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04/04/1989 MINUTES PLANNING & ZONING BOARD TUESDAY, APRIL 4, 1989 - 1:30 PM Members Present: Chairman Johnson, Ms. Nixon, Messrs. Ehrig, Ferrell, Green, Hamilton (arrived at 1:37 PM), and Schwob Chairman Johnson 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. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. B. Conditional Uses:  1. M&B 44.09, Sec. 21-29S-15E (1530 South Ft. Harrison) Peter V. Gianfilippo/Charles Perry CU 89-21 Request - Business/Professional Office (Real Estate Office for Tourists) Zoned - CR-24 (Resort Commercial "Twenty-Four") Ms. Harvey advised as follows: This is a request for business/professional office in the Resort Commercial "Twenty-Four" zoning district; the specific request is for a real estate office to serve tourists; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(5); and, the Traffic Engineer had no objection. Ms. Harvey stated this same item was before the Board on July 26, 1988, at which time the Board approved the request with the condition that the Occupational License be procured within 6 months. She also stated the realtor's office did not open within the allotted time and the conditional use approval has expired. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the Occupational License be procured within 6 months. Atty. Charles Perry, representative of applicant, stated the applicant was delayed procuring necessary paperwork and the six months expired. He added applicant is making the same request. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That the Occupational License be procured within 6 months. Motion carried unanimously ( 6 to 0). Mr. Hamilton arrived at 1:37 PM. 2. Lots 57 through 63 and part Lot 64, Clearwater Beach Park (490 Mandalay Avenue) Mary G. Realty, Inc. (Binor's Liquor Store)/Binor International, Inc./Patricia Muscarella CU 89-22 Request - 3-PS (Package Sales of Alcoholic Beverages) Zoned - CB (Beach Commercial) Ms. Harvey advised as follows: This is a request for package sales of alcoholic beverages in the Beach Commercial zoning district; the specific request is for a new 3-PS State license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); applicant proposes a package liquor store in the Gionis Plaza shopping center on Clearwater Beach; the Traffic Engineer had no objection; and, the Police Department saw no reason to recommend denial. Ms. Harvey stated a variance to the separation distance requirement from a residential zone is required as the store is 3.5 feet from the Resort Commercial zoning district. She also stated the variance request is to be heard by the City Commission on April 6, 1989. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That a variance to the separation distance requirement be approved by the City Commission; 2) That the alcoholic beverage license be obtained within 6 months; and 3) That the Occupational License be obtained within 6 months. Atty. Patricia Muscarella, representative of applicant, stated the store is approximately 1,000 square feet. She also stated the Clearwater Beach Hotel and another motel are nearby and are commercial uses. She further stated the only other liquor stores are located on south Clearwater Beach and Island Estates. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to the following: 1) That a variance to the separation distance requirement be approved by the City Commission; 2) That the alcoholic beverage license be obtained within 6 months; and 3) That the Occupational License be obtained within 6 months. Motion carried unanimously (7 to 0). C. Annexation and Zoning: 1. M&B 41.06, Sec. 05-29S-16E (Located on the south side of C.R. 193 immediately east of Paul B. Stephens Exceptional Student Center) (Oak Leaf Ltd.) A 89-03 Request - Annexation and Zoning, RS-6 (Single Family Residential "Six") The above property is located on the south side of C.R. 193 immediately east of Paul B. Stephens Exceptional Student Center. Atty. Timothy Johnson, representative of applicant, stated applicant is requesting annexation and 1/2 acre lots are proposed for the property. After questioning by Chairman Johnson, Atty. Johnson stated the house that is currently on the site will remain. Ms. Harvey advised as follows: This is a request for annexation and RS-6 (Single Family Residential "Six") zoning; the request is compatible with surrounding uses; City water and sewer services can be extended to the property; and, Public Works requested the abutting right-of-way of C.R. 93 be including in the annexation. Ms. Harvey advised staff recommended approval of the above request for annexation and RS-6 (Single Family Residential "Six) zoning. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to recommend approval of the above request for annexation and RS-6 (Single Family Residential "Six) zoning. Motion carried unanimously (7 to 0). D. Zoning Atlas and Land Use Plan amendment and Local Planning Agency Review: 1. Lots 5 through 7, Blk. B, Norwood Sub. (Located at the SE corner of North Myrtle Avenue and Marshall Street) (Okuboye & Zayyad) Z 89-02 LUP 89-02 Zoning Atlas: FROM: RM-8 (Multiple Family Residential "Eight") TO: CN (Neighborhood Commercial) Land Use Plan: FROM: Low Density Residential TO: Commercial/Tourist Facilities The above property is located at the SE corner of North Myrtle Avenue and Marshall Street. Dr. Julius Okuboye, property owner, stated he is an Orthopedic Surgeon and he wants to add an additional office to his service for the elderly residents in the area. Ms. Harvey advised as follows: This is a request for a zoning atlas amendment from RM-8 (Multiple