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01/13/1987 ,( .' . '.' ,::-' ''"'-Y',' }~I~'~<':; :;~'''{;.t ',(; :1/.,:~~/(: .,<:.i;,:, .' ,. ::, ~ .~." " , ': ,~f ' . ,~.' f' .., . . ., '. " "f :/ ,., , "?;~> ... .. ./. " .. :' . " I' '\ ' '-'Hllt1: w' .~' " .. 771 .'. . .;'.1 .,' "1 ' :,' .',j, " . :, l ,: , " . .' " ~ MINUTES PLANNING & ZONING BOARD CITY OF CLEARWATER, FLORIDA JANUARY 13, 1987 - 1:30 PM Melube rs present: Chairman Johnson, Mesdames Nash and Nixon, Messrs. Ferrell, Green, Hogan, and Schwob Also present: M. A. Galbraith, Jr., City Attorney (A) On motion by Ms. Nixon, seconded by Mr. Hogan, minutes 1986 and December 16, 1986 meetings were approved as carried unanimously (7 to 0). of December 2, written. Motion ChaIrman Johnson outlined the procedures for conditional uses and advised that anyone ~dversely 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. (B) Cond~tional Uses: 1. Part Lot 9 and Lots 10, 11, B1k. 1 Northshore Park Sub. (300 Venetian Drive) Richard Owens/Harbor Marine Construction Co. (Capt. J. Ardes) CU 86-99 (CONTINUED FROM MEETING OF DECEMBER 16, 1986 - Refer to minutes 12/16/86 - pages 6-8) . Request Zoned Construction of 12 boat slip Marina AL/C (Aquatic Lands - Coastal) Mr. Richard Owens, applicant, appeared requesting approval of this conditional use application. Mr. O~lens stated he is the owner of a 12-unit apartment building at which an eight-slip dock was placed when the building was constructed 20 years ago. He also stated that since the basin has "silted in" over the last several years he is now only able to allow four boats at the dock. He further stated he is requesting to construct a dock to allow one slip per apartment unit and the tenants of the apartments will be required to sign a twelve-month lease. Mr. Owens advised he has thirteen parking spaces available for tenants and five additional parking spaces on the property. He further advised there will be no need for additional parking since the boat slips will be for tenants only. After questioning by Ms. Nixon, Mr. Owens advised there are twelve boat slips not ten boat slips as the design appears to indicate but that one slip is located at each end of the dock. He also advised, after questioning by Ms. Nixon, the dock and boats will extend approximately 49 feet into the basin from the seawall. ~. .... ,.~""' . :~';. , " '~~ ~", .. \ , -. " ~, .,' , ~ .. " ", . J~. ~~ ~ ~ .'~i "t;}t . ",. " :,:" '... -.--.......-.:_.-0.- Minutes of the Planning & Zoning Board - January 13, 1987 Page -2- In opposition to the above reques t, the following persons appeared to give their comments: Hr. Dennis Henegar, 314 Venetian Dr~ve, advised he suggested at the previous meeting and suggests at this meeting that dredging should be done first and there is no flow of water other than during tide changes. He further advised he has complained to officials about oil slicks in the basin. He expressed concern that persons other than tenants will rent the boat slips and that parking may be a problem. He questioned who will enforce restrictions placed on the apartment owner. Mr. Henegar complained that at another location in the basin maintenance of boats is taking place. After questioning by Mr. Schwob, Mr. Henegar stated he sees oil slicks both on incoming and outgoing tides. ~r. Henegar also stated there are commercial fishing boats in the basin and again questioned who is responsible for enforcement of restrictions. Hr. Morris Rannels, 1835 Venetian Point Drive, expressed concerned about an increased number of docks in the basin. He stated that oil slicks are frequent at his dock but he is not sure where oil slicks originate. Mr. Rannels requested the Board refuse any new slips or any variance for the basin due to congestion and lack of water in the basin. Cap~ain James AIdes, representative of applicant, appeared in final rebuttal on behalf of the applicant. Captain Ardes stated he is not aware of any commercial boat maintenance taking place at subject property at this time. Captain Ardes also stated that it would cost $940,000 to dredge the basin to a depth of seven feet at mean low tide and since this is a private basin the City would not pay for the dredging. He advised he observed an oil slick about one month ago coming from Stevenson Creek and not from residents in the basin. He also advised that oil slicks in the basin are coming from outside of the ba,sin. He stated there are currently no liveaboards at subject property and Mr. Owens does not want 1iveaboards at his property. Captain Ardes also stated that tying boats to the seawall is not possible because of the silting in and it is nearly impossible to get a permit to dredge. Captain Ardes further stated that Mr. Owens wishes only to use his property as he is legally able to do. Ms. Harvey stated this hearing is a continuation of the hearing of December 16, 1986 wherein the applicant applied for a conditional use for a marina in the Aquatic Lands - Coastal zoning district that immediately abuts properties currently zoned RM-8. She also stated that, since the Harbormaster recommended denial of the proposed dock submitted at the December 16 hearing, the Planning Department recommended denial of the conditional use request. She advised that the applicant indicated that this proposal was a second choice and that he had another design he preferred and that he felt the Harbormaster would approve. She further advised that the applicant then submitted the second design to the Harbormaster and toe Harbormaster did approve the second design. The Traffic Engineer made comments at the first hearing concerning parking that would be available for the use of the slips and his concern was that if there was to be any long-term rental of boat slips to persons other than residents there would ':~~t~~:B::~/~~:;J~;:'~F.}0:I{tf>fr4J~~f.~9?~~YH:!':,f~~if~":' :';:.'~~::.' -"".;:- ',.-'~. .... . " I' " ',.,1 . .','~~f ;;':4-l'~~!\.o~. ., ..,..'. ',' . " . ,l. l ".\.,' ~'. "' ,.' . , " '. After further questioning by Mr. would be used strictly for tenants commercial or liveaboard use. Schwob, Mr. Owens advised that the slips of the apartment building and not used for ',. :'",.;:.;?'t,"/'.': ".,' . ........ ',f ~ I < , -: ~.. . J " i' ,.' "- t"' ,~,. .,..... ," i''I'..... ,..... ,-' . I..", v . ".:e~' .0 . .... '.: '. : .' '. ~ '". '. :',',:,::': ,. " .;',~ ' .,', . I", '," G..,',,, .,\....... ~~',;;.:" Minutes of the Planning & Zoning Board - January 13, 1987 Page -3- not be sufficient parking to accommodate that addi tional use. Ms. Harvey stated the Traffic Engineer recommended there should be no long-term rental if no additional parking was provided on site. Ms. Harvey stated the Planning Department recommended approval subject to the following conditions: 1) That the use of the boat slips be restricted to apartment tenants only and there be no outside rental of the boat slips; 2) That approval by the Development Code Adjustment Board of proper variances by obtained; and, 3) That the use permit be procured within six months of the approval of the conditional use. After questioning by Mr. Schwob, Ms. Harvey advised it is her understanding that a variance would be required for location of the dock in terms of setback from the property line. Mr. Owens clarified that the setback variance is the only variance required. a ~ After discussion by Messrs. Hogan, Henegar and Rannels, Ms. Harvey advised that complaints concerning limitations placed on conditional uses should be addressed to the Planning Department. She further advised if no complaints are made the only way staff would know of a violation is if an inspector is in an area and personally observes a violation. Messrs. Ferrell, Green and Schwob assured Mr. Henegar the Planning staff quickly inspects any possible violations. Ms. Nixon stated that even though tenants are the only persons allowed to use boat docks there may still be visitors using parking spaces but it doesn't mean the boat slips are being rented to others. She also noted there are only four more slips being constructed than the eight currently in place. Mr. .Johnson stated he understands both sides presented but feels the Harbormaster sees this type of operation is done correctly. Mr. Schwob stated Section 136.025(c)( 18) of the Land Development Code set several qualifying limitations concerning marinas and feels the Harbormaster is the most knowledgeable individual to make judgements. After questioning by Ms. Nixon, Ms. Harvey advised the notation on the design that refers to left and right property owners is for notification not necessarily approval of the application. Mr. Owens clarified that the left property owner signed the design because he did approve. . Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That the use will be restricted to apartment tenants only; 2) That the variance be approved; and 3) That the use permit be procured within six months of the approval of the conditional use. Motion carried unanimously (7 to 0). :'. ~' " " ~:.ri:;\" . ~1-,..'i,~ I'(.- . . ___ 't\, '- '. ....; ;'.,;: " -',!' . "",~....,:.~, ';y'. ~ I '. . . /.- " f,; ~ -. , .., t,' ,l;. .. ;' , \," , I;;. ", Minutes of the Planning & Zoning Board - January 13, 1987 Page -4- 2. M&B 24.02, Sec. 17-29-16 (2790-2794 Gulf to Bay Boulevard) Orlando West Colonial, Inc. (Stephanie Polk) (Dinker's)/Patrick Quinlan/Ellen M. Conner CU 87-01 Request 4-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CG (General Commercial) Mr. Patrick Quinlan, representative of applicant, appeared requesting approval of this conditional use request. Mr. Quinlan stated the existing business has had a 2-COP license for eight years and he is now requesting to upgrade his license to a 4-COP license. He also stated management has the capability of dispensing alcohol in an intelligent manner. After questioning by Mr. Johnson, Mr. Quinlan advised he is the new owner and he has a history of supervision in some finer restaurants in the country. After questioning by Mr. Hogan, Mr. Quinlan advised he will serve hot and cold sandwiches in addition to alcohol. Mr. Quinlan also advised he hopes to expand his operation to the adjacent storeroom in the future and possibly expand his food menu. No persons appeared in support of or in opposition to the above request. Ms. Harvey advised this request for conditional use is for on premise consumption of alcoholic beverages on property located in the General Commercial zoning district. Ms. Harvey advised the Board the governing sections of the Land Development Code are Sections l36.025(b) and (c)(1). Ms. Harvey advised the Traffic Engineer had no comment and the Police Department verbally advised it saw no reason to deny the license to the applicant. She further advised the applicant is requesting to upgrade their existing 2-COP license to a 4-Cop license. Ms. Harvey advised the Planning Department recommended approval with the condition that the use permit be procured within six months of the approval of the conditional use. Motion was made by Mr. Hogan, seconded by Ms. NiKon, to approve the above request with staff recommendation. Motion carried unanimously (7 to 0). . . ':~~:'::!:;~~~?~~~~~~?:~;: ;::;r;'~;~+:~H?~'~<\\.:~~~;:~~:;r.:~1:;t;~ ~r '.' "4~"IL...il:'"" '.;., "~'",'.i/'. . ".j ~_)u. ~ ~ "~'~1 ~'~~~fJf':jjg:'f,;~:'" t !k~";:~i4.~Jt:.:' ."~' \ "~~.'.!~tl$:\~rlir.,,....., ~l'.. rw:-:!.tf .'~''''j ,,:,.\,..;i.... a' , .,~d ~f';. "J' <"": :.C~: 'll. ": "'" f,,:. i ~1..4 1 , . ., " .'J ":.. ';.}:, '" ." "\""., I . '. . ~ -';, i . I ' , ~ "";;~ ,:-- ..' ... '",,' . J " . , - ,J, ::.>," . ,> ~ 1 . ,,~ ;,' .' . \ ....1 ",.: . , !',,',::";" .., :\ ~ .' i.: ;, "l. . . .,:\., ',' ", ~ Minutes of the Planning & Zoning Board - January 13, 1987 ,{'is''' Page -5- 3. Lots 4, 5, 6, and 7, Blk. 5 Lincoln Place Sub. (1405 North Myrtle Avenue, Unit C) George & Ethel Darlage (Your Tavern)/ Pop Campbell/Walter Booze CU 87-02 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned CN (Neighborhood Commercial) Mr. Walter Booze, applicant, appeared requesting approval of this conditional use request. After questioning by Mr. Johnson, Mr. Booze stated he was unaware of the sign in the window and unaware of any church services on the property. After questioning by Mr. Hogan, Mr. Booze again stated he was unaware of any church services on the property. No persons appeared in support of or in opposition to the above request. . V Ms. Harvey advised this request is for on premise consumption of alcoholic beverages in the Neighborhood Commercial zoning district. She further advised the state license being applied for is a 2-COP license. She also advised the Board the governing sections of the Land Development Code are Sections 136.025(b) and (c)(1). She stated the Traffic Engineer noted in his comments there appears not to be enough parking on site and the Police Department verbally advised it saw no reason to deny license to applicant. Ms. Harvey noted the shopping center is very near several residences and is in an area that is predominantly residentially developed. Ms. Harvey advised that due to the nearness of the residential area Staff has recommended denial of this conditional use application. Mr. Schwob stated there appeared to be two problems at this location, one being the parking problem and one being the close proximity of the residential area. Motion was made by Ms. Nixon, seconded by Mr. Schwob, to deny the above request due to the parking problems and close proximity of residential area. Motion carried unanimously (7 to 0). 4. Lot 48 Woodmont Park Estates (1743 Sharondale Drive) Gerard J. & Marcelia H. Phaneuf CU 87-03 Request Zoned Level I Group Care RS-8 (Single-Family Residential "Eight") . Gerard J. & Marcelia H. Phaneuf, applicants, appeared requesting approval of this conditional use application. Mr. Phaneuf stated they currently operate an ,.... ,""; '\~i};~t~~fJ::,..:: '~!_r . ,,;' ,. _, t .' _',t,_ , . '" '. ,"" ~.. _...w_ . . ';. , ", , r' ~ -.'",-, '. ,': J:'~'" ;..' ::~'":'.~~" ~.,.., > v:;, ~" ,.' ," ... .:.:. I;' _ \"",,- . I,', . -,' .d ,. . ,:~>'-\:> ..' (..; '\' :~'" 71 " : ~ ,. :: ~. \ I . : . , ' ",.; " . ::<" ",1:: '11' .i/O.' "-0.' " ;I..