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05/05/1987 .~ ' ' .. ,'...} ......, .,', " ': ~ ,.;.~, ""~, ~> .. . ... . :;, I I 'f, ? . ,: " " 'Ii rilt'4},i1~t~l , cg)-,.-", , ,.t.,,:. <,','''''' MINUTES PLANNING & ZONING BOARD MAY 5, 1987 - 1:30 PM Members present: Chairman Johnson, Mesdames Nash and Nixon, Messrs. Ferrell, Green, Hogan, and Schwob Also present: M. A. Galbraith, Jr., City Attorney (A) Motion was minutes of unanimous ly made by Mr. the April (7 to 0). Hogan, seconded by 14, 1987 meeting Mr. Schwob, as written. to approve the Motion carried Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. (B) Conditiona1 Uses: 1. Lot 10, R.H. Padgetts Sub. (1212 Cleveland Street) Homer Properties, lnc./David Moore CU 87-30 ...)\'. i~&'i<'\ ,i', ' Request 3-PS (Package Sales of Alcoholic Beverages) Zoned - UC[E] (Urban Center [East]) Ms. Harvey advised this request is for package sale of alcoholic beverages in the Urban Center (East) zoning district. She further advised the license being applied for is a 3-PS license. She also advised the governing sections of the Land Development Code are Sections 136.025(b) and (c)(2). Ms. Harvey stated the Traffic Engineer had no objection and the Police Department saw no reason to deny license to the applicant. She further stated this application has been filed as the result of a lottery win. She also stated the proposed location is intended as a holding location until such time as a permanent location is found and the applicant does not intend to sell alcoholic beverages from the subject location. Ms. Harvey stated that an applicant of a lottery win is required to provide a suitable address in a zoning district which allows alcoholic beverage sales. Ms. Harvey advised that staff recommended approval subject to the use permit being procured witnin 18 months of approval of the conditional use in order for applicant to obtain its operating license. She also advised if the applicant relocates it will be necessary to obtain approval by this Board for the new location. Ms. Ha rvey object to attached) . advised a the sale letter was of alcoholic received from Steven and Deborah Hobbs who beverages at the subject location (copy . Mr. Richard Marvin Moore, father of applicant, appeared requesting approval of this conditional use. After questioning by Mr. Hogan, Mr. Moore stated that an address must be supplied to the State within a limited time period to qualify for a license but his son does not intend to operate at the subject location. 'j ," 'I '.. 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'. ~. ,..", , ,J,. ,,~"'. l". ~!"'!1:;;i\ :~l~gB!l~!ll r';("'::"f'~r;: ) ~,~,.',:" . ..' .r~.' ... r;N rk \ ..~ ,,'.\,~.':,:, ~;,~:j ),~t t',t,_;:", ~ ., ", ~~.,,'~l.,.. .t~;"."" r_, f':; \1": (:' ^ "ill Minutes of the Planning and Zoning Board - May 5, 1987 Page -2- Mr. Moore further stated the property is owned by Homer Properties, Inc. and Mr. Homer submitted a letter stating he had knowledge of and had no objection to the sale of alcoholic beverages from the subject property. After Ms. Nixon questioned if the applicant intends selling the license, Mr. Moore advised his son will probably operate the store in the future but not at subject location. MS. Deborah Hobbs, appeared in opposition to the above request and stated she felt the further sale of alcoholic beverages would bring undesirable elements into the neighborhood, would lower property values, would make it harder to rent properties. ~w~~" After questioning by Mr. Schwab, Ms. Harvey advised the lottery allows an applicant a certain amount of time to provide to the State an address that could be used for the purpose of the license. She further advised it is a requirement that the City approve the license as with any other license. She stated the applicant needed a location where liquor sales are provided as a conditional use. She also stated this is not a common practice to the extent it is the first time there has been a lottery winner before the Planning and Zoning Board. She also stated that previously the City Commission heard such applications before the Land Development Code became effective. Ms. Harvey advised that, to her knowledge, the City of Clearwater is the only City that uses this procedure for approval. After further questioning by Mr. Schwob, Ms. Harvey advised the Board is required to consider the location being applied for under the standards of the Land Development Code. Ms. Nixon expressed concern about the Board setting a precedence by approving the operation even though the applicant has no intention of operating at the subject location. She felt the Board would have no recourse but to approve a subsequent application for a liquor store at this location. After questioning by Mr. Hogan, Mr. Moore advised an Occupational License cannot be applied for until zoning requirements are met. Mr. Moore further advised there is no intent to operate a package sales store at the location but time is needed to find an appropriate location for the operation. After questioning by Mr. Schwob, l>lr. Moore advised the location is not ideal as there is neither parking nor a proper entrance available. In rebuttal, Mr. Moore felt the opposition's complaint is legitimate but stated he is not here today requesting an actual use and merely wishes to use location to hold the license until an appropriate location can be found. . Mr. Hogan expressed concern that, if the license is sold to another party, the license could then be used at the subject location. Mr. Moore advised the Board that the winner of a lottery may not sell its license for a period of 3 years. . Motion was made by Mr. Schwab, seconded by Mr. Green, to approve the above request subject to the use permit being procured within 18 months of approval of the conditional use. Motion carried unanimously (7 to 0). r;', .. ;'~ .....'