09/16/1986
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Minutes of the Planning & Zoning Board
Page -2-
September 16, 1986
Dera L. Kelly also appeared to answer questions by the Board.
After questioning, Ms. Kelly stated there are currently 12 boat slips
all occupied, .one~ of which is being used by another charter
business.
and the
vessel
Ms. Harvey stated that the Traffic Engineer had no comment
Harbormaster had no objection if use be limited to one (1)
carrying no more than six (6) passengers. The Harhormaster further
indicated approval would not adversely affect navigation. Ms. Harvey
advised that staff recommended approval with the following conditions
That there be only one (1) vessel carrying a maximum of six (6)
persons; and, that the use permit be procured within 6 months of
the approval of the conditional use.
Motion was
above request
( 7 to 0 )
made by Mr. Schwab, seconded by Mr.
with staff recommendations.
approve the
unanimously
Green, to
Motion carried
2. M&B 31.06, Section 2-19-15
(1801 North Highland Avenue)
Char1es.M. Booth, Jr./Highland Square Amoco
CU 86-70
e
Request
Zoned
ZAPS (Beer/Wine Package Sales)
CC (Commercial Center)
requesting approval of
stated that Amoco
stations to prepare to
Mr. Van Peer remodeled
His reason for requesting a ZAPS
improvements, added cashiers,
suggested he
Van Peer also stated he
sales.
Mr. Richard Van Peer, applicant,
this conditional use application.
Headquarters recently instructed
remain open 24 hours a day.
his sales room to a mini market.
license is strictly to help pay for
payroll, etc. He further stated Amoco Headquarters
include beer sales in his mini market.
feels his operation would fold without
Mr.
beer
No persons appeared in support of or opposition to the above request.
Ms. Harvey stated
Department saw no reason
also stated the Planning Department noted
immediately across the street
Ms. Harvey advised that staff
use applic:ation.
the Traffic Engineer had no
to deny license
comment and
to applicant.
the property
from an existing church
Tecommended denial of the
the Police
Ms. Harvey
is located
and residences.
conditional
Motion was made by Ms. Nixon, seconded by
conditional use application. Motion
0) .
Mr. Hogan, to deny the
carried unanimously
above
(7 to
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Minutes of the Planning & Zoning Board - September 16, 1986
Page -3-
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3.
Lots 3 thru 5 & Lots 8 thru 10, Blk. A
Gunn's Addition Sub.
(2086 Gulf to Bay Blvd.)
3-D's Partnership
CU 86.71
Outdoor retail sales,
and/or storage
Vehicle service
(General Commerical)
Mr. Joseph L. Parker, representative of applicant, appeared requesting
approval of this conditional use application. Mr. Parker indicated the
conditional use was intended for new and used car preparation and, to
the best of his knowledge, no major body work would be done at proposed
site.
Request - 1.
displays
2.
Zoned. - CG
CD
No persons appeared in support of or opposition to the above request.
Ms. Harvey stated that neither the Building Department nor the Traffic
Engineer had objection to the conditional use application. Ms. Harvey
also stated applicant has provided solid fencing around property
abutting Cornell Street and residences afronting the property; the
applicant will have limited access to site from one point off Gulf to
Bay Blvd., with any drive through being through front of property; and,
all servicing will be inside the building. Ms. Harvey indicated the
site plan meets all other requirements in the Code and applicant plans
to remove only one (1) of five (5) trees currently on property.
Ms. Harvey advised that staff recommended approval with the following
conditions: That the site be substantially developed in accordance
with site plan presented at hearing regarding building location,
fencing, and entrance locations to building now existing on Gulf to
Bay; and that the use permit be procured within 6 months of the
approval of the conditional use.
Motion was made by Mr.
the above request with
unanimously (7 to 0).
Ferrell, seconded by Mr. Green, to approve
staff recommendations. Motion carried
4.
M&B 44.01,
(525 North
Clearwater
CU 86-72
Sec. 10 -29-15
Betty Lane)
Country Club
e
- 11-C & 11.CX (On Premise Consumption of
Alcoholic Beverages)
- OS/R (Open Space/Recreation)
Mr. Arthur Kellogg, president of applicant, appeared requesting
approval of this conditional use application. Mr. Kellogg indicated
the purpose of the request is to control use of facilities by the
public. Currently, the public has same privileges as dues-paying
members. If licenses are approved, the only cash sales will be for
Request
Zoned
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Minutes of the Planning & Zoning Board - September 16, 1986
Page -5-
o
Motion was made by Mr. Berrell, seconded by Mr. Schwob, to approve
the above request. Motion carried unanimously (7 to 0).
