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05/19/1992 (2) ,~, ..t...,.I~.,.. ."., ..'~' ." ,.......1.'..... '" .....J..., '...j..... ..... l~~~i' .'; '.', .."..... >.~... ,.-.... ACTION AGENDA PLANNING (\I ZONING BOARD MEETING TUESDAY, MAY 19, 1992.1:30 PM \, J 1 , , . I )..' ~. i I . I ;j ',', I. I ~: / PLEDGE OF ALLEGIANCE INVOCATION i JUN 11 1992 ! ( J' 1,1/ I ; ~ A. ITEM APPROVAL OF MINUTES 1, May 5, 1992 J', APPROVED CONomONAl USES. ANNEXATlON. 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 CONOmONAL USE REGUESTS IS GIVEN UNDER OATH. , . 2. 3. 4. 5. 6. 7. 8. 9. .,..... 10. r ,,. '.- 12. 13. The Chairperson reads from the Public Hearing Notice each item as it is presented. The staff report and pertinent background information arc presented. . 5 minutes maximum. Staff presents any supporting written 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 minutes maximum for each individual; or spokcspers:m for group - 10 minutes maximum. Persons who oppose the application speak - 3 minutes maximum for each individual; or spokesperson for group - 10 minutes maximum. Persons supporting the application {other than applicantl may speak in rebuttal - :3 minutes maximum. Persons opposing may speak in rebuttal - 3 minutes maximum. The applicant has an opportunity for final rebuttal - 5 minutes maximum. Public Hearings are closed. Discussion by the Board. The Board makes a decision. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORO OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. REOUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: NONE C. CONDITIONAL USES: 1. M&B 32.03, Sec. 30-28.16 (2505 Countryside Blvd.}; Executive Corp. of Clearwater, Inc. (Shamrocks on the Green} CU 92-27 Request - To permit on.premise consumption of beer, wine and liquor Zoned - RecPD {Recreational Planned Developmentl Applovcd {Motion by Mr. Carassas. seconded by Mr. Savaga} subject to 'hc fol/owing conditions: 7 J Tile rcquisita occupational /icanse slwl/ be obtained within S;K montlls of the date of tllis public l)Caring; and 21 TI)C applicant s/wfl comJct tlJC application to reflect ilK! proper squara footage of 5000 sq/Jara footago for this alcobolic bcvoroyo establishment. Motion carried unanimously (7 to 0). P & Z ACTION AGENDA 05- 19.92 2, M&B's 23.03. 23.031, and 23.032, Sec. 6.29- 1 6 11921 &: 1923 N Belcher Ad); Webb's Nurserv. Inc. IJewel Osco/Albertson's Inc.) CU 92-28 Acquest. To pcrmit package salcs 01 beer and wine 11921 N Belcher!; and to permit package sales 01 beer, wine and liquor (1923 N Belcher) Zoned. CPO ICommercial Planned Development) r"-- , , Approved continuance to June 16. 1992 (motion made by Mr. Hamilton. seconded by Mr. Bid:crstaffe). Motion carried unanimously (7 to 0). 3. M&B's 33,02 & 33.021, Sec. 20-29-19118425 US 19 N, Unit #1); Home Shopping Network Realty, Inc. (Fruits, Nuts & Bananas, Inc.rrhc Docket) CU 92-29 Request. To permit on'premise consumption of beer and wine Zoned - CC (Commercial Center) Approved (motion made by Mr. Hamilton. seconded by Mr. Bickcrstaffe) subject to the following conditions: 1) The requisite occupational licanse shall be obtained within six (6) months of the date of this public hearing; and 21 The sales of alcoholic beverages shall be restricted to consumption on premises wIth no package sales. Motion carried unanimously (7 to 01. O. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT. LAND DEVELOPMENT CODE TEXT AMENDMENT. AND LOCAL PlANNING AGENCY REVIEW: 1. Lot 6, Orange Blossom Sub 11591 Owen Or.), Arthur D. and Cassie W. Kidder, Trustees A 92-01; lUP 92-07 Request - Annexation, Land Use Plan and Zoning Atlas Amendments lAND USE PLAN: FROM: Unclassified TO: Low Density Residenlial '-" RL'Commcnded that tiN) City Commission approve (motion made by Mr. Merriam, seconded by Mr. Bic);crstaffel the Annexation. Land U.'ie Plan amendment (rom unclassiied to Low Density Residential. and the Zoning Atlas amendment to RS-8 (Single Family ResidentiaO. Motion carded unanimously (7 to OJ. -- ZONING: RS 8 [Single Family Residential) Recommended that the City Commission approve (motion made by Mr. Hamilton. seconded by Mr. Savage). the Annexation, Land Use Plan Amendment 'rom unclassified to Low Density Residential. and the Zoning Atlas amendmrmt to RS-B (Single Family RcsidcntiiJl). Motion carried unanimously (7 to OJ. 2. M&B 22-18. Sec. 16.29- 1 6 (3053 Cherry Lane}; Edward E. Oxley & Scott J. Goodine A 92.02; LUP 92-06 Request. Annexation, land Use Plan and Zoning Atlas Amendments LAND USE PLAN: fROM: Unclassified TO: Low Density Residential ZONING: RS 8 (Single Family Residenlial) P & Z ACTION AGENDA 2 05-19-92 ,.--.... I ' , ) ,-~,' , " '-...r 3. Part of Lot 2, Blk, 1, R. H. Woodley Sub (861 N Hercules Ave,); Sun Bank of Tampa Bay Z 92.06; LUP 92-08 Request. Land Use Plan and Zoning Atlas Amendments lAND USE PLAN: FADM: Residential/Office TO: Public/Semi.Public ZONING: P/SP (Public/Semi'Publicl Recommended that the City Commission approve (motion made by Mr.' Hammon, seconded by Mr. BickcrstaffeJ the Land Use Plan Amendment from ResidcntiallOlfice to Pub/ic/Seml-Public and the Zoning Atlas Amendment to PubliclSemi-Public. Molion carried unanimously (l to OJ. E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS P & Z ACTION AGENDA 3 05.19.92 MINUTES PlANNING & ZONING BOARD MEETING TUESDAY, May 19, 1992 . 1 :30 PM t'- PLEDGE OF ALLEGIANCE INVOCA TION Also present: Scott Shuford, Planning Manager Doreen Feldhaus, Recording Secretary Members Present: Chairman Mazur, Messrs. Bickerstaffe, Carassas, Hamilton, Merriam, Mr. Savage, Ms. Martin Chairman 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 Approved (Motion by Mr. Car;Jssas, seconded by Mr. Savage) minutes of May 5, 1992. Motion carried unanimously (7 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None C. CONDITIONAL USES: 1. M&B 32.03, Sec. 30-28-16 (2505 Countryside Blvd.); !:xecutive Corp. of Clearwater, Inc. (Shamrocks on the Greenl CU 92.27 ~. . .. Request - To permit on-premise consumption of beer, wine and liquor Zoned - RecPD (Recreational Planned Development! Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford noted that the application indicates that the property is 6,000 sq. ft. and felt this was stated incorrectly. as the previous application for this property indicated 5,000 sq. ft.; and that the applicant could clarify this information. Mr. Shuford advised that one letter of support had been received from Mr. & Mrs. J. Casse. In response to questions by the Board, the applicant's representative, Michael Davie, 1799 Highland Ave., Apt 1-104, stated he will be the full time manager of the proposed restaurant, that he has many years of restaurant experience. Mr. Doyle advised that the square footage was incorrcct on the application and would amend the application to read 5,000 sq. ft. Pro or Con: None Approvad (Motion by Mr. CafiJssas, seconded by Mr. Savage) subject to tile following conditions: 1) Tl1e requisite occupational Iiccnsa sllall be obtained within six mont/Is of tile date of tllis public haaring; and 2) Tile applicant shall correct tile application to reflect tlw proper squara footaoa of 5000 square footage for tllis alcoholic bcvafiJge establishment. Motion carried unanimously (7 to OJ. Mr. Shuford noted that before the conditional use permit will be issued. the applicant will be required to correct and initial the application to read 5,000 sq. ft. 2. M&B's 23.03. 