12/01/1992 (2)
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ACll0N AGENDA
PLANNING & ZONING DOAno MEETING
TUESDAY, DECEMBER 1, 1992. 1:30 PM
lI.EM
RECEIVED
DEe 0 7 1992
CITY C&.ERIC DEPT.
A.
APPROVAl OF MINUTES
1. November 17, 1992. ContinuCld to 72/15192
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
, . IContinued from 9/29/92, 1 0J13J92. 11 J3192. & 11 J17/92)
M&B 14.11, Sec. 18-29-16 (20866 US 19 NI, Russell and Barbara J. DUloV, Trustees IPersonalltles),
CU 92-68 ..
Request - To permit on-premise consumption 01 beor and wine
Zoned - CH (Highwav Commercial)
WITHaRA WN BY APPLICANT
C.' CONDmONAl USES:
1. M&B 33.02, Sec. 28-28-16 (2556 McMullen.Doolh Roadl John Hnnr.ock Mutual Llle Ins. Co. (Hancock
Realty Investors lnc./Warehouse Liquor IV, Inc.fThc Grape Escapel, CU 92-77
Request - To permit on'premise consumption of beer and wIne
Zoned - CC (Commercial Center) and OL (Limited OUice)
Approved {motion mada by Mr. Hamilton. and slJCondcd by Mr. Carassas} subjeel 10 lho followIng
conditions: ,) The requisite occupalionalliccmse sllall be obtained within sbt months from 1110 dalo of
Ibis publiC hearing; and 2) Prior to the issuance of an occupation." Ilconse. tlWl requlslto scparntion
variance shall be obtained from ilK! Cily Commission. Motion carried unanimously (7 to OJ.
2.
Lots 1 through 6, Blk. 5, Milton Park, and north ~ or vacated allev (607 Jelfords St,l, GTE Florida Inc.
(Morton Plant Day Care Cenler), CU 92-78
Request - To permit child daV care
Zoned - IL (Limiled Industrial}
Continued 10 January 5, 7993 {molion made by Mr. lIamillon, and seconded by Mr. CDrossasl. Motion
carried unanimously (7 10 OJ.
3. M&B 13.08, Sec. 12.29.15 (1185 N Hercules Ave.), Weaver Enterprises, Inc.(ElCpO Rest Inc.),
CU 92- 79
Request - To permit on-premise consumption 01 ueer and wine
Zoned. IL ILimited Industrial}
Approved {motion m;u/e by Mr. ClJl7Jssas. and Sf~Dntkd by Mr. MI.'roam} sub/eet 10 tllD followIng
conrJitions: 7 J The requisIte occupallonalliccnsa sllo1l1 be obt.7incd within she montlls from tho dale of
tllis public hearing; 2J The sales of beer ~nd wille slwll be limited 10 consumption on promlsos with no
packiJue sales; 3J Prior to tile issuance of an occlI{JfJtion:JllicensrJ. Iho Dpplicant $Iwll obtaIn from the
Development Carlo Adjustment Board tile rL'quisile {J."Ung v:Jri,7IIce or otherwise provlrJo proof 01 parkIng
10 meet Code requirements; and 4J There sl1all be no live cntcrtalnmrmt. Motion CD"lod unanimously (7
10 OJ.
P & Z ACTION AGENDA
12/01192
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4.
M&8 41.01,41.02,42.02, and 42.03, Sec. 30.28-16127001 US 19 N, CounlrVllde Mall 177431,
CU 92.80
Request - To permit on.premlse consumpllon of beer, wine ond liquor
Zoned - CC (Commercial Center)
Approved (motion maria by Mr. Hamilton. and seconded by Mr. Car.SIIDs] lutJloct to ,,,. followIng
condit.ion: t I The requisite occupational licensf! slmll be obr,,(ood witlJin six mon,M from the d~tD of Ihls
pubrlC hearing. Motion carried unanimously (7 to OJ.
