11/04/1986
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MINUTES
PLANNING & ZONING
City of Clearwater,
November 4, 1986
BOARD
Florida
1:30 PM
Members present:
Chairman Johnson, Ms. Nixon, Messrs. Green,
Hogan and Schwob
Also present: M. A. Galbraith, City Attorney
Members absent:
Mr. Ferrell and Ms. Nash
(A)
On motion
October
carried
by Ms. Nixon, seconded
14, 1986 meeting were
unanimously (5 to 0).
by Mr.
approved
Schwob, minutes of
as written. Motion
Chairman Johnson 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.
( E)
1.
Lt. 13, Tract A,
Hercules Industrial Park
(1301 N. Arcturas Ave., Shops P & R)
Ernest G. Bradford (Flagship Coach of
Pinellas, Inc.)/ Pete Stirling
CU 86-84
'J':.'J.
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Zoned
Vehicle Service (Interior Van
Customizing & Repair)
IL (Limited Industrial)
Request
Mr. John Robert Stirling, applicant, appeared requesting approval
of this conditional use application. Mr. Stirling indicated he
is one of the principles of Flagship Coach of Pinellas, Inc.,
and is a tenant of Mr. Bradford. The operation consists of customizing
van chassis and interiors that are either ordered through car
dealers or by special orders from customers. Mr. Stirling also
indicated all work is done inside. He stated he is unsure of
parking requirements. Mr. Stirling also stated there are two
full-time employees and this is the only parking requirement.
He further stated this operation is not open to the public for
service and repair.
After questioning by Mr. Hogan, Mr. Stirling
body work done on premises is adding windows
cust.omer s .
stated
at the
the only
request of
.
No persons appeared in support of or in opposition to the above
request.
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Minutes of the Planning & Zoning Board - November 4, 1986
Page -2-
.
Ms. Harvey stated this request is for vehicle service in a Limited
Industrial zoning district. She further stated the Traffic Engineer
had no comments but advised the site plan approved September 9,
1985 'fas for the specific uses of warehousing and manufacturing,
and parking was based on the uses as proposed on the site plan.
Ms. Harvey advised the Board the governing sections of the Land
Development Code are Sections 136.025(b) and (c)(27). She further
advised that staff recommended approval of the conditional use
application subject to the following conditions: 1) That the
use permit be obtained with six months; 2) That, if the Board
grants approval, it be specified that the use is for interior
van customizing and repair; and, 3) That the certified site plan
for Bradford & Sons Industrial Development be amended to reflect
the new parking requirements to include the new vehicle service
on the property.
Motion was made by Mr.
the above request with
unanimously (5 to 0).
Schwob, seconded by Mr. Hogan, to approve
staff recommendations. Motion carried
2. M&B 32-03, Sec. 20-29-16
Belleair Cove Shopping Center
(1451 U.S. Hwy. 19 South)
Belleair Associates Ltd. Partnership
( C . J . 's 0 f C 1 e a rwa t e r )
CU 86-85
.
Request - 4-COP-SRX (On Premise Consumption
of Alcoholic Beverages)
Zoned - CH (Highway Commercial)
Attorney Frederick Bateman appeared on behalf of applicant re-
questing approval of this conditional use application. Mr. Bateman
stated C.J. 's plans to open a seafood restaurant and that C.J.'s
currently has three other restaurants across the State of Florida.
Mr. Bateman further stated this location was formerly the Los
Amigos restaurant.
After questioning by Mr. Schwob, Mr. Bateman stated there would
be a jukebox and television on the premises, but, at this time,
he doesn't feel there will be live entertainment.
No persons appeared in support of or in opposition to the above
request.
.
Ms. Harvey stated this request is for on premise consumption
of alcoholic beverages in a Highway Commercial zoning district.
She further stated the Traffic Engineer had no objections, and
the Police Department saw no reason to deny an alcoholic beverage
license to the applicant. Ms. Harvey advised the Board the governing
sections of the Land Development Code are Sections 136.025(b)
and (c)(l). She further advised that staff recommended approval
of the above request with the condition that the use permit be
procured within six months of the approval of the conditional
use.
