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09/15/1992 (2) r~'" " ~.. . . . ,.... :. ',' .., r: .;'! '<. .-:r >.,-.. ~4 ./ r: ';' ':~'... " ACTION AGENDA PLANNING & ZONING BOARD MEETJNG TUESDAY, SEPTEMBER 15,1992 - 1:30 PM ('1' .11 .-'/' - "/ ,',. '" ITEM W~CGfEnw~~ .m S EP 2 2 1992 ~ C/lY CLERK DEP1" A. APPROVAL OF'MINUTES 1. September 1, 1992 APPROVED B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Reauest for six month extension (first extension request): The Beach Place Motel, A Condo (301 S. Gulfvlew Blvd), KM. RaJewski (real estate office), CU 92~17 Request - To permit business/professional office which serves the tourist Zoned - CR-28 (Resort CommerclaQ Approved (motion by Mr. Hamilton, and seconded by Mr. Carassas) subject to the foJ/owing condH/ons: 1) Appficant shall obtain the requisite variances or otherwise meet the requirements of the Land Development Code prior to obtaining a bulfding permit; and 2) The bufJding permit shall be obtained within six (6) months of the date of this public hearing. Mot/on carried unanimously (7 to 0). C. CONDITIONAL USES: 1. Part of Tract A, Central Park Resub (2097 Drew St.), Remprop, Inc, (Jose's Mexican Restaurant, Inc.), CU 92~63 2. Request - To permit on-premIse consumption of beer and wine Zoned - CG (General Commercial) and RM-16 (Mulliple-Family ResidentJaQ Approved (motion by Mr. Haml1tlon, and seconded by Mr. Blckerstafe) subject to the following conditions: 1) The requisite occupational license shall be obtalnea within 6 months from the date of this public hearing; 2) The sale of alcoholiC beverages shall be limited to consumption on premises only with no package sales; 3) The applicant shall obtain approval from the City Commission for any requisite separation variance; and 4) The sale of beer and wine for on premises consumption shall be prohibited after 11 :00 p.m. dai/y. Motion carried unanlousfy (7 to 0). M&8 13.02, Sec. 1-29-15 (1903 N Hercules Ave), Markos & Maria Poniros (Aum's Discount Beverage), CU 92-64 Request - To permit package sales of beer and wine Zoned - CN (Neighborhood Commercial) Approved (motion by Mr. Hamilton, seconded by Mr. Savage) subject to the following conditions: 1) The trash dumpsters shall be either relocated out of the 25 ft. setback area or shall be screened with a solid wood fence with ali appropriate variances obtained prior to the Issuance of an occupationallfcense. A minimum 12 foot gate Is required to provide access and any such approvals shall be coordinated with the Sanitation Department; 2) The plant materials required for per/meter landscape areas In Sect/on 136.023 shall be provided prior to Issuance of an occupational license; 3) The requisite occupational license shall be obtained within six months from the date of this public hearing. P & Z ACTION AGENDA 09/15/92 '....._," "\"'-- . .....'ic -' " . 3. M&B 23.03, Sec. 17-29-16 (21051 US Hwy 19 N) Loretto Boswell Mlnnear, Trustee (Club 21; presently Cindy Burger), CU 92.65 Request - To permit on-promise consumption and package sales of beer, wine and liquor Zoned - CH (Highway Commercla~ DENIED (motion by Mr. Merriam, seconded by Mr. Hamilton). Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: REQUESTS FOR ANNEXATION, LAND USE PLAN AND ZONING ATlAS AMENDMENTS: 1. Lot 6, Blk. E. Oak Acres Add (1216 Duncan Ave S), Patricia J. Bacun, A 92-08. LUP 92-15 Land Use Plan: From Unclassiried to Low Density Residential Zoned: RS-6 (Single Family Residentlaij Recommended the City Commission approve the request for Annexation, Land Use Plan Amendment from Unclassified to Low Density Residential, and Zoning of RS.6 (motion made by Mr. Hamilton, and seconded by Mr. Merriam). MotIon carried unanimously (7 to 0). 2. Lot 5, Lake Lela Manor First Add (1836 Brentwood Dr). John E. & Deborah A. Johnston), A 92-09; LUP 92-16 Land Use Plan: From Unclassified to Low Density Residential Zoned: RS-4 (Single Family Residential) Recommended the City Commission approve the request for Annexation, Land Use Plan Amendment from Unclassified to Low Density Residential, and Zoning of RS-4 (motion made by Mr. Hamilton, and seconded by Mr. Carassas). Motion carried unanimously (7 to 0). 