12/13/1994 MINUTES
PLANNING AND ZONING BOARD
December 13, 1994 - 2:00 P.M.
Commission Chambers, 112 South Osceola Avenue, Clearwater FL
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: John Carassas, Chair
Robert D. Bickerstaffe
Jay Keyes
Edward Mazur
Kemper Merriam
Brenda Nixon
Members Absent: Lois Martin, Vice Chair
Also Present: Scott Shuford, Director, Central Permitting
Sally Demarest, Board Reporter
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.
The minutes of the November 15, 1994 meeting were approved with corrections. In the interest of conservation, it was suggested that in the future minutes be printed two-sided.
The following requests for extension, deferred and continued items were considered:
1. (cont. from 10/18/94 & 11/1/94) Amza D. & Neim B. Abdullaj (Dervish Bros. Gallery Restaurant & Lounge) to permit on premises consumption of beer, wine, and liquor (expansion) at 1370
Gulf Blvd., Sec 19-29-15, M&B 14.04 & 14.05, zoned CG (General Commercial) & OS/R (Recreation/Open Space). CU 94-84
Mr. Shuford gave the background of the case and presented, in writing, the staff recommenda tions, indicating the applicant has requested a continuance to address the parking issue and
other issues in the staff report.
Representing the applicant, Attorney Harry Cline, 400 Cleveland Street, Clearwater, said the continuance is requested for a date uncertain in February because he had received staff's
recommendation for denial too late to prepare an appropriate response. In the event a continuance is not granted, he asked that the application be withdrawn without prejudice.
It was noted the request was initiated in October although the applicant did not have the benefit of legal counsel at that time. Mr. Shuford felt there were no new issues and the primary
concern was noise activity from the deck. The number of parking spaces was questioned.
There were no persons or documents in support of the application.
Speaking in opposition, Clearwater Attorney Ed Armstrong, 911 Chestnut Street, Clearwater, spoke in behalf of the Sand Key Club Condominium. He said he was asking for fundamental fairness
from the Board. He asked those present who opposed the application to stand; approximately 40 persons stood. He said he also received his staff report late, but agreed the issues were
not new. He said the City Attorney informed him that the Board may allow a withdrawal, which would permit the applicant to immediately refile.
Rebutting, Mr. Cline responded to the fairness issue, indicating Mr. Armstrong was advised well in advance of a request for continuance, and there is no noise or activity problem at
the location at the present time. He said he was unaware of an opinion from the City Attorney.
In the ensuing discussion it was noted the applicant's delay seeking legal assistance was the cause for past continuances.
Mr. Bickerstaffe made a motion to continue the item to a date uncertain in February, 1995. The motion was duly seconded and upon the vote being taken, Chairman Carassas, Ms. Nixon,
Mr. Bickerstaffe, Mr. Mazur and Mr. Keyes "aye"; Mr. Merriam voted "nay". Motion carried. February 14, 1995 was later agreed upon as the date of continuance and it was suggested that
both sides work together with staff.
The following requests for conditional uses were considered:
1. Mitchell I. Singer & Russell Remick/The Tap Room, Inc. to permit on-premise consumption of beer, wine, and liquor (change of business ownership) at 2284 Gulf-to-Bay Blvd, Sec 18-29-16,
M&B 23.18, zoned CG (General Commercial). CU 94-93
Mr. Shuford gave the background of the case and presented, in writing, the staff recommenda tions, indicating the property was formerly occupied by Melons which operated with a
4-COP-SRX alcoholic beverage license until October 31, 1994 when ownership changed. He described the premise and indicated staff's recommendation for approval.
The applicant/owner, Mr. Bob Arnold, 2240 Gulf to Bay, Clearwater, said the new parking lot and fence have been completed and only shrubbery is needed at the north end of the parking
lot. He, his wife and a manager will run the operation and he relayed the hours of operation.
There were no persons or documents presented in support of or opposition to the application.
