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11/17/1992 (2) t~"'---"""'. , I , -- ACTION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, NOVEMBER 17, 1992. 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION RECEIVED DEe 0 7 1992 CITY CURIe Den. ill.M. A. APPROVAL OF MINUTES 1. November 3, 1992. APPRQVED B. REQUESTS FOR EXTENSION. DI;FEnnED AND CONTINUED ITEMS: 1. (Continued from 9/29/92, 10113/92. & 1113/921 M&B 14.11. Sec. 18.29.16 (20866 US 19 NI. Russell and Barbara J. DilleV. Trustees (Personalities). CU 92-68 Rcquest - To permit on.premlse consumption ot beer and wino Zoned - CH (Highway Commercial) ContifHJed to 12101192 2. (Continued from 11/3/92) lot 1. tlwr. 19 Commerce Park (22067 US 19 N), Fmllk C. Kunnen, Jr. (Clwr. 19 Commerce Center). CU 92-76 Rcquest . To permit vehicle service; and outdoor rctail sales, displaYl!s and storage Zoned - IL (Limited lndustriall Approved (motion mado by Mr. Bickcrstaffo. and sl!Condod by Mr. S:1V.7QOJ sub/oct to tllo following conditions: 1 J Valllcla sarvke sll:1l/ be pormft ted In b.7Y 122019 Dnd /n building 2210' -22159 (8S sbown on tile concept plan submitted witll t/lis applicationl; all vellicla service actlvltlos and storogo of parts sllall be indoors; 2J A site plan. sllowing proposed location and type of stor;J/JO and/OI' display. landscaping. and structures. shall be submit led for approv.7/. and landsc.7ping and p;w/ng Bssoclatod with tllo approved site plan sllall be Instal/ad prior to Initiation of any outdoor retail sales. storage. or dSP/DY usa; 3) nle outdoor rotail safes. storage or dispfay use slmf/ be discontinued wilhfn four years from tho dato of this public hear/ng or within six months of tile date that constnlction slwll commenco on Bny highway widcning/improvcmcnt project affecting tile property. wlliclwver Is soooor; 4} All outdoor display areas sIIof/ be limited to tile display of automobifas and light trucks only and shall be paved; 5J As Jong as the FDOT anticipates to utilize tills sita in connl!Ction witll Improvements fOl' US 19, pennanent per/mater landscaping sIIaf/ not be required; however. any utilization of this site for outdoor retail sales. displays 01' storoI/C shall pravido fOl' ground cover ;Jnd sllrubbery Qencraf/y consislent with tlla perimeter I:mdscaping requirements of Section 136.023 as indicated in condition 2 above; and 6J Velllclo body work sllall be prollibited anywhere on tIle property. C. CONDITIONAL USES: 1. Part of Blk. 2, Baskin's Rcplat Rcsub (2779 Gulf to Bav Blvdl. Herbort E & Jane B Wollowic:k (Silver Saddle Sloan. lnc./Sweaty Eddy's). CU 9245 RCQuest . To permit on.premise consumption and package sales of becr. wine and liquor Zoned. CG (General Commerciall Approved Imotion made by Mr. Savage. and seconded by Mr. OickerslaffeJ subjecl 10 1110 loIlowing conditions: 1 J nle applicant shall obtain tl10 requisito occupationalliconso wlt!lfn sIx montlls of tho dato of this public hearing; 2J The package sales of alcolHJlic beverages shall be limited to beer and wine only; 3J Tl1cro sIIall be no deliveries to the establisllment and no building or property sCY'Vkos fOl' tho premlsos may be performed ilfter 70:00 p.m. Of before 6:00 a.m. on any dDY; and 41 Thero slwll be no clJstomer accessible display area for p;X:kage sales. Motion carried unanimously (6 to OJ. P & Z ACTION AGENDA 11117192 ,'" r !'~:i"1 '-~. 2. M&B 33.02, Sec. 28.28.16 (2530 McMullen.Booth Roadl. John Hallcock MUlualllfe Ins. Co. (Hancock Realty Investors Inc./Pickles Plus, Inc. I. CU 92.73 Request. To permit on-premise consumption oJ beer & wine Zoned. CC (Commercial Centerl Dnd OL (Limited Offlcol Approvad (motion made by Mr. Carassas. and secollded by Mr. S;Jvage) subject to tho following conditions: 1 J The requIsIte occupatlonallicenso s/lo711 be obl.71ned wi/Illn 6 months from tho data of thIs pubrK: hearing; 2J The sales of boor and wino shall be limited to consumption on promIses with no package safes; and 3J Tho applicant shorr obtain from tho City Commission Iho requlslto separation varianco. Motion carried unanimously (6 to OJ. D. ANNEXATION. ZONING, LAND USE PLAN AMENDMENT. LAND DEVELOPMENT CODE TEXT AMENDMENT. AND LOCAL PLANNING AGENCY REVIEW: 1. Lot 1. Clwr "19" Commerce Park (22067 U.S. 19 N.I Frank C. Kurmen, Jr., Z 92'{)] Request. Zoning Atlas Amendment ZONED: FROM: IL (Limited Industrial) TO: IPD (Industrial Planned Development) Recommended tllal IlK! City Commission approvo 1110 requested IPD (Industrial Plannod DovelopmontJ zonfng (mollon made by Mr. BIclccrsra((o. Dnd seconded by Mr. CnmunsJ. sub/oct to rho following . conditions: 1) All frcastanding signago shall mcat tllO requirements of 1110 IlIgl1way CommercIal zonIng district; all attaellOd slgnage sllall meet tbe requirements of tile Gelleral CommercIal zonlng district; 2} nHmJ shall be no more Wan a cumulative total of 20,185 sq. ft. of gross floor 1MV2 for rotan and restaurant uses. of which no more IIIan 1.500 sq. ft. shall be for restnuront uses; 3} New uses or revisions to ex/sting uses witllin tlK! center 5110111 continuo to be revlowed. on II caso by caso basis. (or any required Impact fcas; 4) TJK! applicant sllo1l1 improve (/10 ffltention Drea adjacont to tho drain on tho south side of his property In accordance with his agreement with Public Wmts. Including tho sodding o( tile bank along too section to be improved; m.71ntemmce shall be /n DCcord.7nce with standard City policy. and tho City shall perform maintcn;Jnco required to maimaln flow; 5) TI.oro sflall be no lIddillonal door or window openings on any building wall wlllcll fnces a residential orcn; 61 Prior to tho first reading of Ihis IPD request by the City Commission. Ihe applicant sllllf/ submit a revised conceptuDl slto plan whIch reflects lhe changed sito conditions resulting from the proposed highway Improvement proJecl snd which shows perimeter landscaping along US 79 In cOT/fonnance with City Code requIrements. Sucll landsc;}ping shall be installed within six montlls afler completion of the IIIgllway Improvement project. Motion canled unanimously (6 to OJ. ,', 2. Multiple Rezoning. Land Use Plan, Zoning and land Development Code Amendments associated with the Downtown Plan Recommended that tllO CiIV Commission ;Jpprove Iho Downlc1wn PI.1n (motioll made by Mr. S:Jvage. and seconded by Mr. Merriam) subject to the sW(f researching and addillg 1.7nglltJue af/owlng elflsllng slnglo family homes located in areas wbere they would become nonconfolfllinq to be reconstructod wllllin the original footprint slloufd tlley be destroyed. Mollon carrlod ummlmowi/y (6 to 01. 3. Multiple Rezoning. land Use Plan, Zoning and land Developmont Cadn ArnendrnonlS associated with the North Fort HarrisonfNarlh Myrtle Avenue Zoning Study Continued to 72107/92 E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS G. BOAnO AND STAFF COMMENTS P & Z ACTION AGENDA 2 11/17/92 ~ ( ........,,:" MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, NOVEMBER 17,1992. 1:30 PM RECEIVED JAN 1 5 1993 PLEDGE OF ALLEGIANCE INVOCATION CITY CLERK DEPT. 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 Doreen Feldhaus, Recording Secretary ITEM A. APPROVAL OF MINUTES 1. November 3. 1992 A motion was made by Mr. Carassas. and seconded by Mr. Bickerstaffe. to approve the minutes of November 3. 1992. Motion carried unanimously (6 to 01. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (ContlnulMl from 9/29/92.. 10/13/92, & 1113/92~ M&B 14.11, Sec. 18.29-16 (20866 US 19 NI. Russell and Barbara J. Dilley, Trustees (Personalitiesl, CU 92-68 Request. To permit on-premise consumption of beer and wine Zoned . CH (Highway Commercial) Mr. Shuford stated that the applicant has indicat€:d to staff that they intend to withdraw the request. Mr. Shuford recommended that the Board continue the request to either obtain, in writing. the applicant's withdrawal, or allow time for the item to be rcadvertised. A motion was made by Mr. Blckerstaffe. and seconded by Mr. Savage. to continued the request to the December 1, 1992 meeting. Motion carried unanimously 16 to 01. 2. (Continued from 11/3/921 Lot 1. Clwr. 19 Commerce Park (22067 US 19 Nl. Frank C. Kunnen. Jr. (Clwr. 19 Commerce Centerl. CU 92-76 Request - To permit vehicle service; and outdoor retail sales, displays and storage Zoned. IL (limited Industriall . . Mr. Shuford gave the background of the case and presented. in writing, the staff recommendation. Appllcsnt's representotive, Tim Johnson. 911 Chestnut St.. stated they had met extensivelV with staff regarding this request as well as the rezoning request. and felt they have worked out most of the concerns. Mr. Johnson stated there was a vehicle service business in bay #22019 (Auto Worksl which operated for 4 years without complaint, prior to this use requiring a conditional use permit. He also stated they would like to include bay #22019 in the areas designated to permit vehicle service. Mr. Johnson also requested that "and light trucks" should be included in staff's recommended condition #4. Mr. Johnson added that they would agree to an additional condition that automobile bOdy work be prohibited any where on the property. as this type of work causes the most noise. ' In response to questions by the Board, Mr. Johnson stated that there arc no windows on the east side of the building which faces the residential apartments. and that the building opens only to the west. P & Z MINUTES 11/17/92 ,~ .0,-.