D. ANNEXATION. ZONING, LAND USE PIAN ^MENDMENT, LAND DEVB..QPMENT CODE TEXT
AMENDMENT. AND LOCAL PlANNING AGENCY nEVIEW:
1. M&8 21.03, Sec. 21 -29-15, Porlion of Government lot 1 11234 Druid noodl, former Slplo. Reltourant,
(The Morton F. Plant Hospital Association, Inc. I, Z 92-13; LUP 92-22
Request - land Use Plan and Zoning Atlas Amendments
LAND USE PLAN: From Commercialrrourist Facilities to Public/Semi. Public
ZONING: CR 24 tCommerclal Resort) to PIS? IPubllc.Seml.publlc)
Recommended that Ibe City Commission approve (motion made by Ms. MartIn. IInd seconded by Mr.
Bickersta(fel the Land Use Plan amendmcnt from Commercl.7/fTourist FocI/illes to PubllclSeml../'ublic 'snd
tho Zoning Alias amendment (rom en 24 (ncsort Commerclall to P!SP (Publk/Seml-A1b11c}. Motion
carried 6 to 0.. with one abstention.
2.
Multiple Rezoning, land Use Plan, Zoning and land Developmenl Code Amendmonts 8ssoclated with the
North Fort Harrison/North Myrtle Avenue Zoning Study
Recommended Ihat the City Commission auopt (motion made by Mr. Corassas, and seconded by Ms.
Martin) the North Fort HarrisonlNorth Myrtle Avenue Zoning Study subjecl to tho following changos: '1
.' A Code amendment SllOOld be adopred to allow rcconstf1JClion of nonconformIng ~ngle famIly residences
H they are destroyed or dam;Jgcd in excess of 501J6 of their volUlJ; 21 Tho following usns mould be .drJed
to the proposed Infil/ Commercial district as conditional uses: Bcd Bnd broaUsst Inns.. outdoor commercIal
recreation, and congregate care; 3} Tile following use SllOOld be deleted from tho proposed Intill
Commercial district: Blood plasma ccnters; and 4J Provision should lHt modo to I1low noncommercial
parking In tho RS-B zoning district for the portian of tho study DroS Wf1sl of N. Fl. H8frison Avenue.
Motion carried 5 to 1.. with Mr. Bickersraffe voting "nay". '
E.
CHAIRMAN'S ITEMS
F.
DIRECTOR'S ITEMS
G.
BOARD AND STAFF COMMENTS
P & Z ACTION AG ENDA
2
12/01/92
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MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, DECEMBER 1, 1992.1:30 PM
RECEIVED
JAN 1 5 1993
PLEDGE OF ALLEGIANCE
INVOCATION
CITY CLERK DEPt.
Members Present:
Chairman Mazur, Messrs. Bickerstaffe, Carassas larrived at 1: 35 p.m.), Hamilton,
Merriam, Savage (arrived at 1 :42 p.m.), Ms. Martin
Also present:
Scott Shuford, Planning Manager
Sandra E. G1atthorn, Senior Planner
Vickie Davenport, Recording Secretary
ITEM
A. APPROVAL OF MINUTES
Continued.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. (Continued from 9/29/92, 10/13/92, 11/3/92, & 11/17/92)
M&B 14.11, Sec. 18-29-16 (20866 US 19 N), Russell and Barbara J. Dilley, Trustees (Personalitiesl,
CU 92-68
Request - To permit on-premise consumption of beer and wine
Zoned - CH IHighway Commercial)
,
Mr. Shuford stated the applicant relayed to staff their intention to withdraw this request. A letter of withdrawal
was received. Mr. Shuford stated that they are not exempt from the fee and that he has made them aware of this.
c. COr~DITIONAL USES:
1. M&B 33.02, Sec. 28-28-16 (2556 McMullen-Booth Roadl John Hancock Mutualli(e Ins. Co. (Hancock
Realty Investors Inc./Warehouse Liquor IV, Inc.fThe Grape EscepP-I, CU 92.77
Request - To permit on-premise consumption of beer and wine
Zoned. CC (Commercial Center) and OL (Limited Officel
Mr. Shuford gave the background of the case and presented, In writing, the staff recommendation. The Police
Department has reported that they have no problem with the request.