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Minutes of the Planning & Zoning Board - November 4, 1986
Page -3-
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Motion was made by Mr.
the above request with
unanimously (5 to 0).
Hogan, seconded by Mr. Schwob, to approve
staff recommendations. Motion carried
3 . M& B 4 1- 0 3, Sec. 1 8 - 2 9 - 1 6
(524 u.s. Hwy. 19 South)
Angel Properties, Inc./Thomas G. Hersem
(Studio 19)
CU 86-86
Request - 4-COP (Package Sales of
Alcoholic Beverages)
Zoned CC (Commercial Center)
Mr. Thomas G. Hersem, representative of the applicant, appeared
and stated he did not receive a copy of the notice of the public
hearing scheduled. Mr. Hersem requested the Board to table the
above request until the end of the agenda.
Motion was made by Ms. Nixon, seconded by Mr. Hogan, to table
CU 86-86 until the end of the Conditional Use portion of the
Planning and Zoning Meeting. Motion carried unanimously (5 to 0).
4.
Tract E-1, M&B 33-02,
Northwood Plaza
(2510 McMullen Booth
Rutenberg Associates
Christine Perna
CU 86-87
Sec. 28-28-16
.
Road)
(Northwood Mousetrap)/
Request - 2-COP (Sale of Alcoholic Beverages:
1. On Premise Consumption and
2. Package Sales)
Zoned - CC (Commercial Center)
Due to no appearance by the applicant and/or representative,
motion was made by Mr. Hogan, seconded by Mr. SChwob, to continue
the above conditional use request to the next Planning and Zoning
Board Meeting scheduled for November 18, 1986. Motion carried ,
unanimously (5 to 0).
3. Angel Properties, Inc./Thomas G. Hersem
(Studio 19)
CU 86-86
.
The public hearing on the above conditional use request resumed.
Mr. Hersem stated this Board previously approved on premise consumption
but did not approve package sales. Applicant appealed and the
hearing officer suggested the applicant come back to this Board
to give additional evidence as to why package sales should
be granted. Mr. Hersem further indicated Sections 136.024, 136.025,
and 137.011 contain the requirements applicable to this property,
and the applicant meets all standards such as site and structure
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Minutes of the Planning & Zoning Board - November 4, 1986
Page -4-
.
requirements, seating capacity, parking, hours of operation,
etc. Mr. Hersem also stated the owner's lease 'vith the applicant
deals with these requirements. Applicant is sufficient distance
from other restaurants, churches and residences to comply with
the Code. Mr. Hersem advised, though applicant currently has
no package sales, package sales have been a consistent use for
the last several years. Mr. Hersem also advised the applicant
meets each and every conditional use standard of the Code.
After questioning by Mr. Hogan why package sales were necessary,
Mr. Hersem stated package sales is another method of covering
overhead. Mr. Hogan expressed concern about people drinking in
an establishment and then purchasing packages of alcohol to take
with them. After further questioning by Mr. Hogan, Mr. Hersem
stated it was his understanding that the former tenants had package
sales of approximately 8% and those sales did not coincide with
times when people were usually drinking on premises.
Mr. Hersem stated large shopping centers and the amount of parlcing
available allows for the ability for package sales. Mr. Hersem
feels the applicant will not tolerate abuse of alcoholic beverages
in her establishment.
.
Ms. Karen Mancuso, applicant, appeared and stated she has been
in the liquor business for almost 22 years and realizes the value
of package sales. She further stated her package sales customers
would be people from neighboring motels and her regular customers
who do not want to drink in the bar but would rather drink at
home. She advised the Board she will not sell to intoxicated
persons on the premises.
Ms. Harvey stated this request is for package sales of alcoholic
beverages in a Commercial Center zoning district. She further
stated the Traffic Engineer had no objection, and the Police
Department saw no reason to deny the license to the applicant.
Ms. Harvey pointed out that on February 2, 1986, the Board approved
the request for consumption of alcoholic beverages on premises
and, at the same time, denied the request for package sales.