Mr. Keyes made a motion to grant the application subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this
public hearing; 2) there shall be no outdoor entertainment or speakers; 3) the parking lot shall be re-striped with two handicap parking spaces within 30 days from the date of this public
hearing; 4) perimeter landscaping shall be provided along the north property line and the applicants shall replace all the broken wood fences on the west property line to adequately
buffer the adjoining residential property within 30 days from the date of this public hearing. The motion was duly seconded and carried unanimously.
2. Luigi Piotti/Julia's Bistro, Inc. to permit on-premise consumption of beer and wine (new license) at 45 N. Ft Harrison Ave, Gould & Ewing's 1st Addition, Blk 2, part of Lot 1, zoned
UC(C) (Urban Center (Core). CU 94-94
Mr. Shuford noted this item had been inadvertently omitted from the original agenda packet. The Chairman suggested the item be postponed to later in the meeting so copies of the application
could be obtained during recess. Following the 3:33 p.m. recess, Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations, indicating the request
is for a new 2-COP alcoholic beverage license for Julia's Bistro, formerly Ottavias Restaurant. He stated the location of the dumpster was the only concern.
The applicant/owner, Luigi Piotti, 45 North Fort Harrison Avenue, Clearwater, briefly described his business and indicated no problem with the required dumpster location.
Mr. Bickerstaffe made a motion to grant the application subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date
of this public hearing; 2) the sale of beer and wine shall be limited to consumption on premise only with no package sale; and 3) the dumpster shall be screened from the public view
within 14 days from the date of this public meeting. The motion was duly seconded and carried unanimously.
3. Charles D. Snead to permit vehicle servicing at 2070 Range Rd, Sec 12-29-15, Pinellas Groves, NE 1/4, part of Lots 11 & 12, zoned IL (Limited Indus trial). CU 94-95
Mr. Shuford gave the background of the case and presented, in writing, the staff recommen-dations, indicating this was a vehicle service use involving three bays. Staff feels the request
is compatible with the surrounding area if vehicle work is done inside.
The applicant, Mr. Mark Lagos, 2084 Range Road, Clearwater, President of Pinellas Auto Body & Service, Inc. said he has been in business in Clearwater for 15 years and needs to expand.
He asked for a three-month extention of time for parking area paving because considerable cleanup was needed in that area; staff agreed.
There were no persons or documents presented in support of or opposition to the application.
Mr. Bickerstaffe moved to grant the application subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this
public hearing; 2) vehicle services shall be limited to the three service bays and there shall be no outdoor servicing of vehicles; 3) 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 six months of the date of this public hearing; 4) the
site shall meet all Sanitation Division requirements at all times, and be maintained in a litter-free condition; 5) all parts, used tires and other materials used in the conduct of the
business shall be stored indoors in a building or other enclosed structure; 6) the applicant shall meet all supplemental conditions for vehicle service uses provided in Section 41.053
(30) of the City Land Development Code; and 7) the parking area shall be paved and striped in accordance with parking standards, and a place provided for handicap parking within six
months from the date of this public hearing. The motion was duly seconded and carried unanimously.
4. Dominick & Karin Lentricchia (Suncoast Automotive Inc) to permit vehicle servicing at 1200 N. Myrtle Ave, First Addition to Palm Bluff Sub, part of Lot 17, Enghurst Addition to Clearwater,
Lots 33-36, zoned CI (Infill Commercial). CU 94-96
Mr. Shuford gave the background of the case and presented, in writing, the staff recommenda tions, indicating the application involves an existing building designed for vehicle service,
with bays on the north side of the proeprty. Staff suggested buffering on the west side to protect the adjoining residential uses, although the properties are commercially zoned.
The applicant, Dominick Lentricchia, 1563 Santa Barbara Drive, Dunedin, described his business. He took exception to a suggested condition for a six foot wood fence, saying the area
has been cleaned and already has a six foot chain link fence to which slats could be added. He said the area is commercial, with a cement business next door. Outdoor lighting and its
effect on adjoining residential areas was mentioned.
