03/31/1987
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MINUTES
PLANNING & ZONING BOARD
MARCH 31, 1987 1:30 PM
Members present:
Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Green,
Hogan and Schwob
(A)
1.
Motion was
the minutes
unanimously
made by Mr. Schwob,
of the March 3,
(6 to 0).
seconded
1987 meeting
by
as
Mr. Ferrell, to approve
written. Motion carried
(A)
2.
Motion was made by Mr.
minutes of March 11,
unanimously (6 to 0).
approve the
carried
Schwob,
1987
seconded by
meeting as
Ms. Nixon, to
written. Motion
Chairman Johnson
anyone
regard
outlined
ad~ersely affected
to conditional uses,
appeal through the City
appealing a decision of this
support the appeal.
the procedures
by a decision
has
for conditional uses and advised that
of the Planning and Zoning Board, with
two weeks from this date in which to file an
Clerk's Office. Florida Law requires any party
Board to have a record of the proceedings to
(B)
Condit~onal Uses:
1. M&B 41.04, Sec. 13-29S-1SE, together with
Lot 2
Bamboo Sub. Replat
(2119 Gulf to Bay Boulevard)
80S Investments, a Florida General
Partnership/William J. Kimpton
CU 87-14
(COtiTlNUED PROM MEETING OF
KARCH 17, 1987)
Request
Zoned
Noncommercial Parking
CG (General Commercial)
RM-8 (Multi-Family Residential "Eight")
Ms. Harvey advised the abo~e
She also advised the application
reheard at the Planning and
application
is being
Zoning meeting
has been requested to be withdrawn.
re~ised and will be scheduled to be
in April, 1987.
Motion was made
withdrawal of
by Mr. Green,
the above conditional use.
seconded by
Motion
Mr. Schwob, to approve
carried unanimously
the
(6 to 0).
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Minutes of the Planning and Zoning Board - March 31, 1987
Page -2-
2.
Lots 1 and 2
Gulfview Sub.
(1608 North Ft. Harrison)
Nell M. Lester/Jerry Patterson
CU 87-20
(CONTINUED FROM MEETING OF
HAReR 17, 1987)
Request.
Zoned
Business Service
eN (Neighborhood Commercial)
Ms. Patricia Muscarella, representative of applicant, appeared requesting
approval of this conditional use. She st.ated t.he applicant moved from 1618 N.
Ft. Harrison to 1608 N. Ft. Harrison and has operated a marine sales and
services business since 1974. She also st.ated that. Mr. Patterson was unaware
of the need for conditional use approval since his business was
"grandfathered" in at his former location. She also advised his business
service consisted of approximately 15% of his total business.
One letter in support was received from Mr. James Powell, 1609 North Osceola
A.venue.
Ms. Harvey advised this request for conditional use is for business service in
the Neighborhood Commercial zoning district. She furt.her advised the governing
sections of the Land Development Code are Sections 136.025(b) and (c)(6). She
also advised the Building Department had no objections and the Traffic
Engineer had no comments. Ms. Harvey stated that staff recommended approval of
the conditional use with the following conditions: 1) That there be no repairs
of materials outside the building; and 2) That the use permit be procured
within six months of approval of the conditional use.
After questioning by Mr. Green, Ms. Muscarella stated Mr. Patterson would have
no problems with the conditions of approval.
After questioning by Mr. Schwob, Mr. Patterson ad~ised he int.ends to install
ant.ennae on vessels at the location of the subject property. Ms. Muscarella
stated antennae installation would be related to the sales portion of the
business not the repair portion of the business. Ms. Harvey advised that the
selling and installing of goods would be accept.able but questioned if the
property had room to park boats for installation. Ms. Harvey stated she was
unaware that antennae installation was taking place at the subject property.
Mr. Johnson stated he thought Mr. Patterson sold electronic equipment and it
was installed at another location. MS. Muscarella advised the repair of small
equipment takes place inside the building but. the installation of antennae is
done outside and Mr. Patt.erson installs antennae approximately one t.ime every
two weeks.
After questioning by Mr. Schwob, Mr. Patt.erson stated t.he size of the boats on
which the antennae are installed is from 16 feet to 21 feet and tne
installation is done under a carport.
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Page -3-
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Mr. Schwob felt the installation of antennae would be appropriate and stated
such installation is not noisy or disruptive.
Ms. Harvey advised she is not clear as to what category installation of
equipment on boats would qualify, but felt storage is beyond the business
concept. Ms. Harvey stated her concern is assuring that large vessels are not
parked on premises for 2 or 3 days and other than the comm.ercial zoning
dis trict there is no provision for outdoor storage of vehicles. She further
stated the issue of outdoor storage on North Ft. Harrison has been reviewed in
the past and one applicant was required to construct a building for storage of
boats. She also stated it is better not to have other property owners on Ft.