- fw.: None ~: None Discussion ensued regarding the additional condition of no body work and the requested addition to condition #4. A motion was made by Mr. Blckerstaffe, and seconded by Mr. Savage, to approve the request subject to the following conditions: 1) Vehicle service shall be permitted in bay #22019 and in buildIng 2210 1-221591as shown on the concept plan submitted with this application); all vehicle service activities and storage of parts shall be Indoors; 2) A site plan, showing proposed location and type of storage andlor display. landscaping. and structures, shall be submitted for approval, and landscaping and paving associated with the approved site plan shall be installed prior to initiation of any outdoor retail sales. storage, or display use; 3) The outdoor retail sales. storage or display use shall be discontinued within four years from the date of this pUblic hearing or within six months of the date that construction shall commence on any highway widening/improvement project affecting the property, whichever Is sooner; 4) All outdoor display areas shall be limited to the display of automobiles and light trucks only and shall be paved: 5) As long as the FOOT anticipates to utilize this site in connection with improvements for US 19, permanent perimeter landscaping shall not be required; however, any utilization of this site for outdoor retail sales, displays or storage shall provide for ground cover and shrubbery generally consistent with the perimeter landscaping requirements of Section 136.023 as indicated in condition 2 above: and 61 Vehicle body work shall be prohibited anywhere on the property. C. CONDITIONAL USES: 1. Part of Blk. 2, Baskln's Replat Resub 12779 Gulf to Bay Blvdl, Herbert E & Jane B Wollowick ISilver Saddle Saloon, Inc./Sweaty Eddy'sl, CU 92-45 Request - To permit on-premise consumption and package sales of beer, wine and liquor Zoned - CG IGeneral Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Rhonda Donnolly, 2041 Glonmore Road No., stated that they have requested a transfer of ownership of the 4-COP license. In response to questions by the Board, Ms. Donnelly stated she understands and has no problem with the conditions recommended by staff; and that the operation of the business will not be changed. Ms. Oonnelly stated that she will manage the business and has several years experience. q Pro: None Con: None A motion was made by Mr. Savage, and seconded by Mr. Bickerstaffe, to approve the request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months of the date of this public hearing; 21 The package sales of alcoholic beverages shall be limited to beer and wine only; 3) There shall be no deliveries to the establishment and no building or property services for the premises may be performed after 10:00 p.m. or before 6:00 a.m. on any day; and 41 There shall be no customer accessible display for package sales. Motion carried unanimously 16 to 01. 2. M&B 33.02, Sec. 28-28-1612530 McMullen.Booth Roadl. John Hancock Mutual Life Ins. Co. IHancack Realty Investors Inc./Pickles Plus, Inc. I, CU 92-73 Aequest - To permit on-premise consumption of beer & wine Zoned - CC ICommercial Centerl and OL lLimited Officel Mr. Shuford gave the background of the case and presented, in writing, the stafl recommendation. In response to a Question by the Board, Mr. Shuford stated staff had not received a report back from the Pollee Department and does not anticipate any problem with this Ilpplicant. P & Z MINUTES 2 11/17/92 r~4o, '-'--" Applicant'. reprelontetlve, Ralph NatBlo, 249 Woodlake lDne, Oldsmar, stated he operated this business in Safety Harbor for 2 * years and has moved the business to this new location. In response to a question by the Board, Mr. Natale stated he has been open at the current location for 3 ~ weeks. em: None ~: None A motion was made by Mr. Carassas. and seconded by Mr. Savage. to approve the request subject to the following conditions: 11 The requisite occupational license shall be obtained within 6 months from the date of this