>~'. Minutes of the Planning & Zoning Board - January 13, 1987 Page -6- ACLF and have 5 cared-for persons. He further stated they are asking to house one additional cared -for person. He also stated a small ACLF is a marginal operation and the addition of a sixth individual would assist in stabilizing the ope ration and give them more options to do more for residents. Mrs. Phaneuf stated they have an extra bedroom that had been used by a housekeeper. After questioning by Mr. Johnson, Mr. Phaneuf advised they plan for six cared- for persons and two resident supervisors, those being the Phaneufs. After questioning by Mr. Johnson, Ms. Harvey advised the variance is for lot size only. After questioning by Mr. Schwob, Mrs. Phaneuf advised the ages of the residents range from 78 to 94 years of age and Mrs. Phaneuf has been working in this type facility for fourteen years. Ms. Harvey advised that three letters from area residents'have been received in support of applicants' request. . Ms. Harvey advised this request is for a Level I Group Care facility in the RS-8 zoning district. She further advised the governing sections of the Land Development Code are Sections 136.025(b) and (c)(14) and also Section 136.020 which sets some restrictions for group care in the City of Clearwater. She advised the Traffic Engineer stated that the application is not correct in that it stated there were six off-street parking spaces. Ms. Harvey advised the application appears to indicate the group care facility involves 8 residents, 6 cared-for persons and 2 resident supervisors. Ms. Harvey stated that the house contains 2,620 square feet and 2,000 are required for 8 residents, the lot contains 7,725 square feet and 9,000 are required, and the parking available is three spaces, which is required for 8 persons living in the home. Ms. Harvey also stated the applicant has applied for a variance of the lot size. She further stated that staff recommended approval subject to the following conditions: 1) That a variance for the lot size be approved; 2) That the facility house a maximum of 8 residents (6 cared for persons and 2 resident supervisors); and, 3) That the use permit be procured within six months of the approval of the conditional use. Mr. Green stated he was impressed that no persons appeared in opposition to this application and that letters were received in support of the application. . Motion was made by Mr. Green, seconded by Mr. Schwob, to approve the above conditional use subject to the following: 1) That a variance for the lot size be approved; 2) That the facility house a maximum of 8 residents (6 cared for persons and 2 resident supervisors); and, 3) That the use permit be procured within aix months of the approval of the conditional use. Motion carried unanimously (7 to 0). ,,' \ 'i, " ~.:<lJ, ..; ~.. ^"\'j~::;~;~~~\~i,:;~(:,:,:,)YjA~~~:~ff;~??~r,.~. ;.:..t. ~~- , ~_._'. " ,', ..' 't'\ ': < '.' '<> ,<r ,.. .' ., ,;,,~. ..t. ,,<: ',:' t )., ;'" " ! .,.', .r.":' . .;. . , " l' ':;":;'1 ".." '\ !..t o ,',' '. . -"l ,.', i "', , ,'. :,1 ' '. ; . ,. .. " ,,', , ',' ". 'I ~ ~ Minutes of the Planning & Zoning Board - January 13, 1987 Page -7- 5. Lots 6 through 9, Blk. 2 E. P. Merritt's Sub. (504 Seminole Street) Rose L. Kirby/John o. Kirby CD 87-04 Req ues t Zoned Level 11 Group Care RM-8 (Multiple-Family Residential "Eight") Mr. John o. Kirby, representative of applicant, appeared requesting approval of this conditional use application. Mr. Kirby stated his State license is being held up waiting for approval from the City of Clearwater. He further stated if additional parking is needed, there are available lots next door to the subject property. After questioning by Mr. Schwob, Mr. Kirby stated he is aware this conditional use is for twenty cared-for persons. After questioning by Mr. Hogan, Mr. Kirby clarified that there will be no other persons than the maximum twenty cared-for persons and two resident supervisors and there is no intention of applicant housing "outside guests." Ms. Harvey advised one letter of support was received from Mental Health Services of Upper Pinellas, Inc. . Ms. Harvey advised this conditional use request is for Level II Group Care facility located in the RM-8 zoning district and that Level II Group Care is a facility that houses eleven to twenty persons plus two resident supervisors. She also advised that this applicant had previously requested rezoning in order to accommodate more than twenty cared-for individuals, which requests were denied. Ms. Harvey stated the applicant is now asking for an ACLF without the intent of rezoning the existing property. She also stated the governing sections of the Land Development Code are Sections 136.025(b) and (c)(15) and Section 136.020. She stated the Traffic Engineer had no comment. Ms. Harvey commented the house, at best calculations, is approximately 7,600 square feet and 4,800 square feet are required for twenty cared-for persons and two resident supervisors. She also commented the lot area is 35,000 square feet and 30,000 square feet are required for twenty cared-for persons and two resident supervisors. Ms. Harvey advised staff was unable to determine an accurate number of parking spaces on site but there are more spaces than the five required plus any used by nonresident supervisors. Ms. Harvey advised that staff recommended approval subject to the following: 1) That the State license for an ACLF must be obtained; and 2) That the use permit be procured within six months of the approval of the conditional use. Motion was made by Mr. Schwob, seconded by Mr. Hogan, to approve the above conditional use subject to the following: 1) That the State license for an ACLF must be obtained; and 2) That the use permit be procured within six months of the approval of the conditional use. . H '. ~'\i:iG;:~>':: :i:" : ~ ',Mk~::,}:':i.:,~\>:: i,::j~~:i~~!~~A~:;,~:- .. ~.....:.. __l_.......:._ t", , , I, . !' ~- ~...---=~ . - , ~, " .. , '\' " . c:: :) - " /'" -, " ~ ,I \ '.' ':. , ,', '.. ..- -.. e';;:': ,}i;,,>, '...1' Minutes of the Planning & Zoning Board - January 13, 1987 Page -9- 2. Part Lot 6 Clearwater Industrial Park (Located on the S. side of Sunnydale Boulevard, E. of Hercules Avenue) (Tanko Screw Products Corp.) A 86-38 Request - Annexation & Zoning~ 1L (Limited Industrial) Ms. Harvey it is applicant public hearing, and and Zoning Meeting set would contact the applicant and the February 3, 1987 meeting. a requirement present at a to the Planning for the or the she for Motion was made by Mr. Schwob, seconded subject application to the Planning and Zoning 3, 1987. Motion carried unanimously (7 to 0). by Mr. Green, Meeting to scheduled continue the above for February (D) Annexation, Zoning & Land Use Plan Amendment: . 1. 1 1 1 Lots 1 Vacated Lots Lots Lots 26, 26, 26, 26, Blk. Blk. Blk. 29, 30, 31, Blk. 32, Streets, Chautauqua Unit 4, Sec. A Portion of M&B 41.00, Sec. 32-28-16 (Located N. side of 10th Ave. S [Union St.] between Second St. E & Soule Rd. [Third St. E)) (Pinellas Area Council, Boy Scouts of America) A 86-26 LUP 86-32 (CONTINUED FROM MEETING OF DECEMBER 16, 1986) Request - Annexation & Zoning, RS-4 (Single-Family Residential "Four") . Mr. Bill 19.32 acre Street East preserve as landscaping. $225,000 to $300,000 will be process of developing fifteen also advised there are Stevens Designer Homes purchase three acrea at a price considerably Stevens stated he was approached by the Boy type homes and his care for preser'l8tion of trees advised one reason he was awarded the contract was Stevens, Stevens portion on and Soule many trees as He further the north Road. Mr. Designer lIomes~ side of the parcel of Avenue South it is '. :.::~ . ,'(,.r.,,;; ~::" ',' ',J, , . :':.;',:' ~,', " '"".:,'; . \-\ 'j ,,' ,II.., . " ,:'. .,'. , '~. 