Harrison perceive that one applicant would be permitted outside storage of
boats while other applicants were not. Ms. Harvey stated she would not like to
see the Board authorize a use that is not provided for in the Code.
After questioning by Ms. Nixon, Mr. Patterson advised boats are stored for no
more than one working day and boats are not stored over night.
After questioning by Mr. Hogan, Mr. Patterson stated he had a larger space at
his previous site but there is enough room at his new location.
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Ms. Harvey requested the Board continue the application and further requested
the applicant submit, in writing, complete details what the operation includes
in order for the Planning Department to get a written interpretation as to how
this use would be classified and whether or not the request is permitted.
Motion was made by Mr. Hogan, seconded by Mr. Ferrell, to continue the above
conditional use until the Planning and Zoning meeting scheduled for April 14,
1987. Motion carried unanimously (6 to 0).
3. M&B 11.13, Sec. 18-29S-16E
(100 U.S. Hwy. 19 South)
Bert Jackson/Maureen Mack/
Larry Dimmitt Volkswagen, Inc.
CU 87-21
(CONTINUED FROH HEETING OF
IlARCH 17, 1987)
Request
Temporary Building for
Automobile Sales Office
CH (Highway Commercial)
Zoned
.
Mr. Joshua Magidson, representative of applicant, appeared requesting approval
of this conditional use. Mr. Magidson advised that delays in completing the
permanent building for the above has caused the applicant to request approval
a second time for the temporary building. He advised the Board that in order
for applicant to acquire a franchise to Suzuki it is necessary to have a
separate sales office. He further advised that a lease with the owner of the
property will expire in May. 1987 and the owner will extend the lease month to
month until necessary. He also stated the building is expected to be completed
well before December, 1987.
No persons appeared in support of or in opposition to the above request.
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Page -4-
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Ms. Harvey advised this request for conditional use is for a temporary
building for auto sales in the Highway Commercial zoning district,
specifically at Larry Dimmi tt Volkswagen. She also advised the governing
sections of the Land Development Code are Sections 136.017(d) and l36.025(b).
She further advised the Traffic Engineer had no comments and the Building
Department objected based on the fact that the trailer is in place and has
exceeded the permitted time under prior permits. Ms. Harvey stated this Board
previously reviewed and approved this conditional use request on December 3,
1985, subject to the use being allowed until December 31, 1986. She also
stated the dealership is proposing to construct a permanent building at
another location to handle this portion of the dealership and the building has
not been completed in the time frame originally anticipated. Ms. Harvey
advised that staff recommended approval of this request for conditional use
subject to the use being terminated December 31, 1987. Ms. Harvey advised the
applicant that another request will not be looked on favorably.
Motion was made by Mr. Ferrell, seconded by Ms. Nixon, to approve the request
for a temporary building for auto sales with such approval to expire on
December 31, 1987. Motion carried unanimously (6 to 0).
4. M&B 23.11, Sec. 17-29S-16E
(430 Park Place Boulevard, Suite 500)
Gulf Bay Venture/Metro Development Corp.
(Capriccio's)/Alfonso Rossi
CU 87-22
(CONTINUED FROM KEETING
OF KARCH 17, 1987)
Request - 2-COP (On Premise Consumption of
Alcoholic Beverages)
Zoned CC (Commercial Center)
Mr. Alfonso Rossi, applicant, appeared requesting approval of this conditional
use. Mr. Rossi stated he is requesting a approval of a 2-COP license for use
in his restaurant which has a seating capacity of 90 to 95 persons and which
will serve Italian cuisine. After questioning by Mr. Johnson, Mr. Rossi
advised he intends to open his restaurant in 2 to 3 months. After questioning
by Mr. Schwob, Mr. Rossi advised he has had previous experience with
restaurants in both ffillsborough and Pinellas Counties.
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 consump-
tion of alcohol beverages in the Commercial Center zoning district, and the
location is in the Metro Park Place Development on Gulf to Bay Boulevard. She
also advised the request is specifically for a 2-COP license and the governing
sections of the Land Development Code are Sections 136.025(b) and (c)(I). She
further advised neither the Traffic Engineer nor Building Department had
objection and the Police Department saw no reason to deny the license to the
applicant. Ms. Harvey stated that staff recommended approval subj ect to the
use permit being procured within six months of anproval of the conditional
use.
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Page -5-
- March 31, 1987
Motion was made by Mr. Schwob, seconded by Mr. Hogan, to approve the above
request subject to the use permit being procured within six months of approval
of the conditional use. Motion carried unanimously (6 to 0).
