile City Commission tlwt tlley permit busine5SCS rlmt ore affcclcq by construction 10 put signs up indicating tfley are still in business durlng cons trllc tion. Marlon c.7(rled unanimously 17 10 OJ. March 31, 1992 will be lhe last meeting 01 Mr, Schwob's tenure on the Board. A Farewell Luncheon is in order and the new Clearwater Club was suggested. Il willlJe at noon, staff will handle the notices and Mr. Bickerstafle will make the arrangements with the Crub. The meeting was adjourned at 3:25 p.m. ?~ olatty, Jr., Director, la nino & Development P & Z MINUTES 3 03-03-92