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02/16/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, FEBRUARY 16, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Messrs. Bickerstaffe, Carassas, Mazur, Merriam, Savage, Ms. Martin Members Excused: Mr. Hamilton Also present: Scott Shuford, Planning Manager Etim Udoh, Planner I Vickie Davenport, Recording Secretary ITEM A. APPROVAL OF MINUTES B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. REQUEST FOR SIX MONTH EXTENSION (First Extension Request). Lots 4, 5 & 6, Blk D, Island Estates of Clwr, Unit 5, and waterway adj south of Lots 4, 5 and 6 (211, 217, 223 Windward Passage), Windward Properties, (The Bitter End, Inc), CU 92-55 Request - To permit on-premise consumption of beer, wine and liquor Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Pro: None Con: None A motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe to approve the request for extension. Motion carried unanimously (6 to 0). 2. (Continued from 2/2/93) Lots 1 thru 6, Blk 5, Milton Park, (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. Mr. Mazur stated he will not be participating in the discussion or vote. Representative, Mr. Emil C. Marquardt, Jr., Morton Plant Hospital was present. He stated that in a survey of the hospital employees that they would like to see a day care center provided for them. The size of the building could accommodate approximately 104 children. They are planning the on-site drop off and pick-up area. Questioning from the Board, Mr. Marquardt stated that it was strictly for hospital employees only. Pro: None Con: None A motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage to approve the request subject to the following conditions: 1) On-site loading and unloading for the hospital employee children shall be provided; in a manner conforming to City code and approved by the Traffic Engineer; 2) The requisite site plan shall be submitted to the City within six months of this public hearing and the property shall not be used for child day care before the City approves and certifies the site plan and facilities are constructed in accordance with the approved site plan; and 3) A building permit pursuant to the certified site plan shall be obtained within one year of the date of this public hearing. Motion carried unanimously (5 to 0) with one abstention (Mr. Mazur). 3. (Continued from 2/2/93) Part of lots 7 & 8, Mosell Acres, (308 N. Belcher Rd), Patrick T and Gail E Maquire, A 92-13 & LUP 92-24 Request - for Annexation, Land Use Plan and Zoning Atlas amendments LUP - From unclassified to Residential/Office Zone - OL (Limited Office) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Patrick Maquire, was present. In a discussion with the Board, Mr. Shuford stated that, in regard to rebuilding in case the building was destroyed, that it would have to be brought into conformance with the code. Mr. Maquire stated that the remodeling is about 80% done and that they have tried to comply with everyone's wishes during the construction. Pro: None Con: None A motion was made by Mr. Savage, and seconded by Mr. Merriam for recommendation for endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential/Office, and Zoning Atlas Amendment to OL 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). C. CONDITIONAL USES: 1. Lots 5, 7, and 8, less street, Countryside Village Sq, (2569 Countryside Blvd, Suite 15), Countryside Village Ltd (HRE Properties/Anthony & Kathryne Gentile/Fiddlestix Cafe & Grill), CU 93-09 Request - to permit on-premise consumption of beer and wine Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Anthony Gentile, 415 Tangerine Drive, Oldsmar was present. He stated he has 17 years experience in the restaurant business and he has beer and liquor licenses in the past. He and his wife are the owners and managers; he has been open for one month. Pro: None Con: None A motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe to approve the 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) The operation is limited to consumption on premises only with no package sales; and 3) The applicant shall obtain from the City Commission the necessary separation distance variances. Motion carried unanimously (6 to 0). 