Applicants, Donald Boar, 3103 Avocot Placo, Safoty Harbor. and Mlchalll Kwasln Jr., 3613 Boach Dr., Tampa,
were present. Mr. Baer stated that he is the managerand that they submitted a letter changing the name to The
Wine Vault. Mr. Kwasin stated that he has been In business over 20 years in Tampa.
Em: None
~: None
A motion was made bV Mr. Hamilton. and seconded by Mr. Carassas to approve the request subject to the
following conditions: 11 The requisite occupational license shall be obtained within six months from the date of
this public hearing; and 2) Prior to the issuance 01 an occupational license, the requisite separation variance shall
be obtained from the City Commission. Motion carried unanimously 17 10 OJ.
2.
Lots 1 through 6, Blk. 5, Milton Park, and north ~ of vacated alley (607 Jef(ords St.), GTE Florida Inc.
IMorton Plant Day Care CenlerJ, CU 92.78
Request. To permit child day care
P & Z MINUTES
12/01/92
Zoned - IL ILimited Industrial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
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A motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to continue the request to January 5, 1993.
Motion carried unanimously 17 to 0).
3. M&B 13.08, Sec. 12-29-1511185 N Hercules Ave.), Weaver Enterprises, Inc.(Expo Rest Inc.I,
CU 92- 79
Request. To permit on-premise consumption of beer and wine
Zoned . IL (limited Industrial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Elizabeth Demos, 209 Aliens Ridge Dr., Palm Harbor, stated that they have owned the Expo Restaurant
for six years and that they had a license previously, but did not use it and it has since expired.
Discussion ensued regarding the required parking variance.
fm.:
Mr. Anolltaslades, 2661 St. Joseph Dr., DunedIn, stated that with all the available parking, the restaurant should
not be delayed because of the City's parking requirements. He stated the applicant presented a letter from Weaver
Enterprises, Inc., owner of the property, which states that the Expo Restaurant has available to them unlimited
parking spaces.
!.&n.:
Thomas Wllke, VP/Operotlons at Metal Industries, 1310 N. Herculos, stated that his main concern is for the safety
of their employees. He felt that the availability of liquor being so close, it is a temptation to workers.
( Discussion continued, with questions from the Board, regarding the Metal Industries policy about coming to work
'-. intoxicated, and the aspect of the workers being able to go to other locations to drink also. Mr. Wilke stated that
there is a policy that is enforced regarding working intoxicated.
A motion was made by Mr. Carassas, and seconded by Mr. Meeriam to approve the request subject to the
following conditions: 1 I The requisite occupational license shall be obtained within six 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; 31 Prior to the issuance of an occupational license, the applicant shall obtain from the Development Code
Adjustment Board the requisite parking variance or otherwise provide proof of parking to meet Code requirements;
4) There shall be no live entertainment. Motion carried unanimouslV (7 to 01.
P & Z MINUTES
2
12/01/92
4. M&B 41.01,41.02, 42.02, and 42.03, Sec. 30.28-16 127001 US 19 N, Countryside Mall #7743),
CU 92.80
Request - To permit on-premise consumption of beer, wine and liquor
Zoned . CC (Commercial Centerl
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Carol Castro, 15101 lynx Dr., Tampa, stated that she is the area supervisor with Ruby Tuesday and
has been with the company for 11 years. Mr. Castro stated that Christopher Galley, General Manager, will be
running this location, and that he has 20 years experience. She added that this location will be run the same as
other Ruby Tuesday restaurants. Motion carried unanimously 17 to OJ.
.Em: None
Qm: None
A motion was made by Mr. Hamilton, and soconded by Mr. Carassas to approve the request sUbject to the
following condition: 11 The requisite occupational license shall be obtained within six months from the date of
this public hearing.
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D.
ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TeXT
AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. M&B 21.03, Sec. 21 -29., 5, Portion of Government Lot 1 11234 Druid Road), former Siples Restaurant,
(The Morton F. Plant Hospital Association, Inc. I, Z 92-13; LUP 92-22
Request. Land Use Plan and Zoning Atlas Amendments
lAND USE PLAN: From Commercialrrourist Facilities to Public/Semi-Public
ZONING: CR 24 (Commercial Resortl to P/SP (Public-Semi-Publicl
Mr. Mazur stated he has conflict and will not participate in the vote or discussion of this request.
