03/03/1992
MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, MARCH 3, 1992 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Mazur, Bickerstaffe, Carassas, Hamilton, Merriam, Savage and Schwob.
Also present: Scott Shuford, Planning Manager
Pat Fernandez, Recording Secretary
Chairperson Mazur 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.
ITEM
A. APPROVAL OF MINUTES
Approved (motion Mr. Hamilton, second Mr. Bickerstaffe) minutes of February 18, 1992. Motion carried unanimously. (7 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
C. CONDITIONAL USES:
1. M&B 32.02, Sec 20-29-16 (18911 U.S. Hwy 19 N) Robert G. and Hazel V. Daniel (Shor-Bo Inc/Shore Lanes Bowling Alley/Slick Willie's), CU 92-16
Request - To permit on-premise consumption of beer, wine, and liquor
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation for continuance. The manager's arrest record needs to be obtained to complete the staff
report.
Applicant's representative, Anthony Ferro, 31640 U.S. Hwy 19 N., Palm Harbor, 34684, stated he believes the issues are resolvable today if the board agrees that a 1982 police record
involving the manager's possible felony conviction is over 5 years old and therefore irrelevant. Also he believes adjudication was withheld.
Pro or Con: None
Continued (motion Mr. Bickerstaffe, second Mr. Schwob) the above request to the meeting of March 17, 1992. Motion carried unanimously (7 to 0).
2. The Beach Place Motel, a Condo (301 S. Gulfview Blvd) K. M. Rolewski (real estate office), CU 92-17
Request - To permit business/professional office which serves the tourist
Zoned - CR 28 (Resort Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The unique feature of this request is that they plan to add floor space, not just convert
existing floor area.
Applicant's representative, Harry Cline, 400 Cleveland Street, stated: 1) He is a proponent of one Board hearing applications for conditional uses and variances; 2) Many neighboring
businesses meet Code but do not have the adequate physical parking this location does; 3) Most neighbors have more intense nonconforming mixed uses that are allowed; 4) He believes the
proposed use is not objectionable in this neighborhood; 5) They can put in 2 more parking spaces if required; 6) He listed motels on the beach which
also house real estate offices; 7) He realizes he needs variances from another board; and 8) If request is granted, Viewpoint Realty will lease this location as a small satellite one-man
real estate office.
A Board suggestion was, if granted, restricting the use and stating it could revert only to motel use. Mr. Shuford advised if the applicant
subsequently wanted to change the property to a use that was permitted in that district it would be difficult to deny. A question was raised stating the code says you cannot increase
a nonconforming use. It was indicatedthat this request appears to be more an intensity issue.
Approved (motion Mr. Hamilton, second Mr. Savage) subject to the following conditions: 1) Applicant shall obtain the requisite variances or otherwise meet the requirements of the Land
Development Code prior to obtaining a building permit; and 2) The building permit shall be obtained within six (6) months of the date of this public hearing. Motion carried (6 to 1)
with Mr. Merriam dissenting.
3. Part of Lot 1, Loehmann's Plaza (23054 US Hwy 19 N) Principal Mutual Life Insurance Co. (Wal-Mart Stores, Inc.), CU 92-18
Request - To permit Garden Center outdoor retail sales, displays and/or storage
Zoned - CC (Commercial Center)
Chairman Mazur announced a conflict of interest, stepped down for this item and left the chamber, turning the meeting over to Vice-Chairman Carrasas.
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant's representative, Richard Harris, 5440 Beaumont Center Boulevard, Suite 460, Tampa, stated the requested garden center will be on the south portion of the site. He has not
been contacted by anyone from the neighboring community relative to these plans.
Pro and Con: None
Approved (motion Mr. Schwob, second Mr. Bickerstaffe) subject to the following condition: 1) The outdoor retail sales area shall be used exclusively for the garden center only. There
shall be no temporary or portable buildings, tents or trailers or special event activities in this area. Motion carried (6 to 0) with one abstention.
4. Lots 34 and 35, Blk E, Greenwood Park No 2. (1205 N Greenwood Ave) Tarek and Manal Said (Wzel Salhab/True Value Supermarket), CU 92-19
Request - To permit package sales of beer and wine
Zoned - CNG (North Greenwood Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. He also submitted a memo from the police department concerning the activities at this
site.
Store manager, Mamoun Salhab, 2401 Brigadoon Drive, Clearwater, stated they purchased the business four months ago and that the previous owner had put up a sign on the outside of the
building over a year ago which says 'no loitering'. He will run the business with his brother. They have put in more groceries and now sell meat. Their father had a similar business
in St. Petersburg for seven years. They have joined the North Greenwood Merchant's Association and have attended several meetings.
Tarek Said, 11687 7th Way North, St. Petersburg, stated he went into this business one and a half years ago. He purchased the property and subsequently sold the business in late September
to the applicant. In answer to a Board question, he said he did indeed cooperate with the police.
The Board discussed proliferation of alcoholic beverage sales establishments. The Board has no criteria in determining what is above the saturation point. A trial period, conditions,
and a continuation were discussed. There are questions as to the identity of the owner the police were referring to in their memo. It was felt a police report on an application should
contain names and such clarification will be sought to decide this issue.
Continued (motion Mr. Hamilton, second Mr. Bickerstaffe) the above request to the meeting of March 17, 1992. Motion carried unanimously (7 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Lot 50, Citrus Heights Manor, 1919 Ashland Drive (Kevin & Barbara Helpl) A 91-12; LUP 91-13
Request - Annexation, Land Use Plan and Zoning Atlas amendments
LAND USE PLAN:
FROM: Unclassified
TO: Low Density Residential
ZONING:
RS 8 (Single Family Residential)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
In answer to a Board question, annexation is required for a sewer connection but not for a water connection.
Pro or Con: None
Recommends (motion Mr. Hamilton, second Mr. Savage) endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential, and Zoning Atlas
Amendment to RS-8 as they appear to be supported by the Standards for Approval of the Land Development Code, Sections 132.005, 137.015(e), and 137.016(e). Motion carried unanimously
(7 to 0).
E. CHAIRMAN'S ITEMS
1. The Planning and Zoning Board Rules of Procedure for 1992 were signed.
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
Mr. Hamilton congratulated Pat Fernandez on a great job on the minutes.
Mr. Schwob stated Casa Gallardo inquired about sign relief as they anticipate suffering a loss of business due to the two-year roadwork project now starting for the countryside overpass.
With pipes stacked in front, potential customers are not aware they are open. Mr. Polatty suggested some consideration should be given to such conditions in the Code. Due to the length
of construction, strict compliance with the sign code might be difficult to live with. The onset of heavy construction is imminent and many businesses are concerned.
Recommended (motion by Mr. Schwob, second by Mr. Bickerstaffe) to the City Commission that they permit businesses that are affected by construction to put signs up indicating they
are still in business during construction. Motion carried unanimously (7 to 0).
March 31, 1992 will be the last meeting of Mr. Schwob's tenure on the Board. A Farewell Luncheon is in order and the new Clearwater Club was suggested. It will be at noon, staff will
handle the notices and Mr. Bickerstaffe will make the arrangements with the Club.
The meeting was adjourned at 3:25 p.m.
James M. Polatty, Jr., Director, Planning & Development