09/29/1992 (2)
ALIION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, SEPTEMBER 29, 1992 . 1 :30 PM
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A.
ITEM
APPROVAl OF MINUTES
September 15, 1992 . APPROVED
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: - None
C, CONDmONAl USES:
1. M&S's 41.01, 41.02, 41.04, 41.05, & 41.06, Sec. 6.29.16 (23654 US 19 NI, Branch Sunset Assoc.
Ltd./Sunset Assoc., Ltd. (Joel 'n Jerry's), CU 92-66
Request - To permit package sales of beer and wine
Zoned - CC (Commercial Centerl
Approved (motion by Mr. Carassas and seconded by Mr. Bickerstaffe) subject to the following conditions:
1) Prior to the issuance of an occupational license. the applicant (Joel n' Jerry's) :;hall provide tile
required minimum 10 foot landscape buffer strip along the U.S. 19 right-of-way extending from the new
15ft, wide buffer as shown on the site plan. to the north side of the southern entry to the parleinO Jot;
and 2) The applicant shall obtain the requisite occupational license within six months from the date of
this public hearing; and 3) The requimd separation distance variance shaff be obtained from the City
Commission. Motion carried 5 to 1.
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OilY CLERK OEP1:
2, Lots 22 thru 25, Blk. 15, Aiken Sub (807B Court St.l, Marie P. Sapourn. Trustee (Mexico Lindo Super
Storel, CU 92-67
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Request - To permit package sales of beer and wine
Zoned - UCIEl (Urban Center Easternl
Approved (motion by Mr, Carassas and seconded by Mr. Savage) subject to the following conditions: 1}
The requisite occupational license shall be obtained within 6 months from the date of this public hearing;
2} nle sale of alcoholic beverages shall be restricted to package sales only; and 3} The required alcoholic
beverage separation distance variance sha1l be obtained from tfle City Commission. Motion carried
unanimously (6 to OJ.
3.
M&B 14,11, Sec. 18.29-16 (20866 US 19 NI, Russett and Barbara J. Dillev. Trustees (Personalities), CU
92.fi8
AeQuest - To permit on-premise consumption of beer and wine
Zoned - CH (Highwav CommerclatJ
Continued to October 13. 1992.
D. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT, LAND DEVELOPMENT CODE TEXT
AMENDMENT, AND LOCAL PlANNING AGENCY REVIEW:
None
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
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MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, SEPTEM [lER 29, 1992 . 1 :30 PM
RECEIVED
JAN 1 5 1993
PLEDGE OF ALLEGIANCE
INVOCA liON
CITY CLERK DEPr. '
Members Present:
Chairman Mazur, Messrs. Bickerstaffe, Carassas, Merriam, Savage, Ms, Martin
Members Excused:
Mr. Hamilton
Also present:
Scott Shuford, Planning Manager
James M. Polatty, Jr., Director of Planning and Development
Sandra Glatthorn, Senior Planner
Doreen Feldhaus, Recording Secretary
ITEM
A. APPROVAL OF MINUTES
Mr. Bickel'staffe stated he felt the phraseology of the intent stated in Case #CU 92-60 could serve as
a standard condition to replace the original standard condition number one as previously presented by
staff "
Mr. Mazur questioned whether the statement of intent was included In the September 1, 1992 minutes
for Case #CU 92-60. Ms. Feldhaus stated that the minutes were amended to include the Board's
statement of intent. Mr, Shuford added copies of the first page of the September 1, 1992 minutes
will be provided for the members of the Board.
A motion was made by Mr. Bickerstaffe, and seconded by Mr. Carassas to approve the minutes of
September 15, 1992. Motion carried unanimously 16 to 0),
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
NONE
C. CONDITIONAL USES:
1. M&8's 41,01, 41.02, 41.04, 41.05, & 41.06, Sec, 6-29-16 123654 US 19 N), Branch Sunset
Assoc. Ltd./Sunset Assoc., Ltd, (Joel 'n Jerry's), CU 92-66
Request. To permit package sales of boer and wine
Zoned. CC ICommercial Center)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation,
Applicant's representative, Scott Lybbcrt, 3913 Elprado Blvd., Tampa, stated that there Is a problem
with the landscaping requirement as a condition. He stated that It would jeopardize the safety of the
customers if parking were to be reconfigured to meet the landscaping buffer of 10ft. along US 19.
He added that if the parking would have to be eliminated or converted to parallel parking, the elderly
customers would have orent difficulty parking and getting into the store. Mr. Lybbert added their main
concern is the safety and convenience of their customers. He further stated that Joel n Jerry's cannot
afford the cost of installing the 10ft. landscaping buffer by themselves. He noted that they only want
to sell alcoholic beveragos due to their customers requesting it.