~, ,~:~ ., l~ ...v~,~.", \'~"<~ .- , ,1~4~1~~~Ktff;\::i;:J::~~'*G{;F.~ff~@~:f:~;~:+,~: :'" :: , ,.', " , " , .' ';, ,.'" ',.:',.: \'::':f~t~~~F;:;:;;',. ',,,' ~,. '" . . , '.. .-' ,.j'" ;,;. " /\'( :;;:,;i'. ,-- -.. -- -..-.. ,- ,. ,_ ~_._ ., ,J.,_ ,,,__. "'.. ....h ,..,..... ~.. . _. ", -~ .. - .._~..- "_..1.~~ , "''', ., -- -. - ~ , '''. ''':''-;::J ' " " . ,)~ 'I.,!, " p . " ,. , "S!1' '! ,'f', . .'., ", ,'\ . .' \ '.i~" , ~... ~:;:? 1) .f' l...._~ i' I '(1 ;' " .,':..",:j:::C', ':'>;, , ' " .:.." ;:";;, ;'i'; , ,. ',' : ..;, ....',.' ':. .\.' .. '" . ,'}':,: "\ ',::?, " ':. .,.', .;'" ,J' " .'i., ",; : ":'" ". ',,,,,,.,;:::.';'y I" ,.'. "" "~;'."",' ':>".o':~: ',:;, ',,: "/:,' ;,'", , ;';" .' ,'.''''' ,;,(, ",','- ",":: , "" i:.,;.',,:.. ,.' "'.",::, '-, ,", i"i,.,;, ',. ':,:,::,,':;: ;',;' ,f'P:.' '::' " ,- . ::-;:;':~";;:".,." '.. "~I, ,,' >-, h: ' ,-.' ,",;:-' '.':'::, ?':" I ,', ,:";':, ,,:,.\ \( ,:.:' " ';:;..':':' .;, . " '., ,: .,<);- . :,';; :D':\\t~~'~f&;', '{i,;}:' ,,;,!!:tItwl~lt. .. ,....y':'.:\/... ... (. " ,.';):\: :\,: : "': "",:~',:,<:1 '" ,,\:,:.,,'."i:,'. ";;"" " ')i:'.; ': ,,..,:: " ',- .!I .', ,;::{. i ., ,".:,i": '}.. ~';t. ;';;:r ~~,~;rt$if '.': .". ;,:/;,;,/ ."c'> .:;:: :...{ :,' .~.. .~ ;, ';, /' .{ 1 " 1 ..j r}, , " .. .r '. \ " ~. "1. ) '; , :;" '. ~~~~~f;,(i ;., '~) .\ .~~. ....: :~ ~.' . '; i " " .; ,fi. ~. I : .~ I . , ':'., l :.~ ,; t . ';'~!:~ tl'j , I : ,,. '~t; ~li ~', r. if , '" ..". ,i <} ,j. 'j , ., . '. i , 'f " ~:\, : t~. ".,' '.!. }It.'~;" .;~t:~) :~~rJS )~~~ { .. I " i ,::}' ,.1 I, ~\, " "\ ':;:~~\~h;{ 'j I ,~ ,:,)'s' ."" . 'J..",,; '(":;~":l' :l ,?~\:',\ :::~T~i;:'/ ;~(,:,_~...',. " l, ~., ; ,j' .1f .."'" .. L '.,~.. ......_.....- ".' ~,< . , I., < _'" ~'> "~. '. ' , . ~ \ : , ' ","'" :',. ''';'' .', t\ ' , " " Minutes of the Planning and Zoning Board - May 5, 1987 Page -3- . 2. Lots 1 through 7, Sunburst Court (1710 North Ft. Harrison) James J. Orlando/Kenneth R. Mitchell CU 87-31 ' Request 3-PS (Package Sales of Alcoholic Beverages) Zoned - eN (Neighborhood Commercial) Ms. Harvey advised this request is for package sale of alcoholic beverages in the Neighborhood Commercial zoning district. She further advised the license being applied for is a 3-PS license. She also advised the governing sections of the Land Development Code are Sections 136.025(b) and (c)(2). Ms. Harvey stated the Traffic Engineer had no objection and the Police Department saw no reason to deny license to the applicant. Ms. Harvey advised that staff recommended approval subject to the use permit being procured within 6 months of approval of the conditional use. Ms. Harvey advised that a copy of a petition was received from individuals who reside in the area and object to the sale of alcoholic beverages at the above location (copy attached). .4m\ ~ Mr. Kenneth R. Mitchell, applicant, appeared requesting approval of this conditional use. Mr. Mitchell stated, if approval is granted by this Board, he hopes to begin operation in approximately 3 months. After questioning by Mr. Schwob, Mr. Mitchell stated that he observed no liquor stores to the north for 5 or 10 miles on Alt. 19 (North Ft. Harrison); he observed no liquor stores to the south from his location to City Hall on North Ft. Harrison; and, he observed some liquor stores to the east on Gu1f-to-Bay Boulevard, at least 4 or 5 miles away. Mr. Mitchell felt there is no real competition in the neighborhood. Mr. Mitchell stated his operation is for package sales only and will not include on premise consumption. ~. Mary Helen Maran, appeared in opposition to the above request and stated approximately 2 years ago she purchased the property at 1725 North Myrtle Avenue. She stated the area is being improved and upgraded to the way the neighborhood was previously and felt the neighborhood was changing for the better. Ms. Maran stated the owner of the property is providing needed services to the neighborhood, such as a laundromat, a grocery store, a seafood market, and a place of worship, but felt a liquor store is not a needed service. She felt a liquor store would not be in the best interest of improving the condition of the neighborhood. After questioning by Ms. Nixon, Ms. Maran stated the closest liquor store she 1s aware of is located on Myrtle south of Gulf-to-Bay Boulevard. After further questioning by Ms. Nixon, Ms. Maran stated a church is located next to the seafood market in a small strip mall and which is also the location of the proposed liquor store. I) ,,' .. . ... ~ ..: '1,' i ;.. ".' ' I . ., ~. " ,~': "" ~,""" \, . '. } ..'~ ", " ,; ':~','- --1 " , '..\ '\ , '\ '1: '\' ' ,';".': ~..' (, " ;)~~~$;f;~%{\1f;~~z':\~J.