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06/19/1990 MINUTES PLANNING & ZONING BOARD TUESDAY, JUNE 19, 1990 Members Present: Chairman Johnson, Ms. Nixon, and Messrs. Mazur,Schwob, Hamilton and Gans Members Excused: Mr. Ferrell Also Present: Scott Shuford, Planning Manager A. 1. Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to approve the minutes of the May 15, 1990 meeting as corrected. Motion carried unanimously (6-0). 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. A. 2. CONTINUED FROM MAY 15, 1990 (REQUEST FOR EXTENSION) Lot 16, Grove Circle Subdivision (1706 North Highland Avenue) Jeffrey N. South, Louis F. Aguiar and Jules Bishara (Summer Place) CU 89-86 Request - Level I Group Care Facility with 10 cared-for residents Zoned - RS-8 (Single Family Residential) Mr. Shuford brought the above request to the attention of the Board and apologized for not having it listed on the agenda. Mr. Shuford presented the background of the case stating it had been continued to give the applicant the opportunity to come before the Board to express their reasons for the request. He stated Mr. Bishara had been contacted and would be present. Mr. Jules Bishara, 2062 St. Sebastian Way N., applicant, stated they have not been able to secure bank financing and that is why they have requested an extension. Mr. Bishara stated the bank wanted to give them a lot less than they had asked for and they are now trying to find a different source of financing. Mr. Bishara requested an extension of six months to one year. No persons appeared in support or opposition of the above request. Discussion by the Board centered on the length of extension to grant, whether six months, eight months or one year. In response to an inquiry from the Board, Mr. Shuford stated other group homes might want to locate in this area and he recommended a six-month extension to not create problems for other possible group home uses. Mr. Hamilton stated that since this is an existing group care use, this would not be a problem for other uses. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request for a six-month extension. Motion carried unanimously (6-0). B. Conditional Uses: 1. Part of Lots 13 and 24 and all of Lots 9-12 and Lots 25-26, Blk. S, Hibiscus Gardens (1266 Turner Street) John W. Woerner and E. Mayo Clark CU 90-39 Request -Level III Group Care (20-bed facility) Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. John J. Piazza, 3151 Third Ave. N., Suite 315, St. Petersburg, FL 33713, representative of applicant, stated the owners along with a local physician and psychologist are developing this project as a residential treatment facility. He further stated: 1) It would be compatible with the area; 2) It would be limited to 20 beds; 3) It would provide a 15-day treatment program primarily for alcohol and substance abuse, phobias and depression; and 4) It would employ a maximum staff of 10 or 12 employees. He stated the home would not be licensed as an ACLF and asked the staff if the distance requirements had to be met. Mr. Shuford replied this type of group home is required to meet the separation distance. Mr. Piazza stated they would be licensed by the Department of Health and Rehabilitative Services under the Alcohol and Substance Abuse Division. Mr. Shuford advised this was all right as long as they were properly licensed by HRS and met the staff's conditions. Mr. Piazza stated the opening is scheduled for February 1991, provided they comply with everything by then. He said they have spoken with HRS and have no problems as far as the operation or physical plant, but this would be dependent upon approval by the Fire Department; and they have employed an architect, an appraiser, and are seeking financing. In response to a question from the Board, Mr. Piazza stated there would be out-patient treatment as part of the program. No persons appeared in support or in opposition of the above request. In discussion, Mr. Gans suggested changing the staff's condition with regard to licensing to simply stating the home should be properly licensed by the Department of Health and Rehabilitative Services. Motion was made by Mr. Schwob, and seconded by Mr. Gans, to approve the above request subject to the following conditions: 1) The use shall be properly licensed by the Department of Health and Rehabilitative Services; 2) The use shall not contain more than 20 beds; 3) A landscaping plan shall be submitted for review and approval by the Planning and Development Department, Division of Environmental Management and Traffic Engineer; 4) The approved landscape plan shall be fully implemented within one (1) year of the date of this public hearing; 5) The requisite building permit shall be obtained within six (6) months of the date of this public hearing; 6) The requisite occupational license being obtained within one (1) year from the date of this public hearing; and 7) A variance to the adult congregate living facility distance separation shall be obtained from the Development Code Adjustment Board. Motion carried unanimously (6-0). 2. Lots 1-4, Lots 8-10 and Lots 45-52, Blk. C, Belmont 2nd Addn. (845 Woodlawn St.) Woodlawn Church of God CU 90-40 Request -To permit non-commercial parking Zoned -P/SP (Public/Semi-Public) and RM-8 (Multiple Family Residential Mr. Shuford presented a letter from Randal W. Morris, Pastor of Woodlawn Church of God, requesting a continuance of this request due to technical difficulties with their application. The applicant was not present. No persons appeared in support or in opposition of the above request. Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to continue the above request to the July 3, 1900 Board meeting. Motion carried unanimously (6-0). 3. M&B 14.052, Sec. 17-29-16 (2950 Gulf to Bay Blvd.) Gertrude A. Nall and Laura N. Connolly (The Golden Dream) CU 90-41 Request -On-premise consumption of beer, wine and liquor Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. John S. Vasiliadis, 12334 92nd Street N., Largo, FL, applicant, stated he previously owned three other restaurants in the Clearwater-Largo area and had no trouble with them. In response to inquiries from the Board, Mr. Vasiliadis stated he and his parents would operate a fine dining restaurant and there would be no entertainment. They would seat approximately 180 in the restaurant and 20 in a small lounge. When questioned about the hours of operation, Mr. Vasiliadis stated they would stop serving and close the doors at 10:00 p.m. and all customers should be out by 10:30 or 11:00 p.m. He further stated they would not be interested in serving breakfast as the earliest they would open would be 11:00 a.m. No persons appeared in support or in opposition of the request. Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The hours of operation shall be restricted to 11:00 a.m. to 10:00 p.m.; 2) All signs shall be brought into conformance with City sign regulations on or before October 13, 1992; and 3) The requisite occupational license being obtained within six (6) months of the date of this public hearing. Motion carried unanimously (6-0). C. Annexation, Zoning, Land Use Plan Amendment, Lane Development Code Text Amendment, and Local Planning Agency Review: 1. Lot 17, Blk. C, Meadow Creek, Located at 1239 Keene Road S. DiFrancesco/Millett A 90-9, LUP 90-11 Request -Annexation and Zoning, RS-4 (Single Family Residential) LAND USE PLAN: FROM: Unclassified TO: Low Density Residential Mr. Shuford presented the background of the case and submitted, in writing, the staff recommendation. The property owner was not present. No one appeared in support or in opposition of the above request. In discussion the Board asked Mr. Shuford whether this would be considered spot annexation and what might be done to contact property owners in order to do a large scale annexation. Mr. Shuford stated that Florida Statutes preclude annexation except by request of the applicant. He further advised that in late summer or early fall the City would start an aggressive widespread information campaign explaining why it would be better to become part of the City, and at the same time would look at pushing through legislation to allow small enclaves within the City to be annexed without property owner approval. He stated the City had attempted to make some legislative changes in the past, but there had been opposition from Pinellas County. Mr. Gans suggested putting together a package deal to make annexation attractive. Ms. Nixon suggested waiving the initial fee and listing all the benefits of being a resident of the City in public hearing notice mailings associated with annexation requests. Motion was made by Mr.Schwob, and seconded by Mr. Gans, to recommend approval of the above request. Motion carried unanimously (6-0). 2. Lot 1, Blk. A, Eastwood Terrace, Located at SW corner of Drew St. and Maywood Ave., First Christian Church Z 90-3, LUP 90-10 Request - Land Use Plan & Zoning Amendments ZONING ATLAS: FROM: Unclassified TO: RS-6 (Single-Family Residential) LAND USE PLAN: FROM: Unclassified TO: Low Density Residential Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant was not present. No persons appeared in support or in opposition of the above request. Motion was made by Mr. Schwob, and seconded by Mr. Gans, to approve the above request. Motion carried unanimously (6-0). D. Chairman's Items Chairman Johnson commented on the fact that Mr. Piazza had abstained from raising his right hand when being sworn in and stated that he felt everyone should raise his/her right hand when being sworn in to testify before the Board. The Board Members concurred that it showed respect, but did not know how it could be mandated. Chairman Johnson stated the Board would like more cooperation from the City Attorney and would like to have him available during the Board meetings. This did not mean the City Attorney had to be in constant attendance, but that he should be in his office and available as needed during meetings. The Board further discussed their grievances concerning the City Attorney, City Commission and the Planning Department and concurred the proper procedure for addressing these concerns would be to request a private meeting with Mr. Polatty to discuss how they may be resolved. The Board agreed this should be done at the next meeting. Mr. Gans stated he would like to see a representative of the Board attend the City Commission work session so they would have first hand input into the Commission. He was particularly concerned about the City Commission approving Dr. Doerner's annexation request when the Board had recommended denial. Mr. Shuford stated he had verbally advised Mr. Polatty of the Board's decision on Dr. Doerner's annexation request and had prepared a sheet for the City Commission as well. He also reiterated the existing City Commission policy toward annexations. E. Director's Items Mr. Shuford acknowledged the Board's criticisms and stated the staff would make every effort in the future to fully meet the Board's requests in a timely manner. Mr. Shuford asked the Board when they would like to address the Alcoholic Beverage Establishments changes to Land Development Code Amendments. He stated the staff would like comments from the Board and then come back to them with a proposed draft ordinance and go over each item. The Board stated they wanted a set policy on distance requirements and wanted to review changes in ownership. The Board concurred they would prefer to discuss the suggested changes before the staff drafted an amendment and agreed to go over this at the July 3, 1990 meeting. F. Board & Staff Comments Mr. Schwob stated he had seen Seville mentioned in an announcement in the paper indicating cases coming up before the Commission. He thought it mentioned there would be a zoning matter handled by the Commission at the June 21 meeting and he knew the Board had not reviewed it. Mr. Shuford said he would check on this and give Board members a call. Ms. Nixon asked about Lokey Motors and Mr. Shuford said he would check on them before the next Board meeting. Mr. Shuford reported that Britts is giving away wine and beer. He stated they were approved for the parking variance and another use was administratively approved for conversion of two motel units to retail, which is a permitted use and they had met those parking requirements. Mr. Shuford explained a Conditional Use is not required for a conversion and it was not necessary for them to come before the Board. He stated last week DCAB denied a parking variance that would have allowed the last motel room on the ground floor to be converted to an ice cream store. The Board requested the staff to research prior parking decisions for use conversions, specifically, is it a City policy or requirement to require complete upgrades of parking lots when use conversions occur? James M. Polatty, Jr., AICP, Director Planning and Development Department