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant', representative, Mr. Emil Marquardt, Jr., 400 Clavoland St., stated (using mapl that there will be no
changes to the exterior, only to the interior, and that it will used for the educational and personnel departments.
Discussion ensued regarding employee parking.
Mr. Marquardt stated that they are interested in the Consistency Plan, as is the City and the City Commission.
He stated that they are interested in an activity center and want minimal impact on the surrounding area. He has
talked with Traffic Engineering staff regarding future planning for the hospital and was told that the statistics on
traffic on Druid Road has been reduced because of the employee parking area.
Discussion continued regarding the ~master plan~ in regards to the hospital. Mr. Marquardt stated that in February
1993, the Board hopefully will approve a master plan for the campus. Questions from the Board members
regarding if the building would be torn down in the future and Mr. Marquardt stated that there are plans for that
- ' to take place.
John Bladon, 110 Wlllowdalo Dr., stated he is just concerned with the future and what could happen to this site.
He wondered if there could be a condition stated that would alleviate the concerns of the people.
Discussion followed with Mr. Shurord stating that conditions can be imposed only under planned development
zoning.
Mr. Marquardt stated he felt that the Consistency Plan is the best approach, and that there are no plans to build
that would adversely affect the neighborhood.
Discussion by the Board ensued regarding the comparison of CR.24 and P/SP permitted and conditional uses was
discussed. Mr. Shuford stated there cannot be any restrictions placed on uses or overall site design beyond what
is permitted in the P/SP designation under this request.
A motion was made by Ms. Martin, and seconded by Mr. Bickers taffe, to recommend that the City Commission
approve the land Use Plan amendment from CommercialrTourist Facilities to Public/Semi-Public and the Zoning
Atlas amendment from CR 24 (Resort Commercia II to PISP (PublicfSemi-Publicl. Motion carried 6 to 0, with one
abstention.
2. Multiple Rezonlng,Land Use Plan, Zoning and Land Davolopmont Code Amendmants associated with thl)
North Fort Harrison/North Myrtle Avenue Zoning Study
P & Z MINUTES
3
12/01/92
Mr. Shuford gave a presentation regarding the five alternatives associated with this item: 11 To relone RM-8 area
along Osceola Avenue from RM-8 to RS.8; 21 To rezone the existing Neighborhood Commercial(CNI zoning in the
vicinity from Neighborhood Commercial(CNI designation to the Infill CommerciaJICl1 designation; 31 Rezoning
which will fill in between tha existing commercial areas, changing an RM-a area to CI; 41 Changing an area of RM.
a and CN to RS.a; and 51 Changing an area of RM-a to RM-20.
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Discussion with Board members ensued regarding the different zoning classifications.
Mr. Ackerly, 1216 Sunsat Drlvo, stated he had planned to put one or two apartments on his property, and when
he bought the property it was zoned to be able to do that. He stated that it was made noncontorming by the
downzoning. Mr. Ackerly stated that the east side of Osceola Is multi. family, and on the west side are probably
all single family. He states that he feels his property will lose value, if it Is downzoned, just as others will.
Discussion by the Board members continued. The letter from Mr. Thorton was mentioned, in which he stated that
he would like congregate care added as a conditional use. It was noted that other residents felt noncommercial
parking as a condltonal use should be added to the RS.8 district, making It specific to the RS.8 areas to the east
of Ft. Harrison Avenue between Nicholson and Calumet.
In response to a question by the Board, Mr. Shuford stated that this has not been presented to the Pinellas
Planning Council yet, but could be presented as soon as the spring of 1993.
A motion was made by Mr. Carassas, and seconded by Ms. Martfn, to recommend that the City Commission
approve the N. Ft. Harrison/N. Myrtle Avenue ZonIng Study wIth the following conditions: 1) rebuilding of damaged
or destroyed residential homes that are in excess of 50% of their value; 21 adding to outdoor commercial
recreation, congregate care, bed & breakfast Inns as conditional uses and deleting blood plasma center as a
conditional use; 3) add bed and breakfast inns to InfilJ commercial; and 41 adding to RS8 conditional use allowing
noncommercial parking in area covered bV this plan to the west of North Fort Harrison Avenue. Motion carried
5 to 1 (Mr. Bickerstaffe voting "nay"l.
