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11/05/1985 I ~ ~ I MINUTES PLANNING & ZONING BOARD City of Clearwater, Florida November 5, 1985 - 1:35 PM I Members present: Nash and Nixonj Hogan, and Johnson Chairman Mazur, Mesdames Messrs. Anderson, Green, Absent: Mr. Ferrell Also present: M. A. Galbraith, Attorney Jr., City I (A) On motion by Ms. Nixon, seconded by Mr. Hogan, the minutes of October 15, 1985 were approved as written. I Tapes of public hearings are on file in the Planning Department. I Prior to the public hearing, Chairman Mazur outlined the procedures for conditional uses which now come to the Planning and Zoning Board for action. He advised that anyone adversely affected by a decision of this 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 verbatim record of the proceedings to support the appeal. I I ~ Referring to the applicable sections of the Land Development Code and the Code of Ordinances, Planning Director Paula Harvey addressed the Board concerning the various types of licenses and what criteria should be considered prior to the Board's approval or denial of a conditional use. I ~he representative for Item No. I on the agenda under Conditional Uses 'requested a delay of the item. Motion was made by Mr. Anderson, seconded by Mr. Green, to consider Item No. 1 under Conditional Uses as the last item under such uses. Motion carried unanimously (7-0). I I' (A) Conditional Uses: I 1. Part M&B 11.02, NE 1/4 Sec. 7-29-16 (W. J. Durrance) I Request - 4COPS (Alcoholic Beverage Sales 1. on premises 2. package sales) (Resort Commercial) I Zoned - CR-28 I. I I I l- I Minutes of the Planning and Zoning Board - November 5, 1985 Page 2 Planning Director Paula Harvey stated above property is the site of the Days Inn Motel and Tasty World Restaurant located at 1690 US 19 N. I Ms. Harvey stated the applicant wishes to serve alcoholic beverages as an adjunct to their current food service. She noted the motel and restaurant have been licensed and operating in Pinel1as County, City of Clearwater, for over 12 years. General Manager James Beaty represented the applicant. He stated package sales are requested as a service to the occupants of the motel. I 'I I It was noted the City Attorney's Office and the Traffic Engineering, Police and Planning Departments had no objections to the above request. No written documents were presented either in support of or in opposition to above request. No citizen appeared either in support of or in opposition to above request. Motion was made by Ms. Nixon,' seconded by Mr. Green, to approve above request. Motion carried unanimously (7-0). 2. Part Lot 6 & Lot 7, B1 20, Sec. 16-29-15, Gould Ewing, 2nd Addn. (Thomas Brown, Jr. & Douglas Brown) 2COP (Alcoholic Beverage Sales 1. on premises 2. package aales) Urban Center Core I I . I I, Request Zoned Planning Director Paula Harvey stated above property is located at 615 Cleveland Street. The applicant wishes to license the premises for use in conjunction with a restaurant. Attorney Thomas Hersem represented the applicant. It was noted the City Attorney's Office and the Traffic Engineering. Police and Planning Departments had no objections to the above request. No. written documents were presented either in support of or in opposition to above request. No citizen appeared either in support of or in opposition to above reCluest. ,,,~ .'" }" !' -, ""_.~ . "'''.' ~<~";l'"'' ~'''''@'W('\<~'''!C~'.' J."~) I t" ..:?-~.,.,~..'f:J"" "~'~i Jr.r..~c':::'-;:;;t'"::. <'<':I~ ...:('> :il''';T~.-I~.:;'l.S8]1u ~'li ~r I.-\rrf.l(.;~., '~.~.;!'