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01/04/1994 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, JANUARY 4, 1994 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Messrs. Bickerstaffe, Carassas, Mazur, Merriam, Savage, Ms. Martin Members Excused: Mr. Keyes Also present: Scott Shuford, Central Permitting Director Vickie Davenport, Recording Secretary Chairperson Carassas 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. ELECTION OF OFFICERS - Motion was made to move this item to the end of the meeting, since there is such a long agenda. Motion was made by Mr. Savage, and seconded by Mr. Mazur. Motion carried unanimously (6 to 0). ITEM A. APPROVAL OF MINUTES The minutes from the November 16, 1993 meeting were approved with changes. Motion was made by Mr. Merriam, and seconded by Mr. Bickerstaffe. Motion carried unanimously (6 to 0). The minutes from the December 14, 1993 meeting were approved with changes. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: Continued from 12/14/93 - Request for Zoning Atlas amendment: A. Lot 16, Grove Circle Sub, (1706 Highland Ave.,N), Leo E. & Joyce A. Smith, Z 93-13 ZONE: From RS-8 (Single Family Residential) to RM-8 (Multi-Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Questions from the board members ensued regarding parking requirements, about the code changing since their conditional use in 1990, and getting variances through Development Code Adjustment Board. Mr. Shuford reminded the Board that if they grant this rezoning, Mr. Smith will have to come back before this board to get a conditional use. Applicant, Leo Smith, 1706 N. Highland, was present. He stated that he has owned the property since August 1991. Mr. Smith stated that he knows of no one in the neighborhood that objects to this request. He stated there are no further plans for expansion, they will only have the eight beds. Mr. Smith stated that no one on staff informed him that it was restricted to six beds. There were no persons present to speak in favor or in opposition to this request. Discussion ensued regarding going through code amendment changes instead, with direction to staff to porepare amendments necessary to allow Level I Group Care in the RS-8 zoning district under certain conditions. A motion was made by Ms. Martin, and seconded by Mr. Merriam to recommend denial of this request to the City Commission. Motion carried unanimously (6 to 0). B. M&B 22.04, Sec. 5-29-16, (24639 US 19 N), First Florida Bank, N.A./Barnett Bank of Tampa, (German Motor and Auto Care, Inc.), CU 93-41 This was an addition to the agenda requesting a six month extension. Applicant's representative, Barry Vogel, 2753 SR 580, was present. He stated that the reason for the request for an extension is because of financial problems. There were no persons present to speak in favor or in opposition to this request. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage, to grant the six month extension. Motion carried unanimously (6 to 0). C. CONDITIONAL USES: 1. Lot 1 less road and part of Lot 2 less road, Greenwood Manor, (1102 N. Greenwood Ave), Alfred S. & Annie Bridges (Ole Park Dinner Theatre), CU 94-01 Request - to permit on-premise consumption of beer, wine and liquor (new license) Zoned - CNG (North Greenwood Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Harry Cline, 400 Cleveland St., was present. He stated that the owner, Mr. Bridges, is trying to restore this historic site and bring back something good into the community. A folder giving information on Mr. Bridges background was handed out to the board members on his life-long services to the community. Mr. Cline stated that this use is consistent with the long time historic use to this site, also is consistent with the North Greenwood Commercial District Development plan, and lastly, consistent with a poll taken in the community which supported the proposal. Owner, Alfred Bridges, 1719 Scott St., was present. He stated he has family and a large staff of people in helping him with making this business successful. He is planning on having entertainers (probably two nights a week) and a family run restaurant. The following persons were present to speak in favor of this request: Cherry Harris, 1789 Harbor Drive, was present. She would like to see the restaurant come to the area, as it is badly needed. Jeffrey Cobbs, 509 Nicholson Street, was present. He spoke very highly of Mr. Bridges helping others and the community. He would like to see this restaurant in the North Greenwood area in order to help the community. Ray Moore, 2101 Suntree Dr., stated Mr. Bridges is highly knowledgeable in running a business, and helping people, and has known him for 18 years. Al Chisholm, 520 14th Ave. S., St. Petersburg, was present. He is an entertainer, and is looking forward to working there. He sees it as a very positive change for the area. Reginald Graswell, 1609 N. Myrtle, was present. He thinks this business will be an enhancement to the community. He is disturbed about the reporting by the Police department regarding this location when it was a rental establishment. There were no persons present to speak in opposition to this request. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage, to approve this request subject to the following conditions: 1) The applicant shall obtain the required occupational license within six months of this public hearing; 2) The applicant shall obtain a separation variance for alcoholic beverage sales from the City Commission; 3) Approval shall be for a one year trial period from the date the occupational license is issued to allow an evaluation of the proposed operation's compliance with law enforcement regulations; and 4) There shall be no outdoor entertainment or speakers. Motion carried unanimously (6 to 0). 