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02/01/1994 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, FEBRUARY 1, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Carassas, Messrs. Bickerstaffe (2:15), Mazur, Savage, Keyes, Ms. Martin Members Excused: Merriam Also present: Scott Shuford, Planning Manager 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. ITEM A. APPROVAL OF MINUTES January 4, 1994 minutes were approved with corrections. Motion was made by Mr. Mazur, and seconded by Mr Savage. Motion carried unanimously (5 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None. C. CONDITIONAL USES: 1. Goral Tov, Ltd (Musicana Dinner Theatre) to permit on-premise consumption of beer, wine and liquor (new license) at 1560-G McMullen Booth Rd, South Oaks Fashion Square, Lot 1, zoned IPD (Industrial Planned Development). CU 94-06 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant was not present. Motion was made by Ms. Martin, and seconded by Mr. Mazur, to move this item to the end of the C items to allow more time for the applicant to show. Motion was carried unanimously (5 to 0). There were no persons present to speak in favor or in opposition to this request. The Chairman came back to this item at the end of the conditional uses, and since there was still no persons present, the board decided to continue this item to the February 15, 1994 meeting. Motion was made by Mr. Savage, and seconded by Mr. Bickerstaffe, to continue this item to the February 15th meeting. Motion carried unanimously (6 to 0). 2. RHA/Florida Properties, Inc (Glen Oaks Nursing Home) to permit a nursing home; ten bed expansion at 1100 Pine St, Mary Land, Blk B3, Lots 1-12 and ½ vacated street on east, zoned OL (Limited Office), RM 28 (Multiple-Family Residential) rezoning and land use plan amendment pending. CU 94-07 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Mazur declared conflict and will not be participating in the discussion or vote. Mr. Shuford handed out new site plans for board members to review. Mr. Shuford suggested adding another condition which would read, applicant must obtain an amendment to the zoning atlas and land use plan prior to issuance of any building permit. Applicant, Dennis O'Keefe, 19321 US 19 N., Suite 502, was present. They will be converting the wards into private or semi-private rooms, which makes it nicer and easier to care for the elderly. He feels that it is a plus in getting all the parking off the street and onto the property site. Mr. O'Keefe stated he had no problems with the conditions as stated by staff. There were no persons present to speak in favor or in opposition to this request. Motion was made by Mr. Savage, and seconded by Mr. Keyes, for approval subject to the following conditions: 1) The applicant shall obtain variance approval from the Development Code Adjustment Board; 2) The applicant shall obtain the requisite building permit within six months of this public hearing; 3) The applicant shall obtain an occupational license within six months of this public hearing; 4) The applicant shall obtain a certified site plan prior to issuance of a building permit; and 5) The applicant shall obtain an amendment to the zoning atlas and land use plan classification for this property prior to the issuance of any building permit associated with the structural improvements. Motion carried 5 to 0, with one abstention (Mr. Mazur). 3. Art R. Kent (Art's Auto Repair) to permit vehicle service; expansion of major repair facility, including engine and/or transmission dismantling, and exhaust systems at 2171 Drew St, Drew Street Industrial Park, Lot 1, zoned CG (General Commercial). CU 94-08 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Staff received a letter of support from Dale R. Woodruff, "Woody the Printer". There were no persons present to speak in favor or in opposition to this request. Applicant, Art Kent, 2171 Drew St., was present. He stated he needs this expansion, the building has been run down, and if he doesn't obtain this expansion, he will have to move his business. He stated he has been there 10 years. 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 requisite building permit within six months of this public hearing; and 2) The applicant shall obtain the requisite occupational license within six months of this public hearing. Motion carried unanimously (6 to 0). 4. HRE Properties (Sukhothai Restaurant) to permit on-premise consumption of beer and wine (new license) at 2569 Countryside Blvd, Suite #3, Countryside Village Square, Lot 5, and Lots 7 and 8 less street, zoned CC (Commercial Center). CU 94-09 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Niyom Nitayangkul, 15507 N. Himes Ave., Tampa 33618, was present. He stated he would like the license (beer and wine) to compliment the food on the menu for their customers. 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. Bickerstaffe, to approve this request subject to the following conditions: 1) The applicant shall obtain the necessary alcoholic beverage separation variances from the City Commission; 2) The sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) The applicant shall obtain the necessary occupational license within six months of the date of this public hearing; 4) The applicant shall obtain the requisite building permit within six months of the date of this public hearing; and 5) There shall be no outdoor speakers. Motion carried unanimously (6 to 0). 5. Atrium at Clearwater Ltd (The First National Bar) to permit on-premise consumption of beer, wine and liquor (expansion and business ownership change) at 601 Cleveland St, Gould & Ewings 2nd Add, Blk 13, Lots 1-4, and vacated alley and unsubdivided land to east, zoned UC-C (Urban Center-Core). CU 94-10 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. Mr. Cline stated that the owner wants to expand area, construct a kitchen and operate a combined bar and restaurant facility. He stated they understand the conditions proposed by staff. Ernie Shellar, owner, 1581 Gulf Blvd., Apt. 405, St. Petersburg, was present. He has run a business up until three years ago and had 200 employees. He is going to be the manager at this location. He was also a beer and wine distributor in Germany and built and designed restaurants. He stated he has never had any problems in the past operating his businesses. There was no one present to speak in opposition to this request. The following person was present to speak in favor: Tom Brown, 615 Cleveland St., his only concern was regarding the seating area, and how close it was going to be to him. Motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage, to approve this request subject to the following conditions: 1) The applicant shall receive approval of an alcoholic beverage minimum distance separation variance; 2) The applicant shall obtain the requisite building permit within one year from the date of this public hearing; 3) The applicant shall obtain an occupational license within one year from the date of this public hearing; 4) Alcoholic beverage sales shall be restricted to consumption on premises with no package sales; 5) Proposed entertainment shall be located indoors; 6) Outdoor seating shall be limited to the requested capacity of 25 seats; and 7) Applicant must pass police background check prior to the issuance of any building permit or occupational license. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. 407 Dora Drive, Rolling Heights, Lot 16 (William D. Callaghan, III & Helene C. Callaghan) A 93-28; LUP 93-40 LUP: Residential Low ZONE: RS-6 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant was not present. There were no persons present to speak in favor or in opposition of this request. Motion was made by Mr. Mazur, and seconded by Mr. Savage to recommend endorsement to the City Commission as to the Land Use Plan amendment to Residential Low, and Zoning as RS-6. Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS: Mr. Shuford suggested to continue the discussion of revising the Rules and Regulations to the February 15th meeting. F. DIRECTOR'S ITEMS Mr. Shuford stated that Empress Cruise Lines will be coming back before the Planning and Zoning Board next meeting for modification to parking. In response to a question, Mr. Shuford stated that no conditions were proposed for Art's Auto to restrict outdoor storage due to the certified site plan not indicating any outdoor storage areas. The site plan gives added enforcement "teeth" to City codes against outdoor storage. G. BOARD AND STAFF COMMENTS Adjourn: 2:50 p.m. ________________________________________________________ Scott Shuford, Director of Central Permitting