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12/01/1992 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, DECEMBER 1, 1992 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Mazur, Messrs. Bickerstaffe, Carassas (arrived at 1:35 p.m.), Hamilton, Merriam, Savage (arrived at 1:42 p.m.), Ms. Martin Also present: Scott Shuford, Planning Manager Sandra E. Glatthorn, Senior Planner Vickie Davenport, Recording Secretary ITEM A. APPROVAL OF MINUTES Continued. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (Continued from 9/29/92, 10/13/92, 11/3/92, & 11/17/92) 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) Mr. Shuford stated the applicant relayed to staff their intention to withdraw this request. A letter of withdrawal was received. Mr. Shuford stated that they are not exempt from the fee and that he has made them aware of this. C. CONDITIONAL USES: 1. M&B 33.02, Sec. 28-28-16 (2556 McMullen-Booth Road) John Hancock Mutual Life Ins. Co. (Hancock Realty Investors Inc./Warehouse Liquor IV, Inc./The Grape Escape), CU 92-77 Request - To permit on-premise consumption of beer and wine Zoned - CC (Commercial Center) and OL (Limited Office) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. The Police Department has reported that they have no problem with the request. Applicants, Donald Baer, 3103 Avocet Place, Safety Harbor, and Michael Kwasin Jr., 3613 Beach Dr., Tampa, were present. Mr. Baer stated that he is the managerand that they submitted a letter changing the name to The Wine Vault. Mr. Kwasin stated that he has been in business over 20 years in Tampa. Pro: None Con: None A motion was made by Mr. Hamilton, and seconded by Mr. Carassas to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; and 2) Prior to the issuance of an occupational license, the requisite separation variance shall be obtained from the City Commission. Motion carried unanimously (7 to 0). 2. Lots 1 through 6, Blk. 5, Milton Park, and north ½ of vacated alley (607 Jeffords St.), GTE Florida Inc. (Morton Plant Day Care Center), CU 92-78 Request - To permit child day care Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. A motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to continue the request to January 5, 1993. Motion carried unanimously (7 to 0). 3. M&B 13.08, Sec. 12-29-15 (1185 N Hercules Ave.), Weaver Enterprises, Inc.(Expo Rest Inc.), CU 92- 79 Request - To permit on-premise consumption of beer and wine Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Elizabeth Demas, 209 Allens Ridge Dr., Palm Harbor, stated that they have owned the Expo Restaurant for six years and that they had a license previously, but did not use it and it has since expired. Discussion ensued regarding the required parking variance. Pro: Mr. Anastasiades, 2661 St. Joseph Dr., Dunedin, stated that with all the available parking, the restaurant should not be delayed because of the City's parking requirements. He stated the applicant presented a letter from Weaver Enterprises, Inc., owner of the property, which states that the Expo Restaurant has available to them unlimited parking spaces. Con: Thomas Wilke, VP/Operations at Metal Industries, 1310 N. Hercules, stated that his main concern is for the safety of their employees. He felt that the availability of liquor being so close, it is a temptation to workers. Discussion continued, with questions from the Board, regarding the Metal Industries policy about coming to work intoxicated, and the aspect of the workers being able to go to other locations to drink also. Mr. Wilke stated that there is a policy that is enforced regarding working intoxicated. A motion was made by Mr. Carassas, and seconded by Mr. Meeriam to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; 2) The sales of beer and wine shall be limited to consumption on premises with no package sales; 3) Prior to the issuance of an occupational license, the applicant shall obtain from the Development Code Adjustment Board the requisite parking variance or otherwise provide proof of parking to meet Code requirements; 4) There shall be no live entertainment. Motion carried unanimously (7 to 0). 4. M&B 41.01, 41.02, 42.02, and 42.03, Sec. 30-28-16 (27001 US 19 N, Countryside Mall #7743), CU 92-80 Request - To permit on-premise consumption of beer, wine and liquor Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Carol Castro, 15101 Lynx Dr., Tampa, stated that she is the area supervisor with Ruby Tuesday and has been with the company for 11 years. Mr. Castro stated that Christopher Galley, General Manager, will be running this location, and that he has 20 years experience. She added that this location will be run the same as other Ruby Tuesday restaurants. Motion carried unanimously (7 to 0). Pro: None Con: None A motion was made by Mr. Hamilton, and seconded by Mr. Carassas to approve the request subject to the following condition: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. M&B 21.03, Sec. 21-29-15, Portion of Government Lot 1 (1234 Druid Road), former Siples Restaurant, (The Morton F. Plant Hospital Association, Inc.), Z 92-13; LUP 92-22 Request - Land Use Plan and Zoning Atlas Amendments LAND USE PLAN: From Commercial/Tourist Facilities to Public/Semi-Public ZONING: CR 24 (Commercial Resort) to P/SP (Public-Semi-Public) Mr. Mazur stated he has conflict and will not participate in the vote or discussion of this request. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Mr. Emil Marquardt, Jr., 400 Cleveland St., stated (using map) that there will be no changes to the exterior, only to the interior, and that it will used for the educational and personnel departments. Discussion ensued regarding employee parking. Mr. Marquardt stated that they are interested in the Consistency Plan, as is the City and the City Commission. He stated that they are interested in an activity center and want minimal impact on the surrounding area. He has talked with Traffic Engineering staff regarding future planning for the hospital and was told that the statistics on traffic on Druid Road has been reduced because of the employee parking area. Discussion continued regarding the "master plan" in regards to the hospital. Mr. Marquardt stated that in February 1993, the Board hopefully will approve a master plan for the campus. Questions from the Board members regarding if the building would be torn down in the future and Mr. Marquardt stated that there are plans for that to take place. John Bladon, 170 Willowdale Dr., stated he is just concerned with the future and what could happen to this site. He wondered if there could be a condition stated that would alleviate the concerns of the people. Discussion followed with Mr. Shuford stating that conditions can be imposed only under planned development zoning. Mr. Marquardt stated he felt that the Consistency Plan is the best approach, and that there are no plans to build that would adversely affect the neighborhood. Discussion by the Board ensued regarding the comparison of CR-24 and P/SP permitted and conditional uses was discussed. Mr. Shuford stated there cannot be any restrictions placed on uses or overall site design beyond what is permitted in the P/SP designation under this request. A motion was made by Ms. Martin, and seconded by Mr. Bickerstaffe, to recommend that the City Commission approve the Land Use Plan amendment from Commercial/Tourist Facilities to Public/Semi-Public and the Zoning Atlas amendment from CR 24 (Resort Commercial) to P/SP (Public/Semi-Public). Motion carried 6 to 0, with one abstention. 2. Multiple Rezoning,Land Use Plan, Zoning and Land Development Code Amendments associated with the North Fort Harrison/North Myrtle Avenue Zoning Study Mr. Shuford gave a presentation regarding the five alternatives associated with this item: 1) To rezone RM-8 area along Osceola Avenue from RM-8 to RS-8; 2) To rezone the existing Neighborhood Commercial(CN) zoning in the vicinity from Neighborhood Commercial(CN) designation to the Infill Commercial(CI) designation; 3) Rezoning which will fill in between the existing commercial areas, changing an RM-8 area to CI; 4) Changing an area of RM-8 and CN to RS-8; and 5) Changing an area of RM-8 to RM-20. Discussion with Board members ensued regarding the different zoning classifications. Mr. Ackerly, 1216 Sunset Drive, stated he had planned to put one or two apartments on his property, and when he bought the property it was zoned to be able to do that. He stated that it was made nonconforming by the downzoning. Mr. Ackerly stated that the east side of Osceola is multi- family, and on the west side are probably all single family. He states that he feels his property will lose value, if it is downzoned, just as others will. Discussion by the Board members continued. The letter from Mr. Thorton was mentioned, in which he stated that he would like congregate care added as a conditional use. It was noted that other residents felt noncommercial parking as a conditonal use should be added to the RS-8 district, making it specific to the RS-8 areas to the east of Ft. Harrison Avenue between Nicholson and Calumet. In response to a question by the Board, Mr. Shuford stated that this has not been presented to the Pinellas Planning Council yet, but could be presented as soon as the spring of 1993. A motion was made by Mr. Carassas, and seconded by Ms. Martin, to recommend that the City Commission approve the N. Ft. Harrison/N. Myrtle Avenue Zoning Study with the following conditions: 1) rebuilding of damaged or destroyed residential homes that are in excess of 50% of their value; 2) adding to outdoor commercial recreation, congregate care, bed & breakfast inns as conditional uses and deleting blood plasma center as a conditional use; 3) add bed and breakfast inns to infill commercial; and 4) adding to RS8 conditional use allowing noncommercial parking in area covered by this plan to the west of North Fort Harrison Avenue. Motion carried 5 to 1(Mr. Bickerstaffe voting "nay"). E. CHAIRMAN'S ITEMS Mr. Mazur reminded the Board that the first meeting in January a new chairman will be elected. The by-laws states that the chairman does not serve for more than one year. Discussion ensued regarding the Christmas luncheon, on December 15, 1992. Mr. Hamilton will call and set up reservations. F. DIRECTOR'S ITEMS Mr. Shuford stated that the Kunnen IPD item was not properly advertised and will be reviewed on December 15, 1992. Sandy Glatthorn handed out information regarding the PPC Consistency Program for review, and recommend changes. G. BOARD AND STAFF COMMENTS Mr. Hamilton stated, using Ruby Tuesday's as an example, that these types of items should be handled administratively, and not through the public. Mr. Shuford commented about new changes to the alcoholic beverage regulations in 1993. Meeting adjourned 4:20 p.m. ______________________________________________________ James M. Polatty, Jr., Director of Planning & Development