3. M&811.0B, Sec. 5-29-16 (2989 UnIon St), Sylvan Abbey Memorial Park, Inc.: A 92-10; LUP 92-17 Land Use Plan: From Unclassified to Public/Semi-Public Zoned: PIS? (Public/Semi-Public) Recommended the City Commission approve the request for Annexation, Land Use Plan Amendment from Unclassffled to Public/Semi-Public, and Zoning of P/SP (motion made by Mr. Carassas, and seconded by Mr. Savage). Motion carried unanimously (7 to 0). E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS P & Z ACTION AGENDA 2 09/15/92 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, SEPTEMBER 15, 1992 - 1:30 PM rrn ~ @ rm u ~J ~ \~ ~ OCT 0 1 1992 ~ CITY CLERK DEPT. r'" PLEDGE OF ALLEGIANCE INVOCATION Members Present: ChaIrman Mazur, Messrs. Blckerstaffe, Carassas, Hamilton, Merriam, Savage, Ms. MartIn Also present: Sandra Glatthorn, Senior Planner James M. Polatty, Jr., Director of Planning and Development Doreen Feldhaus, Recording Secretary ITEM A. APPROVAL OF MINUTES 1. September 1 t 1992 Mr. Blckerstaffe expressed concern over condition of approval #1 for Clearwater Radiator from the September 1, 1992 meetlng (Agenda Item # C-1, Case #CU 92-60). He felt the condition does not properly express the Intent of the Board's approval of thIs request. George Greer, Clearwater Radiator's representative, stated he is also concerned that condition #1 could be a problem In the future In that the plans will be changing in the development review process and that this conditlon is too limiting, A lengthy discussion ensued regarding the condltlons of approval of this case, and the restrictions I Imposed by the standard conditions #1. ........ It was the consensus of the Board that clarification of the intent of approval should be included in the minutes of September 1, 1992. A motIon was made by Mr. Bickerstaffe, and seconded by Ms. Martin to approve the minutes of September 1, 1992 wIth the addition of a clarification that the intent of the motion for approval for Case #CU 92-60 was not to conffne, rather keep within the boundarIes of the proposed building footprint of the conceptual plan: and that the final development plans shall be in accordance wIth City code requirements. Motion carried unanimously (7 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. ReQuest for six month e>..1enslon (first extension reQuest): The Beach Place Motel, A Condo (301 S, Gulfvlew Blvd), K.M. Rolewski (real estate office), CU 92-17 Request - To permit business/professional office which selVes the tourist Zoned - CR-28 (Resort Commercial) Mrs. Glatthorn gave the background of the case and submitted, In writing, the staff recommendation. Applicant's representative, Harry Cline, 400 Cleveland Street, stated they had been waiting for an ordinance Change that avoided the application of a mixed use formula which was adopted In July. He stated the applicant has not had time to react to the parking variance requirements for thIs project and still be able to meet the original 6 month condition of this Board and asked the approval of an additional six months, P &. Z MINUTES 09/15/92 I ...., J ... >/ . ;-" . . '. , . I .'~:' I, . . " . . . . ... '" . \ I . ,'. 'j..,". . I . . ~ .. r"",-) '-~ ) . } -- - Pro: None Con: None In response to questions by the Board, Mr. Cline stated they have not yet flied for the variance due to the time factor Involved in the passing of the ordinance. A motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to approve an extension of 6 months subject to the following conditions: 1) Applicant shall obtain the requisite variances or otherwise meet the requirements of the Land Development Code prior to obtaining a building permit; and 2) The building permit shall be obtained within six (6) months or the date of this publlc hearing. Motion carried unanimously (7 to 0). C. CONDITIONAL USES: 1. Part of Tract A, Central Park Resub (2097 Drew St.), Remprop, Inc. (Jose's Mexican Restaurant, Jnc.), CU 92-63 Request. To permit on-premise consumption of beer and wine Zoned - CG (General Commorclal) and RM-16 (Multiple-FamUy Residential) Mrs. Glatthorn gave the background of the case and submitted, In writing, the staff recommendation and noted that two letters of support had been submitted. Gloria Dlaz, appllcant, 2097 Drew Street, stated they are requesting permission to sell beer and wine to be selVed with meals, which has been requested by their customers. Ms. Djaz stated that their hours are now 11 :00 a.m. to 10:00 p.m. In response to questions by the Board, Ms. Olaz stated that there Is no problem with the conditions recommended by staff and that to be allowed to be open until 11 :00 p.m. would be better should they decide to remain open later In the future. ~ None Con: None Discussion ensued regarding the hours of operation as stated on the application, and the language of the standard condition #1. A motion was made by Mr. Hamilton, and seconded by Mr. Blckerstaffe, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained within 6 months from the date of this public hearing; 2) The sale of alcoholic beverages shall be limited to consumption on premises only with no package sales; 3) The applicant shall obtain approval from the City Commission for any requisite separation variance; and 4) The sale of beer and wine for on premises consumption shall be prohibited after 11 :00 p,m. daily. Motion carried unanimously (7 to 0). 