09/15/1992 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, SEPTEMBER 15, 1992 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Mazur, Messrs. Bickerstaffe, Carassas, Hamilton, Merriam, Savage,
Ms. Martin
Also present: Sandra Glatthorn, Senior Planner
James M. Polatty, Jr., Director of Planning and Development
Doreen Feldhaus, Recording Secretary
ITEM
A. APPROVAL OF MINUTES
1. September 1, 1992
Mr. Bickerstaffe expressed concern over condition of approval #1 for Clearwater Radiator from the September 1, 1992 meeting (Agenda Item # C-1, Case #CU 92-60). He felt the condition
does not properly express the intent of the Board's approval of this request.
George Greer, Clearwater Radiator's representative, stated he is also concerned that condition #1 could be a problem in the future in that the plans will be changing in the development
review process and that this condition is too limiting.
A lengthy discussion ensued regarding the conditions of approval of this case, and the restrictions imposed by the standard conditions #1.
It was the consensus of the Board that clarification of the intent of approval should be included in the minutes of September 1, 1992.
A motion was made by Mr. Bickerstaffe, and seconded by Ms. Martin to approve the minutes of September 1, 1992 with the addition of a clarification that the intent of the motion for approval
for Case #CU 92-60 was not to confine, rather keep within the boundaries of the proposed building footprint of the conceptual plan; and that the final development plans shall be in accordance
with City code requirements. Motion carried unanimously (7 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. Request for six month extension (first extension request): 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)
Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation.
Applicant's representative, Harry Cline, 400 Cleveland Street, stated they had been waiting for an ordinance change that avoided the application of a mixed use formula which was adopted
in July. He stated the applicant has not had time to react to the parking variance requirements for this project and still be able to meet the original 6 month condition of this Board
and asked the approval of an additional six months.
Pro: None
Con: None
In response to questions by the Board, Mr. Cline stated they have not yet filed for the variance due to the time factor involved in the passing of the ordinance.
A motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to approve an extension of 6 months 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 unanimously (7 to 0).
C. CONDITIONAL USES:
1. Part of Tract A, Central Park Resub (2097 Drew St.), Remprop, Inc. (Jose's Mexican Restaurant, Inc.), CU 92-63
Request - To permit on-premise consumption of beer and wine
Zoned - CG (General Commercial) and RM-16 (Multiple-Family Residential)
Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation and noted that two letters of support had been submitted.
Gloria Diaz, applicant, 2097 Drew Street, stated they are requesting permission to sell beer and wine to be served with meals, which has been requested by their customers. Ms. Diaz
stated that their hours are now 11:00 a.m. to 10:00 p.m.
In response to questions by the Board, Ms. Diaz stated that there is no problem with the conditions recommended by staff and that to be allowed to be open until 11:00 p.m. would be better
should they decide to remain open later in the future.
Pro: None
Con: None
Discussion ensued regarding the hours of operation as stated on the application, and the language of the standard condition #1.
A motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained
within 6 months from the date of this public hearing; 2) The sale of alcoholic beverages shall be limited to consumption on premises only with no package sales; 3) The applicant shall
obtain approval from the City Commission for any requisite separation variance; and 4) The sale of beer and wine for on premises consumption shall be prohibited after 11:00 p.m. daily.
Motion carried unanimously (7 to 0).
2. M&B 13.02, Sec. 1-29-15 (1903 N Hercules Ave), Markos & Maria Poniros (Aum's Discount Beverage), CU 92-64
Request - To permit package sales of beer and wine
Zoned - CN (Neighborhood Commercial)
Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation and noted that staff received two letters of objection.
Applicant, Rakesh Patel, 1903 N. Hercules, stated he is requesting a conditional use for package sales of beer and wine only. He stated he will also sell groceries. This location was
previously a 7-11 Store.
In response to questions by the Board, Mr. Patel stated that the business will be a convenience store similar
to a 7-11 Store, and that he has experience in this type of business in helping his brother-in-law run his business. Mr. Patel stated he would be the owner and operator of the business,
the business will close at 10:00 p.m. daily, and there will be no gasoline sales. Mr. Patel stated he understood the recommended conditions and had no problem with them.
Pro: None
Con:
Mrs. Glatthorn stated that the letters of objection were from Mary Mitchell and one from Roy Palmer, which basically state they have experienced problems from liquor sales in the past
at this location, and that currently there is already a bar in the plaza.
Discussion ensued regarding prohibiting the sale of gasoline at this location, and the traffic problems on Sunset Point Road.
A motion was made by Mr. Hamilton, and seconded by Mr. Savage to approve this request subject to the following conditions: 1) The trash dumpsters shall be either relocated out of the
25 setback area or shall be screened with a solid wood fence with all appropriate variances obtained prior to the issuance of an occupational license. A minimum 12 foot gate is required
to provide access and any such approvals shall be coordinated with the Sanitation Department; 2) The plant materials required for perimeter landscape areas in Section 136.023 shall
be provided prior to issuance of an occupational license; and 3) The requisite occupational license shall be obtained within six months from the date of this public hearing. Motion
carried 6 to 1, with Mr. Merriam voting "nay".
3. M&B 23.03, Sec. 17-29-16 (21051 US Hwy 19 N) Loretto Boswell Minnear, Trustee (Club 21; presently Cindy Burger), CU 92-65
Request - To permit on-premise consumption and package sales of beer, wine and liquor
Zoned - CH (Highway Commercial)
Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation.
Discussion ensued with the Board and staff regarding parking requirements for this request.