2. Island Yacht Club Condo, (200 Windward Passage, Slip #87), Island Yacht Club Condo Assoc, Inc/Seabreeze Financial Corp formerly known as Tampa Boat Mart Inc, CU 93-10 Request - to permit a marina boat lift Zoned - CG (General Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Discussion from the Board with Mr. Shuford commenting on the presentation of this request on a "one-at-a-time" basis, instead of doing a "blanket" permit. Applicant, Larry Fisk, 13056 Faxton St., was present. He stated that each individual owns a slip, and they have set rules and will be difficult to talk all the owners into a blanket permit. Mr. Fisk stated that each individual owner has to have 3 neighbors sign, the ones on both sides of them and the one in front of them. Mr. Fisk stated that they are most likely afraid of legal problems occurring if they go with a blanket type permit. Pro: None Con: None A motion was made by Mr. Savage, and seconded by Ms. Martin to approve this request subject to the following condition: 1) The applicant shall obtain the requisite building permit within six months of this public hearing. Motion carried unanimously (6 to 0). 3. Lots 32 and 33, Blk E, Greenwood Park No 2, (1215 N Greenwood Ave), Francis L and Alice S Smith, (Bernard Harvey/Rose Room), CU 93-11 Request - to permit on-premise consumption and package sales of beer and wine Zoned - CNG (North Greenwood Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Discussion between the board members and Mr. Shuford ensued regarding the 18 month trial period and the parking problem. Mr. Shuford stated that they need to do a separation and parking variance. Applicant, Bernard Harvey, 1630 Jefferson, Largo, was present. He stated that he has been there for 40 years on this property. Questions from the Board, Mr. Harvey stated that because of the problems he has had in the past with teenagers, he will not allow them, that he will only have adults. He will be the manager. In response to a question about his menu, he responded there is no cooked food, mainly snack type foods. The Board members stated they had concerns about this area having these types of businesses in this location. Pro: Francis L. Smith, 2525 Aroyal Pine Circle, was present. He is the owner of the property. He stated that Mr. Harvey is a personal, long-time friend, and would like to see him be successful running this business. Con: None A motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam for DENIAL of the request. Motion carried 5 to 1. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Belcher Point Sub, (1801-1876 N Belcher Rd, the SE corner of Belcher and Sunset Point Roads), James J Krivacs/Larry G Guilford, (Belcher Sunset Center), PSP 85-29 Request - to consider a request for amendment of the Master Site Plan, by permitting an additional one story building and associated parking on Parcel A Zoned - OPD (Office Planned Development) (WITHDRAWN BY STAFF) 2. Lots 10, 11, and part of Lot 9, Blk 1, North Shore Park Sub, (300 Venetian Dr), City of Clearwater, Z 92-10 Request - Zoning Atlas Amendment ZONED: FROM: RM-8 (Multiple Family Residential "Eight") TO: RS-8 (Single Family Residential "Eight") Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Richard Owens, 300 Venetian Drive, was present. He is the owner of the building since 1985. Mr. Owens stated that the original owner had contracted to build a 24 unit building, but due to costs, it was cut in half. Since he has owned this property, he has made improvements and stated that about five years ago came before this Board and received a conditional use permit to allow multiple docks to be built. Mr. Owens believes that regressing him to RS-8 would be a great disservice. He feels if this was to happen, he would not make any more improvements, since this property could not be rebuilt as it presently stands. Pro: None Con: None Discussion ensued between the Board members regarding zoning districts and Mr. Shuford answered their questions. A motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, for DENIAL of this request. Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS Mr. Shuford stated that the veterinary office on Court Street needed to get a conditional use and staff sent a letter stating this. Also that the PPC items will be back at the next meeting for their review. G. BOARD AND STAFF COMMENTS Mr. Mazur stated that he was going to have a speaker on the alcoholic beverage sales come in, but the speaker was unable to make it today, so will do it in the near future. He also stated that when he was on the Board in 1985 that citizens had 90 days to register the density of their property, which gave them the ability to build the number of units back, but you had to live with the setbacks and other criteria on the property. Mr. Shuford stated he would check on this and report back to them next meeting. Discussion resumed on zoning districts and its effect on people's property. Adjournment: 4:19 p.m. ___________________________________________________ James M. Polatty, Jr., Dir. of Planning & Development