The applicant appealed and on April 30, 1986, the hearing officer
upheld the decision of the Board. The hearing officer stated
in that order the reason for upholding the decision of the Board
was that the applicant failed to produce evidence at the hearing
that the applicant could comply with the standards for the subject
use. Ms. Harvey advised the Board the governing sections of the
Land Development Code are Sections 136.025(b) and (c)(2). Ms.
Harvey further advised that staff recommended approval with the
condition that the use permit be procured within six months of
the approval of the conditional use.
.
Ms. Nixon questioned what has changed since the last time this
application was presented to prove the applicant meets the re-
quired standards. Mr. Hersem stated the hearing officer did not
say applicant did not meet the standards but the applicant had
not presented the evidence to the Board.
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Minutes of the Planning & Zoning Board - November 4, 1986
Page -5-
A
W
After questioning by Mr. Schwob, Mr. Mancuso stated she does
have live entertainment 6 nights a week, she has had no problems
with underage drinking, and the only problem in the parking lot
was a car fire shortly after she opened her premises and is unsure
if it was related to her premises.
Mr. Schwob stated is appears this establishment has been operating
with no problems and is in compliance with the Code; and, though
he generally does not favor such sales, it seems reasonable in
this case.
Ms. Nixon expressed concern about this establishment catering
to a younger crowd and even though the standards have been met,
she feels a higher standard is the health, safety and welfare
of the residents of Clearwater.
Mr. Green stated, though he agrees with Ms. Nixon, a good case
has been presented and the Board must follow the standards of
the Code. Mr. Green further stated there are times he would like
to see a drin]cing establishment and packages sales at different
locations.
Mr. Johnson stated he agreed with Mr. Green and Mr. Schwob, and
further stated the Board cannot allow personal feelings to rule.
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Ms. Nixon questioned if staff had recommended approval of original
application as well as application now presented. Ms. Harvey
stated that staff recommended approval at both hearings.
Mr. Hogan stated on premise and package sales should not be at
same location and feels the state law should be changed.
Ms. Nixon felt, if the Board approves this application, the Board
will be obligated to approve all applications that meet the standards
of the Code.
Mr. Schwob stated that, after questioning an applicant concerning
noise, traffic, etc., the Board would not be obligated to approve
an application that it felt did not meet certain criteria.
Motion was made by Mr.
the above request with
4 to 1, with Ms. Nixon
Schwob, seconded by Mr. Green, to approve
staff recommendations. Motion carried
voting nay.
.
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Minutes of the Planning & Zoning Board - November 4,
Page -6-
1986
( C )
Annexation & Zoninq
1 . Lot 1 9
Clearwater Industrial Park
(Located S. side of Calumet St.,
E. of Hercules Ave.)
A 86-26
Request - Annexation & Zoning, IL
(Limited Industrial)
The above property is located on the south side of Calumet Street,
east of Hercules Avenue.
Mr. William Gehrand, representative, appeared and stated he wanted
it made a part of the record that the City of Clearwater is the
applicant. Mr. Gehrand stated, "the Ci ty says we must annex and
we do not want to."When we tried to procure permits for interior
remodeling, we were told an agreement to annex into the City
of Clearvater mus~ be signed or the property would not be able
to be on sewer. As a result, the County would not approve permits.
Mr. Nightingale signed the agreement under "duress and protest."
Mr. Gehrand stated they objected to the annexation and do not
see any reason for it.
Ms. Harvey stated this is a request for annexation and zoning
of Limited Industrial to be applied to the property. Ms. Harvey
stated the applicant is the City of Clearwater and the property
ovners are Nightingale and Square D Co. She also stated these
properties were subjects of prior agreements to annex in order
to obtain City sewer on the properties. She indicated the properties
are contiguous to City property and are now eligible to be annexed.
Ms. Harvey advised that letters were sent to the property owners
in accordance with the agreements to annex. She further advised
the properties are now developed in commercial uses and water
and sewer are available to properties. Ms. Harvey advised that
staff recommended that the annexation in the Limited Industrial
zone be approved and, in the annexation, the abutting right-of-
way of Calumet Street be included.