2. M&B 13.02, Sec. 1-29-15 (1903 N Hercules Ave), Markos & Maria Poniros (Aum's Discount Beverage), CU 92-64 Request - To permit package sales of beer and wine Zoned - CN (Neighborhood Commercial) Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation and noted that staff received two letters of objection. Applicant, Rakesh Patel, 1903 N. Hercules, stated he is requesting a conditional use for package safes of beer and wine only. He stated he will also sell groceries. This location was previously a 7-11 Store. P & Z MINUTES 2 09/15/92 (-,,-') , " ') - ' <~ -) In response to question's by the Board, Mr. Patel stated that the business wtll be a convenience store similar to a 7.11 Store, and that he has experience In this type of business In helping his brother.in-law run hIs business. Mr. Patel stated he would be the owner and operator of the business, the business will crose at 10:00 p.rn, dally, and there will be no gasoline sales. Mr. Patel stated he understood the recommended conditions and had no problem with them. Pro: None Con: Mrs. Glatthorn stated that the letters of objection were from Mary Mitchell and one from Roy Palmer, which basically state they have experienced problems from liquor sales in the past at thIs location, and that currently there Is already a bar In the plaza. Discu~slon ensued regardIng prohibiting the sale of gasoline at this location, and the traffic problems on Sunset Point Road. A motion was made by Mr. Hammon, and seconded by Mr. Savage to approve this request subject to the following conditions: 1) The trash dumpsters shaH be either relocated out of the 25 setback area or shall be screened with a soJJd wood fence with all appropriate variances obtained prIor to the issuance of an occupational license. A minimum 12 foot gate Is required to provide access and any such approvals shall be coordinated with the Sanitation Department; 2) The plant materials required for perimeter landscape areas In Section 136.023 shall be provided prior to Issuance of an occupational license; and 3) The requisite occupational license shall be obtained within sIx months from the date of this public hearing. Motion carried 6 to 1. with Mr. Merriam voting "nay.. 3. M&B 23.03, Sec. 17-29-16 (21051 US Hwy 19 N) Loretto Boswell Minnear, Trustee (Club 21: presently Cindy Burger), CU 92-65 Request - To permit on-premise consumption and package sales of beer, wine and liquor Zoned - CH (Highway Commercial) ........ Mrs. Glatthorn gave the background of the case and submitted. in writing, the staff recommendation, Discussion ensued with the Board and staff regarding parkIng requirements for this request. Applicant Ronald Miller, 10B7 Lexington Court, Largo, stated they are trying to purchase this property and a condition of the sale Is that the 4.COP license be approved. Mr. Miller stated they want to change the Cindy Burger to a cocktail lounge with drive through package sa lea. He stated that their real estate agent Inquired of staff whether there would be any problem changing from a 2.COP to a 4-COP and was told there should not be a problem to make the license change however, staff advised they were recommending denial due to rack of required parking. He fett they should have been told this before. Mr. Miller stated he has been in the bar business in Pinellns County for 26 years with no problems with the polie'e, health department, or the State licensing Board. In response to questions by the Board, Mr. Miller stated that the incidents (I.e. disorderly intoxication, resisting arrest, etc.) listed In the Police Department's report were not related to his business and that he has not been drinking for four years. He stated that he Is not sure of what they will do at this location, and that they mayor may not consider adult entertainment/lemale dancers in the future. Applicant, Britt Miller, 9875 58th Ave. No., SI.Petersburg, stated that Detective Pease of the Pollee Department asked exaclly what they would be doing at this location and they did not know exactly. Detective Pease told them the most objectionable use would probably be adult entertainment. Mr. MJller stated they listed that use so that if they decide laler on to have adult entertainment they would not be restricted from doing so. P & Z MINUTES 091l5/92 3 ~-) :, ) ..... ) Pro: Jay Miller, 150 Eric Court, Oldsmar, stated he Is the real estate broker and Is not related to the applicants. Mr. Miller stated that presently the building Is an eyesore, the roof leaks, and that extensive work Is needed, He felt that the Improvements will be benefit the City. Con: None In response to questfons by the Board, Mr. Ronald Miller stated