09/13/1994
MINUTES
PLANNING AND ZONING BOARD
September 13, 1994 - 2:00 P.M.
Commission Chambers, 112 South Osceola Avenue, Clearwater FL
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present:
Chairman Carassas
Mses. Martin
Nixon
Messrs. Bickerstaffe
Keyes
Mazur
Merriam
Also present: Scott Shuford, Planning Director
Sally Demarest, Board Reporter Vickie Davenport, Notary Public
Chairman 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
Minutes of the August 2, 1994 and August 16, 1994 meetings were approved with corrections. August 30, 1994 minutes were approved as written.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. Dennis R. DeLoach, Jr. to permit vehicle service at 1393-1395 S. Missouri Ave, Missouri Heights, Lot 17 & Sall's 2nd Add., Blk A, Lot 10-12, zoned CG (General Commercial District).
CU 94-69
The application was withdrawn at the request of the applicant.
2. (cont. from 7/19/94 and 8/16/94) Leonard A. McCue (Overby's Inc/Classy Chassis) to permit outdoor retail sales, displays and storage; vehicle sales at 18540 & 18562 US Hwy 19, N,
Sec. 19-29-16, M&B 44.02 & 44.03, zoned CH (Highway Commercial). CU 94-45
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations.
Staff has recommended denial because surrounding property owners have indicated concerns with present conditions. In addition, the site plan required to be filed with the application
has not been received.
Applicant Leonard A. McCue, 524 9th Street West, Bradenton, Florida, owner of the property, said that he had submitted a site plan but it was not drawn to scale. He said an engineering
company indicated a lengthy permit process, and complete set of engineering drawings were needed, at a total cost about $100,000 which was cost prohibitive for him. Also, a cross access
agreement would cause him to lose his signage. Concluding a lengthy oration relative to parking, sign, paving and age of building, he asked for direction from the board.
The Chairman indicated the city, not the board, provides direction to applicants and staff verified that applicant has received staff reports and all pertinent notification. The applicant
must comply with city code requirements. Mr. McCue was invited to file a cross parking and access agreement at the Central Permitting Department. There is a question as to how the
property is accessed on the west side. The application is incomplete without the required information. In view of the applicant's non-observance of city requirements, staff recommended
denial.
The applicant was again advised that a scale drawing was required which indicates adequate access in order that the application and staff recommendation be clearly understood by the
board.
Mr. Frank Kunnen, 22067 U.S. 19 North, Clearwater, indicated that he has spoken in opposition to this request on three separate occasions. His concerns are continuous code violations,
and the sale of cars on the south property.
A motion for denial was made by Mr. Bickerstaff and seconded by Ms. Nixon. Ms. Martin, Mr. Bickerstaffe, Mr. Keyes and Mr. Merriam voted "aye"; Mr. Carassas and Mr. Mazur voted "nay".
The motion carried, with the provision that the applicant may first clean up his present violations and then reapply in six months.
C. CONDITIONAL USES:
1. D. Guy McMullen, Trustee (Bayside Auto Appearance) to permit vehicle service at 2870 Gulf-to-Bay Blvd, Sec 17-29-16, M&B 13.33, zoned CG (General Commercial). CU 94-73
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. The applicant is requesting a conditional use approval to permit vehicle service at
2870 Gulf-to-Bay Boulevard. Service will primarily be auto window tinting and detailing. No mechanical work, oil change or painting will be done. The applicant has been at this location
for two years. Recently it was discovered by the Community Response Team that the applicant is operating this business without an occupational license. A concern was voiced about trash
disposal and litter.
Mr. Michael Dezois, 688 Shore Drive, Largo, speaking for the applicant, said that the automobiles appear to be garbage, but are cars in the process of restoration. He was advised that
he needed a separate conditional use approval for outdoor storage of vehicles. After discussion, Mr. Dezois agreed there would be no outdoor storage of vehiches on the premises within
sixty days. He was told to work with the sanitation department to accomplish relocation of the dumpster.
