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01/19/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, JANUARY 19, 1993 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Hamilton, Messrs. Bickerstaffe, Carassas (arrived at 1:33 p.m.), Mazur, Merriam, Ms. Martin Also present: Scott Shuford, Planning Manager Etim Udoh, Planner I Doreen Feldhaus, Recording Secretary Chairperson Hamilton outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. A. APPROVAL OF MINUTES Approved as corrected (motion made by Mr. Bickerstaffe, and seconded by Mr. Savage) the minutes of January 5, 1992. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None C. CONDITIONAL USES: 1. M&B 32.01 and 32.02, Sec. 17-29-16 (20505 U.S. 19 N.), Trizec Western, Inc/Trizec Properties, Inc., (Frank & Stein Dogs and Drafts), CU 93-03 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. Applicant, S. Lee Kilburn, 14 Marsh Tower Lane, Savannah, GA, stated this is a hot dog and soft drink stand which they purchased from the franchise owner. Mr. Kilburn stated that the previous license for this establishment had expired therefore there was no license to transfer. He added that they are not currently selling alcoholic beverages, just hot dogs and soft drinks. Mr. Kilburn added that they have applied for the required variance which will be heard at the February 4, 1993 meeting of the Development Code Adjustment Board. Pro: None Con: None A motion was made by Mr. Carassas, and seconded by Ms. Martin, 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) 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 variance. Motion carried unanimously (7 to 0). 2. Lots 2 thru 6, Blk 4, Jones Sub of Nicholson's Add to Clwr Harbor, (304 Railroad Ave), Mt. Olive AME Church, CU 93-04 Request - to permit non-commercial parking Zoned - CG (General Commercial) and P/SP (Public/Semi-Public) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Discussion ensued regarding the trees on the subject property. The applicant was not present at the meeting. A motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe, to continue the request to the end of the meeting. Motion carried unanimously (7 to 0). After all other items on the agenda had been completed, the applicant was not present. A motion was made by Mr. Carassas, and seconded by Ms. Martin, to continue the request to the February 2, 1993 meeting. Motion carried unanimously (7 to 0). 3. Lots 8 thru 10, Blk D, Coachman Heights Rev Sub, (1000 Court St), Wendall E and Margaret S Taylor (Court St Animal Hospital), CU 93-05 Request - to permit animal grooming Zoned - UC(E) (Urban Center Eastern) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Wendell Taylor, 1000 Court St., stated that he had purchased the practice last February where these services had been provided for nearly 40 years. He stated he was not aware that a conditional use permit was necessary and that the intensity is the same and questioned why the conditional use permit is needed. Mr. Shuford stated that during zoning review it was determined that the request is more intense than the previous use, and that he will research the reason and provide a detailed letter to Mr. Taylor with copies to the Board members. Discussion ensued regarding whether the conditional use could be forced in order for the landscaping requirements could be brought into compliance. Mr. Shuford stated that the City would not force a conditional use permit if it was not necessary. He added that perhaps the previous tenants had not applied for an occupational license or conditional use to permit them to provide this service. In response to questions by the Board, Mr. Taylor stated that the grooming would be done by either his staff or by an independent groomer. Mr. Taylor stated that he had no problems with the conditions proposed by staff. Pro: None Con: None A motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur, to approve the request subject to the following conditions: 1) The necessary occupational license shall be obtained within 6 months from the date of this public hearing; 2) All animal boarding and grooming shall be indoors; 3) The applicant shall follow the city ordinances and regulations concerning disposal of animal excrement; and 4) The applicant shall bring the existing parking lot into compliance with City Codes including striping and provision of handicapped parking, buffering and landscaping along Court Street within six months from the date of this public hearing. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lot 17, Clearwater Manor, (2200 Manor Blvd. N.), Clifford L. Whickman, Jr., A 92-12 & LUP 92-23 Request - for Annexation, Land Use Plan and Zoning Atlas amendments LUP - From Unclassified to Low Density Residential ZONE - RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. The applicant was not present. Pro: None Con: None A motion was made by Mr. Bickerstaffe and seconded by Mr. Carassas, to recommend that the City Commission approve the Annexation, Land Use Plan Amendment to Low Density Residential, and Zoning Atlas Amendment to RS-8. Motion carried unanimously (7 to 0). E. CHAIRMAN'S ITEMS Mr. Hamilton advised that the PPC is having a meeting on Thursday, 5th floor of the courthouse. Mr. Shuford discussed several of the items to be addressed at the PPC meeting. Mr. Shuford discussed a discrepancy in the Countywide Plan regarding several subdivisions in the Countryside area concerning the Land Use Plan classifications. He noted that the Countywide Plan lists them as lower density than our Low Density classification. Mr. Shuford indicated that the City Commission has taken steps to authorize changing the classifications to whatever Land Use Plan classification that is closest to their current zoning and density. F. DIRECTOR'S ITEMS Mr. Shuford advised that he had met with Mr. Merriam regarding the suggested changes to the Planning and Zoning Board's Rules and Regulations and copies were provided to the Board members today. Discussion ensued regarding the meeting starting time. It was the consensus of the Board members to change the meeting time to 2:00 p.m. Mr. Shuford stated he will make the change and will present the amended rules and regulations to the Board for approval at the next meeting. In response to a question by Ms. Martin, Mr. Shuford stated in regard to the relocation of Alt. 19 that he had discussed this with our local representative on the Technical Coordination Committee. A corridor study is being undertaken and it is unknown when it will be completed. Mr. Shuford stated he felt it is unlikely that Alt. 19 will be relocated. Discussion ensued regarding the sale of single cold containers of alcoholic beverages. Mr. Shuford stated that Mr. Galbraith has determined that it is clear that a change in State legislation is necessary to do be able to accomplish this. Mr. Shuford stated that if it is the Board's desire a resolution could be drafted to forward to the City Commission for consideration to be included in the legislative package to the State. He added that it was too late to include it in this year's package. Mr. Mazur asked if Mr. Galbraith could address the Board regarding this issue specifically, whether the Board has the authority to restrict the sale of single containers. Mr. Shuford stated he will contact Mr. Galbraith and ask him to speak to the Board. G. BOARD AND STAFF COMMENTS Discussion ensued regarding whether the Board can impose a condition contingent on the same ownership and management when corporations have received approval for a conditional use. Mr. Shuford felt that we can require them to come before the Board for approval if there is a major change of corporation officers, and that he will look into the matter. Mr. Shuford added that the State requires zoning approval only for the first time an alcoholic beverage license is issued. They do not require approval for transfers of ownership. Mr. Shuford added that most communities across the state do not require a conditional use permit for change of ownership and it would be difficult for the State to track changes of ownerships. Mr. Merriam asked the status of the conditional use permit for outdoor seating for Jammin'z. Mr. Shuford stated the outdoor seating area is much larger than approved for and that he would check into it. Discussion ensued regarding the problems involved with Arigato's conditional use request. Mr. Carassas asked if the Board members could get parking permits for their vehicles. Mr. Shuford suggested if the reserved spaces for the meetings at City Hall are taken, to place their identification badges in the vehicle window. Mr. Hamilton suggested any Board members who do not have an identification badge to contact staff to make arrangements to obtain one. Meeting adjourned at 2:25pm ______________________________________________________________ James M. Polatty, Jr., Director of Planning and Development