~!I:f~~it~~~f~~:~\i:',',:~"': .. " ..,' . ",~\ "'j ,,,.' , . . .. . ,./.. .' . . . , " . , " .'. ; , ','., ' "I' ," I, > ",",'; '\ /,; , ::, ," ;;.:.:}, " d" .......-.. r ~ :,' , < .'.:tl ~ ' '.'t .' '1 I " f ..~ " . , i , "" , 'I., ", ", ,,' , , , . . ,". .' . ) " " \. ~!, .: . \ . ,", ,\. ," ,., ..; , . , . . . \ ~ ,t, :~. . '}'~";{"':"'~:''''\_'~'!'' t. . . , "", , :' c, , ' "" , . . '. ". . :. . ,'" '" " :. .~.: ',', . >, .' .' ;".' ," ,I ',. "'"": ;."; . '\ " ," ,~~~~'.r~~l!1~~~~:,,';l(t~~~~~;, Minutes of the Planning and Zoning Board - May 5, 1987 Page -4- Mr. James J. Orlando, owner of the subject property, appeared in support of the above reques t. He advised the place of worship mentioned earlier is a group of 3 individuals who meet once a week and felt these 3 individuals would not be offended by the proposed package store. Mr. Orlando felt the package store would be an asset to the surrounding stores. After ques tioning by Mr. Johnson, Mr. Orlando stated he is the owner of the of the property, the place of worship does pay rent and is listed as a church, and he was merely commenting of hours and days of worship. ffe felt the church and the package store did not present a source of conflict. After questioning by Mr. Ferrell, Mr. Orlando advised he is not sure if the food market sells beer or wine. Ms. Linda Olenych, appeared in opposition to the above request and stated she has purchased beer in the food market. She further stated she thinks the food market sells wine but is not sure. She felt since there is a source of alcohol in the area another source is not necessary. In rebuttal, Mr. Mitchell stated he will not provide cups and ice to customers so as not to promote the idea of opening bottles as soon as customers leave premises. ffe also stated his lease agreement states he is responsible not only for the store but also for the frontage space and the area must be maintained and cleaned. He further stated he did not see any real competition in the area and felt this location is convenient for customers to purchase beer, wine, and liquor. Mr. Mitchell advised he needs approval from the City before completion of licensing can occur and his research indicated the area is a good location. Mr. Hogan stated if this Board approves the request it will allow a liquor store next to a church. He also stated he felt the maintenance of the property is not that great. Mr. Hogan felt that a neighborhood commercial area is for the convenience of the neighborhood and to enhance a neighborhood and felt a liquor store in this area will do nothing for the neighborhood. Mr. Johnson stated this Board recently considered a similar request and felt the Board should take that request into consideration when making a decision. Mr. Schwob felt on premise consumption may not be good for the area but felt a liquor store properly license would not be a detriment to the neighborhood. He stated he had difficulty understanding how such an establishment would tear down a. neighborhood. Mr. Schwob also stated that previously the Board had denied a license because several churches were in the area and the decision was overturned by a Hearing Officer because the churches did not appear in opposition to the license. Mr. Schwob felt a well-run package store might improve the neighborhood. Motion was made by Mr. Ferrell, seconded by Mr. Schwob to approve the above request subject to the use permit being procured within 6 months of approval of the conditional use. Motion carried (5 to 2) with Mr. Hogan and Chairman Johnson voting "nay." , ".~: ' ".. :." ,.,,,' ,. .p. :., . :.', :'~'''!,::-: ~~.;f:~..',.~ . "- ,- ,'." . ";"'''''.. " " ,," -", ..-, , ." , - '--'~ - , "~~ . ., '\, j.~ . , l..__.. ," ,.,'1 !-/"':, . .f:! " ,-;r,. 10..__\ ", " ,-~ , ,,' ",,: ~ ",,:, ' " .. .',[, ..;. ',' :' . .~ Minutes of the Planning and Zoning Board - May 5, 1987 Page -5- . 3. M&B 34.03, Sec. 23-29S-l5E (1551 Highland Avenue) Edmund S. Whitson, Jr./Mudano Associates CU 87-32 Zoned Temporary Building for Banking Facility CC (Commercial Center) Request Ms. Harvey stated this request for conditional use is for a temporary building for use as a banking facility in the Commercial Center zoning district. She also stated the Traffic Engineer had no objection. She advised the governing sections of the Land Development Code are Section 136.017(d) regarding per- mitting of temporary building, and Section 136.025(b) regarding standards for conditional use. Ms. Harvey advised an approved certified site plan for the area is valid for approximately 7 more years by court order. She also advised that staff recommended approval subject to: 1) the use permit being procured within 6 months of approval of the conditional use; and 2) the Board"'s approval be for a period not to exceed 1 year from issuance of the temporary building permit. Ms. Harvey stated 2 letters of support were received from area residents. . \U Ms. Patty Stough of Mudano Associates, appeared requesting approval of this conditional use. She advised the applicant plans to place a manufactured building on the property during construction of the permanent facility. Ms. Freda S. Dros, questioned the type of facility and how long the temporary facility would be in use. Ms. Stough advised the temporary facility is a