Mr. Merriam moved, Mr. Keyes seconded a motion to approve subject to the following conditions: 1) The requisite occupational license shall be obtained within 30 days of the date of
this public hearing; 2) the applicant shall meet all supplementary conditions for vehicle service uses as provided in Section 41.053 (30) of the City Land Development Code; 3) there
shall be no outdoor service or storage, and no inoperable vehicle shall be stored on the site for any longer than 24 hours within 60 days; 4) there shall be no major repairs involving
transmission dismantling, painting, muffler, fender or body work; 5) the applicant shall provide an appropriate dumpster to adequately handle the disposal of trash. The dumpster shall
be located according to the Sanitation Division standards within 45 days from the date of this public hearing; 6) the site shall meet all Sanitation Division requirements, and the trash
littered on the east side of the property shall be removed within 45 days of the date of this public hearing and the applicant shall maintain the property in a litter-free condition;
and 7) the parking area shall be re-striped and a place provided for handicap parking within 30 days from the date of this public hearing. The motion passed unanimously.
2. Charles & Ypapanti Alexiou (Frenchy's Rockaway Grill, Inc) to permit on premises consumption of beer, wine, and liquor (expansion) at 7 Rockaway St, Miller's Replat, Lot 2 & 3, including
vacated Beach Dr on West, zoned CR 28 (Resort Commercial 28). CU 94-75
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations.
The applicant proposed to expand the existing wood deck on the beach side of the restaurant from 972 sq. ft. to 1,622 sq. ft. to better serve his clientele.
Attorney Jim Dowling, 1151 Tampa Road, Suite C, Palm Harbor, speaking for the applicant, explained the logistics of the proposed deck addition. He explained that music will be restricted
to the north end of the deck.
There were no persons or documents presented in support or opposition to this application, nor were there any police reports indicating complaints about noise.
Motion by Mr. Bickerstaffe, seconded by Mr. Mazur to approve this item subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within twelve
months from the date of this public hearing; 2) the applicant shall obtain the necessary building permit within nine months from the date of this public hearing; 3) outdoor entertainment
and outdoor speakers shall be restricted to the north thirty feet of the deck; 4) the applicant shall obtain the requisite alcoholic beverage separation distance variance from the City
Commission; 5) the applicant shall obtain a parking variance from the Development Code Adjustment Board or otherwise meet the parking requirement; and 6) a solid wall shall be erected
on the south side of the deck and interconnected with the southern main building wall to buffer the adjoining property to the south; this wall shall be a minimum of six feet above the
floor of the deck. The motion carried unanimously.
3. Bruce Mesagno (D & C Uphostering) to permit a vehicle upholstering service at 1407-1419 N Betty Ln, Pine Ridge Sub, Blk D, Lots 10, 11, and West 29 ft of 12, zoned CG (General Commercial).
CU 94-76
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations.
Speaking for the applicant, Mr. Bruce Mesagno, 10514 100th Street North, Seminole, owner of the property, indicated applicant has a county license but was unaware of the requirement
for a city license.
Mr. Denis C. Robert, 4511 S. McElroy, Apartment #3, Tampa, described his automobile reupholstery business.
Question was raised whether the recent striping of parking area was according to code.
Motion by Mr. Bickerstaffe, seconded by Mr. Keyes to approve the item subject to the following conditions: 1) The requisite occupational license shall be obtained within thirty days
of the date of this public hearing; 2) The applicant shall meet all supplementary conditions for vehicle service uses as provided in Section 41.053 (30) of the City Land Development
Code; 3) There shall be no outdoor service or storage of vehicles under repair; 4) No inoperable vehicle shall be stored at the site for any longer than 24 hours; 5) There shall be no
major repairs involving transmission, painting, muffler, fender, and body work; and 6) The parking area shall be re-striped according to
code within 30 days from the date of this public hearing. Motion carried unanimously.
4. Goral Tov, Ltd. (La Dolce Vita Cocktails and Dreams) to permit on premises consumption of beer, wine, and liquor (new license) at 1500 McMullen Booth Rd, Fashion Oaks Square, Lot
1, zoned IPD (Industrial Planned Development). CU 94-77
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations.
The applicant, Ms. Elvira Manna, 6516 Mauna Loa Boulevard, Sarasota, described the proposed business as an Italian restaurant with bar.
There were no persons or documents in support or opposition to this application.
Motion by Ms. Nixon, seconded by Mr. Mazur to approve this item subject to the following condition: 1) The applicant shall obtain the requisite occupational license within thirty days
from the date of this public hearing.