After questioning by Mr. Hogan, Mr. Gehrand stated they had a
septic tank, but after the alterations were made to the property,
the County would not allow the septic tank.
Mr. Hogan question Mr. Harvey if the City had agreements to annex.
Ms. Harvey stated that, at the time the sewage was needed, an
agreement to annex was procured from the property owners.
Mr. Green stated he felt there was not anything inappropriate
in the City requiring that, someone using City sewage, agree
to be annexed when they become eligible to do so. He also felt
that City of Clearwater residents should not provide sewage to
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Minutes of the Planning & Zoning Board
Page -7-
November 4,
1986
o
properties and those properties not be part of the tax base.
Motion ~as made by Mr.
the annexation and zoning
carried unanimously
Green,
with
to 0).
seconded by Mr. Hogan,
staff recommendations.
to approve
Motion
(5
2. M&B 34.022 Sec. 6-29-16
(Located E of Old Coachman Road
S. of Campbell Road)
(Bro~n)
A 86-27
Request
Annexation & Zoning, RS-2
(Single-Family Residential "Twoll)
The above property is located east of Old Coachman Road,
of Campbell Road.
south
The applicant ~as not present.
Ms.
of
Harvey stated this
RS-2 (Single-Family
the subject of a prior agreement
this property is now contiguous to
to be annexed She also stated the
a single-family house and is being serviced
Ms. Harvey advised that staff recommended
be approved with the RS-2 zoning.
is a request
Residential "Twoll).
to
for annexation and zoning
This property was
annex. Ms. Harvey indicated
City property and is eligible
property is developed with
wi th Ci ty sewer.
that the annexation
.
Motion 1vas
the above
made by
request.
Mr. Sch"\vob,
Motion carried
seconded by Mr.
unanimously
Hogan,
(5 to 0)
to
approve
(D)
1.
Lot 7
Blackburn Sub.
(Located W. of
N. of Sunset Point
(Valdes)
1\ 86-28
u. S. HlfY
Rd. )
19,
LUP
86-28
Request
Annexation & Zoning, CH
(Highway Commercial)
Land Use
From:
To:
Plan:
Medium Density Residential
Commercial Tourist Facilities
The above property is located west of U.S. Hwy.
Sunset Point Road.
19, north of
}lr. Joseph Parker appeared stating he is the agent for the applicant,
. and is available for any questions the Board may have.
After questioning by Ms. Nixon, Mr. Parker stated there currently
are
no plans for the property. The reason for the request is in anticipation
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Minutes of the Planning & Zoning Board
Page -8-
November 4, 1986
e.
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of selling the property and the applicant wants to know how the
property will be zoned. Even though property is currently shown
by the county as residential/office/retail, applicant feels eventually
all the properties on u.s. Hwy. 19 will be commercial After
further questioning by Ms. Nixon, Mr. Parker stated the property
is north of Sunset Point Road and is not next to multi-family
apartment buildings.
Ms. Harvey stated this is a request for annexation and zoning
of Highway Commercial and amendment to the Land Use Plan from
Medium Density Residential to Commercial Tourist Facilities.
Water and sewer are available to the property. Ms. Harvey advised
staff commented that, at such time the property is developed,
it would have to conform to standards for water lines and fire
hydrants and also a 40 foot drainage and utility easement along
U.S. Hwy. 19. Staff commented, though there are no plans for
development at this time, we feel it would be appropriate for
this location to be zoned commercial. Ms. Harvey further advised
that staff recommended approval of the annexation and Highway
Commercial zoning and amendment to the Land Use Plan.
Motion was made by Mr. Hogan, seconded by Mr. Green, to approve
the above request with provisions stated by the Planning Department.
Motion carried unanimously (5 to 0).
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2.
Parcels I & II
(Located W. side
Sunnydale Blvd.
(Finkenbinder)
A 86-29
of Belcher Rd.
& Sunset Point
between
Rd. )
Parcel I:
Lot 1, Pinellas
M&B 32-011 Sec.
LUP 86-29
Groves Sub.