Speaking in support of the applicant, Tom Sehlhorst , 611 Palm Bluff Street, Dunedin, in business in the area for 17 years, said this is the first new business to come into the area
in about seven years. He objected to references to the area as residential, saying it is a high crime area with slum lords and drug dealers, and thieves and vandals can hide behind
fences and barricades. He objected a suggested condition disallowing muffler and transmission work and strongly suggested that everything possible be done to approve the application.
There were no additional persons or documents presented in support of the application. One call from an adjacent property owner had been received in opposition.
Concluding, the applicant asked that he be allowed to do muffler and transmission work.
In the ensuing discussion, Mr. Shuford said this is a transition area from residential to commercial, and staff would have no objection to the suggested changes. It was agreed that
slats in the existing chain link fence would hide perpetrators of crime and new business should be encouraged in an attempt to revitalize the area.
Mr. Bickerstaffe made a motion to grant the application 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 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; 4) there shall be no painting or body work; 5) the site shall meet all Sanitation Division requirements at all times, and be maintained in a litter-free
condition; 6) all parts, used tires and other materials used in the conduct of the business shall be stored indoors; 7) no vehicle service shall occur between the hours of 6 p.m. and
7:00 a.m. Mondays through Saturdays and all day on Sundays; and 8) all site lighting shall be directed away from adjoining residential properties. The motion was duly seconded and carried
unanimously.
5. Tia's Inc./PNC Realty Holding Corp. (Tia's Tex-Mex) to permit on-premise consumption of beer, wine, and liquor (new license) at 2680 Gulf-to-Bay Blvd, Sec 17-29-16, M&B 23.10, zoned
CG (General Commercial). CU 94-97
Mr. Shuford indicated applications C-5, C-6 amd C-7 are for three separate conditional use permits for three separate restaurants, all involving new 4-COP-SRX state alcoholic beverage
licenses. He said two locations, Tias and Mozzarella's, involve outdoor seating and are located across from Clearwater Mall in the Park Place development, a regional impact area which
is very compatible for restaurants.
The Chairman asked the applicant to make one presentation for items C5, C6 and C7.
Speaking for the applicant, Sue Murphy, Director of Planning, Rudnick & Wolfe, 101 East Kennedy Boulevard, Tampa, said her presentation for all three items would be identical. She distributed
photographs of the site and surrounding area. Responding to her question, Mr. Shuford relayed the process by which the applicant could request an extension of time if necessary. She
asked that the record note hours of operation for all three establishments, i.e., 11:00 a.m. to midnight, Monday through Thursday; 11:00 a.m. to 1:00 a.m. Friday and Saturday; and 11:00
a.m.to 10:00 p.m. on Sunday.
In the ensuing discussion it was noted there was adequate parking on site. The need for a tree survey was questioned and Mr. Shuford said staff has been working with the applicant to
minimize the impact of tree removal as much as possible and noted the site plan submitted with the application lacked this information.
There were no persons or documents presented in support of or opposition to the applications.
Mr. Keyes made a motion to grant the application for item C5 subject to the following conditions: 1) The requisite occupational license shall be obtained within 12 months from the date
of issuance of the building permit; 2) the applicant shall obtain the necessary building permit pursuant to the certified site plan within one year from the date of this public hearing;
and 3) the approval is contingent upon use of certified site plan as approved by the City instead of the plan provided as part of the application. The motion was duly seconded and carried
unanimously.
