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06/16/1992 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, JUNE 16, 1992 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Mazur, Messrs. Bickerstaffe (left at 2:04 and returned at 2:08 pm), Carassas, Hamilton, Merriam, Ms. Martin Members Excused: Mr. Savage Also present: Scott Shuford, Planning Manager Dolores 'Jan' Schopper, Staff Assistant II 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 - None B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. 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/Albertson's Inc.) CU 92-28 (CONTINUED FROM 5/19/92) 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. Mazur announced a conflict of interest and will not speak in the discussion or vote on this item. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Todd Pressman, 12807 W. Hillsborough Avenue, Tampa, stated his client when they took over Jewel Osco had meetings with the surrounding property owners to address their grievances. Albertson's will build a wall along Old Coachman Road and they are working on directing the parking lot lights away from residences. In addition, the City ordinance stipulates shipping and receiving hours are from 6:00 am to 10:00 pm and Albertson's would prefer that rather than the restrictive 8:00 am to 8:00 pm. Frank Mowitz, Florida Real Estate Manager for Albertson's, 602 Cortland Street, Orlando, stated Albertson's inherited this situation and was unaware of the problems with the neighbors until the acquisition was completed. They are in agreement with the wall but do not feel his firm should be fully responsible for payment of the wall. Mr. Shuford advised the Board has a history of trying to correct problems that exist when a change occurs and the case is brought before this Board. In response to a question, Mr. Mowitz advised he would talk with staff, get approval on the type of wall, and the bids could go out within 7-10 days. Pro: Regis Elizabeth Taylor, 1935 Old Coachman Road, brought along a plastic bag filled with trash which came from Albertson's lot and was collected on her front lawn in one week's time. The original site plans for Jewel Osco called for a wall along Old Coachman Road with no ingress/egress from this road. The neighbors were not kept abreast of and were not able to address any plan changes as they occurred. The neighbors did not complain and the City failed to see that Jewel Osco failed to comply with the original conditions granted. Noisy eighteen wheelers had been turning near a neighbor's driveway at 3:00 and 4:00 am. This appears to have been corrected. Con: None The Board commended Albertson's for working so diligently with the neighbors. Motion was made by Mr. Hamilton, seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) A six-foot high masonry wall shall be installed beginning at the south side of the northernmost driveway and ending at the southernmost yellow bollard along Old Coachman Rd. Landscaping in conformance with the perimeter landscaping requirements of Section 136.023 of the Land Development Code shall be incorporated into the design. The wall and landscaping shall be installed within six (6) months from the date of this public hearing. The construction of the wall and installation of landscaping for the Phase III area (north end) of the Commercial Planned Development shall be required prior to the issuance of any building permits for Phase III.; 2) Shipping and receiving of goods and all maintenance operations and activities shall be limited to hours between 6:00 a.m. and 10:00 p.m.; 3) All lighting for the parking lot shall be redirected downward and to the interior of the parking lot to mitigate the nuisance of light and glare to the adjacent residential areas; and 4) The requisite occupational license shall be obtained within six months of the date of this public hearing. Motion carried (5 to 0) with one abstention. 2. Lots 7 & 8, Blk. 15, Map of Belleair (1345 S. Ft. Harrison Avenue); DMR Corp, d/b/a Fuel Mart, Inc. CU 92-30 (CONTINUED FROM 6/2/92) Request - To permit outdoor retail sales, displays, and/or storage Zoned - IL (Limited Industrial) Mr. Shuford stated staff and the applicant requested a further continuance to the meeting of July 14, 1992. Pro or Con: None Continued (motion by Mr. Hamilton, second by Mr. Carassas) the above request to the meeting of July 14, 1992. Motion carried unanimously (5 to 0). C. CONDITIONAL USES: 1. M&B 33.04, Sec. 17-29-16, (19995 US 19 N), Gateway Investments Inc. (Bennett Car Sales), CU 92-33 Request - To permit outdoor retail sales, displays and/or storage; and vehicle service Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant was not present. Pro or Con: None Continued (motion by Mr. Merriam, second by Mr. Hamilton) the above request to the meeting of June 30, 1992. Motion carried unanimously (6 to 0). 