6-29-16
&
Request
Annexation & Zoning, OL
(Limited Office)
Land Use Plan:
From: Medium Density Residential
To: Residential/Office
Parcel II: Annexation & Zoning Only
Part Lot 16,
Pinellas Groves Sub.
Request
Annexation & Zoning, IL
(Limited Industrial)
.
The above property is located on the west side of Belcher Road
between Sunnydale Boulevard and Sunset Point Road.
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Minutes of the Planning & Zoning Board - November 4, 1986
Page -9-
Mr. Robert L. Berg, representative of applicant, stated the County
zoning and Land Use Plan for the property at the southwest corner
of Sunset Point and Belcher Roads is commercial and industrial.
The applicant desires to develop Parcel I into a residential,
suburban, single-story office-type development. Mr. Berg further
stated the applicant plans to build a two or three story medical
office building on Parcel II. After questioning by Ms. Nixon, Mr.
Berg stated the reason for the Limited Industrial request for
Parcel II is to have as general a zoning situation as possible.
Ms. Harvey explained the relationship of the subject property
to the adjacent developments and adjacent zoning and Land Use
Plan classifications. She identified that prior requests to the
Planning Department for this property had only been for commercial
use. This application, however, is requesting office use on the
property. Water and sewer are available to the property. Ms.
Harvey advised that staff recommended approval of annexation
of all the property, the Limited Office zoning and Residential/Office
Land Use Plan classification of Parcel I, and the Limited Industrial
designation on Parcel II.
After questioning by Mr. Johnson, Ms. Harvey stated there are
banks to the northeast and just south of Parcel II, the property
to the south is now in the City of Clearwater, and the property
northeast of the site is not in the City but is the subject of
an agreement to annex. After further questioning by Mr. Johnson
Ms. Harvey stated Limited Industrial would be compatible with
Limi ted Office.
After questioning by Mr. Hogan, Ms. Harvey stated the height
restriction for Limited Industrial is 50 feet and the limited
industrial use is not adjacent to any residential property.
After questioning by Mr. Green, Ms. Harvey stated the current
Land Use Plan classification for Parcel II is industrial.
Mr. Glenn Finkenbinder appeared and stated this property is the
same zoning as the banlc located just to the south. A doctor plans
to build offices for his own use on Parcel II.
Ms. Alicia McCauley appeared in support of applicant stating
they are in favor of annexation. Their business is located on
adjoining piece of property on east property line of Parcel II.
Ms. McCauley stated there is an open ditch on the east side of
the property currently maintained by the City of Clearwater.
She requested the City give consideration to culverting the ditch
and that be part of the annexation.
After questioning by Mr. Johnson, Ms. Harvey stated the City
of Clearwater will have an easement on the ditch and any requests
for culverting should be directed to Public Works at any time
to have a qualified person from that department respond to Ms.
McCauley.
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Minutes of the Planning & Zoning Board - November 4, 1986
Page -10-
.
Mr. Eric Schultz, Raintree Village, appeared in opposition to
the applicant. Mr. Schultz expressed concern with the type of
businesses that would be using Parcels I and II. He further stated
that the residents must put up with loud noises in the eilrly
morning, a lot of trucks and some damage to their property with
the businesses on other property lines. Mr. Schultz stilted they
would like to see green area with the development of the property
and a privacy fence to separate the businesses from tIle complex.
Mr. Hogan advised Mr. Schultz that these types of concerns would
be addressed when site plans are submitted for consideriltion.
Mr. Schultz requested that Raintree Village be part of the site
plan reviews. Mr. Hogan advised that Raintree Village should
keep in contact with the property owners concerning development.
Mr. Lloyd Wyngarden, Raintree Village, appeared and ~tated he
was not in opposition to progress and feels a Limited Office
zoning on Parcel I is proper. Mr. Wyngarden questioned the zoning
of Limited Industrial on Parcel II, noting that residents will
have no assurance that Parcel II will be used as an office building.
He would personally object to industrial use on Parcel II, ilnd
felt the development of offices on Parcel II should be guaranteed.