6. Morrison Restaurants, Inc./PNC Realty Holding Corp. (Ruby Tuesday) to permit on-premise consumption of beer, wine, and liquor (new license) at 2710 Gulf-to-Bay Blvd, Sec 17-29-16,
M&B 24.05, zoned CG (General Commer cial). CU 94-98
Mr. Keyes made a motion to grant the application for item C6 subject to the following conditions: 1) The requisite occupational license shall be obtained within 12 months from the date
of issuance of the building permit; 2) the applicant shall obtain the necessary building permit pursuant to the certified site plan within one year from the date of this public hearing;
and 3) the approval is contingent upon use of certified site plan as approved by the City instead of the plan provided as part of the application. The motion was duly seconded and carried
unanimously.
7. Morrison Restaurants, Inc./PNC Realty Holding Corp. (Mozzarella's Cafe) to permit on-premise consumption of beer, wine, and liquor (new license) at 2730 Gulf-to-Bay Blvd, Sec 17-29-16,
M&B 24.05, zoned CG (General Commercial). CU 94-99
Mr. Keyes made a motion to grant the application for item C7 subject to the following conditions: 1) The requisite occupational license shall be obtained within 12 months from the date
of issuance of the building permit; 2) the applicant shall obtain the necessary building permit pursuant to the certified site plan within one year from the date of this public hearing;
and 3) the approval is contingent upon use of certified site plan as approved by the City instead of the plan provided as part of the application. The motion was duly seconded and carried
unanimously.
8. Helga Glaesel-Hollenback & Hans Bertram-Nothnagel, Trustees/Frank Sam Zappia, Jr. & James W Newman/ Step Brothers Restaurant (Zapp's) to permit on-premise consumption of beer, wine,
and liquor (new license) at 138 Island Way, Sec 08-29-15, M&B 13.01, Loveland Sub, Lots 18-22, zoned CG (General Commercial). CU 94-100
Mr. Shuford gave the background of the case and presented, in writing, the staff recommenda tions, indicating this is a new 4-COP-SRX alcoholic beverage license for Zapp's, a proposed
family restaurant, which replaces Brassy's. No outdoor seating is proposed.
The owner, Frank S. Zappia, Jr., 610 Island Way #607, Clearwater, described the business indicating a greater emphasis on food consumption than the former business. He said entertainment
was planned for Friday and Saturday nights and would be indoors.
Mr. Keyes made a motion to grant the application subject to the following conditions: 1) The applicant shall obtain an occupational license within six months from the date of this public
hearing; and 2) there shall be no outdoor seating, entertainment or speakers. The
motion was duly seconded and carried unanimously.
9. Barnett Bank of Pinellas County Real Estate Services, Inc./Walgreens Co. (Walgreens Drug and Package Store) to permit package sales of beer, wine, and liquor (new license) at 1604
S. Missouri Ave, Sec 27-29-15, M&B 21.01, zoned CC (Commercial Center). CU 94-101
Mr. Shuford gave the background of the case and presented, in writing, the staff recommenda tions, indicating this is the first part of a relatively complicated project. He said the
applicant is proposing to construct a Walgreen's store at the location of the existing Barnett Bank. Barnett Bank would be relocated to the south of the Walgreen's store. The large
property is being broken into smaller parts, and it is proposed the subject area be rezoned to General Commercial, a common zoning designation along that strip. Staff will be reviewing
the traffic plan.
Attorney Ed Armstrong, representing Barnett Bank and Walgreen's, said alcoholic beverage package sales is requested at this fully enclosed location. He noted the property is zoned General
Commercial.
There were no persons or documents in support of the application.
Speaking in opposition, Hugh Harris, Pastor of Missouri Avenue Baptist Church, residing at 421 Bamboo Lane, Largo, read a resolution adopted by the church objecting to the application.
The resolution noted location of three package sales stores, increased traffic, automobile wrecks, and moral issues. He said he did not object as much to the distance of the business
from his church, but the "havoc" that this type of business brings upon the community.
It was noted that the distance between the church and the proposed premise will be 266 feet, representing a minimal variance requirement.
Rebutting, Mr. Armstrong stressed the intended use is compatible with the land use designa tion and impacts are minimal. He questioned consideration of the item on moral grounds and
added that the church would be the abberation in the area, rather than the businesses.