2. M&B 33.03, Sec. 17-29-16, (19995 US 19 N), Gateway Investments Inc. (Bennett Car Sales), CU 92-34 Request - To permit outdoor retail sales, displays and/or storage; and vehicle service Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant was not present. Pro or Con: None Continued (motion by Mr. Merriam, second by Mr. Hamilton) the above request to the meeting of June 30, 1992. Motion carried unanimously (6 to 0). 3. M&B 14.05. Sec. 12-29-15, (2131 Range Road); John E. and Patricia A. Sadtler (Shazam Boat Works) CU 92-35 Request - To permit vehicle service, and outdoor retail sales, displays, and storage Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation for a continuance. Pro or Con: None Continued (motion by Mr. Hamilton, second by Mr. Carassas) the above request to the meeting of June 30, 1992. Motion carried unanimously (6 to 0). 4. Part of Lot 18, all of Lot 19, and 10 ft. vacated alley on north, Bluff View Sub (326-328 Jeffords St); Hunter Blood Center, Inc. (Morton Plant Hospital), CU 92-36 Request - To permit noncommercial parking Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Emil C. Marquardt, Jr., 400 Cleveland Street, stated problems of the past should be alleviated as Morton Plant has a contract to acquire this property. The blood center busses will be moved elsewhere on hospital property. Pro: Robert Kern, representative and Board Member of Harbor Oaks Association, 321 Lotus Path, stated they have been in consultation with the hospital and feel considerable improvements have been made. Approved (motion by Mr. Hamilton, second by Mr. Carrasas) subject to the following conditions: 1) A six-foot tall privacy fence combined with a 10-foot wide landscape buffer area shall be installed along the entire north property line. This buffer shall include plant materials required for buffer areas under Section 136.023 of the Land Development Code; these materials shall be placed on the outside of the fence and shall be installed within two months from the date the building permits are obtained; 2) The requisite building permits shall be procured within six months from the date of approval; 3) All lighting structures on the site shall not exceed six feet in height; 4) A Unity of Title shall be recorded tying the subject property with the Hospital property immediately to the south (across Jeffords St.) prior to the issuance of a building permit; and 5) The applicant shall obtain certification of the requisite site plan prior to the issuance of a building permit. Motion carried unanimously (6 to 0). 5. Lot 3 and part of Lot 2, Blk. B, John R. Davey's Resub (421 Cleveland St.), Terry Tsafatinos (Greek Pavilion Inc.), CU 92-37 Request - To permit on-premise consumption of beer and wine Zoned - UC(C) (Urban Center Core) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant, Terry Tsafatinos, 610 Snug Island, stated he will open a family Greek restaurant in downtown Clearwater. They will serve lunch and dinners. Pro: Jessie Goodman, 601 Cleveland Street, is Project Director of a downtown development project called "The World and Clearwater". He is delighted to have someone with faith in downtown Clearwater who is willing to open a new business. Restaurant renovations will make patrons think they have been transported to a Greek isle. Approved (motion by Mr. Carassas, second by Mr. Merriam) subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) Approval shall be for on-premise consumption only, with no package sales; and 3) The applicant shall obtain the requisite alcoholic beverage separation distance variance from the City Commission. Motion carried unanimously (6 to 0). 6. Lots 19 & 20, Blk. 2, Knollwood Replat (1390 Gulf to Bay Blvd.), William J. and Mary A. Moran (Barney's Surf & Sport a/k/a Inline Skate Rentals), CU 92-38 Request - To permit outdoor commercial recreation/entertainment Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant, William J. Moran, 2055 Nugget Drive, stated he is in agreement with the conditions set forth by staff. They will start out with one to two dozen skates. Rentals will be a three-hour minimum or all day. Pro or Con: None Approved (motion by Mr. Hamilton, second by Mr. Bickerstaffe) subject to the following conditions: 1) The applicant shall obtain an occupational license for the use within 6 months from the date of this public hearing; 2) No outdoor recreational activities/entertainment other than skate rentals shall be carried out on the subject property; 3) No required parking spaces or aisles shall be converted to outdoor commercial/recreation use; and 4) All signage on the site shall be brought into compliance with the City's sign regulations on or before October 13, 1992. Motion carried unanimously (6 to 0). 