double-wide, modular-type home. Ms. Harvey advised the Building Department has the authority to issue a permit for a temporary building not to exceed one year. She further advised if 1 year passes, the applicant will be required to come before this Board a second time and re-apply to the Building Department for a perm! t for a temporary building a second time_ She also advised that, since there is a certified site plan, it isn't anticipated that the temporary facility will be in place for years and years. Motion was made by Mr. Hogan, seconded by Mr. Schwob, to approve the above request subject to: 1) the use permit being procured within 6 months of approval of the conditional use; and 2) Approval granted for a period not to exceed 1 year from issuance of the temporary building permico Motion carried unanimously (7 to 0). 4. Lakeview Square Replat Condo (1020 Lakeview Drive) A.F.B. Properties/ Kathryn A. McGhee CU 87-33 Request Educational Purposes of Tutoring, Evaluation, and Counseling Children OL (Limited Office) . Zoned Ms. Harvey advised this request for conditional use is for a use not specifically identified in the Code, that being tutoring in an office facility , .'1' ~~_.,..-' r ",~.,~:~::,;~~,~~~.' ~ :';'';. ," . ,,,,.;.. " ~: ...,,:.~'!J:,:,i:~~~. .;' :,;.~.' q ~. ( ",'~ ,~.~. ~1"'. ':'.I~ ~'/,; ~.:;'. Minutes of the Planning and Zoning Board - May 5, 1987 Page -6- G)",;, .- ...... d;"; located at Lakeview and Greenwood in the Limited Office Zoning District. She advised that Section 135.188(f) of the Land Development Code states a use not specifically identified in the Code is considered a conditional use and must be heard by the Planning and Zoning Board. She also advised the Board that Section 136.025(b) to determine if the use is appropriate. She stated the applicant is proposing to do testing and counseling in the office building and these two functions are presumed to be appropriate in any psychologist's office. She also stated the applicant will provide a tutoring service and staff felt the tutoring aspect of the business should be reviewed by the Board to assure there would be no detrimental impact as a result of the tutoring service. Ms. Harvey advised the Traffic Engineer had no objection. She also advised that staff recommended approval subject to: 1) the use permit being obtained within 6 months of approval of the conditional use; and 2) all services of this use be prOVided indoors. lj'~'if,> ~tRl~~\' Ms. Kathryn McGhee, applicant, appeared requesting approval of this conditional use. Ms. McGhee stated Lincoln Learning Lah!'; is an educational service which includes evaluation and testing of children and adults, as well as family education for citizens of the City of Clearwater. She also stated applicant has been awarded a national grant from the National Association of Mental Health to do "take out" education, which is packaged information and instruction for home use. She further stated there are occasions when there will be more than 3 children at one time at the subject location; however, the children are always supervised by an adult and accompanied by a parent. She advised all services are handled inside the facility. After questioning by Ms. Nixon, Ms. McGhee advised 3 to 6 children at one time may be at the facility, with 6 being the maximum, and the facility contains approximately 1200 square feet of space. Hr. Woodrow Rands, 1285 South Greenwood Avenue, appeared in opposition to the above application and ex:pressed concern that the children will wander the neighborhood. He advised he lives directly across the street from the proposed facility. Mr. Rands played a recording of the sounds, made from his home, of children from an adjacent day care center. Ms. McGhee advised the service at the above facility will be conducted in a professional manner, a session lasts approximately 50 minutes while the children are being tutored and then the children leave. Ms. McGhee also advised she has been involved with this professional service in St. Petersburg and Tampa for 20 years. After questioning by Mr. Hogan, Ms. McGhee advised the children will be inside at all times. Ms. McGhee advised Mr. Rands that children must wait in the waiting room if parents are not in attendance. ~. Phyllis Rands, 1285 South Greenwood Avenue, appeared in opposition to the above application, stated she has worked with children in the past, and questioned if parents would be required to sign their children in and out of the facility. Mr. Johnson felt the applicant has operated as a professional school sessions lasting 50 minutes. assured the Board this facility will be with the children remaining inside for '. Mr. Schwob stated this profeSSional teaching service will have some expense to it and it is not a baby-sitting service. ,> ~'~'.~~.:': .,' . >:..,. I~."" ,,'. .~. , " -- " ...~.; -. ----. '." ,,;, ::\ ,:,'.' 71',' . " . . ",..". 1 \.' ,',. ".. ' ~ :.,:.1 . ' J./ J""~\' ,-- ~ ",r.~' ~ ! r 1 " ': ' .I ( , """," " "\', <,,' ,,', !':.;\ J,t " ~, ,," " " . ., " ',. " '..' ~, .' ": '.\,.." ' .'