After questioning by Mr. Schwob, Mr. Wyngarden stated he would
not object to a three story office building on Parcel II because
he felt it would offset traffic noise from Belcher Road.
.
Mr. Johnson stated most of these concerns would be addressed
when site plans are submitted.
After questioning by Ms. Nixon, Ms. Harvey stated the industrial
use is currently on west and south sides of Parcel II and Limited
Office on the north side of Parcel I. She further stated if the
Board feels the properties adjacent to Parcel II will be adversely
impacted by Limited Industrial, the Board can recommend that
there be further down zoning of property in conjunction with
the annexation. Ms. Harvey stated the biggest concern has been
that the only requests for development on the property were commercial.
The City did not want to see commercial development of Parcel
I since businesses would be open in the evening and all wee]cend
and disturb the surrounding community.
Ms. Nixon stated if the proposed buyer of Parcel II changes his
mind and industry was developed on Farcel II, she feel that would
have an adverse impact on adjacent properties.
Mr. Finkenbinder explained to the Board that the proposed buyer
of Parcel II was paying about three times as much [or the property
and he cannot afford to use the property [or anything else other
than office use. He further stated the proposed buyer wantad the
property for his offices.
.
Mr. Green stated he doesn't feel it is necessary to down zone
Parcel II and feels the zoning on Pnrccl I 1u more importilnt.
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Page -11-
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Ms. Nixon stated she would like to see a zoning of Residential
Office on Parcel II.
After questioning by Mr. Hogan, Mr. Finkenbinder stated the main
reason for not changing the zoning of Parcel II is that everything
can be handled locally; otherwise, it would have to go to Tallahassee
if zoning was changed.
Motion was made by Mr. Hogan, seconded by Ms. Nixon, to approve
the annexation, Limited Office zoning and Land Use Plan amendment
for Parcel I. Motion carried unanimously (5 to 0).
I "
~ . . '
Motion was made by Mr. Schwob, seconded by Mr. Hogan, to approve
the annexation and Limited Industrial zoning for Parcel II. Motion
carried 4 to 1, with Ms. Nixon voting nay.
(E) Zoninq Atlas Amendment
1. Part M&B 41-04, Sec. 13-29-15
(Located S. of Gulf to Bay Blvd.
E of Bamboo Lane)
(Jersey Jim Towers T.V. &
Air Conditioning, Inc.)
Z 86-17
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Zoninq
From:
To:
Atlas:
RS-8 (Single-Family Residential "Eight")
RM-8 (Multiple-Family Residential "Eight")
The above property is located south of Gulf to Bay Boulevard
east of Bamboo Lane.
Mr. William Kimpton, representative of applicant, appeared and
distributed a packet containing information regarding the appli-
cation for zoning (copy of packet attached). Mr. Kimpton stated
this property is currently a vacant piece of land. Previous O''lners
have requested commercial zoning and it had been consistently
denied. This applicant is requesting zoning from RS-B to RM-8
to use the property for parking. Mr. Kimpton advised that area
property owners appear to be pleased that there would be parl<ing
available. He further advised that no site plan has been submitted
as yet, but the applicant will comply with City requirements
regarding landscaping, buffering, etc. Mr. Kimpton feels this
is the only use available. He also stated that access is througl1
adjacent parking lot within a commercial zone.
After questioning by Mr. Johnson, Mr. Kimpton stated whatever
the City requires for parking will done, and who will actually
be using the parking has not yet been determined.
.
Ms. Harvey stated she had advised the applicant that she did
not feel an amendment to the Land Use Plan to anything other
than a residential use would be appropriate. She stated the applicant's
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Minutes of the Planning & Zoning Board
Page -12-
November 4, 1986
~
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only alternative is to utilize the property for conditional use;
and, since RM-8 zoning does not allow off-street parking as a
permitted use, the applicant will be required to request approval
through a conditional use application and hearing.
After questioning by Mr.
parking is parking that
Johnson, Ms. Harvey
is not paid for.
stated non-commercial
Motion was made by Ms.
Zoning Atlas amendment
unanimously (5 to 0).