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09/29/92
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In response to questions by the Board, Mr. Lybbert stated that If they are required to meet the
landscaping requirement and readjust the parking, they'd rather not have the license. He responded
that the cost of the landscaping will be approximately $5,000 to $10,000.
In response to questions by the Board, Mr. Shuford stated that tho applicant's lease basically shows
an area of the center where the parking is reserved for Joel n Jerry's which includes the area along
US 19. Mr, Shuford responded that in discussing the parking issue with the shopping center staff,
there will be no problem with adjusting the parking, (e.g. angle parking), and there is ample room to
do so. Mr. Shuford added that the issue of who Is responsible for the cost of installing the landscaping
is a matter to be decided between the applicant and the shopping center,
Mr. Lybbert stated that if they could work out the cost of the landscaping with the shopping center
they would like to go forward with the request.
Mr. Shuford stated that the applicant has been well aware of the required landscaping and that the
cost of the landscaping is not an issue for this Board, and that this matter needs to resolved between
Joel 'n Jerry's and the shopping centor.
Pro: None
Con: None
Discussion ensued with Board members expressing concerns including: whether the lessee should be
responsible to provide the landscaping, the amount of required landscaping, and the process of
detormining whether or not an over concantration of alcoholic beverage establishments exist therefore
requiring a separation distance variance.
Mr. Shuford added that now is a good time to accomplish proper landscaping on this site as the center
is being now being renovated, and the parking can be reconfigured and restriped.
A motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe, to approve the request
subject to the following conditions: 1) Prior to the issuance of an occupational license, the applicant
(Joel n' Jerry'sl shall provide the required minimum 10 foot landscape buffer strip along the U,S, 19
right-of-way extending from the new 15 ft. wide buffer as shown on the site plan, to the north side
of the southern entry to the parking lot; and 21 The applicant shall obtain the requisite occupational
license within six months from the date of this public hearing; and 31 The required separation distance
variance shall be obtained from the City Commission. Motion carried 5 to 1, with Mr, Merriam voting
"nay" due to requiring this applicant to provide the landscaping.
2. Lots 22 thru 25, Blk. 15, Aiken Sub 1807B Court St.I, Marie P. Sapourn, Trustee (Mexico Undo
Super Store), CU 92-67
Request - To permit package sales of beer and wine
Zoned - UC(E) (Urban Center Eastern)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Shuford stated that the staff report omitted that an alcoholic beverage separation distance variance
will be required from the City Commission. Mr. Shuford noted that two letters of objection had been
received.
Applicant, Jesus Carrillo, 305 S. Comet Ave., Slated he was not aware before this meeting that there
was any opposition to tho request and he wifl make sure those typos of problems do not occur as they
have in the past.
In response to questions by the Board, Mr. Carrillo stated he understands the recommended conditions
and has no problem with them. He stated that he will sell beer only and does not intend to sell single
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containers. Mr, Carrillo stated that the business has been open since September 12, 1992 and has
had no problems Involving the police, He will be the owner and operator of the business.
In response to questions by the Board, Mr. Shuford stated he Is unaware whether training Is required
by the State of Florida for a new license of this type. Mr. Carrillo stated he has had no training, but
, if required by the State he is willing to do so.
f!Q: None
~: None
A motion was made by Mr. Carassas, and seconded by Mr. Savage to approve the request subject to
the following conditions: 1} The requisite occupational license shall be obtained within 6 months from
tho date of this public hearing; 21 The sale of alcoholic beverages shall be restricted to package sales
only; and 3) The required alcoholic beverage separation distance variance shall be obtained from the
City Commission. Motion carried unanimously (6 to 01.
3. M&B 14.11, See, 18.29-16 (20866 US 19 NI, Russell and Barbara J. Dilley, Trustees
(Personalities), CU 92-68
Request - To permit on-premise consumption of beer and wine
Zoned - CH IHighway Commercial)
A motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe to continue the request to the
October 13, 1992 meeting. Motion carried unanimously (6 to 01.
o.
ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVElOPMENT CODE TEXT
AMENDMENT, AND LOCAL PlANNING AGENCY REVIEW:
None
E, CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
Mr. Shuford stated Sandra Glatthorn is present today to answer any questions regarding the PPC
Consistency Program.
It was the consensus of the Board that there wore no questions at this time and that they would
review it on October 13, 1992.
Mr. Shuford briefed the Board to update them on the status of the Downtown Plan. He noted that tho
City Commission felt the overall thrust of the plan is good.
G. BOARD AND STAFF COMMENTS
Meeting adjourned at 2:28 p.m. ,/
(
olatty, Jr., Director, f P annino and Development
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09/29/92