.' , .1: . Minutes of the Planning and Zoning Board - ~ay 5, 1987 Page -7- Mr. Hogan felt the idea of signing children in and out is a good idea because it will require the parent to bring the child into the building. Ms. Harvey advised the City would have no way to monitor such a procedure and requested the signing in and out of children not be made a condition of approval. Ms. McGhee felt the signing in and out of children would be a good idea and stated she would require parents to do so. Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to: 1) the use permit being obtained within 6 months of approval of the conditional use; and 2) all services of this use be provided indoors. Motion carried unanimously (7 to 0). S. M&B 14.03, Sec. 17-29S-16E (289B Gulf-To-Bay Boulevard) Michael D. Thompson/ Bobby Silor (Mako's) ClJ 87-34 Request 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CO (General Commercial) Ms. Harvey advised this request for conditional use is for on premise consumption of alcoholic beverages in the Commercial General zoning district on Gulf-to-Bay Boulevard. She also ad~ised the license being applied for is a 4-COP-SRX. license. She further advised the governing sections of the Land Development Code are Sections 136.025(b) and (c)(l). Ms. Harvey advised the following have been submitted: 1) Copies of two petitions, one from Glen Ellen Mobile Home Park expressing concerns regarding noise and litter and one from Parkwood Estates expressing concerns regarding noise and traffic problems; 2) Copy of a letter from City Manager Shoemaker assuring violations occurring on the property would be cited and that permits issued by the City of Clearwater were in order; 3) Copy of a letter from Board Chaiman Johnson expressing concern regarding the lack of approval of a permit at this location now serving alcohol; 4) Copy of a letter from Board Member Hogan expressing concern that the facility failed to follow procedure established by the City for obtaining alcoholic beverage permit approval; 5) Comments from the Police Department, after a background check, advising it saw no reason to deny license to applicant, accompanied by a listing of complaints and actions taken by the Police Department regarding the subject location; 6) Comments from the Traffic Engineer regarding traffic and/or traffic-related problems at the subject location, along with suggestions for conditions to be placed on the property; and, 7) Copy of a letter from Harriet Richards addressed to Mayor Garvey, expressing her opposition to granting approval of tbe subject permit. . Ms. Harvey advised th.at staff recommended approval subject to the following conditions: 1) !hat the occupancy of the building be limited to the availability of parking on site; 2) Th.at if valet service is to be provided, it be approved by the Traffic Engineer; 3) Consideration of limitation of hours of operation if necessary to assure compatibility; and 4) Additional fencing be provided on the entire property line on the west side from the rear ;'." ~\411,:..~ '~~~ki'~~~,"~1~~(~::'\::;:,:':"." ~ ;,tf;~~t~'.~tf~:).J::~~a~~~YoO~',ff\f.~~:..,.~ . 'T~/:,':~ ' :;!'j;~':,'~":;~";i'~'~~""':'~:'''';' : ," ,t,:" " ,~~f/~{~r;.{~;.:; 1:.- ',': I :;. ,'.... , " <- !,/- " '.. ....-.~----...__......-...- " ,'1 : " .,~:, ," . ,'. . .; '. ~\': ~ " , I,"~"~ . ,,/' ;:-.; . r I ! " . :, ~,", : \\' , \,- /": ",',;. .;, t.'" .... '-I' ' ( ~. Minutes of the Planning and Zoning Board - May 5, 1987 Page -8- . of the building to the rear of the property, additional fencing on the east side of the property to give more security or separation between the mobile home owners and the restaurant facility, and at the southeast corner of the site the driveway entrance to Mako~s from the mobile home park be closed and not be available for use to stop ingress/egress from the mobile home park drive. Ms. Harvey advised some considerat ion might be given to closing the additional driveway on Gulf-to-Bay Boulevard and having the property operate from one driveway entrance off Gulf-to-Bay Boulevard. She also advised that if this property were a new development the property would have the availability of only one entrance off of Gulf-to-Bay unless the Traffic Engineer felt is was necessary to have an additional driveway. . t'~il.' -'1~V;;1 Mr. George Greer, representative of applicant, appeared requesting approval of this conditional use. Mr. Greer advised that the applicant was unaware, when a contract was entered into for purchase of the business, of the of the require- ment for him to appear before the Planning and Zoning Board for a change of ownership of the license. He further advised the applicant has been open since February 13, 1987 and applicant received, before opening, both an Occupational License and a Certificate of Occupancy from the City of Clearwater, as well as acquiring and receiving approval of the license from the State of Florida. Mr. Greer stated he is not sure what approval of change in ownership of a lawfully operated business is intended to accomplish but the applicant is an innocent party unaware of the change in ownership requirement. Mr. Greer suggested the Board backdate itself to a time in January when this application should have been heard had the applicant been aware of all requirements. Mr. Greer stated that, in taking into consideration City Staff's recommendation of approval, he has been advised by the applicant: 1) The owner of the real estate owns half of the