'j' , <., .,.' ~Ja'lIflIllilrl1ll""'" ~ Minutes of the Planning & Zoning Board - January 13, 1987 ~ Page -10- that he have the right to assign to the City of Clearwater the portion of the lakefront property containing approximately 2.24 acres. He also advised the City ha~ in its possession a contract for purchase of this parcel. He stated the RS-4 zoning is not his request but is necessary because of the City"s situation in that the subj ect property is the main property that makes all surrounding developments eligible to be annexed into the City of Clearwater. He stated the Planning Department has recommended RS-4 zoning because our lot size is approKimately 16,000 square feet which is required for low residential zoning in the County. He also stated Stevens Designer Homes is proposing to develop thirty-two single-family homes on the parcel and each lot is proposed to be approximately 17,000 square feet. Mr. Stevens advised his contract with the Boy Scouts states that he will not have to make off-site improvements. He also stated the donation of and the City's purchase of the environmentally sensitive land is contingent upon his contract with the Boy Scouts following through to completion. After questioning by Mr. Johnson, Mr. Stevens stated he isn't sure if it is within the Planning and Zoning Board's jurisdiction to make any changes or alterations to lot assessment fees. . After questioning by Mr. Hogan, Mr. Stevens stated submitted to the City of Clearwater on an ingress/egress is permissible. the site plan has not been official basis and one . Ms. Harvey stated this is a request for annexation and zoning for a large piece of property adjacent to Soule Road just north of 10th Avenue S. and is identified on the Land Use Plan as Union Street. She also stated the property is currently in the County, is contiguous to City limits, and is eligible to be annexed. Ms. Harvey advised that both City water and sewer are available to the property and the Public Works department commented that because of the layout of the old plat it is requested that all abutting rights-of-way be included in the annexation. She also advised the property owner is requesting RS-4 zoning and will necessitate an amendment to the Land Use Plan. She further advised this property is classified as Low Density Residential on the City plan and is classified as Suburban Low Density Residential on the County plan, which is the classification on the County plan for Lake Chatauqua Estates on the west and Chelsea Woods to the east. Ms. Harvey stated a Florida Power easement transverses the property east to west, the City has contracted for the property adjacent to Lake Chatauqua at the north end of the site, Lake Chatauqua Estates is currently being developed to the west, and to the East is the Chelsea Wood development, the north end of which has been dedicated to the City of Clearwater. She further stated that by the developers' and the City's design it is hopeful the area surrounding the lake will remain Open Space/Recreational and protect the lake. She also stated Union Street is proposed to be improved on through Landmark Drive to McMullen-Booth Road. Ms. Harvey stated that the subject of transportation improvements will be addressed but it is not within this Board's authority to address this subject and is not a condition to the anneKation and zoning. She further stated the estimated number of proposed lots on the property is accurate and the number isn't expected to change. She advised the Impact Assessment is a requirement ":~~:;~~i)YFS~f,!(;}~\\:~;ll.~i~~~ lir.;~{,','.'~;',.; .'. ..' '>:.,:~K:.;;:,:\D:."' ., "';,/,::.1 .' . . ,< .. , " ,'. . ,.: ~ " ,r" .1.", ".. ....:. , ~ J .. '. o. ''',,:( ,.'.{.,:.:':\ .' \ ':.' . "; . " ," ~ . ..' " ...,' z' '.' ,.".,. ." .f"I."'1 ,I " '/ . ,.,.. " ~;.~,.J ~ t~ \ " " ': I, "'I ',1..':.:, ~....,., ~r'.~:::. :;":1'" Minutes of the Planning and Zoning Board - January 13, 1987 Page -11- of the Land Use Plan that is being considered and the Environmental staff noted that it appears there needs to be some corrections on the information provided. Ms. Harvey advised these corrections not necessarily need be made before this Board or Ci ty Commission has reviewed and taken action on the subject annexation. .,-, ",., ',I, Ms. Harvey stated the most controversial aspect of the project, other than the open space being developed, is deciding the most appropriate zoning classification on the property. Ms. Harvey also stated the classification of RS-4 is not inappropriate in staff's opinion because it is a classification that the City will be able to handle and it is a classification that is not detrimental to the neighborhood or the environment. Ms. Harvey further stated there is a limitation on the County plan that allows no greater a density than the density in the surrounding developments, that being a gross density of 2.5 units per acre. She advised the City is not proposing to change the density and staff is recommending the 2.5 units per acre be a condition of approval. She also advised this condition will restrict the development to less units per acre than are allowed in an RS-4 zoning district and by State law and the City's Ordinance the County Land Use Plan governs the density development in the City of Clearwater. She advised, as mentioned earlier, the 16,000 to 17,000 square foot lot size is between RS-2 which requires minimum lot size of 20,000 square feet and RS-4 which requires a minimum of 10,000 square feet and, therefore, the zoning must be classified as RS-4. She further advised the Chelsea Woods development and Elysium development, when annexed into the City of Clearwater, will receive an RS-4 zoning unless it is the opinion of this 130ard and the City Commission that these developments be nonconforming with the annexation and zoning of RS-2. She also advised that the developers were notified under the Agreements to Annex that RS-4 would be. the recommended zoning. Ms. Harvey stated the three-acre parkland parcel proposed to be sold to the City of Clearwater is designated on the County Land Use Plan as Preservation and the City does not propose to change that designation. She further stated the City proposes to keep an Open Space designation on that portion to regulate the ability to keep structures from being built on the property. She also stated if the City does not purchase the property it will be available to the developer for calculating density; however, it is nearly an impossible task to have the County remove the classification of Preservation on the property. . Ms. Harvey advised that staff recommended approval of the annexation, RS-4 zoning and Low Density Residential Land Use Plan amendment subj ect to the following: 1) That the City's request to the County for amendment to the County Plan be to only the Suburban/Low Density Residential category of 2.5 units per acre and only on that portion occupied now by the Florida Power easement and the land south of said easement and that, in fact, the Preservation area remain intact on the County plan; and 2) That the consultants to the Impact Assessment work with the Environmental Management staff to make the necessary corrections to the Impact Assessment prior to submission to and review by the City of the Preliminary Plat. , '. , .' :"'/" ~ ~': ..