04/21/1992 (2)ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, APRIL 21, 1992. 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
A. APPROVAL OF MINUTES
1. April 14, 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 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.
S. 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. 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. Request for Extension (Second request, first request was for 6 months granted 10101191), Lots 63 thru
66, 113 thru 117, and part of Lot 112, Lloyd-White Skinner Sub, (325 S. Gulf view Boulevard) Clara and
Dorothy Boldog (Americana Gulf Motels Ltd.), CU 91-69
Request - To permit on-premise consumption and package sales of beer, wine and liquor
Zoned - CR 28 (Resort Commercial)
Approved (motion by Mr. Hamilton, second by Mr. Bickerstaffe) subject to the following
conditions: 1) The requisite building permit shall be obtained within six (S) months of the date of
this public hearing,- and 2) The requisite occupational license shall be obtained within twelve (12)
months of the date of this public hearing. Motion carried unanimously (7 to 01.
C. CONDITIONAL USES:
Lots 6 and 7. Blk 2, Acker's Sub (2759 S.R. 580, Suite 211) Countryside Colonial Center Partnership
(Compu-Campus, Inc.), CU 92-22
Request - To permit commercial or trade school
Zoned - OL (Limited Office)
Approved (?notion by Mr. Hamilton, second by &fr. Carassas) subject to the following conditions:
P d: Z ACTION AGENDA
04-21-92
1) All instructions to be conducted inside the building,, and 2) The maximum number of students
to be accommodated at any time shall be fourteen (14). Motion carried unanimously (7 to 0).
2. M&B 1 1.01, Sec 8.29-16 (2907 S.R. 590, Suites 2 and 31 Mission mitts Plaza Venture i0tdsmart,
Inc./Hillside Market and Cafe), CU 92-23
Request - To permit package sales of beer and wine
Zoned - CN (Neighborhood Commercial)
Approved (motion by Mr. Hamilton, second by Mr. Carassas) subject to the following conditions:
1) The requisite occupational license shall be obtained within six (61 months of the dale of this
public hearing, 2) The sale of alcoholic beverages shall be restricted to package sales only, 3)
There shall be no consumption of beer and wine on the p(emises; 4) The sales of beer and wine
shall be prohibited after 9:00 p.m., 51 No deliveries to the establishment shall be performed after
9:00 p.m. or before 8:00 a.m, on any day, and 6) All possible external lights, other than those
needed for security, shall be extinguished by 1:00 am. Motion carried (6 to 1) with Mr. Carassas
voting nay.
3. M&B 11. 13, Sec 13-29-15 (51 Main Ave S, Suite 319) Clearwater Realty Assoc LtdiKenneth W
Heretick, as Receiver for Belcher Plaza II Shopping Center (Lincoln Learning Labs, Inc.), CU 92-24
Request - To permit tutoring of children as part of a testing and counseling service (use not specifically
identified in Code)
Zoned - OL (Limited Office)
Approved (motion by Mr. Savage, second by Mr, Carassas) subject to the following conditions: 1)
All instructions shall be conducted inside the building, 2) The requisite transportation impact fees
shall be paid prior to the issuance of an occupational license for the tutoring and counseling
facility, and 3) The requisite occupational license shall be obtained within 6 months from the date
of the public hearing. Motion carried unanimously f7 to 01.
4. Lot 3, less part taken for road, The Village at Countryside Parcel 4 Replat (26210 U.S. 19 N)
Countryside Assoc Ltd Partnership (Abkey No 7, Inc dlbla Fuddruckers), CU 92-25
Request - To permit on-premise consumption of beer, wine, and liquor
Zoned - CC (Commercial Center)
Approved (motion by Mr. Bickerstaffe, second by Mr. Merriam) subject to the following
conditions: 1) The sales of alcoholic beverages in the restaurant shall be restricted to
consumption on premises only with no package sales, 2) The requisite occupational license shall
be obtained within six (6) months from the date of this public hearing, 3) The applicant shall
obtain requisite building permit, and 4) The applicanflowner shall provide the City of Clearwater
with the results of any audit requested by the Division of Alcoholic Beverages and Tobacco upon
request. Motion carried unanimously (7 to 0).
5. Lots 2 thru 8 and 112 of vacated alley on west, Blk A, Replat Clwr Beach Park 1 st Add (470 Poinsettia
Ave) B.J.E., Inc. (Bungee Maxx), CU 92-26
Request - To permit: (1) Outdoor commercial recreation/entertainment, (2) Temporary retail sales and
display (bungee jumping); and (3) Temporary building - use riot identified in Code (bungee jump support,
assoc. retail)
Zoned - CB (Beach Commercial)
Continued (motion by Mr. Hamilton, second by Mr. Bickerstaffe) that this request be continued to
the meeting of May 5, 1992. Motion carried (5 to 1) with Mr. Carassas abstaining.