roadway to the east and would have no objection to installation of fencing; 2) The applicant would have no objection to fencing on the east and west of the property; 3) The applicant would strongly oppose any limitation on hours of operation since previous license holder had no limitations; and 4) The applicant would oppose parking limitations contrary to requirements in the Land Development Code. Mr. Greer stated the applicant has made great effort to address and solve any problems and another application is pending before this Board to change the license designation. Mr. Greer felt the concerns mentioned by Ms. Harvey might be more appropriately addressed at the pending hearing. He requested the present application for change of ownership be approved by this Board. Ms. Anoa SkidllOre~ eaployee of Breakers on the Bay Apartment Complex, 2909 Gulf-to-Bay-Boulevard, appeared in support of the above request and stated the applicant is trying very hard to rectify any problems that occurred in the past, one of which was the problem of overparking and overflow of customers. She stated the applicants have been to the apartment complex in an effort to rectify any problems. . Hr. Ed Grots, representing the Bethel Presbyterian Church. 2905 Gulf-to Bay Boulevard, appeared in opposition to the above request and stated he objects to the overcrowding of parking and the grass on Church property being torn up. He also stated is opposed the to the littering of beer bottles and other debris, an increase of which he has seen in the last 3 weeks. He further stated undesirable effects would be eliminated if the cause was eliminated. ..l::.,..... , ~ . ' "'~~;..~~L.~ .- .. L' 1.. ']:) . i ~J ',' '.e~ . ~ '11 . I I I,.: .! ~ I , . I <. I ) > ", .h , 't ~ . J t' ,~.'."." ';': ":", ' ,< , , 'I, .;". , 1" .'; t."~';~:' , '11 \' .... t~ "- ' ,~ ,<, -". ... .1 .( ',,' .', / . .... Minutes of the Planning and Zoning Board - May 5, 1987 Page -9- ." , , After questioning by Mr. Schwob, Mr. Grota stated there were no problems with the previous owner and problems only started occurring in the last 2 months. In rebuttal, Mr. Greer stated the bottles found by Mr. Grota were not from the applicant's premises, as applicant may only sell for on premise consumption. He also stated the absence of people objecting shows the improvements applicant has recently made. He further stated had the application been heard as it should have been prior to new ownership there would have been no persons appearing in opposition to this request. Mr. Johnson stated the biggest concern is the noise problem. Mr. Greer felt this is not something to be considered in approving a change of ownership and the absence of citations by the Police Department for the last 2 weeks and no adjacent hOIlle owners appearing in opposition speaks well for the current situation. After questioning by Mr. Hogan, Mr. Greer stated it is possible for the empty bottles to be from applicant's premise but stated it is a violation of state law to allow beverages to be taken from the premises and applicant does not allow such to happen. . ~,' Mr. Bobby Silor, applicant, stated he has been in the restaurant and nightclub business for 11 years. He further stated he was confident of the success of the operation because of the unique Cajun concept. He also stated that steps have been taken to eliminate the problems with noise and parking. He advised there have been 2 sound system changes. He also advised there are 7 security people working outside, 4 of whom monitor the parking lot and 3 of whom monitor the patio area. He further advised that the adjacent mobile home park owners told him that they have had no complaints during the last 2 weeks. Mr. Silor stated he is trying to do his best to correct any problems and get along witn tne neighborhood and he felt that before long there would be no problems whatsoever. After questioning by Ms. Nixon, Mr. Silor advised he is currently operating with a 4-COP-SRX license. He advised the anchor of the business is Cajun food and is successful at night with the nightclub. He further advised he is currently selling more alcohol than food. After further questioning by Ms. Nixon, Mr. Greer advised the State Beverage Department allows 1 year to get the operation in order before the 51% food requirement must be adhered to and applicant's food sales comprise approximately 40% of the total business. Mr. Silor further answered Ms. Nixon that he doesn't feel meeting the 51% food requirement would make a difference in his operation because his operation is busy every night of the week and he caters to a good, professional crowd ranging in age from 28 to 35. After Ms. Nixon commented about the loud public address system, Mr. Silor stated the system may have been turned up louder than it should have been but he has recently retained an acoustical sound man to help correct and control the noise level. (. After questioning by Mr. Schwob, Mr. Silor stated the petition received was presented before changes were made to the sound system and he further stated a security guard is stationed at the mobile home park entrance to prevent people from entering the park. Mr. Sitor further stated he suggested to the residents ":',;7- .< ;.:~;\j:~j.~~~~:"):'i~~/:: ",: ;;;:':". ::," ,,' , - .