that Lounge Management, Inc. Is owned by his wife, his son and himself. Mr. Miller stated that his sister-In. law manages the Roadway Inn and that she had relayed to hIm that they are in favor of their establishment. Mr. Brin Miller stated they presently own Shooters bar and restaurant In St. Petersburg which has package sales, but not drlve through sales. Mr. Aonald Miller stated he would rather the Board approve the request without drive through package sales, if that Is the issue rather than deny the entire request. Discussion ensued with the Board expressing concerns including: the uncertainty what the applicants plan for the lounge, the hours of operation, the intensity of potential uses and the impact an the community. A motion was made by Mr. Merriam, and seconded by Mr. Hamilton to deny the request based on the recommendation by staff that does not appear to support the Standards for Approval of land Development Code Section 137.011 (d}(2) through 137.011 (d)(6) , and the uncertainty of the use within the establishment. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: REQUESTS FOR ANNEXATION I LAND USE PLAN AND ZONING ATLAS AMENDMENTS: 1. Lot 6, Blk. E, Oak Acres Add (1216 Duncan Ave S), Patricia J. Bacun, A 92-08, LUP 92-15 Land Use Plan: From Unclassified to Law Density Residential Zoned: AS-6 (Single Family Residential) Mrs, Glanhorn gave the background or the case and submitted, in writing, the staff recommendation, f!:Q: None "eOn: None A motion was made by Mr. Hamilton, and seconded by Mr. Merriam, to recommend the City Commission approve the Annexation, Land Use Plan classification of Low Density Residential, and Zoning classification of AS.6 (Single Family Residential). Motion carried unanimously (7 to 0). ' 2. Lot 5, Lake Lela Manor First Add (1836 Brentwood Dr), John E. & Deborah A. Johnston), A 92-09; LUP 92-16 Land Use Plan: From Unclassified to Low Density Residential Zoned: RS-4 (Single Family Residential) Mrs. Gralthorn gave the background of the case and submitted, in writing, the staff recommendation, P & Z MINUTES 09/15/92 4 . ": r . . ,'" . ' t I . , I. '. '., , .., ..:',.' . : ,~. J ' : ..' ~. . ", , . . , . r . '., . .... . , ...;'. i..: :' - I : . l Em: None ('~\ ) Con: None A motion was made by Mr. Hamllton, and seconded by Mr. Carassas. to recommend the City Commission approve the Annexation, Land Use Plan classification of Low Density Residential, and Zoning classification of RS-4 (Single Family Residential). Motion carried unanimously (7 to 0). 3. M&B 11.08, Sec. 5.29-16 (2989 Union St). Sylvan Abbey Memorial Park, Inc.; A 92.1 OJ LUP 92.17 Land Use Plan: From Unclassfrted to Public/Semi-Public . Zoned: P/SP (Public/Seml-Publlc) Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. Pro: None Con: None Jeff Butler, P.O. Box B, Clearwater, 33518, stated he is representing Sylvan Abbey and would be glad to answer any questions. Dr. Merriam stated that the fence in front 01 the propeny Is In code violation and should be required to comply with code requirements. Mr. Butler stated he felt that the fence would be taken down during construction of the oHices before ) annex Is completed. A motion was made by Mr. Carassas, and seconded by Mr. Savage, to recommend the City Commission approve the Annexation, land Use Plan classlrlcation of Public/Semi-Public, and Zoning cJassUication of Public/Semi-Public. Motion carried unanimously (7 to O). E. CHAIRMAN'S ITEMS None F. DIRECTOR'S ITEMS Mrs. Glatthorn stated that the new standard condition #1 Is being studied by Miles Lance of the City Legal Department for possible revisions. The results shtllJ be brought to the Board as soon as possible. Mr. Polatty stated that the Development Code Adjustment Board stated that there were certain things In apprrcatlons promised and then applicants did not farrow through. The standard condition #1 is to ensure applicants comply with what is stated on the appllcaUons. Mr. Merriam stated that quite often promises are made by appHcants which are not followed through, In response to the Boards' concerns, Mrs. Glatthorn stated that this condition will not be included until such time that further Information is obtained from Mr. Lance. \--) P & Z MINUTES 5 09/15/92 ~. , , '0-' t'~~"~ ) '\...J ' ,,-,-) , 'T.', G. BOARD AND STAFF COMMENTS Mrs. Glatthorn made a presentation to the Board regarding the ppe Consistency Program. She briefly explained the proposed Comprehensive Plan Map and Text Amendments. and land Development Code Amendments which involve changes In nomenclatura, use, density and intensity. ' Also, that density is proposed to be calculated from gross rather than net acreage. Meeting adjourned at 3:47 p.m. nnlng and Development 'I " P & Z MINUTES 6 09/15/92