In the ensuing discussion it was agreed that staff will assist Mr. Harris if he desired to make his presentation in opposition before the City Commission on January 19, 1995.
Mr. Bickerstaffe made a motion to grant the application subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within 18 months from the
date of issuance of building permit; 2) the requisite building permit shall be obtained pursuant to the certified site plan within one year from the date of this public hearing; 3) the
related final plat shall be recorded within one year from the certification date of the preliminary plat; 4) the dumpster/compactor shall be visually screened, and gates shall be provided
with a minimum 12 foot clear opening to the front for access by Sanitation trucks; 5) a clearing and grubbing permit and tree removal permit (or no tree verification form) shall be required
prior to the issuance of a building permit; 6) a copy of the approved SWFWMD permit is to be provided to Engineering Site Plan Review prior to the issuance of a building permit; 7) no
building permits shall be issued until the property has been rezoned to General Commercial; 8) the applicant shall obtain a separation distance variance from the City Commission for
alcoholic beverage sales. The motion was duly seconded and carried unanimously.
The meeting recessed at 3:33 p.m., reconvening at 3:42 p.m. At this point item C-2 was considered (see p.3).
10. Star Enterprise (Texaco) to permit temporary building at 21466 U.S. 19, Sec 18-29-16, M&B 11.01, zoned CH (Highway Commercial). CU 94-102
Mr. Shuford gave the background of the case and presented, in writing, the staff recommenda tions, indicating the application is for a trailer-mounted groundwater and soil remediation
system required for treatment of contaminated soil at the site. DOT has condemmed the existing facilities for construction of the proposed Drew Street overpass, scheduled to begin early
in 1996.
Speaking for the applicant, Jerry Uras, Project Engineer with OHM Corporation, 13400 Mohawk Road, Clermont, Florida, described the 25 foot long, 10 foot wide trailer-mounted equipment
to thermally destroy petroleum-contaminated gasses. The equipment will be located at the rear of the property, behind the car wash.
There were no persons or documents presented in support of or opposition to the application.
Mr. Bickerstaffe made a motion to grant the application subject to the following conditions: 1) The applicant shall obtain the requisite building permit within six months from the date
of this public hearing; and 2) the trailer-mounted equipment and the associated fence shall be removed within seven days at the completion of the cleaning up process. The motion was
duly seconded and carried unanimously.
11. Cypress Point Holding Corp/CJS Investments, Inc. (Buffalo's Cafe) to permit on-premise consumption of beer, wine, and liquor (new license) at 25801 U.S. 19, Cypress Point Shopping
Center, Lot 1, zoned CC (Commer cial Center). CU 94-103
Mr. Shuford gave the background of the case and presented, in writing, the staff recommen dations, indicating the request is for a new 4-COP-SRX alcoholic beverage license for on- premises
consumption. The proposed establishment is in a shopping center and no incompat ibilities with surrounding properties is anticipated.
The applicant, Clifford Soechtig, 2417 Huntington Boulevard, Safety Harbor, described his proposed business as a franchise, to be located next to Burlington Coat Factory, adding he has
hired a manager with 15 years experience.
There were no persons or documents presented in support of or opposition to the application.
Mr. Bickerstaffe made a motion to grant the application subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date
of this public hearing. The motion was duly seconded and carried unanimously.
12. Grace Lutheran Church to permit Child day care at 1812 N. Highland Ave, Sec 02-29-15, M&B 32.12, Brentwood Estates, Lot A, zoned P/SP (Public/Semipublic). CU 94-104
Mr. Shuford gave the background of the case and presented, in writing, the staff recommen dations, indicating the business has been in operation for approximately one year. The property
adjoins a residential district, and screening and limits on hours of operation of the outdoor play area are recommended for compatibility with surrounding residential uses. He said
a noise complaint revealed the day care center did not have conditional use permit. In the opinion of staff, noise complaints could be contained with screening and staff recom mended
approval.
