09/29/1992 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, SEPTEMBER 29, 1992 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Mazur, Messrs. Bickerstaffe, Carassas, Merriam, Savage, Ms. Martin
Members Excused: Mr. Hamilton
Also present: Scott Shuford, Planning Manager
James M. Polatty, Jr., Director of Planning and Development
Sandra Glatthorn, Senior Planner
Doreen Feldhaus, Recording Secretary
ITEM
A. APPROVAL OF MINUTES
Mr. Bickerstaffe stated he felt the phraseology of the intent stated in Case #CU 92-60 could serve as a standard condition to replace the original standard condition number one as previously
presented by staff.
Mr. Mazur questioned whether the statement of intent was included in the September 1, 1992 minutes for Case #CU 92-60. Ms. Feldhaus stated that the minutes were amended to include the
Board's statement of intent. Mr. Shuford added copies of the first page of the September 1, 1992 minutes will be provided for the members of the Board.
A motion was made by Mr. Bickerstaffe, and seconded by Mr. Carassas to approve the minutes of September 15, 1992. Motion carried unanimously (6 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
NONE
C. CONDITIONAL USES:
1. M&B's 41.01, 41.02, 41.04, 41.05, & 41.06, Sec. 6-29-16 (23654 US 19 N), Branch Sunset Assoc. Ltd./Sunset Assoc., Ltd. (Joel 'n Jerry's), CU 92-66
Request - To permit package sales 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, Scott Lybbert, 3913 Elprado Blvd., Tampa, stated that there is a problem with the landscaping requirement as a condition. He stated that it would jeopardize
the safety of the customers if parking were to be reconfigured to meet the landscaping buffer of 10 ft. along US 19. He added that if the parking would have to be eliminated or converted
to parallel parking, the elderly customers would have great difficulty parking and getting into the store. Mr. Lybbert added their main concern is the safety and convenience of their
customers. He further stated that Joel n Jerry's cannot afford the cost of installing the 10 ft. landscaping buffer by themselves. He noted that they only want to sell alcoholic beverages
due to their customers requesting it.
In response to questions by the Board, Mr. Lybbert stated that if they are required to meet the landscaping requirement and readjust the parking, they'd rather not have the license.
He responded that the cost of the landscaping will be approximately $5,000 to $10,000.
In response to questions by the Board, Mr. Shuford stated that the applicant's lease basically shows an area of the center where the parking is reserved for Joel n Jerry's which includes
the area along US 19. Mr. Shuford responded that in discussing the parking issue with the shopping center staff, there will be no problem with adjusting the parking, (e.g. angle parking),
and there is ample room to do so. Mr. Shuford added that the issue of who is responsible for the cost of installing the landscaping is a matter to be decided between the applicant and
the shopping center.
Mr. Lybbert stated that if they could work out the cost of the landscaping with the shopping center they would like to go forward with the request.
Mr. Shuford stated that the applicant has been well aware of the required landscaping and that the cost of the landscaping is not an issue for this Board, and that this matter needs
to resolved between Joel 'n Jerry's and the shopping center.
Pro: None
Con: None
Discussion ensued with Board members expressing concerns including: whether the lessee should be responsible to provide the landscaping, the amount of required landscaping, and the
process of determining whether or not an over concentration of alcoholic beverage establishments exist therefore requiring a separation distance variance.
Mr. Shuford added that now is a good time to accomplish proper landscaping on this site as the center is being now being renovated, and the parking can be reconfigured and restriped.
A motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe, to approve the request subject to the following conditions: 1) Prior to the issuance of an occupational license,
the applicant (Joel n' Jerry's) shall provide the required minimum 10 foot landscape buffer strip along the U.S. 19 right-of-way extending from the new 15 ft. wide buffer as shown on
the site plan, to the north side of the southern entry to the parking lot; and 2) The applicant shall obtain the requisite occupational license within six months from the date of this
public hearing; and 3) The required separation distance variance shall be obtained from the City Commission. Motion carried 5 to 1, with Mr. Merriam voting "nay" due to requiring this
applicant to provide the landscaping.
2. Lots 22 thru 25, Blk. 15, Aiken Sub (807B Court St.), Marie P. Sapourn, Trustee (Mexico Lindo Super Store), CU 92-67
Request - To permit package sales of beer and wine
Zoned - UC(E) (Urban Center Eastern)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated that the staff report omitted that an alcoholic beverage separation
distance variance will be required from the City Commission. Mr. Shuford noted that two letters of objection had been received.
Applicant, Jesus Carrillo, 305 S. Comet Ave., stated he was not aware before this meeting that there was any opposition to the request and he will make sure those types of problems do
not occur as they have in the past.
In response to questions by the Board, Mr. Carrillo stated he understands the recommended conditions and has no problem with them. He stated that he will sell beer only and does not
intend to sell single containers.
Mr. Carrillo stated that the business has been open since September 12, 1992 and has had no problems involving the police. He will be the owner and operator of the business.
In response to questions by the Board, Mr. Shuford stated he is unaware whether training is required by the State of Florida for a new license of this type. Mr. Carrillo stated he has
had no training, but if required by the State he is willing to do so.
Pro: None
Con: None
A motion was made by Mr. Carassas, and seconded by Mr. Savage to approve the 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 restricted to package sales only; and 3) The required alcoholic beverage separation distance
variance shall be obtained from the City Commission. Motion carried unanimously (6 to 0).
3. M&B 14.11, Sec. 18-29-16 (20866 US 19 N), Russell and Barbara J. Dilley, Trustees (Personalities), CU 92-68
Request - To permit on-premise consumption of beer and wine
Zoned - CH (Highway Commercial)
A motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe to continue the request to the October 13, 1992 meeting. Motion carried unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
None
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
Mr. Shuford stated Sandra Glatthorn is present today to answer any questions regarding the PPC Consistency Program.
It was the consensus of the Board that there were no questions at this time and that they would review it on October 13, 1992.
Mr. Shuford briefed the Board to update them on the status of the Downtown Plan. He noted that the City Commission felt the overall thrust of the plan is good.
G. BOARD AND STAFF COMMENTS
Meeting adjourned at 2:28 p.m.
_____________________________________________________________
James M. Polatty, Jr., Director of Planning and Development