~~,~~.~., ~:'.:'" .: ,':.'."'f' , ..>I"~ '....;' .', . .L.' _; '" ___ .il.t ',"'. 1.> \':' ., , , ' ~. 'j', ,I .' ~;r~\ l:"";l ... l ." ~, ;,';>. .j: ." . .:' r" ,: . \ :':, . , \ \ , , ." " ~ , ' ',_1 ;" . ,,' I .'''", " ' '\ ....:.i).;.: . ,'.:, .. . ....... ~.. ",~ ',.. e".,.... ." ",~.", ,.'i~~', ,',. Minutes of the Planning & Zoning Board - January 13, 1987 Page -12- After questioning by Mr. Hogan, Me. Harvey stated Florida Power has an "easement" not a "right-of-way" and it can be part of platted lot but not that part on which a structure would placed. Ms. Harvey stated that there are currently no plans for the installation of a traffic light at U.S. 19 and McCormick Drive. In opposition to the above request, the following persons appeared to give their comments: Mr. Kenneth King, developer of Lake Chatauqua Estates, stated he has submitted written objection to the proposed development and he felt that the rezoning to RS-4 would be "spot zoning." He further stated the property should be zoned RS-2 and 20,000 square foot lots should be required. He also stated if property is 20ned RS-4 that the lots could be made smaller to the minimum 10,000 square feet in the future. a t!fJI Mr. Douglas Roa,ch, 2135 U.S. 19, stated he is one of the owners of Lake Chatauqua Estates and he is speaking on behalf of absent owners as well. He also stated Chels ea Woods Subdi vis ion is made up of 16,000 square foot lots and was developed in the County with County rights-of-way and streetways. He further stated that Lake Chatauqua Estate was required by the City to develop 20,000 square foot lots but was actually developed with 25,000 square foot lots because of the layout of the land. Mr. Roach felt for these reasons the subject property would be considered "spot zoning." He felt the City should require the developer to develop at the very least 18,000 square foot lots. He also felt the property should be zoned RS-2 and a variance approved for 18,000 square foot lots. After questioning by Mr. Schwob, Ms. Harvey advised that 2.5 units per acre would equal approximately 16,000 square foot lots which is required by the County. After questioning by Mr. Green, Ms. Harvey advised staff is recommending RS-4 zoning and the classification on the County plan is Suburban Low Density Residential and limits the deve lopment to 2.5 units per gross acre. She further advised the zoning requi rement established by the County is 16,000 square feet. Mr. Ferrell stated that 2.5 units per acre equals to 17,424 square foot lots. Ms. Harvey stated this is the same classification as the surrounding developments in the area. . In rebllttal, Mr. Stevens stated if there is a poss ible way to res trict the zoning he would have no objection. He further stated if the County Land Use Plan specified two units per acre as opposed to 2.5 units per acre he would accept that as the controlling guideline. He also stated if the Board would care to zone the property RS-2 with a 16,000 square foot restriction he would also be agreeable. " :.' . . ':: :'::/':':i:::-;:~~f:~ifY:~'~";:!~f:~ .'" , .' , :. -: . \ \i~ , ~ ,./' . :',.:.',.... -"J.,' '.. , , ' ~ " I' .!. v.........-.;u , . ,.'.' ..:.. . _~''''~.' _'_ ,._,~.~ ,--,__,.:'~"'" _.l~._.':': L ~. t ;. , . ,'; ~,'t'"' ."~ ~) ~ . ,~...:..\ Minutes of the Planning & Zoning Board - January 13, 1987 Page -13- Ms. Harvey stated the Board must either approve RS-2 or RS-4 zoning classifications and each has its own minimum square footage requirement. She further stated one mechanism available to the City is the County Land Use Plan which balances the limitation factor be tween the RS-2 and RS-4 zonings. She advised the Board that, if it approves the above request, a condition of the approval should be the limiting factor of 2.5 units per acre. Ms. Ni xon exp res sed 25,000 square feet development. concern that as opposed to the the lot size in Lake Chatauqua Estate is 16,000 square feet for the proposed Mr. King stated if RS-4 zoning is allowed there is on the proposed development being made smaller minimum because that is all that will be required. the possibility of the lots to the 10,000 square foot . Ms. Nixon felt one thing the Board should consider is that the Impact Statement did say that there were three species of special concern on that particular piece of property. She also stated she read in the paper the Environmental Manager said that this was the last stand of sand pine uplands in the County and that this particular piece of property should not be developed at all. She stated she did not feel that this particular piece of property should be developed but would like to see the City and the County purchase it. She also stated she would not be in favor of planning any zoning change but would be in favor of annexing. Ms. Harvey stated the City was not approached about purchasing the property. She stated further that the property is privately owned and the City has an obligation to consider some sort of development of property unless an area is so sensitive from an environmental standpoint that nothing can be built on it. She also stated the comments made by the Environmental Manager himself were personal comments but is not a position of the City of Clearwater. Ms. Harvey advised that at this point unless there is an appropriation made by the City Commission for the purchase of this property, it is not an option available to the City and its not an option for consideration by this Board. She also advised if the Board wants to make that a recommendation and not take any action on this request except to deny it is the Board'""s privilege to do so, but the City has never had an opportunity, nor was the City approached, to purchase this property by the owners. Ms. Nixon stated it is her understanding the property will not be developed unless the applicant gets the particular zoning classification he wants and she would like to see this Board recommend to the City that it find the money to purchase it. She also felt the City and the County, since the County does own property along with it, would like to pursue that option before it is developed, and if the City decides it does not want to purchase the property then it would be open for other purchasers. . Mr. Hogan expressed concern that if the property were zoned RS-4 smaller lots could be developed in the future and felt RS-2 zoning is appropriate. ..' ."'.t" .', . . " -.. ~ \., " !' ~.~ . " , -' . ~ # :'.'-: :.,~~~~'/;.~.<jJ~;. .. :..~':..... -. 'I. " r - , , '.ft ~ ,,_<.r .: ".:-: ':.;\::~~~~::;J?t.:,):;~ '., , ,.;. '-:, .:(, J, ...:__ ......"." ". : ~~~ 1<'., .f .' . \ I ~I ; " .. ':. .. ,', ' @).:.", \- l~t \. ".