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT
AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
Land Development Code Text Amendment (continued from 4.14-92):
Ordinance No. 5192-92, amending Section 137.029, Code of Ordinances, to provide that certain land
use applications may not be filed if a similar application relating to any part of the same property was
denied within certain specified time limits; providing an effective date. (LDCA 92-051
1' & Z ACTION AGENDA
04-21-92
r-
1
Recommended to the Commission that they approve (motion by Mr. Carassas, second by Ms.
Martin) the above amendment with wording added as follows and underlined to Sec. 137.029,
Section 1 (c). Resubmission of application affecting same property Section 1 (1) (c) to read as
follows:
Section 1 (1) jq M) "Twelve (2) months for zoning atlas and comprehensive W d use plan
amendment applications, x m r hen ive lan m n m_nt Dap!) Qn_r+l?(in?IQ a
different rQninn atIgI amendment for the same nMerly for wh;ch there shall be np reanalication
fee. "
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS ?t.
G. BOARD AND STAFF COMMENTS r.
Ohl
I
P S Z ACTION AGENDA
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04-21-92
MINUTES 1 = .. '- tw? ''l I I`
PLANNING & ZONING BOARD MEETING
TUESDAY, APRIL 21, 1992 - 1:30 PM
PLEDGE OF ALLEGIANCE MAY 13 1992
INVOCATION IT , r , r ,St 1E=;T.
Members Present: Chairman Mazur, Bickerstaffe (arrived 1;43 p.m.), Carassas, Hamilton, Merriam, Martin
and Savage.
Also present: Scott Shuford, Planning Manager
Pat Fernandez, Recording Secretary
Chairperson Mazur outlined the procedures for conditional uses and advised that anyone adversely affected by a
decision of the Planning anti 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.
LIEM
A. APPROVAL OF MINUTES
B. REGUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. Request for Extension (first extension request, original request was for 6 months granted 10101191), Lots
63 thru 66, 113 thru 117, and part of Lot 112, Lloyd-White Skinner Sub, 1325 S. Gul(view Boulevard) Clara
and Dorothy Boldog (Americana Gulf Motels Ltd.), CU 91-69
Request - To permit on-premise consumption and package sales of beer, wine and liquor
Zoned - CH 28 (Resort Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
The applicant's representative, I)ortald McFarland. 108 S. Hercules, stated the timing in appearing before
both the Planning & Zoning Board and the City Commission was such that when they had their approvals
it was winter and their busy season. They will make every effort to apply soon but would feel comfortable
with six 16) months to apply for a building permit. The restaurant will be on the first floor behind the
registration desk.
r r !Con
Approved (motion by Mr. Hamilton, second by Mr. Bickerstaffe) subject to the following conditions.
11 The requisite building permit shall be obtained within six (6) ?nonths of the date of this public
hearing, and 21 The requisite occupational license shall be obtained within twelve (121 months of the
date of this public hearing. Motion carried unanimously (7 to 01.
C. CONDITIONAL USES:
Lots 6 and 7, Blk 2, Acker's Sub 12759 S.R. 580, Suite 211) Countryside Colonial Center Partnership
(Compu•Campus, Inc.), CU 92-22
Request - To permit commercial or trade school
Zoned - OL (Limited Office)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant's representative, Bob Deg, 2774 Countryside Boulevard, Unit 3, Clearwater, stated they will teach
adults software uses and SAT preparation to high school students. He presently plans to teach eight
students at one time in two-hour sessions between 8:00 am and 8:00 pm.
P & Z MINUTES
04-21-92
NQ orJQQn None
Approved (motion by Mr. Hamilton, second by Mr. Carassas) subject to Ilia following conditions: f)
All Instructions to be conducted Inside the building; and 2) The maximum number of students to be
... accommodated at any time shall be fourteen (14). Motion carried unanimously (7 to 0).
2. M&B 11.01, Sec 8-29.16 (2907 S.R. 590, Suites 2 and 3) Mission Hills Plaza Venture (Oldsmart,
Inc./Hillside Market and Cate), CU 92-23
Request - To permit package sales of beer and wine
Zoned - CN (Neighborhood Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant, Claudia Th alii. 11659 Sunshine Pond Road, Tampa, stated they previously owned a deli in
Oldsmar and plan an old fashioned Mom and Pop operation. They have never had problems with teenagers
and will have signage relative to package sales. They do not feel their plans will detract from the
neighborhood.
