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10/19/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, OCTOBER 19, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Messrs. Carassas, Mazur, Merriam, Ms. Martin Members Excused: Chairman Hamilton, Messrs. Bickerstaffe, Savage Also present: Scott Shuford, Planning Manager Vickie Davenport, Recording Secretary ITEM A. APPROVAL OF MINUTES Motion was made by Mr. Mazur, and seconded by Ms. Martin to approve the minutes of October 5, 1993. Motion carried unanimously (4 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: Continued from 10/05/93 A. Part of Lots 6 & 7, Hill-Top Sub, (2615 Sunset Point Rd), U-Haul Co of West Coast of Florida, Inc./Charlie Kitchin, CU 93-47 Request - to permit indoor storage and/or warehousing; a mini-warehouse Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in favor or in opposition to this request. Mr. Shuford stated that there was a letter requesting continuance to the November 2, 1993 meeting. Motion was made by Mr. Merriam, and seconded by Mr. Mazur to continue this item to the November 2nd meeting. Motion carried unanimously (4 to 0). C. CONDITIONAL USES: 1. Lots 2-8, 19-36 and part of Lot 1, Blk P, Hibiscus Gardens, (1218 Court St), 605143 Ontario Ltd (Ultimate Home Care & Services Inc), CU 93-61 Request - to permit commercial or trade schools Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Stephen Swanberg, 1212 Court St., was present. Mr. Swanberg stated that this is a request to turn this office space into a trade school classroom for home health care. There were no persons present to speak in favor or in opposition to this request. Motion was made by Mr. Merriam, and seconded by Mr. Mazur, to approve this item subject to the following condition: The requisite occupational license shall be obtained within six months from the date of this public hearing. Motion carried unanimously (4 to 0). 2. M&B 33.02, Sec 19-29-16, (2245 Nursery Rd), Luverne M. & Vivian M. Loken (Southern Lawn Equipment Company, Inc), CU 93-62 Request - to permit outdoor retail sales, displays and/or storage Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Robert DePencier, 2245 Nursery Road, was present. Mr. DePencier stated that he will comply with all of the conditions mentioned, but he didn't know what was needed regarding the signage. He was directed to contact the City Zoning Section. Three letters from neighbors stating they have no problems with this business were presented. Discussion ensued regarding applying for a sign variance. There were no persons present to speak in favor or in opposition to this request. Motion was made by Mr. Mazur, and seconded by Mr. Merriam to approve this 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) All signs shall be brought into conformance with the City sign regulations within 90 days of the date of public hearing; 3) All repair services shall be indoors; 4) There shall be no outdoor speakers; and 5) No repairs or outdoor storage shall occur between the hours of 6:00 p.m. to 7:00 a.m. Mondays through Saturdays and all day on Sundays. Motion carried unanimously (4 to 0). 3. Lots 1-10, Blk C, Bayside Shores, (740 Gulfview Blvd S), William & Helen H. Kebort, TRE (Shikuko K. Pinto/Island Breeze Cafe & Grill), CU 93-63 Request - to permit on-premise consumption of beer and wine (business ownership change) Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Shikuko Pinto, 740 S. Gulfview Blvd., was present. She stated that she understood the approval conditions proposed by staff. There were no persons present to speak in favor or in opposition to this request. Motion was made by Mr. Merriam, and seconded by Mr. Mazur to approve this request subject to the following conditions: (1) The requisite occupational license shall be obtained within six months of the date of this public hearing; (2) There shall be no outdoor speakers or seating; (3) There shall be no entertainment; (4) A 12:00 midnight closing time shall be observed; (5) Approval shall be limited to consumption on premises only, with no package sales; and (6) A requisite variance from the Development Code Adjustment Board shall be obtained by the applicant. Motion carried unanimously (4 to 0). 