---":--"'- - : >,' " . ," :; ~ 1 .' ,i .' " , .-,.'\. _/" ~, . " , ',,:.:' ,",;. ' '. \', ',,'. ',: '. , ::: ',..:i\i~_" ., Minutes of the Planning and Zoning Board - May 5, 1987 Page -10- o of the mobile home park that he install a guard house at the entrance but the residents felt it was no longer necessary. Mr. Silor also answered Mr. Schwob that he planned 2 days ago to install fencing on the east and west side of the property but the adjacent residents requested that the private drive no longer be blocked since the residents like to use the private drive. Mr. Schwob questioned if the neighboring people were notified, since none have appeared in opposition to this request. Ms. Harvey stated that the City Clerk would have sent notices out but, since the notices were mailed, changes may have been made. Mr. Silor advised it was in the newspaper that this request would be heard today. Ms. Nixon felt the valet parking is a good idea and the fire department is doing a good job of citing the applicant for overcrowding. She also felt the change in ownership should be approved and the Board should deal with anything else when the license designation change is before the it in 2 weeks. Mr. Schwob felt the Board should make a decision based upon information it has before it at the present time and requirements in the Land Development Code. He stated he is impressed that no one from the mobile home parks has appeared in opposition. He also stated it appears Mr. Silor has been working to cooperate with neighboring residents. Mr. Green felt the Board should base its decision on information before it at the present time, and he felt the fencing is important but is not sure the driveway should be cut off. Mr. Hogan felt the applicant is making an effort to work with the neighborhood. Mr. Johnson agreed and felt it is essential for a business to serve and protect the peace ~~~ and tranquility of the neighborhood. :l '.f. Motion was made by Mr. Schwob, seconded by Ms. Nixon, request subject to fencing, similar to that on the north east and west side. Motion carried unanimously (7 to 0). to approve the above side, be added to the 6. Lot 43, Drew Terrace (1736 Drew Street) Bruce C. Stahle/Mark Stahle (Val's Finer Foods) CU 87-35 Request - 2-COP (On Premise Consumption and Package Sales of Alcoholic Beverages) Zoned CG (General Commercial) '. Ms. Harvey advised this request for conditional use is for on premise and package sales of alcoholic beverages in a General Commercial zoning district. She also advised the license being applied for 1s a 2-COP license. She further advised the governing sections of the Land Development Code are Section 136.02S(b), (c)(l), and (c)(2). Ms. Harvey stated the Traffic Engineer had no objection and the Police Department saw no reason to deny license to applicant. She also stated the applicant currently has package sales of alcoholic beverages and 1s requesting a 2-COP license for on premise consumption for the purpose of wine tasting and charging for the same. She stated staff recommended approval subject to the use permit being procured within 6 months of approval of the conditional use. ; .f t \, , .~; .; '.,:,<- '..... \.. d~....r,,"(';:^'t~r', ".',~.'H'...;~~~~,l" -oO\~'\!:\"','J':' ':""';':~"'. ~'~~ "lfjtir}~'!)'''*:.A~'-;'->' Of' .I,.......kt.n....~!~}"...t ~.tJ~""""f;""~~'r"" '. , . ".',~ .~~t~f.:~:~{ :~~i.~~,~.':r~:!x: .;:~':!fjt,\~,!j~:t~1f:f~~J';'~;;';',:::;::f;,-:" . .. -" . . i' ,'.1._ ~ ,I ',I": ',- .' , l ' :: 1 " ... . '.' " ",. I" ('.' : ;1 ,', Minutes of the Planning and Zoning Board - May 5, 1987 Page -11- ~,:,..,. ","'." ~ :;.i,:,'~t .,.. Ms. Harvey advised that 1 letter in opposition has been received from a neigh- boring resident. Mr. Mark Stahle, applicant, appeared requesting approval of this conditional use. Mr. Stahle stated his operation consists of strictly retail sales of gourmet foods, meats, and wines. He also stated he has no intention of operating a lounge or serving foods. Mr. Stahle stated his wines are kept in a temperature controlled environment. He furtl1er stated that wine tas ting has increased sales but with selling the more e~pensive wines he can't afford to give wine samples away. Mr. Stal11e advised that by charging for wines tasted he will recoup the cost of the expensive wines and charging $2 or $3 for a sample of wine will also eliminate on premise "drinking." After questioning by Mr. Scl1wob, Mr. Stahle advised he will sell 1 ounce samples and the type of people who buy these wines are interested in wines and not interested in drinking. He also answered ~r. Schwob he has no seating on premises) he doesn't want seating on premises, but he must r~quest a variance since he has inadequate seating. After questioning by Mr. Green, Ms. Harvey advised it is not necessary to include as a condi tion of approval that a variance be approved) but if the variance to seating accommodations is not approved the applicant will be required to provide necessary seating before on premise consumption may take place. " Mr. Schwob stated this appears to be an interesting idea but felt the variance to the seating accommodation should be a condition of approval because a different type of operation would exist if seating was allowed. Motion was made