public hearing; 2) The sales of beer and wine shall be limited to consumption on premises with no package sales; and 3) The applicant shall obtain from the City Commission the requisite separation variance. Motion carried unanImously 16 to 0), D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT. LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lot 1. Clwr R 19R Commerce Park (22067 U.S. 19 N.) Frank C. Kunnen, Jr.. Z 92.07 Request. Zoning Atlas Amendment ZON~D: FROM: IL (Limited Industrial) TO: IPD (Industrial Planned Development) Mr. Shuford gave the background of the case and presented, in writing. the staff recommendation. Mr. Shuford discussed in detail the conditions recommended by staff. Discussion ensued with the Board and staff concerning the previous concerns regarding this request and the RconceptualR site plan requirement. Appllcant's reprasentatlve, Tim Johnson, 911 Chostnut St., stated they are in agreement with the staff's conditions. Mr. Johnson asked Mr. Shuford to clarify the landscaping condition Mr. Shuford explained that the plan must show the landscaping as it will be installed after the road construr.tion is completed. Em: None .cmJ.: None A motion was made by Mr. Bickers taffe, and seconded by Mr. Carassas, to recommend that the City Commission approve the request subject to the following conditions: 11 All freestanding signage shall meet the requirements of the Highway Commercial zoning district; all attached signage shall meet the requirements of the General Commercial zoning district; 2) There shall be no more than a cumulative total of 20,185 sq. ft. of gross floor area for retail and restaurant uses, of which no more than 1,500 sq. ft. shall be for restaurant uses; 31 New uses or revisions to existing uses within the center shall continue to be relliewed, on a case by case basis, for any required impact fees; 41 The applicant shall improve the retention area adjacent to the drain on the south side of his property in accordance with his agreement with Public Works, including the sodding 01 the bank along the section to be improved: maintenance shall be in accordance with standard City policy, and the City shall perform maintenance required to maintain flow; 51 There shall be no additional door or window openings on any building wall which faces a residential area; 61 Prior to the first reading of this IPD request by the City Commission, the applicant shall submit a rel/lsed conceptual site plan which reflects th~ Changed site conditions likely to result from the proposed highway improvement project and which shows perimeter landscaping along US 19 in conformance with City Code requirements. Such landscaping shall be installed within six months aHer completion of the highway improl/ement project. Motion carried unanimously (6 to 01. P & Z MINUTES 3 11/17/92 r , . " '. 1 :.; r , : I. . 4 ~ .' ... '.,' ..' , ,{ '.:', .' I" ' . ., . " .:. '.. . ' . .,... . _ I " ." I' I . t' \' . i . . . 2. Multiple Rezoning, land Use Plan, Zoning and land Development Code Amendments associated with the Downtown Plan "........." Mr. Shuford explained the Downtown Plan and its changes in detail for the benefit of the public present for the pUblic hearing. Mr. WUllam Robertson, 1701 Harbor Drive, stated that he owns property between Greenwood and Missouri Avenues and asked what Is being done with the property owned by the City; and what the zoning will be for that area. Mr. Shuford stated that what Mr. Robertson is referring to Is the East End Proiect. He explained that the City requested proposals from developers for developing the East End Project, and it is undecided whether the City Commission will accept any of the proposals received, one of which was for a medium to medium high density multi-familv development. Mr. Shuford explained that the City does not have immediate plans to purChase any more property in regard to the East End Project at this time. No other persons were present to comment on the Downtown Plan. Mr. Shuford stated he would like the Board to recommend endorsement of the Downtown Plan and its a:>sociated Land Use Plan amendments, rezonings. and Land Development Code amendments to the City Commission which will consider it on December 3. 