5. M&B 43.03, Sec. 30-28S-16E
(2560 u.S. Hwy. 19 North)
Hinely Associates, Ltd. (Ramada Inn Cafe)
CU 87-23
(CONTINUED FROK MEETING OF
HARCH 17, 1987)
Request
4-COP-S (On Premise Consumption and
Package Sales of Alcoholic Beverages)
CR-28 (Resort Commercial "Twenty-eight")
Zoned
Ms. Margena Hinely, applicant, appeared requesting approval of this
conditional use. Ms. Hinely stated there was previous approval given for
facilities known as "Affairs." Ms. Hinely advised that Hinely A.ssociates had
acquired the property approximately 2 years ago and until this time has leased
the restaurant, lounge and banquet facilities. She also advised that Hinely
Associates has decided to operate the restaurant and banquet facilities rather
than leasing to individuals in order that the restaurant be an asset to the
hotel. She stated that it is the intent of Hinely Associates not to lease the
restaurant facilities again and for this reason Hinely Associates has
requested the change of designation to a 4-Cop-s license from a 4-COP-SIDC
license.
No persons appeared in support of or in opposition to the above request.
Ms. Harvey advised this request for conditional use is for on p~emise consump-
tion and package sales of alcoholic beverages in a Resort Commercial "Twenty-
eight" zoning district located at Countryside Boulevard and !J.S. Hwy. 19. She
also advised the reques t is specifically for a 4-COp-S license and the
governing sections of the Land Development Code are Sections 136.025(b) and
(c)(I) and (c)(2). She further advised neither the Traffic Engineer nor
Building Department had objection and the Police Department saw no reason to
deny the license to the applicant. MS. Harvey pointed out that this Board had
approved on premise consumption of alcoholic beverages at this location on
December 3, 1985. Ms. Harvey stated that staff recommended approval subject to
the use permit being procured within six months of approval of the conditional
use.
Motion was made by Mr. Schwob, seconded by Mr~ Hogan, to approve the above
request subject to the use permit being procured within siK months of approval
of the conditional use. Motion carried unanimously (6 to 0).
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Page -6-
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6. Lot 1, Blk. 10,
Aiken Sub.
F. F. P. Co. (Eagle's Nest Lounge)/
Emil Marq~ardt, Jr.
Cll 87-24
(CONTINUED FROII MEETING
OF MARCH 17, 1987)
Request
4-COP (On Premises Consumption of
Alcoholic Beverages)
UC(E) [Urban Center (East)]
Zoned
Mr. Emil Marquardt~ representative of applicants Mr. and Mrs. Ralph Bowser,
appeared requesting approval of this conditional use. Mr. Marquardt stated
that the Bowsers have no relationship with any person who formerly owned the
Tick Tock Lounge. He advised the Bowsers relocated from Massachusetts
approximately two years ago, own a home on Island Estates, have six children,
and have been looking for a business to own and operate since they moved to
Florida. He further stated the Bowsers have entered into a contract to
purchase the subject property from First Florida who foreclosed against the
former owner approximately one year ago. He advised the Board the contract is
contingent upon approval to operate as a cocktail lounge. He advised the sale
of the property involves a substantial amount of property and the Bowsers will
be spending between $20,000 and $25~000 to make necessary repairs along with
the same amount to renovate the lounge. Mr. Marquardt advised that, though
the Clearwater Housing Authority has expressed some concerns about a lounge
operating in this particular location, the Bowsers do not feel the type of
operation planned will cause the same type of problems experienced in the past
years with this lounge. Mr. Marquardt stated the Bowsers plan to have an
owner-operated lounge that will cater to b~sinesses located downtown such as
government offices, newspapers, and other such businesses, which will be a
different clientele than clientele previously frequenting the lounge. He also
stated the Bowsers will not operate with the same name and will meet some of
the needs in the business district; and, the Bowsers have requested no package
sales. Mr. Marquardt felt a cocktail lounge in this area would not be
incompatible with the surrounding area because the zoning in the downtown
district allows such a use and felt it would be unfair to compare the new
owners with previous owners. Mr. Marquardt stated the lounge was in operation
before Ralph Richards Towers was constructed. He also stated the Bowsers
understand that, if after renovations, repairs, etc. are made, there is the
possibility of having their license taken away if the b~siness in not
conducted properly. Mr. Marquardt stated that the use has been in place for a
long time, felt under the Code the use is compatible, and requested the Board
give favorable consideration to this request.
After questioning by Mr. Schwob, Mr. Marquardt advised that Mrs. Bowser had
experience in Massachusetts managing and working in a similar facility.
.
After questioning by Mr. Hogan, Mr. Marquardt stated the Bowsers plan to have
no entertainment in the lounge.