~\5( Minutes of the Planning & Zoning Board - January 13, 1987 Page -14- Mr. Green felt the 2.5 units per acre requirement will be a safeguard, but maybe there should be a classification between RS-2 and RS-4 zonings. He further stated he did not feel there was a question of spot zoning because the parcel is large and is compatible with the parcels to the east. Mr. Green stated he was in favor of the recommendation by staff. Mr. Hogan felt if the property was zoned RS-4, even with restrictions, there would be a good case in court that the minimum lot requirement for RS-4 zoning is 10,000 square feet. Ms. Harvey advised that the 2.5 units per acre requirement by the County would limit any developer. She further advised if the property was zoned RS-2 the property would still have the same 2.5 units per acre requirement. Mr. Ferrell stated it must prepared to purchase may classified as RS-2 zoning. also be considered that the property the City is not be available if the subject property is . Ms. Harvey stated that a house could not actually be built on the portion of land zoned Open Space/Recreational but it could be included in the platted lot and would be private land not public land. Mr. Schwob felt if the City ends up with parkland and 2.5 units per acre is established for' the remaining portion of the property, though it may not be ideal, it may be appropriate. Ms. Nixon stated that the parkland is always going to be there regardless of who develops it and the City is still going to have the right to purchase that particular piece of property parkland and felt the City should exhaust all other means before it is rezoned. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the annexation, RS-4 zoning and Low Density Residential Land Use Plan amendment subject to the following: 1) That the City"'s request to the County for amendment to the County Plan be to only the Suburban/Low Density Residential category of 2.5 units per acre and only on that portion occupied now by the Florida Power easement and the land south of said easement and that, in fact, the Preservation area remain intact on the County plan; and 2) That the consultants to the Impact Assessment work with the Environmental Management staff to make the necessary corrections to the Impact Assessment prior to submission to and review by the City of the Preliminary Plat. Motion carried (5 to 2) with Ms. Nixon and Mr. Rogan voting "nay." . ;,~ .' . ",~.~: .~:,(.;,;':,:::,,;~~ <... ' . :'(' . .1' .. ,.' ~. 'j, "'~ ,r ..~ ;"l::.lt,~~?~~'l.t: /-1.' I ,~,' ! , '.',~ i'.'" , . '., " ,., ' , '.. :, ,,~ .....,..... I' '. ; ,'. ; \.: .. .. .\ ," \ ! .' '. ., ;, ,"'", " '.~ .... " , ' ~.. ,~'; ..." , , ',' .. '. " .,,'.,' ,. ,.", . " I .1 ' e'.'if:" ." ~ ,,",J 0;; r Minutes of the Planning & Zoning Board - January 13, 1987 Page -15- (E) (Zoning Atlas Amendment): 1. Lots 2, 3, & Part Lot 1, Blk. 2 Gorra Sub. Lots 1, 13, 14, 23 & Part Lot 22 Sue Barco Sub. and adjacent vacated streets Lots, 1, 2, 3, 8, 9, 10 F. T. Blish Sub. Unplatted parcel to the W. of Lot 10, F. T. Blish Sub. (Located at the W. end of Nicholson St. and just landward of Seminole Boat Landing) (Clearwater Bay Marine/Werder/Levinson/ Coleman/Chadwick) Z 86-23 Zoning Atlas: FROM: CN (Neighborhood Commercial) TO: CG (General Commercial) . Mr. Emil Marquardt, representative of applicants, stated the applicants request a change in the Zoning Atlas from Neighborhood Commercial to General Commercial for the subject property. He advised the property located in Gorra Subdi vision is owned by Clearwater Bay Marine; the property located in Sue Barco Subdivision and the adjacent vacated streets and property located in F. T. Blish Subdivision and known as Lot 10 and the unplatted parcel to the west of Lot 10 are owned by Barbara Werder and Joan D. Levinson; and the property located in F. '1'. Blish Subdivision and known as Lots 1, 2, 3, 8 and "9 are owned by Curtis Coleman, Nancy o. Coleman, Frank D. Chadwick and Marion R. Chadwick. He further advised the property owned by Coleman/Chadwick is under contract for purchase by Clea~ater Bay Marine. He stated the General Commercial zoning is requested in order for Clearwater Bay Marine to develop the subject property for uses supportive of its operation. He advised the General Commercial zoning will allow Clearwater Bay Marine to have outdoor retail boat sales, displays and storage which would not be allowed under Neighborhood Commercial zoning. Mr. Marquardt felt this request is compatible with area uses. Mr. Marquardt stated the proposed buildings will be in the front of the property along Ft. Harrison and the storage would only be behind the retail facility. Mr. Marquardt stated that deliveries would be made from Osceola Avenue and not from Ft. Harrison. . Ms. Harvey stated this is a request for rezoning of properties presently classified under the Land Use Plan as Commercial/Touris t Facilities from Neighborhood Commercial to General Commercial. She advised this request was prompted by the proposed outdoor retail boat sales, <lisplays and storage adjacent to Clearwater Bay Marine. Ms. Harvey stated several years ago Ft. Harrison had been designated on the Land Use Plan as Residential/Office and the zoning was General Commercial. She further stated the zoning remained 'f . " ,:~ ' ," ;. .'-;I"~;~';:;i' ~.;);'<:):.~~;~.~; I,:,:: :"::.Jt~:t;~~~!.\;;, '. ..;~!. -: .. " . . ~:I ", ,,1- ~. " ,>'" '. . ..: ',' . ~i," . " "j '. . , .', . ,I' ';,' ."r "'~"" . .....1. , . I "< .,' "'. .1:'.:,"':. . I.'. .'..';." . 1'- ,t , I ". \1,' " . ",' ' , " .'. . . .. \.' . ~ W Minutes of the Planning & Zoning Board - January 13t 1987 Page -16- intact for quite a whilet still classified as Residential/Office on the Land Use Plan. She stated tha~, by specific direction of the City Commission, the classification on the Land Use Plan had been changed to Commercial because it seemed impractical to preclude retail development along Ft. Harrison. She advised that change was made with the knowledge that staff was rewriting the new Code and when the new Code and the zoning atlas were completed these properties along Ft. Harrison received a Neighborhood Commercial type category. She also advised it was not the City Commission's intent to have the same commercial category on Ft. Harrison that is on other major thoroughfares in the City. Ms. Harvey stated there is a similar use regarding the sale of boats on Ft. Harrison in the Neighborhood Commercial category but all work must be done inside. She also stated other boat operations along Ft. Harrison are far from aesthetic and have caused many problems in regard to keeping establishments clean and keeping boats in and out of the right-of-way. She stated, though this may not happen with the applicantt there is the potential with commercial zoning and the greatest concern is the impact this commercial zoning will have on North Ward school immediately adjacent to subject property and the impact on the existing residences still remaining in the area. She advised that the intent of the Neighborhood Commercial zoning is for the establishment of commercial establishments that will serve the residences in that area and staff thinks that is appropriate. Ms. Harvey advised that staff recommended denial of the above application due to the potential impact to the area if General Commercial zoning is granted. In rebuttal, Mr. Marquardt stated he felt the impact would be favorable rather than detrimental. After questioning by Ms. Nixon, Ms. Harvey stated the concern of staff is the General Commercial on Ft. Harrison would set a precedence and others would request the same zoning. Mr. Schwob stated he agreed that such zoning may set a precedence and that others along Ft. Harrison may request the same zoning. Mr. Green also agreed and suggested the Land Development Code be amended to include outdoor boat storage as a conditional use in the Neighborhood Commercial zoning district. Motion was made by Mr. Schwob, seconded by Mr. Green, to deny the above request for Zoning Atlas amendment. Motion carried unanimously (7 to 0). Motion was made by Mr. Green, seconded by Ms. Nixon, to recommend to the City Commission that outdoor boat storage be included as a conditional use on land contiguous to open waterways in a Neighborhood Commercial zoning dis trict. Motion carried unanimously (7 to 0). . ;: ""':;':!