(D) Annexation, Zoning, and Land Use Plan Amendments:
1. Part of Tracts A & a, Lame Survey &
Part of Lot 1, Brown's Sub. of Bayview, FL
(located W. of Bayview Ave., S. of
Gulf to Bay Blvd.)
(Meador)
A 86-25, LUP 86
Request - Annexation & Zoning, CG
(General Commercial)
Land Use Plan:
From: Medium Density Residential &
Low Density Residential
To: Commercial/Tourist Facilities
(E) Comprehensive Land Use Plan &
Zoning Atlas Amendments
1.
Part of Tracts A & B, Lame Survey &
Part of Lot 1, Brown's Sub. of Bayview, FL
(located W. of Bayview Ave., S. of
Gulf to Bay Blvd.)
(Meador)
Z 86-15, LUP 86-26
e
Land Use Plan:
From: Medium Density Residential &
Low Density Residential
To: Commercial/Tourist Facilities
Zoning Atlas:
From: RMH (Mobile Horne Park) &
RS-6 (Single Family Residential)
To: CG (General Commercial)
The Board discussed Items (D) 1 and (E) I at the same time since
both requests pertain to same property and ownership.
The property is located west of Bayview Avenue and south of
Gulf to Bay Boulevard. The total property contains 1.41 acres.
Attorney Gale M. Bobenhausen represented the applicant. The parcel
currently zoned General Commercial is too small to do anything with
and would be further aggravated by proposed right-of-way for
Gulf to Bay Blvd. She indicated it is economically unfeasible to
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Minutes of the Planning & Zoning Board - September 16, 1986
Page -6-
zone entire property as residential mainly due to taxes. Ms. Bobenhausen
further indicated there are no specific plans to develop property
at the present time.
Ms. Harvei stated when one area is zoned single family residential
and a request is made to change area to commercial, the Planning
staff takes a hard look at what is being proposed. A portion of the
property zoned ro/ffi (Mobile Home Park) has been incorrectly classi-
fied for a long time. She further indicated the property zoned
CG (General Commercial) may be decreased in size more than property
owners original contemplated due to proposed rights-of-way for
Bayview Avenue and Gulf to Bay Blvd. Ms. Harvey advised that staff
recommended approval to change the Land Use Plan to commercial. She
further advised staff would like Board to consider the type of
development to go on property. As an alternative to the CG (General
Commercial) zoning, the applicant would agree to CN (Neighborhood
Commercial), which would provide a commercial classification and
would be convenient to nearby residents. Ms. Harvey also stated
there are several trees located on property and are of the type that
are preserved by City, and if someone new were to develop property,
it would help the developer ahead of time to know limitations of
property and may also encourage them to preserve property. Ms. Harvey
indicated with the consideration of CN (Neighborhood Commercial) as
an alternative to the CG (General Commercial), staff recommended
approval of the annexation, and the amendment to the Land Use Plan
can still be a classification of Commercial/Tourist Facilities in
order to accommodate either one of those particular zoning categories.
Attorney Bobenhausen indicated applicant would like to have CG
(General Commercial) and keep all options open. She further indicated
she felt since there were no site plans proposed, CG (General Com-
mercial) is more desirable and any concerns could be addressed at
site plan.
In opposition to the above requests, the following persons appeared
to give their comments:
Betty Ferguson, Barview Trailer Park, questioned what effect the
annexation and zon1ng would have on mobile homes in the park and
whether residents would be required to move if above request was
approved. Ms. Ferguson was reassured that the mobile home park was
not being rezoned and that residents would not be required to move.
Mary Ellen Wilson~ BaEview Avenue, stated Bayview Avenue is a
historic street and should be kept that way. She further stated
traffic problems are difficult enough without further commercial
development. She requested Board approve CN (Neighborhood Commercial)
rather than CG (General Commercial).
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Minutes of the Planning & Zoning Board - September 16, 1986
Page -7~
Leo Da1i, Bayview resident, commented concerning the historic
significance of Bayview and felt approval of the above request
would cause the destruction of Bayview.
Breck Parker, Barview Avenue, felt approval of the request would
cause more traff1c problems and change the essential character of
the neighborhood. Mr. Parker presented a petition, signed by 22
area residents, objecting to the proposed requests. (copy of
petition attached) .
Jack Alvord, Bayview Avenue, commented increased development has
caused water retention problems on his property and felt further
development would make water problems worse.
Charles S. Martin, Bayview Avenue, felt approval of the above
request would rUln nelghborhood and lower property values.
In support of the above request, Robert Roy Meador, Jr., applicant,
appeared. He indicated he was born and ralsed in Bayvlew area,
though he now resides in Leesburg. He indicated he is merely
trying to get better utilization out of the property, and his
reason for the above requests is economic in nature. Mr. Meador
feels if he is forced to sell property, he will not be able to
control the use of it.
