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05/19/1992 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, May 19, 1992 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Mazur, Messrs. Bickerstaffe, Carassas, Hamilton, Merriam, Mr. Savage, Ms. Martin Also present: Scott Shuford, Planning Manager Doreen Feldhaus, Recording Secretary Chairman 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 by Mr. Carassas, seconded by Mr. Savage) minutes of May 5, 1992. Motion carried unanimously (7 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None C. CONDITIONAL USES: 1. M&B 32.03, Sec. 30-28-16 (2505 Countryside Blvd.); Executive Corp. of Clearwater, Inc. (Shamrocks on the Green) CU 92-27 Request - To permit on-premise consumption of beer, wine and liquor Zoned - RecPD (Recreational Planned Development) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford noted that the application indicates that the property is 6,000 sq. ft. and felt this was stated incorrectly, as the previous application for this property indicated 5,000 sq. ft.; and that the applicant could clarify this information. Mr. Shuford advised that one letter of support had been received from Mr. & Mrs. J. Casse. In response to questions by the Board, the applicant's representative, Michael Doyle, 1799 Highland Ave., Apt I-104, stated he will be the full time manager of the proposed restaurant, that he has many years of restaurant experience. Mr. Doyle advised that the square footage was incorrect on the application and would amend the application to read 5,000 sq. ft. Pro or Con: None Approved (Motion by Mr. Carassas, seconded by Mr. Savage) subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; and 2) The applicant shall correct the application to reflect the proper square footage of 5000 square footage for this alcoholic beverage establishment. Motion carried unanimously (7 to 0). Mr. Shuford noted that before the conditional use permit will be issued, the applicant will be required to correct and initial the application to read 5,000 sq. ft. 2. M&B's 23.03, 23.031, and 23.032, Sec. 6-29-16 (1921 & 1923 N Belcher Rd); Webb's Nursery, Inc. (Jewel Osco/Albertsons Inc.) CU 92-28 Request - To permit package sales of beer and wine (1921 N Belcher); and to permit package sales of beer, wine and liquor (1923 N Belcher) Zoned - CPD (Commercial Planned Development) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford advised that the applicant would be requesting continuance of this request. Applicant's representative, Todd Pressman, 12807 W. Hillsborough Ave., Tampa, stated a continuance is requested to the June 16th meeting due Albertsons being the new owner of this property, and having received the staff report late. He stated that it is Albertsons' desire to work with the community. Pro: None Con: Regis Taylor, 1935 Old Coachman Road, expressed concerns including: problems with noise and debris from the parking lot, delivery trucks coming and going, lighting and traffic. Ms. Taylor stated that the previous owner had promised to install a wall as a buffer to the surrounding residential properties was this was not done. Approved continuance to June 16, 1992 (motion made by Mr. Hamilton, seconded by Mr. Bickerstaffe). Motion carried unanimously (7 to 0). 3. M&B's 33.02 & 33.021, Sec. 20-29-19 (18425 US 19 N, Unit #1); Home Shopping Network Realty, Inc. (Fruits, Nuts & Bananas, Inc./The Docket) CU 92-29 Request - To permit on-premise consumption of beer and wine Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative (and Vice President of Fruits, Nuts & Bananas, Inc.), Ron Smith, 4695 Ulmerton Rd., stated that this is a "Mom & Pop" type establishment selling beer and wine. He stated that they will continue the same operation and that pizza is being added to the menu. In response to questions by the Board, Mr. Smith stated that Dan Moose is President of the new corporation and will run the business, and that he has had experience managing restaurants in the past. Mr. Smith noted that music will be jukebox only, and that no outdoor music will be provided. Pro or Con: None Approved (motion made by Mr. Hamilton, seconded by Mr. Bickerstaffe) subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months of the date of this public hearing; and 2) The sales of alcoholic beverages shall be restricted to consumption on premises with no package sales. 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 6, Orange Blossom Sub (1591 Owen Dr.), Arthur D. and Cassie W. Kidder, Trustees A 92-01; LUP 92-07 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. Pro or Con: None Recommended that the City Commission approve (motion made by Mr. Hamilton, seconded by Mr. Savage). the Annexation, Land Use Plan Amendment from unclassified to Low Density Residential, and the Zoning Atlas amendment to RS-8 (Single Family Residential). Motion carried unanimously (7 to 0). 2. M&B 22-18, Sec. 16-29-16 (3053 Cherry Lane); Edward E. Oxley & Scott J. Goodine A 92-02; LUP 92-06 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. Pro or Con: None Recommended that the City Commission approve (motion made by Mr. Merriam, seconded by Mr. Bickerstaffe) the Annexation, Land Use Plan amendment from unclassiied to Low Density Residential, and the Zoning Atlas amendment to RS-8 (Single Family Residential). Motion carried unanimously (7 to 0). 3. Part of Lot 2, Blk. 1, R. H. Woodley Sub (861 N Hercules Ave.); Sun Bank of Tampa Bay Z 92-06; LUP 92-08 Request - Land Use Plan and Zoning Atlas Amendments LAND USE PLAN: FROM: Residential/Office TO: Public/Semi-Public ZONING: P/SP (Public/Semi-Public) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford noted three phone calls were received by Planning staff expressing objection to this request stating concerns including excessive noise and a potential decrease in property value. Applicant's representative, David Platte, 121 N. Osceola, stated that originally Mr. Carlton Ward was the applicant's representative but has a conflict. Mr. Platte stated that presently the school is for grades are K-8. He stated that short recess periods are held in the morning and afternoons and felt the noise should not be a problem since the neighboring offices appear to be closed (no open windows) and that there is a retention pond and parking lot between the play area and doctors offices. Mr. Platte stated this property was previously used for an adult school and that this use is appropriate for the area. Mr. Platte felt that a school could not be a factor to decrease to the property values in the area. Pro: Kathryn Honka, 1428 Palmetto St., Executive Director of True School, stated that generally there is a maximum of 120-130 students, 9 teachers and staff of 23; and that the school operates regular academic program year round. In response to questions by the Board, Ms. Honka stated that recess periods are staggered and the students will be out in small groups for 30 minutes at a time between 11:30am and 1:30pm. Mr. Platte stated parking and striping is already in place and they do not anticipate any modifications to the building. He added that a fence will be installed around the play area. Board discussion included concerns regarding concurrency, site plan review, and rezoning just for the school. Mr. Shuford explained the process for concurrency review, and that P/SP is the only zoning district where a school is a permitted use. Mr. Shuford advised that site plan review is not required and that the City cannot govern school activities. Pro or Con: None Recommended that the City Commission approve (motion made by Mr. Hamilton, seconded by Mr. Bickerstaffe) the Land Use Plan Amendment from Residential/Office to Public/Semi-Public and the Zoning Atlas Amendment to Public/Semi-Public. Motion carried unanimously (7 to 0). E. CHAIRMAN'S ITEMS Mr. Mazur advised he will be on vacation from June 17-25th, and inquired of the Board their vacation plans. Mr. Merriam noted he had previously advised that he would be away June 2nd, and from July 18th through August 2nd. Mr. Hamilton stated he will be absent July 14th, and Mr. Carassas advised he will be absent June 30th. F. DIRECTOR'S ITEMS None G. BOARD AND STAFF COMMENTS Mr. Carassas asked what the status is of the Cabana Club. Mr. Shuford advised he will follow up on this item. Meeting adjourned at 2:30pm.