2. Lots 80-83, Clearwater Beach Park, (450-A Mandalay Ave), Alex P. & Mary H. Gelep (DaFranco Restaurant & Pizzeria), CU 94-02 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. Mr. Shuford that staff condition #1 should be dropped, because of the other businesses in the area that are open until 2:00 a.m. Applicant, Vince Longo, 304 N. Missouri Ave., was present. He has owned the business since May 1993. Mr. Longo stated that customers like to have wine with their pasta dishes, and would enhance their menu for their customers. There were no persons present to speak in favor or in opposition to this request. A motion was made by Mr. Savage, and seconded by Mr. Mazur, to approve this request subject to the following conditions: 1) There shall be no entertainment on premises; 2) The sale of beer and/or wine shall be restricted to consumption on premises with no package sales; and 3) The applicant shall obtain the required occupational license within 30 days of this public hearing. Motion carried unanimously (6 to 0). 3. Lots 57-63 and part of Lot 64, Clearwater Beach Park, Mary G. Realty, Inc. (Waterfront Pizza Restaurant), CU 94-03 Request - to permit on-premise consumption of beer and wine (expansion) Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Nick Gionis, 691 Midway Island, was present. There were no persons present to speak in favor or in opposition to this request. A motion was made by Mr. Savage, and seconded by Mr. Bickerstaffe, to approve this request subject to the following conditions: 1) There shall be no other alcoholic beverage sales uses (both package and consumption on premise) within the retail center; 2) Approval shall be for on-premises consumption of alcoholic beverages only with no package sales; 3) The requisite occupational license shall be obtained within six months from the date of this public hearing; 4) The building shall be used in such a manner as to retain its status as a retail center; 5) The applicant shall obtain the requisite alcoholic beverage distance separation variances from the City Commission; 6) All signage on the property shall be brought into compliance with the City sign regulations within 30 days of this public hearing; 7) The closing time for the use shall be no later than 11:00 p.m. for exterior seating and 12:00 midnight for interior seating; and 8) There shall be no entertainment or outdoor speakers associated with the use. Motion carried unanimously (6 to 0). 4. M&B 11.03, Sec. 31-28-16, (26277 US Hwy 19,N), Eskandar & Fraydun Manocherian (Petsmart, Inc), CU 94-04 Request - to permit a veterinary office Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, George Jirotka, Esq., 601 Cleveland St., #800, was present. The time frame was his only concern with the staff's conditions. After discussion, Mr. Shuford suggested one year for the building permit, and 18 months for the occupational license. There were no persons present to speak in favor or in opposition to this request. A motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to approve this request subject to the following conditions: 1) The applicant shall obtain the requisite building permit within one year from the date of this public hearing; 2) The applicant shall obtain the requisite occupational license within 18 months from the date of this public hearing. Motion carried unanimously (6 to 0). 5. Lot 12, Blk 12, Court Square Sub, (640 Court St), Republic Bank (Kids Resource, Inc), CU 94-05 Request - to permit wholesale & distribution of childrens clothing Zoned - UC-C (Urban Center-Core) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Craig Burton, 2030 Berkeley Street, presented a memo authorizing him to speak for Stephen Hackley. The business has been operating for five years in Texas. It is a business dealing in kids clothes, from toddler to pre-teen, and shipping is done by UPS in the afternoon. Mr. Burton stated that freight companies will be instructed to go to the rear of the building for deliveries, so there will be no traffic problems on Court Street. He stated he understands the conditions proposed by staff. There were no persons present to speak in favor or in opposition to this request. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage, to apoprove this request subject to the following conditions: 1)The applicant shall obtain the required occupational license within six months of this public hearing; 2) The applicant shall obtain the requisite building permit for the proposed renovations within six months of this public hearing; 3) All deliveries shall be unloaded from the existing rear alley of the building storefront; and 4) Delivery vehicles shall be prohibited from stopping and or parking on Court Street from the purpose of delivering goods to the wholesaling/distributing storefront. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: Requests for Annexation, and Land Use Plan amendment: 1. Part of Lots 17 & 18, Orange Blossom Sub, (1654 Owen Drive), Nicholas & Crystal Alexiades, A 93-26; LUP 93-35 LUP: From Unclassified to Residential Low ZONE: RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant is not present. There are no persons present to speak in favor or in opposition to this request. Recommended the City Commission approve the request for Annexation, Land Use Plan Amendment from Unclassified to Residential Low, and Zoning of RS-8 (Motion made by Mr. Bickerstaffe, and seconded by Mr. Savage). Motion carried unanimously (6 to 0). 