23.031. and 23.032. Sec. 6-29.16 11921 & 1923 N Belcher Ad}; Webb's Nursery, Inc. (Jewel Osco/Albertsons Inc.} CU 92-28 \.rlO'/ Request. To permit package sales of beer and wine (192 1 N Belcher); and to permit package sales of beer, wine and liquor 11923 N Belcher! Zoned. CPD (Commercial Planned Development! Mr. Shuford gave the background 01 the case and submitted, in writing, the staff recommendation. Mr. Shuford advised that tile applicant would be requesting continuilncc of this request. , . ~, ',t ~I - '. ...... . . '. it'..'.. r." . " ('- ~--.' Applicant's representative, Todd Pressman, 12807 W, Hillsborough Ave., Tampa, stated a continuance is requested to the June 16th meeting due Albertsons being the flew owner 01 this property, and having received the staff report late. He stated that it is Albertsons' desire to work with the community. Pro: None Con: Renis Tavlor. 1935 Old Coachman Road, expressed concerns including; problems with noise and debris from the parking lot, delivery trucks coming and going, lighting and traffic, Ms. Taylor stated that the previOUS owner had promised to install a wall as a bulfer to the surrounding residential properties was this was not done. Approved continuance to June 16. 1992 (motion made by Mr. Hamilton. seconded by Mr. Bickcrstaffel. Motion carried unanimously (7 to 01. 3. M&B's 33.02 & 33.021, Sec. 20.29-19 (18425 US 19 N, Unit 1111; Home Shopping Network Realty, Inc. (Fruits, Nuts & Bananas, Inc./The Docket! CU 92~29 Request - To permit on'premise consumption of beer and wine Zoned . CC (Commercial Centerl C" Mr. Shuford gave the background 01 the case and .submitted, in writing, the staff recommendation. Applicant's representative (and Vice President of Fruits, Nuts & Bananas, Inc. I. Ron Smith. 4695 Ulmerton Rd., stated that this is a "Mom & Pop" type establishment selling beer and wine. He stated that they will continue the same operation and that pizza is being added to the menu. In response to questions by the Board, Mr. Smith stated that Dan Moose is President of the new corporation and will run the business, and that he has had experience managing restaurants in the past. Mr. Smith noted that music will be iukebox only, and that no outdoor music will be provided. Pro or Con: None Approved (motion made by Mr. Hamilton. seconded by Mr. Bickerstaffel subject to the following conditions: 1) The requisi(o occupational licenso shalf bo obtained witMn six (5J montlls of the date of tllis public hearing; and 2) T/1o salos of alcoholic bov(Jrag(Js shall be restricted to consumption on premises with no package sales. Motion carried unanimously (7 to OJ. D. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT. LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lot 6, Orange Blossom Sub 11591 Owen Or .1, Arthur D. and Cassie W, Kidder, Trustees A 92-01; LUP 92.07 , Request - Annexation, Land Use Plan and Zoning Atlas Amendments LAND USE PLAN: FROM: Unclassified TO: Low Density Residential ZONING: AS 8 (Single Family Residential) Mr. Shuford gave the buckorounrl of the case and submittlld. in writing, the staff recommendation. Pro or Con: None Rt.'commended tllat the City Commission approve (motion mack by Mr. lIam#ton. seconded by Mr. Savaf)E.'). tile Annexation. Land Use Plan Amendment from unc!assifiud to Low Density Residential. and tile Zoning Atlas amendment to RS.8 (Single Family Residunti;JII. Motion carried un;mimously (7 to OJ. 2. M&B 22.18, Sec. 16-29.16 (3053 Cherry Lanel: Edward E. Oxley & Scott J. Goodine A 92-02; LUP 92-06 P & Z MINUTES " 5/19/8.2 f~'~ . . . ' .