Family Residential "Eight") to CN (Neighborhood Commercial) and a Land Use Plan from Low Density Residential to Commercial/Tourist Facilities; applicant first requested Limited Office zoning and the City Commission, at the time of receipt and referral, expressed concern that the Limited Office zoning would be considered spot zoning; and, the City Commission requested applicant amend his application to Neighborhood Commercial in order that the subject property be the same as the surrounding properties, which zoning the City Commission felt would be appropriate. Ms. Harvey advised staff recommended approval of the request for a zoning atlas amendment from RM-8 (Multiple Family Residential "Eight") to CN (Neighborhood Commercial) and a Land Use Plan from Low Density Residential to Commercial/Tourist Facilities. No persons appeared in support of or in opposition to the above request. Mr. Hamilton commended applicant for his proposal and felt the change would be good for the area. Motion was made by Mr. Hamilton, seconded by Mr. Ehrig, to recommend approval of the request for a zoning atlas amendment from RM-8 (Multiple Family Residential "Eight") to CN (Neighborhood Commercial) and a Land Use Plan from Low Density Residential to Commercial/Tourist Facilities. Motion carried unanimously (7 to 0). F. Director's Items 1. (REQUEST FOR EXTENSION) Lots 23 to 25 & 32 to 34, R.H. Padgett's Sub. & Lots 1 to 13, Blk. E, Hibiscus Gardens) (1219 Cleveland Street) Irving Diamond, Trustee, Oranco Mgmt. Consultants, Ltd. (Hunter's Lounge)/ State Liquors of Clwtr./Daniel Orsello CU 88-83 Request - 4-COP (On-Premise Consumption & Package Sales of Alcoholic Beverages) Zoned - UC[E] (Urban Center [Eastern Corridor]) Ms. Harvey advised this is a request for extension of approval granted on October 4, 1989 for on-premise consumption and package sales of alcoholic beverages in the Urban Center [Eastern Corridor] zoning district. She advised the Board approved the above request subject to the following: 1) That the Building permit be obtained within 6 months. Ms. Harvey advised staff recommended approval of the request for extension of the above request subject to the following: 1) That the Building permit be obtained no later than October 4, 1989. Applicant's representative, Julie Hunter, was present in the event the Board had any questions. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Ehrig, to approve the request for extension for the above request subject to the following: 1) That the Building permit be obtained no later than October 4, 1989. Motion carried unanimously (7 to 0). 2. (REQUEST FOR EXTENSION) Lot 4, Part Lot 9, Miller's Rep. (19-19a Rockaway Street) Joan P. Boni/Lawrence Boni (Lorenzo's) CU 88-84 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CR-28 (Resort Commercial "Twenty-Eight") Ms. Harvey advised this is a request for extension of approval granted on October 4, 1989 for on-premise consumption alcoholic beverages in the Resort Commercial "Twenty-Eight" zoning district. She advised the Board approved the above request subject to the following: 1) That a variance to the separation distance be approved by the City Commission; and, 2) That the Certificate of Occupancy be obtained within 6 months. She also stated the City Commission approved the variance to the separation distance and applicant will not be required to go before the City Commission a second time. She further advised the Development Code Adjustment Board approved an extension to May 22, 1989 for a parking variance. Ms. Harvey stated the previous approval should have been granted subject to applicant obtaining a Building permit not a Certificate of Occupancy. Ms. Harvey advised staff recommended approval of the request for extension of the above request subject to the following: 1) That the Building permit be obtained no later than May 22, 1989. Mr. Lawrence Boni, applicant, appeared to answer questions the Board may have. After questioning by Mr. Boni, Ms. Harvey advised a Certificate of Occupancy and Building permit are two different things and advised the Building permit is the first issued. Mr. Boni agreed to obtaining the Building permit no later than May 22, 1989. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the request for extension for the above request subject to the following: 1) That the Building permit be obtained no later than May 22, 1989. Motion carried unanimously (7 to 0). Ms. Harvey explained that the City Commission felt there was no overwhelming problem in continuing review of requests for expansion of alcoholic beverage establishments. She stated the Commission felt such a request should be reviewed on the basis of the possibility of the expanded area being converted to a sales area. G. Board and Staff Comments Discussion followed on the possibility of having the Police Department make recommendations on alcoholic beverage requests based on more than just a background report on the applicant. Ms. Harvey explained that the neither the Police Department nor any other department is precluded from making recommendations on any conditional use request. Concern was expressed by some Board members that the Police Department is not able to make proper recommendations while concern was expressed by other Board members about not allowing full, entitled use of one's property. The Board agreed staff should request that the City Manager advise all departments that they are not limited in the comments they give on conditional use requests. Meeting adjourned at 2:27 PM. ______________________________________________ Paula Harvey Acting Director Planning and Development