In rebuttal to above opposition, Attorney Bobenhausen stressed that
, trees would not be removed. She further stated that the increase in
traffic has nothing to do with rezoning application and, with the
complexion of the area changing, the applicant is only moving with
the changes. She also stated the persons in opposition to the above
requests live near the southern end of Bayview Avenue and only
persons living near beginning of Bayview Avenue would be affected.
Ms. Nixon stated zoning is a privilege, not a right, and feels that
abutting commercial zoning with single family zoning is not a good idea.
Ms. Nixon further stated she is "opposed to rezoning it in any way."
Mr. Ferrell first questioned Ms. Harvey if proposed McMullen-Booth
widening would meet Bayview Avenue. Ms. Harvey indicated the pro~
posed extension would not meet at Bayview Avenue. She also indicated
that Bayview Avenue is-a-substandard street for fire and sanitation
and as property is annexed, the right-of-way will be taken to widen
street. Mr. Ferrell then indicated that if property is zoned commer-
cial it would be better oriented on Bayview Avenue that it is at
the present time on Gulf to Bay Boulevard.
Mr. Hogan stated he is against CG (General Commercial) zoning and
offered OL (Limited Office) zoning as an alternative. He further
stated he doesn't want to see people deprived of the use of property
and would rather see the property developed to OL (Limited Office)
rather than CG (General Commercial) or CN (Neighborhood Commercial)
as it would be less offensive.
Minutes of the Planning & Zoning Board M September 16, 1986
Page -8-
e
Mr. Green stated the configuration of the property made it hard to
use the property as it was presently zoned. He would rather see
CN (Neighborhood Commercial) rather than CG (General Commercial),
but would not be adverse to OL (Limited Office).
Mr. Schwab stated he felt CN (Neighborhood Commercial) seems like
a logical zoning since Gulf to Bay Boulevard is a major road and
will be widened even further.
Mr. Johnson stated he would be against CG (General Commercial) and
feels there would be more control on CN (Neighborhood Commercial)
zoning.
Motion was made by Ms. Nixon, seconded by Mr. Hogan, to approve
amendment to change the Land Use Plan from Medium Density Residential
and Low Density Residential to Residential/Office, and the annexa-
tion and zoning classification to OL (Limited Office) use.
The roll was called and the vote as follows:
Mr. Green - Aye Mr. Ferrell M Nay
Ms. Nixon - Aye Mr. Schwob - Nay
Ms. Nash - Aye Mr. Johnson - Nay
Mr. Hogan - Aye
CD Motion was approved 4 to 3.
Mr. Ferrell had prior commitment and left the meeting.
Motion was made by Mr. Hogan, seconded by Ms. Nixon, to recommend
to the City Commission that the property fronting on Gulf to Bay
.Boulevard and currently zoned CG (General Commercial) be approved
to same classification as remaining property under same ownership.
Motion carried unanimously (6 to 0).
. (E)
2.
Part Lots 3 & 4, Pert Lots 63-66 &
Lots 67-76 inc., Blk. C
Bassedena Sub.
(located on NW side of NE Cleveland St.
between Grove & Drew Sts.)
(Saclarides)
Z 86-16, LUP 86-27
Land Use Plan:
From: Residential Office
To: Commercial/Tourist Facilities
Zoning Atlas:
From: OL (Limited Office)
To: CN (Neighborhood Commercial)
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Minutes of the Planning and Zoning Board - September 16, 1986
Page -10-
(F) Board and Staff Comments
The remaining 1986 meeting dams were discussed and Ms. Harvey
advised Board that Planning and Zoning Board meets on Tuesday
preceding City Commission meetings.
Ms. Nixon question when land use plan amendments are proposed is
it possible for all property owners on deadend streets to be noti-
fied. Ms. Harvey explained the City requirements concerning notifi-
cation of public hearings and the City advises and makes people
aware of these hearings.'
Mr. Green indicated he may be unable to attend meeting on
September 30, 1986. Ms. Harvey ask all Board members to check their
schedules and notify Planning Department if unable to attend,the
September 30 meeting or any meeting, since there must be a quorum
for all meetings. .
Meeting adjourned at 3:55 PM.
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PETITION
8
We the undersigned object to the proposed land use plan
amendment and rezoning to commercial for the Meador property
on Bayview Ave., (Z 86-l5-LUP B6-26(A. SNo~:J5 luP 0:)5.J
We so object because said rezoning would change the essen-
tial character of a neighborhood which has been residential for
It would also decrease the beauty and historical
many years.
value of the neighborhood as well as setting precedent for other
intrusions into the area.
The traffic flow would be increased,
and in general this change would constitute a detriment to our
property values and enjoyment in lifestyle.