It was noted that the church does not have an occupational license to operate this business.
The applicant, Douglas Langholz, 7 Clearview Drive, Safety Harbor, Pastor of Grace Lutheran Church, said an oversight caused the present situation. He objected to the hours of operation
and requested an 8:30 a.m. to 5:30 p.m. time frame, adding the playground is not used all of the time. He said they would be willing to have a higher fence, want to work well with adjoining
properties, accommodate them and be good neighbors.
Responding to a question from the Chairman, Mr. Langholz indicated there are 38 students and six teachers. A question was raised relative to the length of the fence for the northwest
corner due to the site plan indicating two northwest corners on the property and Mr. Langholz explained this to Mr. Shuford. A six-foot wood fence was proposed to buffer the residential
properties.
Speaking in opposition, John W. Brown, 1448 Bentley Street, Clearwater, said his property is directly behind the church property, adding his complaint three months ago revealed the lack
of permit to build the play area. He objected to the church building the play area before approval. He said the property intrudes into a completely residential area, Brentwood Estates,
and he and
his neighbors have complained about the noise many times. He questioned P/SP, saying the business appeared to be a commercial venture. Mr. Shuford offered that child day care is allowed
as a conditional use for P/SP districts. Mr. Brown said the children's play area is placed as close to his residence as it could possibly be, and as far from the church as they could
get it. He expressed concern for his property value due to "screaming children" in his backyard, adding in his twelve years of residence there were no complaints about children playing
ball in the church yard, but he objected to an eight-hour day, 52 weeks-a-year project. He said he can not sleep during the day or use his property for recreation because of the noise.
Speaking in rebuttal, Mr. Langholz said children are not on the playground a portion of the day and the church would be glad to work to coordinate schedules. He said it is a ministry
of the church and not a commercial venture.
It was questioned why the church did not put the play area closer to the Highland Avenue side; Mr. Langholz said blacktop and traffic prevented a closer location to the church. There
was strong objection to locating the play area at the present site without applying first to the Board. There was no indication of possible alternative areas on the plan submitted with
the application.
Mr. Shuford suggested a review of a site plan which would better indicate location of the play area. Mention was made of the importance of day care and the church's mission, but it
was noted that a church is one of the quietest uses abutting a residential area and a day care center is one of the noisiest, suggesting that a church and a day care center are incompatible.
Mr. Merriam made a motion to continue the item to January 10, 1995 meeting with the suggestion that the site plan indicating location on the property be submitted to staff. The motion
was duly seconded and carried unanimously.
13. Andrew P. & Katherine E. Cisek/ABDO Choefati to permit package sales of beer and wine (new license) at 3100 Gulf-to-Bay Blvd, Sec 16-29-16, M&B 24.05, zoned CG (General Commercial).
CU 94-105
The Chairman indicated a conflict on this item and said he will not be discussing or voting on it.
Mr. Shuford gave the background of the case and presented, in writing, the staff recommen dations, indicating this is an existing Texaco gas station requesting a 2-APS package sales
license. He said although the City Commission recently denied a separation distance variance for a property located at the southeast corner of Gulf to Bay Boulevard and Belcher Road
which is similar to this location, but staff does not believe this is the same situation because a variance is not required and the location has different characteristics.
Speaking for the applicant, Mark Weiss, 3418 Handy Road, Tampa, responding to a question, said the applicant would be selling single cans of alcoholic beverages which would be in keeping
with establishments of this nature. Considerable concern was expressed with selling gas and alcoholic beverages at the same time in the same place. Mr. Weiss offered to discuss the
question with his client. The percentage of food sales space versus alcohol was questioned; Mr. Weiss said one-third of the cooler and less than 5-10% of the floor space would contain
beer and wine.
There were no persons or documents presented in support of or opposition to the application.