Nixon, seconded by Mr. Hogan, to approve
from RS-8 to RM-8. Motion carried
(F) Chairman's Items
Mr. Johnson questioned if the Board would be discussing the Public
Opinion Survey. Ms. Harvey briefly explained the Public Opinion
Survey was funded through the Pinellas County Planning Council.
She advised the survey is a summary of findings after 384 Clearwater
residents were polled concerning various issues. The Project
Manager for the survey was Jeff Pruitt and Ms. Harvey suggested
if there is something particular in the survey the Board wanted
to discuss or any detailed information required, the Board should
contact Mr. Pruitt.
.
(G)
Director's Items
Olive Garden Restaurant, CU 86-31
Ms. Harvey advised the Board that there is provision in the Code
for individuals to request extensions of previously approved
conditional uses. The Board generally grants approval on a
6-month basis. Ms. Harvey further advised that on May 13, 1986,
the Board approved this conditional use for on premises consumption
of alcoholic beverages for the Olive Garden Restaurant located
at Northside Square Shopping Center. The building is not yet
complete and the applicant has requested such an extension.
Ms. Harvey advised that staff recommended approval of the 6-month
extension.
Motion was made by Mr. Hogan, seconded by Mr. Green, to approve
a 6-month extension to May 13, 1987 for the Olive Garden Restaurant
to procure a use permit. Motion carried unanimously (5 to 0).
Ms. Harvey advised that the City Manager's presentation scheduled
for today needed to be continued to November 18, 1986 and requests
time with the Board on that date. Mr. Shoemaker will be asking
if there is anything that his office or the City Commission can
do to help the Board better do its job.
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Minutes of the Planning & Zoning Board
Page -13-
November 4, 1966
.
(H)
Board and Staff comments
Ms. Nixon questioned if the Board had any leeway
concerning alcoholic beverage sales. Ms. Harvey
in the Code are not addressed by the Board, it
the City Attorney very little to work with on
questioned if we can ask staff to come up with
in making decisions
stated if provisions
gives staff and
appeal. Ms. Nixon
some new provisions.
Mr. Hogan suggested the City petition the State to make some
changes.
Mr. Galbraith stated that when talking about land use it is
difficult to determine on premises and pac](age sales. He further
stated there is an existing ordinance against open containers
on the public street.
Ms. Harvey advised the Board that the standards must be applied
equally to all applicants. She further advised the Board that
the Staff and the City Attorney are currently working on substan-
tial revisions to the Code concerning alcoholic beverages because
there have been some problems in review. These changes will be
brought before the Board in the future.
."".
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Meeting adjourned at 3:55 PM.
"-"
Paula Harvey
Planning Director
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APPLICATION
FOR
ZONING CHANGE
MUNICIPALITY:
CITY OF CLEARWATER
APPLICANT:
JERSEY JIM TOWERS T.V. AND AIR CONDITIONING, INC.
PURPOSE:
TO ALLOW PARKING IN RESIDENTIAL CATAGORY ADJOINING
COMMERCIAL CATAGORY
CHANGE:
FROM RS-8 to RM-8
HEARING:
4 NOVEMBER 1986, PLANNING & ZONING BOARD
=====================================================================
EXHIBITS
A . Application for Rezoning
B. Survey of Subject Site
C. Aerial Photograph
D. Photographs of Site
E. 'Zoni.ng Map
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zr ''':NG ATLAS AMENDMENT APPLlr "ION
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DATE
16 September 1986
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NAME OF PBOP&R1Y OWNER( S) Jersey Jim Towers T.V. & Air Conditioning, Inc.,
a Florida Corporation .-
ADDBESS 512 U.. s. Highway 19 South, Clearwater, Florida PHONE 813/797-:7f.tJ0
AUTHORIZED REPRESENTATIVE (IF ANY) William J. Kimpton, Esquire
ADDRESS 2901 u. S. Highway 19 North, Suite 203, Clearwater, FLPHONE 813/791-0063
LEGAL DESCRIPrION OF PROPERTY (SUBJECT OF REQUEST)
SEE ATTACHED EXHIBIT "A"
GENERAL LOCA'lION Rear of commercial tract in Bamboo Subdivision, off State Road 60,
just South of :Belcher Road in Clearwater (map attached as Exhibit liB").