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Page -]-
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Ms. Harvey advised this request for conditional use is for on premise consump-
tion of alcoholic beverages in the Urban Center (Eastern Corridor) zoning
district, and the state license being applied for is the 4-COP 1icense. She
also advised the Building Department had no objection; the Traffic Engineer
noted the parking for this location is "grandfathered" in; and, the Police
Department saw no reason to deny the license to the applicant. She further
advised the governing sections of the Land Development Code are Sections
136.025(b) and (c)(l). Ms. Harvey pointed out to the Board this location is
the location of the former "Tick Tock Lounge" which has now been sold and new
owners wish to operate a cocktail lounge at this location. Ms. Harvey stated
the "downtown district, " unlike other zoning dis tricts in Clearwater,
purposely intends very intensive-like development and encourages mixed-use
development, including residential, retail, restaurant, hotel, some light
industry and manufacturing, and office uses. She further stated all these uses
would not be distinguished in a particular location within the downtown
district. She also stated there are some limitations that the Community
Redevelopment Plan and the ability of the eRA to extend money for specific
types of development but the long-range plan for. the subject location and all
area west of Ralph Richards Towers would be developed into retail and
restaurant uses. She also stated most restaurants would have alcoholic
beverage sales and the Planning Department is in a difficult position to
advise the Board that the lounge is inappropriate because Ralph Richards
Towers is across the street. Ms. Harvey advised that, when looking forward to
what might be developed in the downtown area, there is the possibility of one
building or one block being developed with residential uses, hotel units,
restaurants and lounges together--some in the same building--as in other urban
centers throughout Florida and the rest of the country. Ms. Harvey brought
this to the attention of the Board because of concerns about distance
limitations in terms of approving alcoholic beverage sales in a location and
its proximity to residences and churches.
Ms. Harvey asked the Board to consider what is trying to be achieved in the
downtown districL and reminded the Board that there were alcoholic beverages
sales in this location and others when Ralph Richards Towers was built. She
stated she is uncomfortable recommending to the Board that it is not
appropriate for alcoholic beverage sales to continue at this location or
nearby another residential development in the downtown area. Ms. Harvey also
stated that, because it is her responsibility as Planning Director to the
redevelopment of the downtown area and looking forward to new uses and new
owners being able to establish businesses in the downtown area, the Planning
Department is recommending approval of the application subj ect to the use
permit being obtained within six months of approval of the conditional use.
.
Ms. Harvey advised the following have been submitted in opposition to the
above request: 1) a Resolution from Clearwater Housing Authority stating its
opposition to a cocktail lounge at this location; 2) a petition in support of
the Resolution from residents of Ralph Richards Towers; and a summary printout
from the Police Department of what appears to be incidents occurring at
subject location.
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Page -8-
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The following persons appeared in opposition to give their comments:
Hr. Howard Groth, Clea~ater Rousing Authority Commissioner, stated he is not
opposed to the applicants but is opposed to the clientele and felt a more
expensive lounge to lead to a better class of drunk. He stated Clearwater is
not the same Clearwater as 35 years ago, the surrounding neighborhood is
changing and felt these changes should be taken into consideration. He stated
that there have been 33 police incidences; the parking situation is difficult;
and objection should be taken into consideration at this time rather than
after the applicants make a heavy investment.
Ms. Anne Stoddard, President of the residents of Ralph Richards ~owers, stated
many elderly and handicapped persons live in the building. She stated the
residents have been fearful of clientele, vandalism, and drugs outside the
lounge. She also stated the residents have experienced loud noises late at
night and many were fearful of going to sleep.
Mrs. Lois Cormier, 625 McLennan Street, stated she is not a nearby resident.
She expressed her concern as a Clearwater resident and pointed out conditional
use standards and distance rules. She felt the lounge would be incompatible
with surrounding uses and considering the closeness of residences the Board
should deny the application.
A
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In rebuttal, Mr. Marquardt felt a person's perception of how a lounge is
operated may depend on one's background. He stressed the amount of money that
the Bowsers will be investing. He further felt the responsibilities of
operating a lounge are different than a few years ago and the Bowsers have an
interest in protecting themselves and not jeopardizing their operation. He
felt it is not fair to turn this application down because of the past record
of the es tablishment. He further felt that when Ralph Richards Towers was
constructed the Clearwater Housing Authority knew what was across the streets.
Mr. Marquardt requested the Board to base its decision on the current
applicants and not on past owners.
Mr. Johnson felt the Board's responsibility should be considered when thinking
about noise, parking, and overall area being affected. He further felt the
Board should do what it can to help upgrade the City of Clearwater.
Mr. Schwab stated it is a dif ficult decision in that it is nice to see the
area upgraded but felt that any bar that close to Ralph Richards Towers will
be a conflict rather than a compatible use. He further stated a successful
lounge could be located elsewhere.