In the ensuing discussion, with the Chairman abstaining, Mr. Shuford commented the Board and City Commission has wrestled with this question in the past. He said action is needed State
or County-wide, adding the Commission is generally reluctant to put local businesses at a competitive disadvantage.
Mr. Keyes made a motion to grant the request subject to conditions. The motion was duly seconded and upon the vote being taken, Mr.Bickerstaffe, Mr. Keyes, and Mr. Merrian voted "aye";
Ms. Nixon and Mr. Mazur voted "nay". Chairman Carassas abstained. Concurrence of four (4) members of the Board is required for conditional use approval; therefore, the motion was denied.
Discussion ensued. The applicant was advised and requested reconsideration. Mr. Shuford said reconsideration would require the prevailing side to move to reconsider; it will otherwise
be denied. Neither Ms. Nixon or Mr. Mazur chose to make a motion. Mr. Shuford was asked to assist the applicant if he wished to file an appeal.
At a point later in the meeting, this item was reintroduced. Mr. Shuford said he had discussed the Board's position with Mr. Weiss who consulted his client and the applicant clearly
accepts the prohibition of singles sales. Mr. Shuford reiterated the requirement of a motion from the prevailing side; readvertisement would not be required. It was agreed the only
objection was to the sale of single units.
At this point Mr.Mazur made a motion to reconsider the request; Ms. Nixon seconded. Mr. Mazur, Ms. Nixon, Mr. Bickerstaffe, Mr. Merriam and Mr. Keyes voted "aye"; Chairman Carassas
abstained. The motion carried.
Mr. Weiss explained the applicant is opening a convenience store and has no interest in selling alcoholic beverage singles containers.
The applicant, Abdo Choefati, 4255 W. Humphrey #324, Tampa, Clearwater, spoke briefly indicating he will not sell alcoholic beverages in single containers.
The meeting recessed at 4:50 p.m. to enable a Board member to make a phone call unrelated to the issue on the table.
Upon reconvening at 4:53 p.m., Mr. Mazur made a motion to grant 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 sale of beer and wine on package shall be limited to legal hours only; 3) the parking lot shall be re-striped and a parking space provided
for the handicap; and 4) there shall be no sales of single containers of alcoholic beverages of 16 oz. or less. The motion was duly seconded. Mr. Mazur, Ms. Nixon, Mr. Bickerstaffe,
Mr. Merriam and Mr. Keyes voted "aye"; Chairman Carassas abstained. The motion carried.
14. HRE Properties/Portfolio Club Enterprises, Inc. (Portfolio Club) to permit on-premise consumption of beer, wine, and liquor (new license) at 2569 Countryside Blvd, Countryside Village
Square, Lots 5, 7 & 8, zoned CC (Commercial Center). CU 94-106
Mr. Shuford gave the background of the case and presented, in writing, the staff recommen dations, indicating this is a new 4-COP-SRX establishment, part of a private membership investors
club, Portfolio Club. He said the proposed operation would not affect surrounding uses and staff recommended approval.
The applicant, Joseph Roediger, 3200 Unit #5-C, Cove Cay, Clearwater, distributed brochures of the Portfolio Club and explained the alcohol use is a service to the members of the private
club where the common interest is access to investment education and research capabilities. It is not a profit center business.
Mr. Bickerstaffe made a motion to grant the request subject to the following condition: 1) The applicant shall obtain the requisite occupational license within six months from the date
of this public hearing. The motion was duly seconded and carried unanimously.
The following annexation, zoning, land use plan amendment, land development code text amendment, and local planning agency review were considered:
1. 3001 Sarah Dr., Del Oro Gardens, Lot 10, (Charles T. & Amy R. Ottaviano). A 94-23; LUP 94-26
LUP: Residential Urban
ZONE: RS-8 (Single Family Residential)
Mr. Shuford explained items D-1 through D-4 all involve single family properties requesting City sewer service and staff recommends endorsement to the City Commission. No applicants
were present. The items were voted upon individually.