Pro:
Dan r r 3340 San Pedro, Clearwater, stated he is the manager of the Mission Hills Shopping Center.
The Plaza was developed in 1974 as a service plaza for the condominiums.
9-Q-W.
Jim Jenkins , 2888 S.R. 590, Clearwater, stated he lives across the street and built his home in 1973.
Previous package tenants which were open until 11:00 pm became hangouts and the noise of squealing
tires occurred frequently. He feels another alcoholic package store is not needed. He does not believe the
prohibition of selling single bottles would help.
Jim Dunn 2896 S.R. 590, Clearwater, stated he lives near Mr. Jenkins and has resided there since 1976.
There were massive crowds of young people hanging out when Pick Kwik was there. The second tenant
was at first an improvement but later became lax and later moved down the street. The restaurant located
in the plaza has a license for both consumption on premise and package sales. Mr, Dunn believes alcohol
and drivers do not mix.
Arthur -chaN 2884 S.S. 590, Clearwater, states he was the first resident and has lived across the street
since 1973. The flood lights from the center are an all night and are so intense they light up the interior
of his home. He would tike to sell but feels no one would be interested with a plaza across the street.
In rebuttal, ¢an Grimmer. stated that while he empathizes with the opponents, this is a strip commercial
center. There is a mix of tenants from beauty shop to butcher, Most condominium residents are elderly
and either walk or ride their bicycles to this center. In response to a question about the lights, he stated
Florida Power put the lights up to give security to persons visiting the center late at night. Mr. Grimmer
can contact Florida Power about putting them on a timer so they would go off at a designated time.
In rebuttal, Prthur-Schall stated that originally the center was not to have ingress or egress from S.R. 590.
Problems with this becoming a hangout will recur and he does not feel this request should be granted.
In rebuttal, Jim Jenkin2, believes the area is residential and it should be kept that way.
In rebuttal the applicant, I i h lil, stated they do not operate like a convenience store arid have helped
their neighbors and the schools. Being a parent of young children, she does not believe In drugs or alcohol.
They had no problems in their previous operation and she does not Intend to let the parking lot become a
hangout. She feels that the objections are from S.R. 590 residents who do not want any type of shopping
center there.
Board concerns were about the proliferation of alcoholic beverage locations and ilia impact upon citizens.
The standards set forth in the Code was read arid this application appears to be compatible. The 9:00 pm
closing should alleviate some of the problems that have occurred. Mr. Carassas believes the problem would
be solved If alcoholic beverages were not sold individually.
Approved (inotion by Mr. Hamilton, second by Mr. Carassas) subject to the fallowing conditions: t)
P & Z MINUTES 2 04-2I-92
The requisite occupational license shall be obtained within six 161 months of the date of this public
hearing, 21 The sale of alcoholic beverages shall be restricted to package sales only, 31 There shall
be no consumption of beer and wine on the premises; 41 The sales of beer and wine shall be
prohibited after 9:00 p.m., 51 No deliveries to the establishment shall be performed after 9:00 p.m.
L= ! or before 8:00 a.m. on any day, and 61 Alf possible external lights, other than those needed for
security, shall be extinguished by 1:00 ant. Motion carried (6 to 1) with Mr. Carassas voting nay.
3. M&B 11.13, Sec 13-29-15 (51 Main Ave S, Suite 319) Clearwater Really Assoc Ltd/Kenneth W Heretick,
as Receiver for Belcher Plaza II Shopping Center (Lincoln Learning tabs, inc.), CU 92-24
Request - To permit tutoring of children as part of a testing and counseling service (use not specifically
identified in Code)
Zoned - OL (Limited Office)
Mr. Shuford gave the background of the case and submitted, In writing, the staff recommendation.
Applicant's representative, Eric Larson. 9939A E. Fowler Avenue, Thonatassassa, slated they are moving
their operation from one location in Clearwater to another. The current location lease expires in May and
the new site is ideal for the Clearwater branch of their school.
Pro:
Charigp Prather, lease agent, 123 Valor Street, St. Petersburg, stated the center is currently in receivership
in the foreclosure process. They have done considerable work to bring in now tenants to make the center
a working one and this tenant would be a step in that direction.
Approved (motion by Mr. Savage, second by Mr. Caressasl subject to the following conditions: 1)
All Instructions shall be conducted Inside the building, 21 The requisite transportation Impact fees
shall be paid prior to the Issuance of an occupational license for the tutoring and counseling facility,
and 31 The requisite occupational license shall be obtained within 6 months from the date of the
public hearing. Motion carried unanimously (7 to 0).