E. CHAIRMAN'S ITEMS
Mr. Mazur reminded the Board that the first meeting in January a new chairman will be elected. The by.laws states
that the chairman does not serve for more than one year.
Discussion ensued regarding the Christmas luncheon. on December 15, 1992. Mr. Hamilton will call and set up
reservations.
F. DIRECTOR'S ITEMS
Mr. Shuford stated that the Kunnen lPD ltem was not properly advertised and will be reviewed on December 15,
1992.
Sandy Glatthorn handed out information re\larding the PPC Consistency Program for review, and recommend
changes.
G. BOARD AND STAFF COMMENTS
Mr. Hamifton stated. using Ruby Tuesday's as an example, that these types of items should be handled
administratively, and not through the public.
Mr. Shuford commented about new changes to the alcoholic beverage regulations in 1993.
Meeting adjourned 4:20 p.m.
James M. Polatty, Jr., Director of Planning & Development
P & Z MINUTES
4
12/01/92
~'FORM-8B'-MEMo'fiANDUM or-vol'iNG 'CONFLICT FOR
COUNTY} MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LA~ I 14M,lr -rlIlSI IlAMU-MIUIILI: NAME:
J!J.A1-VR.' E"l>~~})
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1111: 1I11\RU. lllUII( II UI"'~llssrO'l, MlIlIORt I \. OR COMM111 u: (III
WIII( II I SEIlVt: IS A lUllI 01:
)(! II \' I' (OllNn' It ""llIlIOl'^1 AllEIlO'
NAME 1)1 "Ullrlt^1. SUIlUI\lI~lurl:
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WHO MUST fiLE FORM nB
This f011ll is f{ll 1I~t' h)' :lIlr person !;elvlnr.;1I Ihe collnl)', cilr. or oilier locnllc,c1 or [!cwcll1Illelll on nil nppollllcd or eh:clcd bonld.
cO\11lcil. COllllllissioll, nUlhodlY. OJ cwnllllllee. II npplit's equull}' 10 111t'1II1K'IS or ncl\'i~ory nllllnoll-nlh,is{lI)' hodies who nre plesenled
wilh n vOling conOiel or illltlCSI lllnh'r 5e("1101I 112..1101.\. F10ridn 51nllllt5. '1 he trqllittl1lctllS or Ihis Ill\\' nle I1lnndntot)': n\though
the IIse of Ihis fllll lkular rmlll is IInl le11llill:d h)' 1:lo.I\'. rOll 11IC el1clIlllnp,td 10 lIS~ it ill mnkill~ Ihe disclomrc Il:quiled hy In\\'.
Your lespullsibilirics \llIder Ihe In\\' wl1m raced wilh n 11IrllSlllC ill II hkh you ha\T:l cl1nflict or illtcleM will \'nl)' p,.enlly lh:pcmlillr.
011 whelher YOII hold :Ill clCt.:li\'C 01 "flpoirul\'c POSilioll For this rcnson. plcn~e p:l)' close nllclltionlolhe inslructions on Ihb 101111
herore t'Ollllllclillg Ihe rcvtr~c sidc nlld IiIjlll~ rhe form.
INSTRUCTIONS FOR COMPLIANCE Willi SECTION 112.3143. flORIDA STATUTES
(~,,':LECI ED OFFICEHS:
1 A rtrsou holdiul,! cierI iI'l' counl r. 111\11Iidpl1l. 01 01 her IlIcal pllhlk or I in: r.r LJ:1 r A liS IA U..s lInin \'01 iug on n l11enSl1l c \\ hieh irlllle~
I to his spl'd.,1 pli\'i11C galli, ~ach local ollker llhll is pfOhihilcd 1111111 I;nowill[dy \luill!; (111 n lIIe:lSllle which i1l1rrc~ 10 tht' sped.,l
l!:lin of a flrindpnl (OIlier Ihnn iI gO'trlllllcnl ngellcr) hy ~"hOIlI Ill' is rewil1rd.