4. Lots 1-10, Blk C, Bayside Shores, (761 Bayway Blvd), William & Helen H. Kebort, TRE (Donald E. Roy/Ozbean's Inc), CU 93-64 Request - to permit on-premise consumption of beer and wine (business ownership change) Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Donald E. Roy, 761 Bayway Blvd., was present. He stated there would be no changes made to the current operation. He stated that the hours of operation are from 8 am - 9:00 pm., seven days a week. Mr. Roy stated there is seating outside already, which was done with the last owner. He stated there are only twenty seats inside and twenty outside. The following person was present to speak in favor of this request. Kathleen Lamb, 724 Bayway Blvd., was present. She stated she has seen four owners at this site, which all had liquor licenses. Ms. Lamb has noted no problems in the past at this location. There were no persons present to speak in opposition to this request. Motion was made by Ms. Martin, and seconded by Mr. Mazur to approve this request subject to the following conditions: (1) The requisite occupational license shall be obtained within six months of the date of this public hearing; (2) There shall be no outdoor speakers; (3) There shall be no entertainment; (4) A 12:00 midnight closing time shall be observed; (5) Approval shall be limited to consumption on premises only, with no package sales; and (6) If necessary, a minimal seating variance shall be obtained from the Development Adjustment Board. Motion carried unanimously (4 to 0). 5. Lots 1-12, Midway Sub, (2005 Gulf-to-Bay Blvd), Morritt Homes Inc (Walgreen Company/Walgreen Drug Store), CU 93-65 Request - to permit package sales of beer, wine and liquor (new license) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. A letter from Mr. James Miller, who is from the School Board, objecting to this request was presented. Mr. Shuford stated there is a 7-Eleven across the street which carries alcohol, and is within 300 ft. of the school. Applicant's representative, Harry Cline, 400 Cleveland St., was present. He stated he was not aware of the letter from the School Board and he also requested a continuance for this request, because it is not a full board. There were no persons present to speak in favor of this request. The following persons were present to speak in opposition to this request: Olindia Bell, 300 N. Duncan Ave., was present. She would like the board to support the recommendation of the police department, and James Miller position. Her daughter, Melina Bell spoke also. They do not like the 7-Eleven being so close to the school. Her daughter stated that she sees kids at school drunk now, and it would be worse if they could just go across the street and obtain it. Kathy Schmidt, PTA President at Clearwater High, was present. She is also representing Mr. Evans, who is the prinicpal at Clearwater High. They are very much for Walgreen's store going in, but are strongly opposed to the selling of liquor at this location. Ms. Schmidt stated she canvassed the entire board of the PTA membership and they are all opposed to the selling of liquor this close to the school. There is a container law at school and they are not allowed to leave the campus, but there are not enough people to police these problems. Ms. Schmidt stated she is there three days a week and sees kids "under the influence" alot. She stated the school is used in the evenings too, (i.e., games) and now it is a problem at night time. Paul Schmidt, 207 Midway Island, PTA representative, was present. He is for Walgreen's opening up an alcohol free store. Mr. Schmidt thinks this request is not in the best interest of our kids. He has two children at Clearwater High and hears about the police being on campus for alcohol-related problems and thinks granting this variance will increase these problems. Cindy Ehrenzeller, 1851 Asberry Drive, was present. She is the President of the PTA at Kennedy Middle School and opposes the request very strongly, as the Kennedy Middle School children will be going to Clearwater High. Sandra Riskowitz, tenant of the shopping center. She thinks Walgreen's should find another place to locate their business, especially when they have a store down the street on Gulf-to-Bay. She strongly opposes alcohol being sold so close to the school. Mr. Cline asked for a continuance. Motion was made by Mr. Mazur, seconded by Mr. Merriam, to continue this item to the November 2nd meeting. Motion carried unanimously (4 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lot 1, Ehle Sub, (23917 US Hwy 19 N), U-Haul of West Coast of Florida, A 93-22; LUP 93-30 LUP: From Unclassified to General Commercial ZONE: General Commercial Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. No persons were present to speak in favor or in opposition to this item. Motion was made