~~,~,~~:':::,),~. ,;:,:: -':..{,~:.;~;:~:~'y<.~..::~ " . .', ......,. . . --~._, ,'. " : '.~' . 1 .' '.1 ... +~, ,':.' . ,'( J." " . ;.' ,., ' " ' 9 Minutes of the Planning & Zoning Board - January 13, 1987 Page -17- (ll) Zoning Atlas & Land Use Plan Amendments: 1. M&B 31.02, Sec. (Located on S. side on the E. to the (City) Z 86-20 16-29-16 of S. R. Clearwater 60 adjacent Treatment Facility) LUP 86-37 Land Use Plan: FROM: Recreation/Open Space ~: P~blic/Semi-Public Zoning Atlas: FROM: OS/R (Open Space/Recreation) TO: p/Sp (P~blic/Semi Public) . advised this is Sewer Treatment Plant Bayshore Boulevard and the City wants to that in the near future treatment plant and the with zoning regulations Ms. llar'ley to the East and advised feels property owned on the Boulevard She also the Ci ty by the City of Clearwater adjacent south side of Gulf to Bay classified as Recreation/Open Space. maintain ownership of the property, but there will be an opportunity to expand the land is needed to do so. She stated that in accordance this cannot be done unless the zoning is changed to P~blic/Semi-P~blic which allows this as a permitted use. Ms. Harvey advised staff recommended approval of the above application. Motion was amendments made to the Public and the (Public/Semi-Public). by Land seconded by Mr. Schwob, from Recreation/Open Space to Public/Semi- aS/R (Open Space Recreation) unanimously (7 to 0). to approve the Mr. Hogan, Use Plan Zoning Atlas from Motion carried to P/sP 2. Portion of accreted land lying south of and between Lots 1 & 2, Blk. D Bayside Shores Sub. (Located on SW Corner at intersection of Clearwater Pass Ave. & Gulfview Blvd.) (Lane CleanNater Ltd. Partnership/City) Z 86-21 LUP 86-38 Land Use Plan: FROM: Recreation/Open Space 70: Commercial/Tourist Facilities Zoni.ng nOM: 70: A.tlas: OSIR (Open Space/Recreation) CR-28 (Resort Commercial "Twenty-eight") . ."; ..t<"\t"... ,I::.,'" ";.,{' "f ' '.""1', :','+:,: 1"': \' '.. . "I .',:, ;;i';t \."1- -\..:,.: Minutes of the Planning & Zoning Board - January 13, 1987 Page -18- 4. Portion of accreted land lying between the south lot line of Lot 2, Blk. A. Bayside Shore Sub. (Located on SE corner of Clearwater Pass and South Shore Boulevard) (Fisherman's Wharf of Clearwater, lnc./City) Z 86-21 LUP 86-38 Land Use Plan: FROM: Recreation/Open Space TO: Low Density Residential Zoning Atlas: FROM: OS/R (Open Space/Recreation) TO: CB (Beach Commercial) The Board discussed Items (F) 2 and (F) applications pertained to the same subject. 4 simultaneously since both . Ms. Harvey advised the above two subjects are City initiated requests for a Land Use Plan amendment from Recreation/Open Space to Commercial/Tourist Facilities and Zoning Atlas amendments from OS/R (Open Space/Recreation) to CR-28 (Resort Commercial) for Item (F) 2 and from OS/R (Open Space/Recreation) to CB (Beach Commercial) for Item (F) 4. Ms. Harvey stated the request for Item (F) 2 was made to correct the zoning line that makes the distinction between Open Space/Recreation and Resort Commercial, which had been placed incorrectly through the hotel building. Ms. Harvey stated line that makes Commercial. which the request for Item (F) 4 was made to correct the zoning the distinction between Open Space/Recreation and Beach had been placed incorrectly through the restaurant building. Ms. Harvey advised that staff recommended approval of the Land Use Plan amendment from Recreation/Open Space to Commercial/Tourist Facilities and Zoning Atlas amendments from OS/R (Open Space/Recreation) to CR-28 (Resort Commercial) for Item (F) 2 and from OS/R (Open Space/Recreation) to CB (Beach Commercial) for Item (F) 4. Mr. Arthur Short. representative Hilton's appreciation for the correctj.ng the zoning lines. of the owne rs cooperation of of the Hilton. the City of expressed Clearwater the in . Motion was made by Mr. Schwab. seconded by Mr. Ferrell, to approve the Land Use Plan amendment from Recreation/Open Space to Commercial/Tourist Facilities and Zoning Atlas amendments from OS/R (Open Space/Recreation) to CR-28 (Resort Commercial) for Item (F) 2 and from OS/R (Open Space/Recreation) to CB (Beach Commercial) for Item (F) 4. , ""U'," , . ,~ ' . J ,',.',~, . . :',,"1', j' . : ",' \' ". '<, -:,,; ..~. \ "\' : .~' 'I' :'. ' J,~ ~, , i', " '!', '::.,' :"/; ..'. J, ".'" ,l, ':.j": , '~,' '.'< \ ,. 'I ~ < .. ~ I ! . -;';, , . ,., - ,.; \. .', ,,' >',:: i'," ..:.';'~ .' ", .~ "~ ~, " ~:",', I " o -- Minutes of the Planning & Zoning Board - January 13, 1987 Page -19- 3. Land lying between coastal construction control line and west lot line of the following described property: Parcel II Lots 10-17, Blk. 69, Lots 1-14, Blk. 70 Mandalay Sub., M&B 32.01, Sec. 32-28-15 Parcel 12 Lots 1-5 and Part Lot 6 Mandalay Point Sub., Sec. 32-28-15 & Sec. 5-29-25 (Located on the west side of Eldorado Avenue, north of Island Drive) (Multiple/City) Z 86-22 LUP 86-39 Land Use Plan.: FROK: Recreation/Open Space TO: Low Density Residential Zoning Atlas: Parcel 1 FROM: TO: OS/R (Open Space/Recreation) RS-8 (Single-Family Residential "Eight") OS/R (Open Space/Recreation) RS-4 (Single-Family Residential "Four") Parcel 2 FROM: TO: . Ms. Harvey advised this is a City initiated request to the extent that staff is recommending an amendment to the Zoning Atlas and Land Use Plan to rectify a problem in locating the Open Space/Recreation district. Ms. Harvey stated a search of all involved properties was done and every deed defines ownership as "land to mean high water." She further stated the State es tablished the Coastal Construction Line for safety purposes. Ms. Harvey advised consistency should be maintained along the entire corridor of single family homes. Ms. Harvey advised staff recommended approval of the above request to allow the Open Space/Recreation line be moved to maintain consistency in that construction up to the Coastal Construction Line be allowed as requested by the involved property owners as are all others on Clearwater Beach. . Mr. Norman Froehlch, representative of homeowners association, stated he is not in opposition to the above request. After questioning by Mr. Froehlch, Ms. Harvey stated this will allow the property owners to request development up to the Coastal Construction Line. After further questioning, Ms. Harvey advised the additional land would be available for consideration for development just as is for everyone else on the beach but only for single family development. She further advised that no multiple family or commercial zoning is being requested. She also advised Mr. Froehlch there would not be enough land for an additional home to be constructed in the rear of an existing home and the zoning laws allow for only one home per lot. Mr. Froehlch advised Ms. Harvey that some homeowners are grading land between the seawall and the shoreline. Ms. Harvey advised Mr. Froehlch that if and when he sees this grading being done he should call the City"s Public Works Department as it should be reported and they are the controlling department. ':,,"',~ ' .. .: ~ t" '.