1992. Discussion ensued with the Board and staff regarding concerns including: alcoholic beverages being sold without conditional use permits in certain areas. vendors, uses becoming nonconforming, and the reconstruction of homes should they be destroyed. ",,- - In response to questions bV the Board, Mr. Shuford stated that with both the Downtown Plan and the North Ft. Harrison/North Myrtle Avenue Zonlng stud V that nonconforming uses, or any use made nonconforming by these changes, can continue indefinitely so long as it is not damaged or destroyed in excess of 50% of the value of the property. He added that Change of ownership would allow the use to continue. Mr. Shuford stated that in the case of alcoholic beverage sales uses requiring a conditional use permit would require a new conditional use permit but not for any other nonconforming use. If totally damaged or destroyed, however, it cannot be replaced and if the use is discontinued for a period of one year or more. it cannot be continued. In response to questions by the Board, Mr. Shuford stated that in regard to alcoholic beverage sales not requiring conditional use permits that the operators would still be required to obtain a State license and police background checks. Mr. Shuford stated that the City will be aware of these uses as occupational licenses will still be required and that the City receives periOdic reports from the State alcoholic beverage licensing authorities regarding these uses. Discussion ensued regarding the rebuilding of homes affected by the rezoning to Commercial districts should they be destroyed. In response to questions by the public, Mr. Shuford explained stated that single familv homes have been purposelv excluded from these areas to ensure owners will be able to use their properties for their homes. Discussion ensued regarding the payment of insurance claims should a home be destroyed that is not permitted to be rebuilt on the same properly. Motion was made by Mr. Savage. and seconded by Mr. Merriam, to recommend that the City Commission approve the Downtown Plan subject to the staff researching and adding language allowing existing single family homes located in areas where they would become nonconlorming to be reconstructed within the original footprint should they be destroyed. Motion carried unanimouslv (6 to 01. Mr. Savage left the meeting at 3: 1 0 p.m. 3. MultJple Rezoning, land Use Plan, Zoning and Land Development Code Amendments associated with the North Fort Harrison/North Myrtle Avenue Zoning Study Mr. Shuford explained the zoning study and proposed changes in detail lor the public. "-.. P & Z MINUTES 4 11/17/92 ..' . <I ,.'. 'j ":,~','. .' ~.I.:' ",".;' ~'" ~I ,I ,," " ',", '~..". I. ....".:, The following persons appeared to speak in regard to the North Ft. Harrison/North Myrtle Avenue Zoning Study and expressed the following Questions and comments. }.......', Mr. Demetrio. Paooutukol. 11 Edgewater Drive, Dunedin, stated he had lived at 11 OS No. Osceola lor 13 years. He stated the zoning changed four times during that time. He stated that he felt the residential uses in the area cannot survive further changes in zoning. Mr. Panoutsakos stated there were problems with drugs and prostitution and that the police would not help. He stated that he owns 18 units there and when people find out where the location, they are not interested. Mr. Panoutsakos felt the rczoning should go all the way to Osceola. Mr. Ed Carnegie, stated that he awns property (5 unitsl at the southeast carner of Osceola and Engman and that he also felt that the commercial zoning should go all the way Osceola, because the properties are too narrow for any quality commercial business. Mr. Shuford stated that the City recognizes the problems with the depth of the property along Ft. Harrison and N. Myrtle Avenues and that is one reason we suggested that the Commercial zoning be extended into that AM-S area long Garden Avenue and also under the Inflll Commercial district reduced the front yard setback from 25 ft. to 15ft. to allow buildings closer to the front property line. Also. another alternative would be for persons to apply for a conditional Use permit for noncommercial parking which would allow them to put their noncommercial parking facilities on their property to the west. Discussion ensued with Mr. Shuford explaining noncommercial parking. Mr. Dantel Trotsl. 