-...... Rcquest . Annexation, land Use Plan and Zoning Atlas Amendments. lAND USE PLAN: FROM: Unclassified TO: low Oensity Residential ZONING: RS 8 ISingle Family Residential) Mr. Shuford gave the background of the case and submitted, in writing, the staff rccommendation. Pro or Con: None Recommended tllat too City Commission approve (molion made by Mr. Merriam. seconded by Mr. 8ickorstaffe) the Annexation. Land Use Plan amendment from unctassiicd to Low Density Residential. and the Zoning Atlas amendment to RS..(J (Sinole Family Residantial). Motion carried unanimously (7 to OJ. 3. Part of lot 2, Blk. 1, R. H. Woodley Sub (861 N Hercules Ave.); Sun Bank of Tampa Bay Z 92'()6; LUP 92-08 Request. land Use Plan and Zoning Atlas Amendments LAND USE PLAN: FROM: Residential/Dlfice TO: Public/Semi.Public ZONING: P/SP (Public/Semi.Publicl Mr. Shuford gave the background of the case and submitted, in writing, the staff rccommendation. Mr, Shuford noted three phone calls were received by Planning staff expressing Objection to this request stating concerns including excessive noise and a potential decrease in property value. Applicant's representative, David Platte, 121 N. Osceola, stated that originally Mr. Carlton Ward was the applicant's representative but has a conffict. Mr. Platte stated that presently the school is for grades are K.B. He stated that short recess periods are held in the morning and afternoons and felt the noise should not be a problem since the neighboring offices appear to be closed (no open windows) and that there is a retention pond and parking lot between the play area and doctors offices. Mr. Platte stated this property was previously used for an adult school and that this use is appropriate for the arca. Mr. Platte felt that a school could not be a factor to decrease to the property values in the area. em: Kathryn Honka. 1428 Palmetto St., Executive Director of True School, stated that generally there is a maximum of 120.130 students. 9 teachers and stall of 23; and that the school operates regular academic program year round. In response to questions by the Board, Ms. Honka stated that recess periods are staggered and the students will be out in small groups for 30 minutes at a time between 1 1:30am and ':30pm. Mr. Platte stated parking and striping is already in place and they do not anticipate any modifications to the building. He added that a fence will be installed around the play area. Board discussion included concerns regarding concurrency, site plan review, and rezoning just for the school. Mr. Shuford explained the process for concurrency review, and that P/SP is the only zoning district where a school is a permitted use. Mr. Shulord advised that sile plan review is not required and that the City cannot govern school activities, Pro or Con: None Recommended tllat tllo City Commission approve (motion marJc by Mr. Hamilton. sc..'ComJed by Mr. BickerstiJffe) the L;md Use Plan Amendment Irom Residential/Office to Public/SemU1Jblic and the Zoning Atlas Amendment 10 PlJblic/Sllmi.Public. Motion carried un,1nimously (7 10 OJ. P & Z MINUTES S 'i 9/92 " E. CHAIRMAN'S ITEMS Mr. Mazur advised he will be on vacation from June 1 7-25th, and inquired.ol the Board their vacation plans. Mr. Merriam noted he had previouslV advised that he would 'be awav June 2nd. and from July 18th through August 2nd. Mr. Hamilton stated he will be absent July 14th. and Mr. Carassas advised he will be absent June 30th. F. DIRECTOR'S ITEMS None. G. BOARD AND STAFF COMMENTS Mr. Carassas asked what the status is of the Cabana Club. Mr. Shuford advised he will follow up on this item. Meeting adjourned at 2:30pm. '0, P & Z rt.INUTES ~ ~/19/92 "I , ...,,-, ,c