by Mr. Mazur, and seconded by Ms. Martin, to continue this item to the November 2, 1993 meeting. Motion carried unanimously (4 to 0). NO AGENDA ITEM - DISCUSSION REGARDING REHEARING: (NOTE: A unscheduled presentation regarding Personalities (CU 93-57) was done before the Ordinance item.) Applicant's representative, Mr. Tim Johnson, 911 Chestnut, was present. He stated that at the October 5th meeting his client's application was denied and an appeal was filed. He also stated that they are seeking a "rehearing," instead of going through the long process of appeal. Mr. Johnson gave the background as to what occurred at the previous meetings: he stated that staff recommended approval, that there would be management on site, the parking had been improved, there was no public opposition to this application at those meetings, and that the property is zoned Highway Commercial, so it is compatible with the surrounding area. The reason given for denial was Standard No. 6 of the Code, which states incompatibility with surrounding areas. Mr. Johnson stated there is no evidence in the record for incompatibility. Mr. Johnson stated that not liking the type of business, having no prior experience, and/or prior problems with police at a business, were not reasons for denial. Mr. Johnson stated that Mr. Rose is accepting the six conditions that were proposed, even the six month trial period. He wants the board to recalendar this item for the November 2nd meeting. During a break, Mr. Shuford talked to City Attorney Galbraith on several issues concerning the board members. Discussion regarding reconsidering the case ensued. The board members had their questions regarding what the by-laws stated regarding rehearing procedures answered by Mr. Shuford. Motion was made by Mr. Merriam, and seconded by Mr. Mazur, to schedule the rehearing for the next earliest meeting. Motion carried 3 to 1, with Mr. Mazur voting "nay". Request for Code Text Amendment: 2. ORDINANCE NO. 5490-93 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO "ADULT USE ESTABLISHMENTS"; CREATING A NEW ARTICLE V WITHIN CHAPTER 41, CODE OF ORDINANCES, TO ESTABLISH REGULATIONS FOR THE OPERATION OF CERTAIN KINDS OF BUSINESS ESTABLISHMENTS; ADOPTING A STATEMENT OF PURPOSE AND LEGISLATIVE FINIDNGS; DEFINING TERMS; ESTABLISHING MINIMUM DISTANCES AND OTHER LOCATIONAL REQUIREMENTS; PROVIDING FOR THE AMORTIZATION OF NONCONFORMING ADULT USE ESTABLISHMENTS; REQUIRING CERTIFICATES OF COMPLIANCE OR PROVISIONAL CERTIFICATES OF COMPLIANCE AND ADULT USE LICENSES FOR ADULT USE ESTABLISHMENTS, AND ESTABLISHING REQUIREMENTS FOR FILING, REVIEW PROCEDURES, AND OTHER REQUIREMENTS; PROVIDING FOR HARDSHIP RELIEF; ESTABLISHING OPERATIONAL REQUIREMENTS; PROHIBITING CERTAIN CONDUCT BY OPERATORS OF ADULT USE ESTABLISHMENTS, BY THEIR EMPLOYEES, AND BY PATRONS WITHIN ADULT USE ESTABLISHMENTS; ESTABLISHING HOURS OF OPERATION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE SUSPENSION OR REVOCATION OF ADULT USE LICENSES; PROVIDING AN EFFECTIVE DATE. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Rob Surette, Asst. City Attorney, discussed this ordinance and answered questions from the board members. Mr. Shuford handed out revision pages. Mr. Bruce McLaughlin, 900 Gulf Blvd., Suite 303, Indian Rocks Beach, was present. He is representing Drew Enterprises Inc. Mr. McLaughlin would like this item continued to the next meeting, so he can give a presentation package to them. Discussion ensued and it was decided to let Mr. McLaughlin give his presentation today. As stated by Mr. McLaughlin: The primary purpose of this board is to determine consistency with the comprehensive plan. He stated that there is no evidence that this ordinance is consistent with the comprehensive plan. Mr. Surette had rebuttal. He believes it is consistent with the comprehensive plan and is complying with other City regulations. Recommended the City Commission approve the Adult Use Ordinance (motion was made by Mr. Mazur and seconded by Ms. Martin). Motion carried unnanimously (4 to 0). E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS A question was brought up by the board regarding public advertising, and why the City uses Tampa Tribune, which is not widely read in this area. It was stated that maybe that is why there is not much public participation. Mr. Shuford advised that the lower cost of advertising was the reason for the use of the Tampa Tribune. Adjourned: 6:05 p.m. _____________________________________________ Scott Shuford, Director of Central Permitting