1605 No Ft. H6frtsoo Ave.. stated he has lived there for 12 years, asked if N. Ft. Harrison Avenue and N. Myrtle Avenue will be made one way streets to better move the traffic. He felt that traffic would not move faster if this is done and that the road is narrow and cannot be widened. Mr. Shuford stated that the State commissioned a study to be done to determine where the Alt. 19 designation should be. and that he has not heard any specific information on this as yet. Mr. Shuford added that the City's Traffic Engineering Department reports that traffic on N. Fort Harrison seems to flow quite well. Mr. Troisi stated he feels that parking at the public library should be free. ! Discussion ensued regarding parking meters at the public library. ',,-, Mr. Shuford noted that issue this does not pertain to this study. Mr. Bob Florsteln. 1868 Oak Park Drive. stated he owns two lots, one at 1500 Osceola and the vacant Jot next to it. He felt that if there is no difference between RS-B and RM-S that It shouldn't be changed. Mr. Shuford explained that when there is multi-family classification on the property, it gives the false impression in this particular case that there could be multi.famlly development on the property, which there could be, but it would involve acquiring several lots. Mr. Shuford stated that the single family zoning better reflects what can be done on the property, which would prevent someone from developing the property with a large scale low density multi family project. such as townhomes. which is not in keeping with the character of that area. Mr. Fierstein stated that this area is highly multi-family residential with a lot of rental units, garage apartments. etc. and that there are only a few lots vacant In that area and felt the zoning should not be changed. Mr. Shuford responded that most of the multi-family uses in that area arc nonconforming, but are grandfathered in. Mr. Ollvor Ackerlav, 1216 Sunset Drive, stated that he is not opposed to the rezoning of N. Ft. Harrison, but is opposed of rezoning RM-8 to RS-8 because there are properties that can be Changed. He stated that when purChasing the property he took into account being able to use the property as multi family, and it has already beeo down loned once from RM.'2 to RM.B. He felt the City should not have changed the zoning then. Mr. Ackerley added that he wants to put an apartment on his property and have someone living there to watch over the property when he is away. He also felt that the density in the downtown should not be reduced, and that the zoning should be such that would encourage poople to live in this area and that mix of zoning as exists should remain. Mr. Fierstein asked how this will arrect tax assessments. "- P & Z MINUTES 5 11/17/92 r\ ( ..,,,.....- Mr. Shuford stated that staff researched this Issue and was told by the Property Appraiser's Office that the tax is based upon the use of the property and not the zoning of the property. Mr. Dennis Henegar, 314 Venetian Dr., stated that he received a notice yesterday In the mall that Lots 10, 11 and part of Lot 9 is being upgraded from RM-a to RM.20. He stated that he owns the other part of lot 9, and Lot S and part of Lot 7 and a he notice he received last week stated that it is proposed to change his property from Residential and Commercial Tourist Facilities to Residential Urban. He felt this is not fair that his neighbor is getting upgraded and he that should have the same benefits and rights as his neighbor. Mr. Henegar stated that for continuity the whole block should be zoned the same classification. Mr. Shuford stated the reason for the change to RM-20 Is to legitimize the largest multi'family development In that area which is why that zoning is suggested for that property. Mr. RIchard Owens. 300 Venetian Dr., stated that he is the owner of the 12 unit apartment building that Is being rezoned from RM.S to RM-20. He stated that this building was built in 1959 and he has owned it since December of 1985. He did not request this change, but is in favor of the rczoning of his property because currently it is nonconforming due to a rezoning that took place some time between 1959 and' 985. Mr. Owns asked when the property was rezoned that made the building nonconforming. Mr. Shuford responded that zoning change to RM.a took place in October of 1985 as part of a comprehensive Citywide rezoning of the area. He stated that the reason for this proposed rezoning is to bring this property into conformity as it Is the largest multi.family property In the study area. Mr. Carnegie, stated that south of Engman on the east side of Osceola Is where most of the multi-family dwellings are. He felt this should be reconsidered and not rezone these lots to Single family which is going to create a situation where single family lots next to commercial