~'J.j~J"~i"'''\~'''''\I~~'''' ;l~..c'~~"~"I~': :--' ~-., ~"";~"'IIl..tl ;~r. il'~~,;..;;.~~...-,,..,,-+ ~~", """1(."_' -,~ l~ ~,....::I ~''Ir....:.li........~ .....II-'k.'...,..,.... ,';+":4..1~ >J.:'~r/<')".'l'."'oll.lI,~"""'C"'\,t~.<}:.::r''''. ~h'f.t . ",~:.."":-'V'...r ,T~;.~- ..'.... '. ...'t;,: "'~ '.". + . "1~....,j:\, .", i, ... .. ~ ' . :r;; ~, ....... . r .. ... I L I I 'I I ,I I I . I I I I I I I f I Minutes of the Planning and Zoning Board - November 5, 1985 Page 3 Motion was made by Ms. Nixon, seconded by Mrs. Nash, to approve above request. Motion carried unanimously (7-0). 3. M&B 14.11, NE 1/4 Sec. 18-29-16 (Christopher Lawrence & Russell Dilley, Jr.) Request 2COP (Alcohol.ic Beverage Sales) Zoned - CH (Highway Commercial) Planning Director Paula Harvey stated above property is located at 408 US 19 S. She noted the property was previously approved for a 2COP license. Christopher Lawrence, owner of the property and residing at 1221 Turner Street, represented the applicant. St. Petersburg attorney David Wukason, representing the operator, stated sUbject property was previously a tavern and will now be named "Sweethearts." Mr. Mazur expressed concern regarding access of subject location as he felt that package sales, in addition to on-premise sales, would generate considerable traffic. It was noted that the City Attorney's Office and the Traffic Engineering, Police and Planning Departments had no objections to above request. The City Attorney had questioned if the nearest church is at least 500 feet from above location. However, he noted that the 500-ft. distance is not necessarily a requirement. The use must be "sufficiently dis'tant" from a church or public institution. No written documents were presented either in support of or in opposition to above request. No citizen appeared either in support of or in opposition to above request. Motion was made by Mr. Johnson, seconded by Mr. Anderson, to approve above request excluding package sales. Motion failed 3-4, with Mesdames Nash and Nixon and Messrs. Green and Hogan voting "naye." Moti~n was then made by Ms. Nixon, seconded by Mr. Hogan, to approve above request. Motion carried 4-3, with Messrs. Anderson, Johnson and Mazur voting "naye." ~ . ,~. ...," .'_~,~-' ,. ", ',' :....;,"~. ;':' ,/::"r? .:....,~.f,IS:':';';~,' ".'," ",.~.i("~'i~~1'''1\iti,~...,/.l!ty~t,}.i~ ' t1t1.,i!t1'~i. :-.~~~r~f':w.\~1 ~r,' '-: .;;/ . l")/~:~ .. ::'~l~r;~~~"~irf~(~';" )&'4{i-.it~~::;~~"",:;.\ ~111~~'~~1$\+~ {1.;;~t j~~JJ:~~/....~1?~~ L,.I~~.,'l};~j.f "':.,< jrj~.JjTiJr:,~:t.~"'\,~:""",:~, ,..:J.~~........ j !F...., ~'.......-;:.......;~ ,> ....... t"} . ~,.~.<,' ".. , Minutes of the Planning & Zoning Board - November 5, 1985 Page 5 (D) Annexation & Zoning & Land Use Plan Amendments: 1. Part M&B 32,01, SW 1/4 Sec. 16-28-16 (Clarki Cl ark) A 85-35 LUP 85-36 LUP 85-39 Parcel A Request - Annexation & Zoning, RM-16 (Residential Multi-family) Land Use Plan: Low Density Residential Medium Density Residential From: To: Parcel B Request - Annexation & Zoning, PSP (Public/Semi-Public) Land Use Plan: Low Density Residential Public/Semi-Public From: To: Above property is located on the southwest corner at the intersection of McMullen-Booth and Curlew Creek Roads. The site contains 16 acres and is currently developed with one family residence which is proposed to be removed. total single The request on Parcel A is to permit the development of an adult congregate living facility. The request on Parcel B is to permit the development of a nursing nursing home. Ms. Harvey noted that 20 feet