NANE
-
ADDRESS
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ITEM
AGENDA
PLANNING & ZONING BOARD
September 16, 1986 - 1:30 PM
ACTION
(A) Approval of minutes of September 2, 1986
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures
outlined below:
The Chairman reads from the Public Hearing Notice each
item as it is presented.
The Planning Director advises the Board of any pertinent
background information.
The applicant or his representative presents his case.
Persons who support the application speak.
The Planning Director presents any supporting written
documents.
Persons who oppose the application speak.
The Planning Director presents any opposing written
documents.
Persons supporting the application (other than applicant)
may speak in rebuttal.
Persons opposing may speak in rebuttal.
The applicant has an opportunity for final rebuttal.
The Board makes a decision.
1.
2.
3.
4.
5.
6.
7.
8.
9.
0 10.
11.
FLORIDA STATUTE 2"86.0105 STATES: ANY APPLICANT APPEALING A DECISION
OF THIS BOARD MUST HAVE A VERBATIM RECORD OF THE PROCEEDINGS TO
SUPPORT SUCH APPEAL.
(B) Conditional Uses:
1. Lot IZ, B1k. D, Unit A &
Lots 13 thru 15, Blk. D, Unit C
Bayside Sub. #6
(850 Bayway Blvd.)
Bayshore Properties/Brown Yacht Charters
CU 86-69
e
Request - Marina Facilities (Yacht Charter Business
Zoned - CR-28 (Resort Commercial)
Agenda of the Planning & Zoning Board - September 16, 1986
Page -2-
@
2.
M&B 31.06, Sec. 2-29-15
(1801 North Highland Avenue)
Charles M. Booth, Jr./Highland Square Amoco
CU 86-70
Request - 2APS (Beer Wine - Package Sales)
Zoned - CC (Commercial Center)
3. Lots 3 thru 5 & Lots 8 thru 10, Blk. A
Gunn's Addition Sub.
(2086 Gulf to Bay Blvd.)
3-D's Partnership
CU 86-71
Request - 1. Outdoor retail sales, displays
and/or storage
2. Vehicle service
Zoned CG (General Commercial)
4. M&B 44.01, Sec. 10-29-15
(525 North Betty Lane)
Clearwater Country Club
CU 86-72
e
Request
Zoned
ll-C & I1-CX (On Premise Consumption of
Alcoholic Beverages)
- OS/R (Open Space/Recreation)
ANNEXATION & ZONING
(1)
(2)
(3)
Statement of case by applicant - 5 minutes
Presentation by staff - 5 minutes
Comments from publi.c in support/opposition:
individual - 3 minutes
spokesperson for group - 10 minutes
Public Hearings are closed
Discussion/Action by Board
(4)
(~)
(C)
Annexation & Zoning:
1.
Lot 3
Terra Alto Estate
(L~cated S. of Otten St. t
W. of High1and..Ave.)
(Thiel)
A 86-23
.
Request
Annexation & Zoning, RS-B
(Single Family Residential)
G
Agenda of the Planning & Zoning Board ~ September 16t 1986
Page -3-
(D) AnnexationJ Zoning, and Land Use Plan Amendments:
1. Part of Tracts A & BJ Lame Survey &
Part of Lot 1, Brown's Sub. of Bayview, FL
(located W. of Bayview Ave'J S. of
Gulf to Bay Blvd.)
(Meador)
A 86-25, LUP 86-25
Request - Annexation & Zoning, CG
{General Commercial)
Land Use Plan:
From: Medium Density Residential &
,Low Density Residential
To: Commercial/Tourist Facilities
(E) Comprehensive Land Use Plan &
Zoning Atlas Amendments
1.
Part of Tracts A & B, Lame Survey &
Part of Lot 1, Brown's Sub. of Bayview, FL
(located W. of Bayview Ave., S. of
Gulf to Bay Blvd.)
(Meador)
Z 86~15J LUP 86-26
Land Use Plan:
From: Medium Density Residential &
Low Density Residential
To: Commercial/Tourist Facilities
-
,'.
Zoning Atlas:
From: RMH (Mobile Home Park) &
RS-6 (Single Family Residential
To: CG (General Commercial)
2. Part Lots 3 & 4, Part Lots 63-~6 &
Lots 67~76 inc., Blk C.
Bassedena Sub.
(located on NW side of NE Cleveland St.
between Grove & Drew Sts)
rSaclarides) ,
Z 86~16, LUP 86-27
Land Use Plan:
From: Residential Office to
To: Commercial/Tourist Facilities
Zoning Atlas:
From: OL (Limited Office)
To: CN (Neighborhood Commercial)
:~., '
.
Agenda of the ,Planning & Zoning Board
'Page ;. 4-
September 16, 1986
(F)
, (G)
(H)
Chairman~s Items
Director's:Items
Board & Staff Comments
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