Mr. Hogan agreed with Mr. Schwab and felt that residents have a right to quiet
Mr. Hogan also felt it may be possible to control what happens inside a bar
but not outside a bar. He stated he also wants to see businesses attracted to
Clearwater.
.
Ms. Nixon felt that a restaurant with a liquor license located at the subject
premises may be looked at more favorably than a regular lounge. She also felt
that with so little parking it would be difficult to attract a high-class
clientele and, regardless of the quality of the owners, some clientele of
previous owners would still be attracted.
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Minutes of the Planning and Zoning Board - March 31, 1987
Page -9-
Mr. Green felt the parking situation is poor and it is a difficult decision to
make. Mr. Green stated, if the Board says no to new owners, it is diminishing
the value of what was foreclosed on by the bank and some property rights may
be taken away. Mr. Green stated, if the application would be approved, he felt
it would be appropriate to place limitations on the use. Mr. Green expressed
concern about removing rights that were already in place.
Mr. Ferrell agreed with Mr. Green and suggested a time limitation be placed on
the use.
Motion was made by Mr. Ferrell, seconded by Mr. Green, to approve the above
request with the condition that the use permit be procured within six months
of approval of the conditional use. Motion failed (2 to 4), with Messrs. Green
and Ferrell voting "aye" and Ms. Nixon, Messrs. Hogan and Schwob, and Chairman
Johnson voting '.nay."
7. M&B 32.03, SEC. 32-28S-26E
(2285 u.S. 19 North)
Lawrence H. Dimmitt (Dimmitt Chevrolet)
CU 87-25
Request
Outdoor Retail Sales, Storage
and/or Displays
CH (Highway Commercial)
Zoned
Ms. Patricia Muscarella, representative of applicant, appeared requesting
approval of this conditional use. She stated this area is approximately a 1.6
acres of overall Dimmitt dealership and is the last phase of entire
dealership. After questioning by Mr. Schwob, Ms. Muscarella advised the
display limitation will cause no problem.
No persons appeared in support of or in opposition to the above request.
Ms. Harvey advised this request for conditional use is for outdoor retail
sales, storage and display in the Highway Commercial zoning district. She
stated the governing sections of the Land Development Code are Sections
136.025(b) and (c)(22). She advised the application is for an "in fill" of the
DilllIl1itt Dealership property on the east side of U.S. Hwy. 19, south of
Enterprise Road and is to be included in the overall dealership. She also
advised the Traffic Engineer commented that the display must be limited to the
area shown on the site plan. She advised the Traffic Engineer's comment stems
from the existing Dimmitt dealership using rights-of-way for parking. Ms.
Harvey advised that staff recommended approval of the above request subject to
the following: 1) That the building permit be procured within six months from
the date of the certification of the final site plan; and 2) That the vehicle
display be limited to the area so designated on the site plan.
Ms. Nixon expressed concern that, according to the site plan, it appears that
many trees will be removed.
Motion was made by Mr. Schwab, seconded by Mr. Green, to approve the above
request subject to the following: 1) That the building permit be procured
within six mouths from the date of the certification of the final site plan;
and 2) That the vehicle display be limited to the area so designated on the
site plan. Motion carried unanimously (5 to 1), with Ms. Nixon voting '~nay."
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Minutes of the Planning and Zoning Board - March 31, 1987
Page -10-
.
8.
Lot 3, Blk. 20
Gould Ewing Second Edition
(635 Cleveland Street)
Nicholas Hoban/Chris Drossos
CU 87-26
Zoned
2-COP (On Premise Consumption of
Alcoholic Beverages)
UC(C) - [Urban Center (Core)]
Request
Mr. Chris Drossos, applicant, appeared requesting approval of this conditional
use. Mr. Drossos stated this is his third restaurant and felt he has a very
nice place in downtown.
No persons appeared in support of or in opposition to the above request.
Ms. Harvey advised this request for conditional use is for on premises
consumption of alcoholic beverages in the Urban Center (Core) district) and
the applicant is specifically applying for a 2-COP license. She also advised
the governing sections of the Land Development Code are Sections 136.025(b)
and (c)(I). She further advised the Traffic Engineer had no comments and the
Police Department saw no reason to deny the license to the applicant. Ms.
Harvey stated tnat staff recommended approval subject to the use permit being
procured within six months of approval of the conditional use.
~
.
Motion was made by Mr. Hogan) seconded by Mr. Ferrell, to approve the above
request subject to the use permit being procured within six months of approval
of the conditional use. Motion carried unanimously (6 to 0).
ee) Annexations and Zonings
1. Lot 1) John~s Parkway Sub. and
Part M&B 24.02, Sec. 16-29S-16E
(located on the South side of
John""s Parkway)
(Sofarelli)
Ii 87-10
(CONTIN1JED PROM MEETING OF MARCIl 17, 1987)
Request - Annexation and Zoning) RS-8
(Single-Family Residential "Eight")
The above property is located on the south side of John's Parkway.