~.;';(~~:':f~\~pE:~(~~{~~ '. , " . ' .. ~, ...~. -~ ~~~~"'- 1.. _ )(,' .', ,l)'/" ~ ;1 . '" . ~" ,,', I, 1) I. \;,' , . , ' ",','t" !i" ,:,t' ;" ',' , ,,, ":,,': IF, ., 't ,. " :.1, '" ,',' ,.fl, "t',. " .~i~*;\- " Minutes of the Planning & Zoning Board - January 13, 1987 Page -20- Motion was made to the Land Use the Zoning Atlas (Single-Family Residential Space/Recreation) to RS-4 unanimously (7 to 0). ,\",.", by Mr. Hogan, seconded by Ms. Nixon, to approve the amendments Plan from Recreation/Open Space to Low Density Residential and (Open Space/Recreation) to RS-8 and for Parcel 2 from OS/R (Open Residential "Four"). Motion carried for Parcel 1 from OS/R "Eight") (Single-Family (G) Land Development Code Amendment: 1. Chapter 132.005 and Chapter 132.007 To eliminate the requirement that all contiguous property under one ownership be annexed simultaneously with the annexation of a single parcel. Ms. the this amendment Mr. Stevens to annex is currently under the owns the property advised . Harvey advised request of the property also She also property this places required to be was initiated his property by staff and was into the ownership of the Boy to the north of the property there is a section in the Land Development under one ownership must be all be annexed at a hardship on the Boy Scout Council that be annexed, their's would be looking at thousands of dollars of open City of Clearwater. She stated staff Commission to delete this as Commission intends a "policy" and new all property under prompted by City. She advised Scout Council, who proposed to be annexed. Code that requires one time. She stated if all their property was considered developed and they would space fees necessary to pay the is asking this Board and the City a requirement in the City Code; however, the City and staff is recommending that this requirement be kept as annexation applicants will be advised of this "policy" that one ownership be annexed at one time. Motion was amendments made by Mr. Hogan, to the Land Development Code. seconded by Mr. Schwob, to approve Motion carried unanimously (H) Chairman's Items 1. Election of Planning and Zoning Board Chairman A. Nominations - JOHN B. JOHNSON 2. Election of Planning and Zoning Board Vice Chairman A. Nominations - EDWIN G. HOGAN the above (7 to 0). Motion was made by Mr. Green, as Chairman (7 to 0). seconded by Mr. and Edwin G. Schwob, to accept nominations Hogan as Vice Chairman. of Motion John B. Johnson carried unanimously . u ~~1f~~'~~(~.~~,; .><~ t.l~~'t~t~~~lf~'~ iti~~~.:',' ;:.::,:t:~~ ~~:',:~ ~J.:~:~ f:JlY~t.f?i;~;""'_I.,,~~,. r.;'ll.?"!JrN'.ttJiloi.i(:.;'~. \fftt I.. <e(" .....~.~... ,,;" :~,;,' ~.~ ,', i"~'r< ;'.\,:c."~:: :~:~~:, . .':'~'(:}>::~r,:};': .:Y::::.:~';'i'"; ;>':~~r,;f ',"" , .' <?f;~~:?F;(i ::/:',.: :", ,,:~ .:;..~;;,t'i ~~:':~,:~,::' , '~.' ~ . ", '1, , ~.' , " '-..J..,," .(.'.... ,"~', , .',4f" "., .' ::" l. /.7.. -:...._--- ;.l:~ ,..:1<;, ,'" .," " ~',' "'..,I)" :..J(,(;"1"rN(/ (, ' ',. I. ", "-:',01'1. .' .,_.;~ ~ -; .:";" :.' . .e "., ,I ',' ~ :- }.. " '.t;..' '/~' ~,. ; " \0 ;;';'" 1);,_ I:~ " . '.',1" Minute~ of the Planning & Zoning Board -- ,Janl.lU,r'Y 1.3, :1.987 Page -2-- 2. M&B 24.02, Sec. 17-'29--16 (2790-2794 Gulf \.0 Bay Boulevard) Orlando West Colonial, rnc. (Stephanie Polk) (Oinker'sl/patrice Quinlan/Ellen M. Conner CU B7-01 Requef.it 4-COP (On Premise Consumption of Alcoholic Beverages) CG (General Commercial) Zo ne d 3. Lots lit 5,6. and 7, BlI<. 5 Lincoln Place Sub (1405 North Myrtle Avenue, Unit Cl George & E~hel Darlage (Your Tavernll Pop Campbell/Walter Booze CU 87-02 Request 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CN (Neighborhood Commercial) 4. Lot 48 Waodmont Park Estates (1743 Sharondale Drive) Gerard J. & Marcelia H. Phaneuf CU 87-03 !=lequest Zoned Level I Group Care RS-B (Single-Family Residential "Eightll) 5. Lots 6 through 9, BlIl 2 E. P. Merritt's Sub. (SOli Seminole Street) !=lose L. Kirb':j/John O. Kirby CD 87-04 Request Zoned Level RM-B II Group Care (Multiple-Family Residential "Eight." ) ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ a~~~~eI!QM_~_lQM!UQ_I_LeMQ_U5~_ebeM_B~~tlQtlEMI5: (1) Statement of case by applicant 5.inutes (2) Presentation by staff 5 .inu~es (31 Comments from public in support/opposition individual 3 .inutes spokesperson for group - 10 .inu~es (4) Public Hearings are closed (5) Discussion/Action by Board ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- ,.": .: .', ~,.r. ' '!)', .'~L:' ,:'\ ,,' . 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':"V;: - i , ,1',,,'1 .;\. ~;'~{i }:. ';y.: ~ , , ~'. ,. I 3 Land l~ing between cuastal construcLion control line and weSL lot line of the following described propp.rty ei.c.~~l_tl Lots 10-17, 81k 69, Lots 1-14, Blk 70 Mandalay Sub I M&D 32 01, Sec 32-28-15 E.!!-rs~l_!s Lots 1-5 and Part Lot 6 Mandalay Point Sub ,Sec 32-28-15 & See 5-29-25 f~' .'''!i ~~!~\,~~~ .,it;) ~If{ .:is;~k: .' .'. 1 \' I ;~. \ ~~.~ t: .~ f.. ': , . Agenda of the Planning & Zoning Board - January 13, 1987 Page -5- , ; \' ~'...l. .',,>', 1:'1,; " t ." ,\~ 'f i~ .1,:;.. i' r? , ;1 \ I" "iJ \ t I \' ;' i :f9!!!!HI_fH.!i.!-~ Parcell FROM: TO Parcel 2 FROM: TO OS/R (Open Space/Recreation) RS-B (Single-Family Residential OS/R (Open Space/Recreation) RS-4 (Single-Family Residential "Eight") ! j -i , 1 ':I ; ~ J \ ) .. .:;\ '..' ;1 I. i ~ , 1 . .; '::';1 ~::. 'l (Located on the west side of Eldorado Avenue, north of Island Drive) (Multiple/Ci1.yl bE!!HLYat!_eln!J. : FROM: Recreation/Open Space TO: Low Density Residential "Four") 4. Portion of accre~ed land lying between the south lot line of lot 2, Blk A, Bayside Shore Sub (Located on SE corner of Clearwater Pass and South Shore Boulevard) (Fisherman's Wharf of Clearwater, Inc ICity) , I .j J; \ bs[uLU alL e!E!:!J. : FROM: Recrea~ion/Open Space TO: Low Densi~y Residential :1 ~.J r ~ /1 I ~,g!!i!!g_a.1:.lE:2 FROM: OS/R (Open Space/Recreation) TO: CB tBeach Commercial) . ~ ",) ':'; :j .~ (G) benE_Y~~~lg~mgn~_~Eg~_~~~!!~m~n~: 1. Chapter 182.005 and Chapter 132.007 To eli~inate the requirenent that all contiguous property under one ownership be annexed simultaneously with the annexation of a single parcel , {; 1 it r . ~I ..1 ,-t. -"') -01 i . \. .~ . i ...X " ,\ " 'f ., w '^ . ~.':., '. ice,,"~ ,,", ;:'f1'i~I{i:;!:<~j? 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