Mr. Mazur made a motion to recommend endorsement of item D-1. The motion was duly seconded and carried unanimously.
2. 1861 West Dr., Clearwater Highlands Unit B, Blk B, Lot 11, and abutting right of way of West Drive (Robert J. & Beth A. Carroll). A 94-24; LUP 94-27
LUP: Residential Low
ZONE: RS-8 (Single Family Residential)
Mr. Mazur made a motion to recommend endorsement. The motion was duly seconded and carried unanimously.
3. 1613 & 1615 N. Betty Lane, Pine Ridge Sub, Blk B, Lot 9, and abutting right of way of Betty Lane and Parkwood Street (Charlie Harris). A 94-15; LUP 94-28
LUP: Residential Low
ZONE: RS-8 (Single Family Residential)
Mr. Mazur made a motion to recommend endorsement. The motion was duly seconded and carried unanimously.
4. 3131 San Mateo St., Del Oro Gardens, Lot 11, (John R. & Kathy M. Carmichael). A 94-26; LUP 94-30
LUP: Residential Urban
ZONE: RS-8 (Single Family Residential)
Mr. Mazur made a motion to recommend endorsement. The motion was duly seconded and carried unanimously.
5. 609 Railroad Ave and 705 & 707 Eldridge St., G. L. Bidwell's Oakwood Addition, Lots 50, 51, & 60, (Mt. Zion United Methodist Church). Z 94-11; LUP 94-25
LUP: Fron Residential Urban to Institutional
ZONE: From RS-8 (Single Family Residential) to P/SP (Public/Semi-Public)
Mr. Shuford explained the request of Mt. Zion United Methodist Church is compatible with the surrounding area and, although the total area is somewhat less than the minimum lot size
of one acre, staff feels the request for expansion and additional parking area is justified and is recommending endorsement.
The applicant, E. J. Robinson, 1806 Lombardy Drive, Clearwater, noted the addresses should read 707 Eldridge Street and 607 and 609 Railroad Avenue. Mr. Shuford said this will be corrected
before the Commision hears the item, and it would not require readvertisement.
Replying to a question, Mr. Robinson said there is no day care center proposed for this church property at the present time.
Mr. Bickerstaffe made a motion to recommend endorsement. The motion was duly seconded and carried unanimously.
CHAIRMAN'S ITEMS:
Mr. Shuford distributed a list of suggested meeting dates. The Chairman questioned three meetings in August. It was agreed the election of officers will take place at the close of
the January 10, 1995 meeting.
At 11:30 a.m. this date the Board met for its annual Christmas lunch. Eleven people attended, and Chairman Carassas thanked Mr. Shuford and staff for the opportunity to meet informally
in a casual setting.
DIRECTOR'S ITEMS:
At this point, Dean Rowe, of Rowe Architects, 100 Madison Street, Tampa, presented a model, plans and full review of the Clearwater City Services Center to be located on the Bilgore
property for the information of the Board. In his detailed presentation he relayed plans for a 70,000 sq. ft. office building; a 83,000 sq. ft. police headquarters building; 500-car
garage; central air conditioning plant; and renovations to the present City Hall. Follow ing a brief discussion, Mr. Bickerstaffe made a motion to recommend to the City Commis sion
that it investigate the feasibility of the proposed 500-car City parking garage being doubled in size to eight stories. The motion was duly seconded and carried unanimously.
The Board briefly reviewed and discussed the issue of the sale of single alcoholic beverages. It was noted in the past the general consensus was that an attempt would be made to regulate
alcoholic beverage sales on a State-wide or County-wide basis.
Mr. Shuford mentioned a note from the City Clerk's office offering to update Land Develop ment Code books.
There being no further business before it, the Planning and Zoning Board meeting adjourned at 5:17 p.m.
_______________________________
Scott Shuford
Central Permitting Director