The applicant was not present.
Mr. Pruitt advised this request is for annexation and RS-8 (Single-Family
Residential "Eight") zoning. He also advised the property is now vacant but is
proposed to be developed with two single family residences. He further advised
that City water and sewer are available. Mr. Pruitt advised that staff
recommended approval of che annexation and RS-8 zoning.
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Page -11-
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Motion was made by Mr. Hogan,
annexation and RS-8 (Single-Family
unanimously (6 to 0).
seconded
Residential
by Mr. Schwob, to
"Eight") zoning. Motion
approve the
carried
2. Lot 27, Blk. B
Harbor Vista Sub. and
Part of Vacated Playground
(located on the North side of
Vista Way, East of Sylvan Drive)
(Wright)
A 87-11
Request
Annexation and Zoning, RS-8
(Single-Family Residential "Eight")
The above property is located on the north side of Vista Way, east of Sylvan
Drive.
The applicant was not present.
Mr.
Pruitt advised
Residential "Eight") zoning.
single family residence is
available. Mr. Pruitt advised
annexation and RS-8 zoning.
this
req ues t is
He also
proposed.
that
for annexat ion and RS-8
advised the property
He further advised
staff recommended
(Single-Family
is now vacant but a
that City water is
approval of the
.
Motion was made by Mr. Schwob, seconded by
annexation and RS-8 (Single-Family Residential
unanimously (6 to 0).
Mr. Ferrell, to
"Eight") zoning. Motion
approve the
carried
CD)
Land Use Plan and Zoning Atlas Amendment
1. Lots 2 through 6, Blk. C
Jurgen's Addition Revised AND
M&B 23.07, Section 10-29S-15E
(located on the Northeast corner at
the intersection of ~orth Myrtle
Avenue and Metto Street)
(Church of God by Faith, Inc.)
Z 87-4 LUP 87-6
(CONTINlJED FROM MEETINC OF MARCH 17, 1987)
Land Use Plan:
PROM: Commercial Tourist Facilities and
Low Density Residential
70: Public/Semi-Public
.
Zoning Atlas:
FROM: CN (Neighborhood Commercial)
RM-8 (Multi-Family Residential
70: p/Sp (Public/Semi-Public)
and
"Eight")
The above property
North Myrtle Avenue
is located on the
and Metto Street.
northeast
corner
at
the
intersection
of
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Minutes of the Planning and Zoning Board - March 31, 1987
Page -12-
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Mr. James E. Mack,
Church has purchased
storefront.
Deacon of the Church of God by Faith, Inc., stated the
the land to build a church which is currently housed in a
Mr. Pruitt advised this request is for Land Use Plan amendment from
Commercial/Tourist Facilities and Low Density Residential to Public/Semi-
Public and a Zoning Atlas amendment from CN (Neighborhood Commercial) and RM-8
(Multiple-Family Residential "Eight") to P/SP (Public/Semi-Public). He advised
a church is proposed to be developed on the property. Mr. Pruitt stated the
surrounding properties consist of single family residences to the west and
north, duplexes to the east and south, and a restaurant to the south.
Mr. Pruitt stated the use is compatible with surrounding uses. He advised
staff recommended approval of the Land Use Plan amendment from
Commercial/Tourist Facilities and Low Density Residential to Public/Semi-
Public and a Zoning Atlas amendment from CN (Neighborhood Commercial) and RM-8
(Multiple-Family Residential "Eight") to P/SP (Public/Semi-Public).
Motion was made by Mr. Hogan, seconded by Mr. Schwob, to approve the Land Use
Plan amendment from Commercial/Tourist Facilities and Low Density Residential
to Public/Semi-Public and a Zoning Atlas amendment from CN (Neighborhood
Commercial) and RM-8 (Multiple-Family Residential "Eight") to P/Sp
(Public/Semi-Public). Motion carried unanimously (6 to 0).
2.
Lots 1 and 2
Pennsylvania Sub.
(located on the Northwest corner at
Intersection of Palmetto Street and
Pennsylvania Avenue)
(Evans)
Z 87-5 LUP 87-7
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Land Use Plan:
FROK: Low Density Residential
TO: Public/Semi-Public
Zoning Atlas:
FROM: RM-8 (Multi-Family Residential "Eight")
TO: P/SP (Public/Semi-Public)
The above property is located on the northwest corner at the intersection of
Palmetto Street and Pennsylvania Avenue.
Ms. Patricia Muscarella, representative of applicant, stated the applicants
own a restaurant at the subject location and intend to change from a
restaurant to a day care center. She further stated significant renovations
will be made to the building and the day care center will provide a needed
service to working parents in the area.