4. Lot 3, less part taken for road, The Village at Countryside Parcel 4 Replat (26210 U.S. 19 NI Countryside
Assoc Ltd Partnership (Abkey No 7, Inc dlbla Fuddruckers), CU 92-25
Request - To permit on-premise consumption of beer, wine, and liquor
Zoned - CC (Commercial Center)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
The applicant's representative and Director of Operations, John Woodward, 2639 NE 26th Street, Ft.
Lauderdale, stated they recently purchased and remodeled this Fuddruckers and desire to add liquor which
they have in their other locations in the state. Liquor is a small percentage of sales, possibly 2-3%. There
Is space for eight tables outside and they would like io have this capability if it is allowed.
Pro gr Con: None
Approved (motion by Mr. Bickerstaffe, second by Mr. Merriaml subject to Me following conditions:
11 The sales of alcoholic beverages In the restaurant shall be restricted to consumption on premises
only with no package sales, 21 The requisite occupational license shall be obtained within six (61
months from the date of this public hearing, 31 The applicant shall obtain requisite building permit,
and 4) The zrpplicantlowner shall provide the City of Clearwater with the results of any audit
requested by the Division of Alcohollc Beverages and Tobacco upon request. Motion carried
unanimously (7 to 01.
5. Lots 2 thru B and 112 of vacated alley on west, Blk A, Replat Clwr Beach Park 1 st Add (470 Poinsettia Ave)
B.J.E., Inc. (Bungee Maxxl, CU 92-26
Request -To permit: (1) Outdoor commercial recreation/entertainment; (2) Temporary retail sales and display
(bungee jumping); and (3) Temporary building - use not identified In Code lbungee jump support, assoc.
/ retail)
E? Zoned - CB (Beach Commercial)
P & Z MINUTES 3 04-21-92
Mr, Carassas announced a conflict of interest and will not participate in the discussion or vote,
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The
? applicant left a message stating he could not be here and staff is unaware If he wants to continue or is
1 °'•?' withdrawing his request. Continuance was then suggested thereby allowing the applicant to make his
wishes known.
Pf4or QQII: None
Continued (motion by Mr. Hamilton, second by Mr. Bickerstaffel that this request be continued to
the meeting of May 5, 1992. Motion carried (5 to 1) with Mr. Carassas abstaining.
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXTAMENDM ENT,
AND LOCAL PLANNING AGENCY REVIEW.
1. Land Development Code Text Amendment (continued from 4-14-92):
Ordinance No. 5192-92, amending Section 137.029, Code of Ordinances, to provide that certain land use
applications may not be filed if a similar application relating to any part of the same property was denied
within certain specified time limits; providing an effective date. (LDCA 92-05)
Mr. Shuford, in response to previous concerns expressed by the Board, discussed this item with Legal. Mr.
Shuford furnished a copy of the ordinance with a suggested wording change.
Pro or-Con : None
Recommended to the Commissian that they approve (motion by Mr. Carassas, second by Ms. Martini
the above amendment with wording added as follows and underlined to Sec. 137.029, Section 110.
Resubmission of application affecting same property Section 1 11) fc) to read as follows:
Section 1 (1) frd IN "Twelve (2) months for zoning atlas and comprehenslve lniidF'ri?4. plan
amendment applications, ceota qomprehgnsive plan amendment applica&n rela(lnjZ to a dWerent
zontni51tlas Vmrn nt for the sgmp, 12roo .rift' for whlQh there stfafl be no reaoollca(r n fee."
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
Mr. Shuford announced that Pat Fernandez, Recording Secretary, was promoted to the department head
secretary and would serve the Board at one more meeting.
G. BOARD AND STAFF COMMENTS
Discussion ensued relative to the status of the bungee jumping application at Clearwater Beach. They had
asked for a temporary site to get started and then a permanent location at another site after a motel was
torn down. They were not successful in obtaining the necessary height variance. Four different operations
have inquired about this endeavor In the City.
Ms. Martin will not attend the May 5, 1992 meeting.
The meeting was adjourned at 3:45 pm.
i?
P & Z MINUTES
4 nl'
A/vsA James M. fatty, Jr., Director, PI nni g & Development
4
04-21-92
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111STRUCTIONS FOR COMPLIA14CE+ WITH SECTION 112,3143, FLORIDA SIATUIES
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APPOIN1 UD OFFICE.11.5:
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