property and they are not going to be worth anything because they are just to shallow to do anything with. Ms. Vora Brinson, 1010 Eldridge St. stated she is concerned with the strip to the north between Nicholson St., Garden Ave. and the Pinellas Trail. She stated that this is such a small area and felt that if that property is zoned commercial that those homes will be "squashed" by commercial uses. She asked if the City will relocate these homes, or purchase their homes so that they can buy another home. Mr. Shuford stated that it is not likely to relocate homes unless the City were to purchases the property tor potentIal commercial development. Mr. Mazur stated that If this property is changed from residential to commercial zoning that the property would be more valuable and that the property owners could sell their pfOperty at a profit and relocate to another single . family home. Ms. Brinson stated that she is concerned that her sister's home will be surrounded by commercial uses and that If her house should be destroyed that it could not be rebuilt. Mr. Polatty added that this study will not make anyone move from their homes or sell them, they can remain as long as they wish. Mr. Shutord added that this rezoning will likely make the properties more valuable. not less. Or. Deborah Walblo. 120B Sunset Drlvo, stated that she also owns a business at 1006 N. Ft. Harrison. Ms. Weible stated that she is active with the North Ft. Harrison Business District and the Old Clearwater Bay Neighborhood Association and that for several years they have been looking tor ways to improve the residential and commercial area and that Improving the neighborhood was not enough and needed to concentrate efforts on the N. Ft. Harrison area. Dr. Weible added that they have worked with the Police Department and Code Enforcement and have seen a lot of positive changes. She stated that this plan has been presented to the Board of Directors of both the Old Clearwater Bay Neighborhood Association and the N. Fort Harrison Business District and it was approved unanimously and it will soon be presented to the entire membership. She stated she is in favor of the study and felt It will provide Incentive for businesses to move into the area. Mr. Shuford presented a letter in support 01 the study from the Old Clearwater Bay Association for the Board to review. Mr. Robert Ham. 904 Gardon AVDnue, Slated he purchased his property in 1982 and that he is in favor or the P & Z MINUTES 6 11117/92 'f/~ ,.r'.'" l . ' .""'....... , y study and the proposed changes. Mil. Clearether GroSl, 915 Garden Avenue, stated she is in favor of study and the proposed changes. Mr. Shuford suggested that the Board continue this request to the next meeting in order to give staff an opportunity to prepare a list of the points brought out bV the public today. Mr. Shuford presented another letter In support of the study from Mr. James J. Thorton. Mr. Bickerstaffe stated he Is In favor of the changes, but he felt that as is the case wIth Andv's Autos that there will be similar problems with parts of properties being diHerent 20nings. He felt that properties should be one zoning classification is order to have full use of the property. Mr. Shuford respo'nded that in determining where the appropriate dividing line for zoning districts should be that along streets and along rear property lines is common practice. The reason that rear property lines are used to divide single familv zoning and commercial zoning is that the impact is minimized. Dr. Deborah Weible. stated she felt that this area serves as a buffer to the neighborhood and that there would be a fight from the neighborhood if commercial zoning were to go all the way to Osceola. Ms. Weible stated she felt Andv's Autos is just a very unusual situation. A motion was made bV Mr. Bickerstaffe, and seconded by Mr. Merriam, to continue the N. Ft. HarrIson/N. Mvrtle Avenue Zoning Study to the December 1, 1992 meeting. Motion carried unanimouslv (4 to 0). E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS Mr. Bickerstaffe stated that there are signs on Clearwater Beach which state that it Is ~illegal to sell drugs... ft and asked why is the significance of these signs. Mr. Shuford stated that Stata law allows more severe penalties to apply within locations that are so signed, and that is the reason for posting the signs. The meeting adjourned 4:50 p.m. James M. Polatty. Jr.. Director of Planning and Development .1 P & Z MINUTES 7 , 1117/92