.
Mr. Pruitt advised this request is for Land Use Plan amendment from Low
Density Residential to Public/Semi-Public and a Zoning Atlas amendment from
RM-8 (Multiple-Family Residential "Eight") to P/Sp (Public/Semi-Public). He
advised the owner proposes to seek approval of a conditional use to permit the
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development of a day care center if the property is rezoned to p/sp. He also
stated the property is presently being use commercially. Mr. Pruitt stated the
surrounding properties consist of single family residences to the north, a
church to the east and vacant lots to the south and west. Mr. Pruitt stated a
petition has been received containing approximately 168 signatures in support
of the day care center, along with a letter of support from the St. John
Primitive Baptist Church. Mr. Pruitt advised staff recom.mended the Land Use
Plan amendment from Low Density Residential to Public/Semi-Public and a Zoning
At 1as amendment from RM-8 (Multiple-Family Residential "Eight") to pISP
(Public/Semi-Public) be approved.
After questioning by Mr. Schwob, Mr. Pruitt advised the Board will consider a
conditional use for a day care center at a future date if the Land Use Plan
amendment and Zoning Atlas amendment are approved.
After questioning by Mr. Hogan, Mr. Pruitt advised that a day care center is a
conditional use allowed in the Public/Semi-Public zoning district.
Ms. Harvey advised that "child day care" does not make the distinction between
public and private and it is considered to be appropriate for applicant to be
applying for the child day care under the Public/Semi,-Public district. She
further advised it is the use itself that is presumed to be cOJU.pat ib1e with
other uses in a zoning district, and there is no distinction in the Code as to
whether a child day care center is publicly or privately owned. She also
advised the general description of a district is not intended to be all
. inclusive, but gives a concept of what the district is. Ms. Harvey clarified
that if the Public/Semi-Public zoning is approved by this Board and the City
Commission the applicant will then come before this Board for approval of a
conditional use of child care.
Motion was made by Mr. Schwob, seconded by Mr. Hogan, to approve the
Plan amendment from Low Density Residential to Public/Semi-Public and
Atlas amendment from RM-8 (Multiple-Family Residential "Eight")
(Public/Semi-Public). Motion carried unanimously (6 to 0).
Land Use
a Zoning
to P /SP
(8) Chairman's Items
Mr. Johnson commented he enjoyed the Advisory Board Dinner. Ms. Harvey stated
it gives the Commission a chance to say "thank you" to all the ad.,isory boards
and the Comadssion heavily depends on the decisions made. She also stated the
Commissioners have commented how much the Board's work is appreciated.
(F) Df.rector's Items
.
Ms. Harvey advised that the Dock of the Bay appeal before the Rearing Officer
regarding Conditional Use 86-83 was heard last week. She also advised the City
is not sure how the appeal will be decided. She further advised that a
previous Motion to Dismiss was denied by the Hearing Officer, but the Motion
was presented at the appeal hearing and the Hearing Officer said he would
entertain the Motion through written findings following the hearing and before
he made the decision on the appeal. She also stated when the Rearing Officer
specifically asked the prior owner of Dock of the Bay would he gain anything
from the appeal, the prior own~r answered "no."
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.DATE
INCIDENT
REPORT (I
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TICK TOCK LOUNGE 200 S. Prospect
)J I~eJ.E Report 1/ Date Incident Report 1/
La.~( (..C. ,-",. ,_. .. . ..- .'.- .-..o.o
8/3/85 Gr. Th/Tre~~Warn. 85-19671 i 10/5/85 Drunk/Disorderlv Conduct / AR8;;-2 5315_
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8/6/85, Found Property 85-19879 I 10/7/85 Battery 85-25451
3/9/85 Child Neglect/~arr Arr 85-20144 I ,10/8/85 Stolen Auto 85-25552
I
8/22/85 Fighting/Brawling/Tres. 85-21438 11 10/12/85 Battery/Possible 85-25902
1,\
9/3/85 Info/Assault 85-22416 ~ 10/12/85 Tres. Warning 85-25935
I 10/12/85 Battery 85-25956
9/3/85 Crim Misch 85-22487 I 10/14/85 Disorderly Intox/AR 85-26064
9/11/85 Alcohol Violation/AR 85-23174 10/14/85 Battery 85-26115
9/ 85 .. Agg Assault/W/Gun/AR 85-23461 10/16/85 Trespass Warning 85-26334
'~ 'JoT~-
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.J/ 17/85 Agg. Battezy 85-23614 10/28/85 Battery 85-27446
9/29/85 Ord. Viol/Alcohol/AR 85-23808 11 / 10/85 Robbery/Fight 85-28607
9/20/85 Agg. Assault: 85-23886 11/19/85 Agg. Battery 85-29460
9/23/85 Info/Intox Vi/"fIl 85-24192 11/20/85 F .QJ.1.n.cLL iC.e.11,s..e 85.::29..5..6 5
10/2/85 Warrant AJ:'rest 85-25003 11 /25/85 Ongoing Domestic Dispute 85-30038
.0/5/85 Ord. Viol 85-25295 11-27-85 Ord :i.nanc.e.-lT..iO-lat-io~.=.3..Q2.3_8_
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300 Prospect
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12/5/85 Damage to Property
85-30826
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AGENDA
PLAN~ING & ZONING BOARD
March 31, 1987 - 1:30 PM
ITEM
ACTION
Approval of ninutes of March 3, 1987
Approval of ninutes of March 17, 1987
CONDITrONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined
below:
1.