required for Landmark drive. required to meet McMullen-Booth Roads. of additional right-of-way will be Additional right-of-way will be the County's requirements for Curlew and Easements will be required when the property is developed. Sanitary sewer will have to be extended system in Oak Creek at Countryside to serve from the existing sUbject property. Attorney James Staack represented the National Health Corporation, the contract/purchaser. He described the proposed developments and expressed the opinion more green space and less traffic would be generated than if a medium density residential development were proposed. I' _,J,. ~, ." 'i ~~"; ',~':11'\'f,','~~'~',,;,':i...'1/;'..''l:lf'''J....j~. '"' jj ", ;..:'t.r;~.....n ~~.'~r~;.I~' t,,'i'~~'f.Jf~: :", ~~:" f ,n'.'_', ,~ ;.it\fJ~"';:;';;':'; I'", ?r!'4\f@.. o:!,..r-"~~:L";\i,~~-~ 'd, ,~~.,,!"ti;:!i;,,~~'fi-?;.f"o ..~.'.~~ ~ c ",. ...~. 'T.".. .... ':,,~"II..~". "".. ~..,' r."''' .~'."., 1. "r ,.. . ..;n,...:";:..;......-'~~,.."~1....:Jh.:1;'-'~ ~ 1.,.....""~il;M~~ ":"" ,",. ~. '\ .~j'.'<1: I ' , ,- .. I I I I I (4) (5) I I I (B) Conditional Uses: 'II, I I I I I I: I' ",- '.1" "",','" " , i\ (1) (2) (3) (A) AGENDA PLANNING & ZONING BOARD November 5,1985 - 1:30 PM Statement of case by applicant - 5 minutes Presentation by staff - 5 minutes Comments from public in support/opposition: individual - 3 minutes spokesperson for group - 10 minutes Public Hearings are closed Discussion/Action by Board ITEM i\CTION Approval of minutes of October 15, 1985 1. M&B 14.11, NB 1/4 Sec. 18-29-16 (Christopher Lawrence & Russell Dilley, Jr.) Request - 2COP (Alcoholic Beverage Sales) (Highway Commercial) Zoned CH 2. 1/4 Part MiD 11.02, NE Sec. 7-29-16 (W. J. Durrance) , . Request'- 4COPS (Alcoholic Beverage Sales 1. on premises 2. package sales) (Resort commercial) Zoned - CR-28 '''." . . Agenda .. page,2 I 3. I I I I I I II I I I I.- I., I. I -' I I, of the Planning & Zoning Board - November 5, 1985 Part Lot 6 &; Lot 7, 81 20, Sec. 16-29-15, Gould Ewing, 2nd Addn. (Thomas Brown, Jr. &; Douglas Brown) Request - 2CQP Zoned - Urban (Alcoholic Beverage Sales 1. on premises 2. package sales) Center Core (C) Annexation ~ Zoning: 1. Lots 17 &; 18, 81 C, Pine Ridge Sub., Sec. 10-29-15 (Bethany C ~ E Church) A 85-34 2. Request ~, Annexation & Zoning. RS-8 (Single Family Residential) Lot 105, Clearwater Manor, SW 1/4 Sec. 6-29-16 (De1ashaw) A 85-36 Request - Annexation &; Zoning, RS-8 (Single Family Residential) (D) Annexation &; Zoning &; Land Use Plan Amendments~ 1. Part MiB 32.01, (Clark/Clark) A ' 85-35 LUP 85-36 LUP 85-39 SW 1/4 Sec. 16-28-16 Parcel A 'Request - Annexation &; Zoning, RM-le (Residential Multi-family) Land Use Plan: , 'Prom:, Low Density Residential To: Medium Density Residential I 'f Agenda .. Page 3 I 1 1 I I' 1 iF) Chairman's Items: I' of the Planning & Zoning Board - November 5, 1985 Parcel B Request - Annexation & Zoning I PSP ; (Public/Semi-public) Land Use Plan: From: Low Density Residential To: ' Public/Semi-Public (E) Zoning Atlas Amendment: L 'M&B 32.02 Park Unit (Covenant Z 85-18 & part of Lot 6, College 2, SW 1/4 Sec. 6-29-16 Development Corp./City) ,Zoning Atlas: From: PS (Professional Services) To: OPO (Office Planned Development) 1. Election of Vice-Chairman lID (G) , (H). Director's Items Board & Staff Comments I 1 I' I., ", , " I,.:,; . ' .... ~ :.',. I "'. : '~. " '.'.. '. >'.' . I L. ~ , ' . . . . , , , I" ,': \;~:,~ '"'' ,.>...., .... ~,..;?~':/ ':. u.. '. , 1 ," "," .." , .. :I'.:,;.,.(/:: i.';i',," ~ '" .";' T < .,' " ., " , ' c., -/,,' " ... , .. ,j'