7. Lots 3, 4 and 1/2 vacated alley on east, J B Roberts Sub, (1253 So. Ft. Harrison Ave.) Morritt Homes, Inc. (City Pawn & Jewelry), CU 92-39 Request - To permit outdoor retail sales, displays, and/or storage Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation for a continuance. Applicant, Bob Griffith, 879 2nd Avenue NE, Largo, stated he was not aware of the continuance proposal. He will have bicycles or perhaps lawnmowers outside. This helps to increase his sales volume considerably. The applicant will see Zoning to make a drawing depicting where this sales area will be. Continued (motion by Ms. Martin, second by Mr. Hamilton) the above request to the meeting of June 30, 1992. Motion carried unanimously (6 to 0). 8. Lot 3, Gulf to Bay Shopping Center (1681 Gulf to Bay Blvd.) Arthur H. and Mary L. Bruno (AJB Ventures, Inc./Uncle Ernie's Pub), CU 92-40 Request - To permit on-premise consumption and package sales of beer wine and liquor Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Carassas asked if the State has a moratorium on 4-COP licenses. Applicant, Ernest P. DiNardo, 1353 Wildwood Court, Dunedin, stated he is the owner of Uncle Ernie's Pub and has been there since 1988. They acquired a license from bankruptcy court. He will be there full time and plans to update the interior. Police reports were not negative and were consistent with this type of operation. Approved (motion by Mr. Hamilton, second by Mr. Bickerstaffe) subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; and 2) No customer accessible display area for package sales shall be provided. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lot 3, Glen Ellyn Estates, (2184 Burnice Drive), Paul & Jeanne H. Jones A 92-03, LUP 92-10 Request - Annexation, Land Use Plan and Zoning Atlas Amendments LAND USE PLAN: FROM: Unclassified TO: Low Density Residential ZONING: RS-6 (Single Family Residential) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Pro or Con: None Recommended approval (motion by Mr. Hamilton, second by Mr. Bickerstaffe) to the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential, and Zoning Atlas Amendment to RS-6 as they appear to be supported by the Standards for Approval of Land Development Code Section 132.005, 137.015(e), and 137.016(e). Motion carried unanimously (6 to 0). 2. Lot 40, Clearwater Manor (1741 W. Manor Ave.), Sharon L. Tucker A 92-05, LUP 92-11 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 approval (motion by Mr. Carassas, second by Mr. Bickerstaffe) 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 Land Development Code Section 132.005, 137.015(e), and 137.016(e). Motion carried unanimously (6 to 0). 3. Part of Lots 23 and 24, Clearwater Manor, (1748 W. Manor Ave.), Donald R. & Barbara A. Shower A 92-06, LUP 92-12 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 approval (motion by Mr. Carassas, second by Mr. Bickerstaffe) 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 Land Development Code Section 132.005, 137.015(e), and 137.016(e). Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS Mr. Mazur asked that everyone read page 2 of the St. Pete Times today regarding the Russian President stating American prisoners were taken from Viet Nam to Russia. He feels this may be important in the upcoming elections. Mr. Mazur advised his company had been asked to perhaps join as a team member with one of the groups being considered for the East End project. They are not members at present so he will not declare a conflict. Should this become a reality, he will declare a conflict at that time. Mr. Mazur asked that Mr. Griffith be listed as the first continued item followed by Bennett Auto Sales. F. DIRECTOR'S ITEMS Scott Shuford introduced Jan Schopper who is the incoming Recording Secretary for the Planning & Zoning Board. She will be assuming those duties sometime in the future. The next meeting will be busy as the Downtown Plan is on the agenda. In addition members will cover the revised sign code and were given a handout to facilitate their becoming familiar with the changes. G. BOARD AND STAFF COMMENTS The necessity of Barney's Surf & Sport having to come before the Board for a conditional use to rent skates was discussed. Ms. Martin suggested that perhaps an Occupational License fee might suffice. Mr. Carassas will be on vacation in Greece and will not attend the next meeting. The meeting was adjourned at 3:28 pm.