2.
3.
4.
5.
6.
7.
.
toi t' 8.
9.
10.
11.
The Chairman reads from the Public Hearing Notice each item as it
is presented.
The Planning Director advises the Board of any pertinent background
information.
The applicant or his representative presents his case.
Persons who support the application speak.
The Planning Director presents any supporting written documents.
Persons who oppose the application speak.
The Planning Director presents any opposing written documents.
Persons supporting the application (other than applicant) may speak
rebuttal.
Persons opposing nay speak in rebuttal.
The applicant has an opportunity for final rebuttal.
The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEA1I~G A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
(B) Condit~onal Uses:
1. M&B 41.04, Sec. 13-29S-15E, together with
Lot 2
Bamboo Sub. Replat
(2119 Gulf to Bay Boulevard)
SDS Investments, a Florida General
Partnership/Willian J. Kimpton
CU 87-14
(COlfrINlTED PROM IfEETING OF
KARCH 17, 1987)
Request
Zoned
Noncommercial Parking
CO (General Commercial)
RM-8 (Multi-Family Residential "Eight")
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Page -3-
6. Lot 1, BIk. 10,
Aiken Sub.
F. F. P. Co. (Eagle's Nest Lounge)/
Emil Marquardt, Jr.
CU 87-24
(CONTINUED FROK REETING
OF MARCH 17~ 1987)
Request
4-COp (On Premises Consumption of
Alcoholic Be~erages)
UC(E) [Urban Center (East)]
Zoned
7.
M&B 32.03,
(2285 u.S.
Lawrence H.
CU 87-25
SEC. 32-28S-26E
19 North)
Dimmitt (Dimmitt
Che~rolet)
Request
Outdoor Retail Sales, Storage
and/or Displays
CH (Highway Commercial)
Zoned
8. Lot 3, Blk. 20
Gould Ewing Second Edition
(635 Cleveland Street)
Nicholas Hoban/Chris Drossos
CU 87-26
Request
2-COP (On Premise Consumption of
Alcoholic Beverages)
UC(C) [Urban Center (Central)]
Zoned
ANNEXATION & ZONING & LAND USE PLAN AMENDMENTS:
(1)
(2)
(3)
Statement of case by applicant - 5 Binutes
Presentation by staff - 5 minutes
Comments from public in support/oPPosition:
individual - 3 minutes
spokesperson for group - 10 Ddu~te8
Public Hearings are closed
Discussion/Action by Board
(4)
(5)
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Agenda of the Planning & Zoning Board - March 31, 1987
Page -4-
(C)
Annexations and Zonings
1. Lot 1, John's Parkway Sub. and
Part M&B 24.02, Sec. 15-29S-16E
(located on the South side of
John's Parkway)
(Sofarelli)
A 87-10
(CONTINUED FRON MEETING OF
KARCH 17, 1987)
Request - Annexation and Zoning, RS-8
(Single-Family Residential "Eigh.t")
2. Lot 27, Blk. B
Harbor Vista Sub. and
Part of Vacated Playground
(located on the North side of
Vista Way, East of Sylvan Drive)
(Wright)
A 87-11
.
Request - Annexation and Zoning, RS-8
(Single-Family Residential "Eight")
(D)
Land Use Plan and Zoning Atlas Amendqent
1. Lots 2 through 5, Blk. C
Jurgen's Addition Revised AND
M&B 23.07, Section 10-29S-15E
(located on the Northeast corner at
the intersection of North Myrtle
Avenue and Metto Street)
(Church of God by Faith, Inc.)
Z 87-4 LUP 87-6
(CONTINUED FROM MEETING OF
MARCH 17, 1987)
Land Use Plan:
FROM: Commercial Tourist Facilities and
Low Density Residential
70: Public/Semi-Public
Zoning
nON:
.
Atlas:
CN (Neighborhood Comnercial)
RM-8 (Multi-Family Residential
P/Sp (Public/Semi-Public)
and
"Eight")
TO:
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