2. Lot 22, Blk A, Sunset Point Estates, (1914 Atlantis Drive), Donald A. Touchette, Sr. TRE, A 93-27; LUP 93-36 LUP: From Unclassified to Commercial General ZONE: CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Property owner, Donald Touchette, Sr., 10387 127th Way, Largo, was present. He stated it is for an expansion of 55 feet onto the building, which is going to be used for bread storage. He stated that he would be improving the landscaping around the building. There were no persons present to speak in favor of this request. The following person was present to speak in opposition to this request: John Garakop, 1918 Atlantis Drive, was present. He stated he lives directly behind this building, adjacent to the north. He stated that there are not supposed to be trucks after 6 p.m. on Sunset Point Road, according to the City of Clearwater. There are trucks, however, which causes alot of noise. He also objects to the propane tank being moved closer to his house. He stated there are usually two trucks a night from 6:00 p.m. until 3:00 a.m., and this is not including the bread trucks. Mr. Shuford stated that because of the expansion, they would have to come in to get a conditional use. It was explained to Mr. Garakop that this would be the way restrictions could be placed on the problems like the trucks delivering to the business. Mr. Touchette spoke in rebuttal. He stated he will work with the drivers of the delivery trucks to be quieter and wants to improve the landscaping. He stated he has had many bread stores in the area, and has never had any problems. Questions from the board to Mr. Touchette ensued. Recommended the City Commission approve the request for Annexation, Land Use Plan Amendment from Unclassified to Commercial General, and Zoning of General Commercial (Motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur). Motion carried unanimously (6 to 0). Requests for Land Use Plan and Zoning Atlas amendment: 3. Parcel A, Turtle Brooke Sub, (3190 McMullen Booth Road), Clarence S. & Florence F. Wright, Z 93-52; LUP 93-38 LUP: From Residential Suburban to Institutional ZONE: From RS-6 (Single Family Residential) to P/SP (Public/Semi-Public) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Bruce Barnes, 911 Chestnut St., was present. He stated that North Bay Community Church have purchased the property, and is not owned by Mr. & Mrs. Wright. Mr. Barnes discussed McMullen Booth Road road widening and the curb cuts, and how it affects their patrons. There were no persons present to speak in favor or in opposition to this request. Recommended the City Commission approve the request for Land Use Plan amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public (motion was made by Ms. Martin, and seconded by Mr. Mazur). Motion carried unanimously (6 to 0). 4. Lot 12 less road on west, Blk B, New Country Club Add, (701 North Missouri Avenue), City of Clearwater, Z 93-53; LUP 93-39 LUP: From Recreation to Institutional ZONE: From OS/R (Open Space/Recreation) to P/SP (Public/Semi-Public) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There are no persons present to speak in favor or in opposition to this request. Recommended the City Commission approve the request for Land Use Plan amendmednt to Institutional, and Zoning Atlas Amendment to Public/Semi-Public (motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe). Motion carried unanimously (6 to 0). Consider applications for the following Code Text Amendments: 5. ORDINANCE NO. 5513-93 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORDINANCES, TO DEFINE "CHURCH" AND "SCHOOL;" AMENDING SECTIONS 41.081 AND 41.091, CODE OF ORDINANCES, TO REVISE THE INFORMATION REQUIRED TO BE PROVIDED BY APPLICANTS FOR CONDITIONAL USE APPROVAL FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS; PROHIBITING ALCOHOLIC BEVERAGE ESTABLISHMENTS WITHIN 500 FEET OF A CHURCH OR A SCHOOL; PROVIDING THAT NO VARIANCES FROM SUCH MINIMUM DISTANCE REQUIREMENTS SHALL BE PERMITTED; PROVIDING AN EFFECTIVE DATE. 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 existing uses won't be affected, this only has to do with "new" uses. Discussion regarding why the North Greenwood Commercial District would/should be exempt, also how the distance is measured, from property line to property line, ensued. There were no persons present to speak in favor or in opposition to this item. Discussion between Mr. Shuford and the board members ensued regarding floor use area (50%), "majority" vote to grant this, and the measuring of the 500 foot distance. The board members made suggestions for changes relating to the 500 foot measurement, and for a variance exception. Recommendation to deny adoption of this ordinance to the City Commission. Motion made by Mr. Savage, and seconded by Mr. Bickerstaffe. Motion carried unanimously (6 to 0). 6. ORDINANCE NO. 5521-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 44.51, CODE OF ORDINANCES, TO PROVIDE FOR INCREASED AREA FOR ATTACHED SIGNS IN RESIDENTIAL AREAS; PROVIDING AN EFFECTIVE DATE. 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. Recommend endorsement to the City Commission of this ordinance. Motion made by Mr. Mazur, and seconded by Mr. Savage. Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS Discussion of Rules was postponed to a later meeting. In the election of Officers, Mr. Mazur nominated John Carassas as chairman. Ms. Martin was selected Vice Chairperson. Motion was seconded by Mr. Bickerstaffe. Motion carried unanimously (6 to 0). F. DIRECTOR'S ITEMS Discussion of Central Permitting Department reorganization was postponed to a later meeting. Mr. Shuford handed out a flow-chart for their information and discussed the new phone number. The board members would like a tour so they can do the walk-through process that citizens go through. G. BOARD AND STAFF COMMENTS Adjourn: 5:10 p.m. _________________________________________________ Scott Shuford, Director of Central Permitting