Applicant Ronald Miller, 1087 Lexington Court, Largo, stated they are trying to purchase this property and a condition of the sale is that the 4-COP license be approved. Mr. Miller
stated they want to change the Cindy Burger to a cocktail lounge with drive through package sales. He stated that their real estate agent inquired of staff whether there would be any
problem changing from a 2-COP to a 4-COP and was told there should not be a problem to make the license change however, staff advised they were recommending denial due to lack of required
parking. He felt they should have been told this before. Mr. Miller stated he has been in the bar business in Pinellas County for 26 years with no problems with the police, health
department, or the State licensing Board.
In response to questions by the Board, Mr. Miller stated that the incidents (i.e. disorderly intoxication, resisting arrest, etc.) listed in the Police Department's report were not related
to his business and that he has not been drinking for four years. He stated that he is not sure of what they will do at this location, and that they may or may not consider adult entertainment/femal
dancers in the future.
Applicant, Britt Miller, 9875 58th Ave. No., St.Petersburg, stated that Detective Pease of the Police Department asked exactly what they would be doing at this location and they did
not know exactly. Detective Pease told them the most objectionable use would probably be adult entertainment. Mr. Miller stated they listed that use so that if they decide later on
to have adult entertainment they would not be restricted from doing so.
Pro:
Jay Miller, 150 Eric Court, Oldsmar, stated he is the real estate broker and is not related to the applicants. Mr. Miller stated that presently the building is an eyesore, the roof
leaks, and that extensive work is needed. He felt that the improvements will be benefit the City.
Con: None
In response to questions by the Board, Mr. Ronald Miller stated that Lounge Management, Inc. is owned by his wife, his son and himself. Mr. Miller stated that his sister-in-law manages
the Roadway Inn and that she had relayed to him that they are in favor of their establishment. Mr. Britt Miller stated they presently own Shooters bar and restaurant in St. Petersburg
which has package sales, but not drive through sales.
Mr. Ronald Miller stated he would rather the Board approve the request without drive through package sales, if that is the issue rather than deny the entire request.
Discussion ensued with the Board expressing concerns including: the uncertainty what the applicants plan for the lounge, the hours of operation, the intensity of potential uses and
the impact on the community.
A motion was made by Mr. Merriam, and seconded by Mr. Hamilton to deny the request based on the recommendation by staff that does not appear to support the Standards for Approval of
Land Development Code Section 137.011(d)(2) through 137.011(d)(6), and the uncertainty of the use within the establishment. Motion carried unanimously (7 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
REQUESTS FOR ANNEXATION, LAND USE PLAN AND ZONING ATLAS AMENDMENTS:
1. Lot 6, Blk. E, Oak Acres Add (1216 Duncan Ave S), Patricia J. Bacun, A 92-08, LUP 92-15
Land Use Plan: From Unclassified to Low Density Residential
Zoned: RS-6 (Single Family Residential)
Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation.
Pro: None
Con: None
A motion was made by Mr. Hamilton, and seconded by Mr. Merriam, to recommend the City Commission approve the Annexation, Land Use Plan classification of Low Density Residential, and
Zoning classification of RS-6 (Single Family Residential). Motion carried unanimously (7 to 0).
2. Lot 5, Lake Lela Manor First Add (1836 Brentwood Dr), John E. & Deborah A. Johnston),
A 92-09; LUP 92-16
Land Use Plan: From Unclassified to Low Density Residential
Zoned: RS-4 (Single Family Residential)
Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation.
Pro: None
Con: None
A motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to recommend the City Commission approve the Annexation, Land Use Plan classification of Low Density Residential, and
Zoning classification of RS-4 (Single Family Residential). Motion carried unanimously (7 to 0).
3. M&B 11.08, Sec. 5-29-16 (2989 Union St), Sylvan Abbey Memorial Park, Inc.;
A 92-10; LUP 92-17
Land Use Plan: From Unclassified to Public/Semi-Public
Zoned: P/SP (Public/Semi-Public)
Mrs. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation.
Pro: None
Con: None
Jeff Butler, P.O. Box B, Clearwater, 33518, stated he is representing Sylvan Abbey and would be glad to answer any questions.
Dr. Merriam stated that the fence in front of the property is in code violation and should be required to comply with code requirements.
Mr. Butler stated he felt that the fence would be taken down during construction of the offices before annex is completed.
A motion was made by Mr. Carassas, and seconded by Mr. Savage, to recommend the City Commission approve the Annexation, Land Use Plan classification of Public/Semi-Public, and Zoning
classification of Public/Semi-Public. Motion carried unanimously (7 to 0).
E. CHAIRMAN'S ITEMS
None
F. DIRECTOR'S ITEMS
Mrs. Glatthorn stated that the new standard condition #1 is being studied by Miles Lance of the City Legal Department for possible revisions. The results shall be brought to the Board
as soon as possible.
Mr. Polatty stated that the Development Code Adjustment Board stated that there were certain things in applications promised and then applicants did not follow through. The standard
condition #1 is to ensure applicants comply with what is stated on the applications.
Mr. Merriam stated that quite often promises are made by applicants which are not followed through.
In response to the Boards' concerns, Mrs. Glatthorn stated that this condition will not be included until such time that further information is obtained from Mr. Lance.
G. BOARD AND STAFF COMMENTS
Mrs. Glatthorn made a presentation to the Board regarding the PPC Consistency Program. She briefly explained the proposed Comprehensive Plan Map and Text Amendments, and Land Development
Code Amendments which involve changes in nomenclature, use, density and intensity. Also, that density is proposed to be calculated from gross rather than net acreage.
Meeting adjourned at 3:47 p.m.
_____________________________________________________________
James M. Polatty, Jr., Director of Planning and Development