ACREAGE
78.66' X 305.38' (MOL)
PRESENT ZONING DISTRICT
RS - 8
REQUESTED ZON lriG DISTRICT RM - 8
CI'l'Y COMPREIIENSIVE LAND USE CATIU'!~:i.Y Low Density Residential
COUNTY COMPREHENSIVE LAND USE CATEGORY Low Density Residential
REASON FOR aEQ~EST
Property has no reasonable use under current zoning. Change
will allow owner to request parking of automobiles as a conditional use adjoining
commercial propexty.
IS THE REQUES~ED ZONING DISTRICT IN CONFORMANCE WITH THE CLEARWATER
COWPREHENSIVE LAND USE PLAN? YES X NO
~ote: If the requested zone change is not consistent with the
City's Land Use Plan, the applicant will be required to
file a corresponding application to amend the land use
plall.
~ IS TKE BEQUES~ED'ZONING DISTRICT IN CONFORMANCE WITH THE PIKELLAS COUNTY
COMPREHENSrVE LAND USE PLAN? YES x NO
LIST ANY O'rIlEB PERTINENT INFORMATION SUBMITTED Conditional use was allowed
prior to new development code adoption.
JERSEY JIM TOWERS.T.V. & AIR CONDITIONING, INC.
.
By:
(Signature) Jim Towers, President
Reviewed by:
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LEGAL DESCRIPl'ION:
(REQUf.~TED RE-ZONING)
A parcel of land lying within NE 1/4 of the SE 1/4 of Section 13,
Township 29 South, Range 15 East, Clearwater, Pinellas cOunty,
Florida, more particularly described as follows:
BEGINNING at the southeast corner of Lot 10,
according to plat thereof, as recorded in
of the Public Records of Pinellas County,
S OOo27'24"E, along the east line of said Bamboo Subdivision,
distance of 303.19 feet to the southeast corner of said
Subdivision; Thence S 89017'27"E, 78.61 feet; Thence N 00037 'S7"E,
303.23 feet; Thence N 89021139'~, 84.37 feet to the POINT OF BEGINNI~G,
containing O.57.acres M.D.L.
Bamboo Subdivision,
Plat Book 28, Page 75
Florida; 'Thence
a
Bamboo
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. 21 HH - I> I FLORIDA AOMINISTRATI\lE CODE I TO TH E BEST OF MY KNOWLEOGE ANO aL::l.ItF OF THE ABOVE
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Agenda of the Planning & Zoning Board
Page -3-
(C)
(D)
. !~.
November 4,
1986
Annexation & Zoning
1. Lot 19
Clearwater Industrial Park
(Located S. side of Calumet St. ,
E. of Hercules Ave. )
(Nightingale & Square D Co .)
A 86-26
Request
Annexation & Zoning,
(Limited Industrial)
IL
2. M&B 34.022, Sec. 6-29-16
(Located E. of Old Coachman Road
S. of Campbell Road)
(Brown)
A 86-27
Request
Annexation & Zoning, RS-2
(Single - Family Res idential "Two")
Annexation, Zoning, and Land Use Plan Amendment:
1 .
Lot 7
Blackburn Sub.
(Located W. of
N. of Sunset Point
(Valdes)
A 86-28
19,
U.S. Hwy.
Rd. )
LUP
86-28
Request
Annexation & Zoning, CH
(Highway Commercial)
Land Use
From:
To:
Plan:
Medium Density Residential
Commercial Tourist Facilities
2.
Parcels I & II
(Located W. side
Sunnydale Blvd.
(Finkenbinder}
A 86-29
b,etween
Rd.)
of Belcher Rd.
& Sunset Point
Parcel I:
Lot 1, Pinellas
M&B 32-0llf Sec.
LUP 86-29
Groves Sub.
6-29-16
&
Request
Land
From:
To:
Annexation & Zoning, OL
(Limited Office)
Use Plan:
Medium Density Residential
Residential/Office
. ':. " ',.'t'
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