III cithcr rast. }'Ol1 shollld disclose lhe tOnUitl:
PR 10 It H' rJ I ~ VO I'E BE I Nt: 'I A I~ EN hy Pllhlidy sin: i Ill! Itl I hL' a~~el1lhly r ht' n;lIl11e 01 YOlll inlel csl in I he lt1l'nSl1lt' 011
which YOII :lrc 1l1lslnillill[!. IrOIll \'oling; (llId
WITHIN 15 [JArs AFTEH "liE \'OTE OCCURS b)' {'lHl1J1klilll; and Iilill!~ Itli~ IUIIII with the pl'rsolllcsponsiblc lor ItCCllllil1f,
Ihc mil1l1lcs of Iht' Illceling. \\'ho ~hollld incOlplllale lhe 1111111 ill the lI1iIHIlC~.
^I'I'OINTEU OFFlCEHS:
^ per SOli holdinJ.! appotrll i\'e COUIlI}', III \1 II idpnl, 01 t1l hl'l Inca 1 public I) II ke /vi UST A !.IS'I ^ I N "om \'01 il1[! 011 :l IIIcrmlJe whie h
illurcs to his spcdnl privnlt' grlill. Each locnl. '(tOCCI rlls<l is prollibilcd Irol11 kllClwill[:ly \'olinr, 011 a II1cn~llIt which illures 10 the
spcd.,1 g:lil1 of :I Iltlndpal 101,;';/ Ihnll n [!.lI\'cilllllClI1 ngel1c)') hr wholll hl"" i~ I~lnirll:d,
A pcr~oll hClldillg nn :1ppOilllivt' locnl ollice olhclI\'i~c IIln)' pal tiripalc III :I 11I00lle' ill which he hll~:1 conrticl or inlele~l. hul 1IIml
disclo~e I lit' Il:llure 01 Iht' cOllrtiel bdore Jl1nkinr, allY :1l1CUlplll1 il1lhlL'llct' the dcci~ioll by olnl 01 writlen COIIIUlUllicll1iOll. whClhcr
11Indc hy the olficel Ol :\1 his.'diICClioll, "
IF YOlllNTENI) '10 MAI':E ANY An E1"1' 1 '10 II..JFLUENCE I ME DECISlur..J !'!UOlt 10 '1111: 1dEE'IINCi 1\1 WHICIl
THE VOlE WILL UE TAKEN:
· YOII ,~houltl cornplt'lc and HIe Ihi~ Illrll1(hl'loH' Illakillg r111~' atlt'Jl11'1 III illllucnct' Ihe der.:ision) wilh Iht' J1elsonlt'~pomiblt' for
, 'Icco.uillg lhe minules of lhe l1Jt'clilll:. wllo "ill illcorplllnlc 11le 1111111 in lhe l1JiUIIICS.
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· A cop)' 01 Ihc 101111 should be pro' idcd inllllt'llialrly In Ihc oIIH:' 111l'1I1\1CI~ 01 Ihe nl!cnry,
· I lit' JOIIII shollld ut' rcnd puhlicly nl IlIr: 111~'!'lillr prill' In cl)ll~i(krnlil1l1 III Ihr l11illlel in whkh YOII 11O"'C n eonl1iel of illlClr\1.
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,: YOU "J^"E NO Arm,..",!' HJ INI;LUENCE '1 liE IJECISIOl~ EXCEl' I' II\' DISCUSSION AT THE ,..1EETIN(i:
. You .should di~rh15e clIntJ)' 1111: II:IIIIIC 01 )'tl\H c:ollrHCI in Ihe llIel1~"'e helmc pnllidplllilll:'
. \'(111 ~htlllld rurl1plclC 111(~ fOln1 nllt! rile il within 15 d;1)',~ nllCI lhe \'ole UCCIII~ willi Ihe f1cl!;Olllc~f1oll~jhle fOl record!u!: Ihe lIIinules
of 1 he lIIecljll~. who ~huuhl ;1I\:flIl'(ll ~I.C 1111: (mill III Ihe llIillllle~.
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