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. 1700 El Trinidad Dr., Virginia Grove Terrace, Lot 1, Blk 2, (Mumford Investments Ltd). A 94-19; LUP 94-22
LUP: Residential Low
ZONE: PRD-E (Residential Planned Development)
Based on staff review and analysis of the information contained in the application, the Central Permitting staff recommended endorsement to the City Commission of the proposed Annexation,
Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Residential Planned Development-E (RPD-E), as they appear to be supported by the Standards for Approval of Land
Development Code Section 37.21, Article III of Chapter 40, and Section 36.066. Motion by Ms. Nixon, seconded by Mr. Keyes and unanimously approved (7-0) to recommend endorsement of
this item to the City Commission.
2. 375 Hampton Rd., Sec 17-29-16, M&B 13.06, (City of Clearwater). A 94-18; LUP 94-21
LUP: Residential Urban
ZONE: RS-8 (Single Family Residential)
Based on staff review and analysis of the information contained in the application, the Central Permitting staff recommended endorsement to the City Commission of the proposed Annexation,
Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single-Family Residential "Eight" as they appear to be supported by the Standards for Approval of Land Development
Code Section 37.21, Article III of Chapter 40, and Section 36.066. Motion by Mr. Bickerstaffe, seconded by Mr. Mazur and unanimously approved (7-0) to recommend endorsement of this
item to the City Commission.
3. (cont. from 8/16 and 8/30) Ord. No. 5668-94 of the City of Clearwater, Florida, relating to the Land Development Code, amending various sections within
Chapters 35, 36.4-9, 41, and 42, Code of Ordinances, to revise the alcoholic beverages sales regulations, establish new definitions, create a new appeals process, establish a new "nightclubs,
taverns, and bars" use, and establish conditional use standards; providing an effective date.
Mr. Shuford indicated that, due to time constraints of staff, the simplification of this ordinance as requested at the last board meeting was incomplete.
It was pointed out that a substantial change must have the consensus of the board, and it was suggested that the chairman poll each member. Permitted/conditional use table was explained
by Mr. Shuford and discussed. Replying to a question, Mr. Shuford gave assurance that applicants receive ample information to understand application process.
Motion by Ms. Nixon, seconded by Mr. Keyes and unanimously approved (7-0) to continue this item to the October 4, 1994, meeting.
E. CHAIRMAN'S ITEMS
The Chairman encouraged members to voice opinions relative to any ordinance before the board. In the ensuing discussion, it was suggested that a member with a certain view can ask to
have it noted for the record. A member in favor of an ordinance may vote to approve the ordinance, but call for a separate vote on a particular aspect of the ordinance which he/she
opposes.
F. DIRECTOR'S ITEMS
1. 1993 Annual Report
The Annual Report to City Commission was discussed. The second code amendment, deletion of requirements for a dock, will be deleted because it was approved by City Commission, and a
minor correction relative to travel will be made. The Annual Report will be returned to the Chairman for initialling at the October 4, 1994 meeting.
2. Board position on Appeals process
A pro/con sheet was submitted by Mr. Shuford to clarify appeal processes for conditional use permit and discussed. It was suggested that the alcoholic beverage issue be taken out and
the appeal process discussed in general.
It was questioned whether it was appropriate for a non-resident hearing officer to decide community issues without benefit of knowledge of the community. The ecological concerns of
Morton Plant Life Services application (CU 94-52) was offered as a case in point.
Following discussion, polling by the Chairman indicated the opinion of the board as follows:
a) Appeal alcoholic beverage license to a Hearing Officer:
In favor: Nixon
Bickerstaffe
Mazur
Keyes
b) Appeal alcoholic beverage license to City Commission:
In favor: Carassas
Martin
Merriam
c) All other appeals referred to Hearing Officer:
In favor: Nixon
Mazur
Carassas
Merriam
Keyes
d) All other appeals referred to City Commission:
In favor: Martin
Bickerstaffe
G. BOARD AND STAFF COMMENTS
Standards for the sale of alcoholic beverage package goods was discussed. It was mentioned permits have been issued in accordance with prior decisions which indicated that package sales
were acceptable if there were no customer accessable display area. Discussion ensued regarding two sales conditions: 1) consumption on premises and 2) package sales. It was agreed
that package sales will be considered if specifically requested by the applicant on a case-by-case basis.
It was agreed that the board will invite the newly-retained City Attorney, Ms. Pamela Akin, to a special meeting to consider special issues and interpretation of the code.
Mr. Shuford introduced Sally Demarest and explained that she is working through the City Clerk's office and will be responsible for the taking of minutes for the board.
Adjourn: By motion, duly seconded, the meeting adjourned at 4:26 p.m.
_____________________________________
Scott Shuford, Planning Director