by Mr. Schwab, seconded by Mr. Hogan, to approve the above request subject to: 1) ':rile use permi t being procured within 6 months of approval of the conditional use; and 2) approval of a variance to the seating accommodation. Motion carried unanimously (7 to D). The Chairman called a recess at 3:40 P.M. Mr. Ferrell left the meeting at 3:45 ~. The meeting reconvened at 3:50 PM. c. Annexation and Zoning 1. Lots 106, 107 and Part Lot 157 Clearwater Manor Sub. (Located on the west side of West Lagoon Circle and the south side of South Lagoon Circle, east of Belcher Road) (Delashaw/Selbmann/Sizemore/Foerste/City) A 87-15 Request - Annexation and Zoning, RS-8 (Single-Family Residential "Eight") . The above properties are located on the ~est side of West Lagoon Circle and the south side of South Lagoon Circle) east of Belcher Road. ..:.........~ .. . .' .. ~.' ", .,'. I' '\, '-'-" I:. .~.~. ':\ ~ ' , ..\., -~- , ." ,.: '.'t'., ",1 ,'..; " , I. \ '; , , 7'""71, ,: ..., I , I t .., : <,'; :' q,;;,;,' '. "', \ " ' \ '", I ~ . ' .,." , \;, "'. , " ' , ",,' , .,l'IT,;, . f',' " , , Minutes of the Planning and Zoning Board - May 5, 1987 Page -12- . Ms. Deloris Selbmann, one of the subject property owners, questioned why she received applications to sign when her property was already incorporated before she purchased the property and further questioned why the law doesn't protect people. Mr. Pruitt advised the subject properties were part of prior Agreements to Annex into the City. He further advised the properties were not contiguous at the time but are contiguous to the City limits at this time, it is now legal to annex the properties into the City, and the property owners were mailed applications in order to complete the annexation. Mr. Pruitt advised that should be the responsibility of the title company to discover any such agreements. Mr. Green suggested she review all the papers she received at closing on the property to see if mention was made of the proposed annexation or other eKceptions. He further suggested, if these were not included with the papers she received at closing, she talk to the attorney who did the closing. Mr. John Sizemore, one of the subject property owners, stated when he purchased his property he did so choosing to live in the county, he was not informed that an Agreement to Annex existed concerning his property when it was purchased, and he did not find out until he was notified by mail. ~ ~ Mr. Pruitt advised this is a city-initiated request for annexation and RS-8 (Single-Family Residential "Eight") zoning. He also advised that City sewer is available and water service is provided by the County. Mr. Pruitt stated the properties are currently developed with single family residences. He also stated that Public Works requested the abutting right-of-way of South Lagoon Circle be included in the annexation. Mr. Pruitt advised that staff recommended approval of the annexation and RS-8 zoning. After questioning by Mr. Green, Ms. Harvey advised the basis for Agreements to Annex was to provide sewer service. Mr. Green stated when property is being supplied city services, sucll as sewer, it is appropriate for the city to require annexation when the property is ready to be brought into the city. Mr. Green stated tllat the status of anneKation is one reason a title search is done. Motion was made by Mr. Green, seconded by and RS-8 (Single-Family Residential unanimously (& to 0). Mr. Hogan, to approve the anneKation "Eight") zoning. Motion carried 2. Lot 15, BIk. A Kapok 'rerrace Sub. (Located on the north side of Merrill Avenue, west of McMullen-Booth Road) (Boh!) A 87-16 Request Annexation and Zoning, RS-8 (Single-Family Residential "Eight") 'l'he above property is located on the north side of Merrill Avenue, west of McMullen-Booth Road. . 'l'he applicant was not present. ",J .' . . . >~~'i;;'J~:~;i:::~:C:>:~:;i ':;:/';:,>. ,~~. .'J" . . '. . ,~ .~~__.. ._._.~._~. .,___ _ .~~~.'u_.~._, ._.. . '. ... "'_h_" ''':: d, , ."..... 7'l " . ,,:'1" , .' ',' "i.' :r.:,: , , . ;,.,~. ",": '1' '. I, " '. o~' '0' ~ ., , ( . \" . ( r ,,0 "o~'I. ;;"'/'ri'",'.l ',;-; J ' '" I , ", " . " ; l~: '., , , , ~ I' " '..' ~ ' 1 't ,'.' ~ ~' " 1 . ' . ., .'" ,- \, - I .. II Minutes of the Planning and Zoning Board - May 5, 1987 Page -13- ~::!.:;' "',... '" Mr. Pruitt Residential advised this request "Eight") zoning. He Motion was made by Mr. Hogan, annexation and RS-6 (Single-Family unanimously (6 to 0). seconded by Residential Mr. Schwob, "Six") zoning. to approve the Motion carried 3. Lot 33, Terra Alto Estates (Located on the southwest corner at the intersection of Sandy Lane and Highland Avenue) (Bengston) A 87-18 Request - Annexation and Zoning, RS-8 (Single-Family Residential "Eight") The above property is located at the southwest corner of the intersection of Sandy Land and Highland Avenue. The applicant was not present. Mr. Pruitt stated this request is for annexation and RS-8 (Single-Family Residential "Eight") zoning. He also stated City water and sewer are available and a single-fwmily residence is proposed for the property. Mr. Pruitt advised that staff recommended approval of the annexation and RS-8 zoning. Motion was made by Mr. Schwob, annexation and RS-8 (Single-Family unanimously (6 to 0). seconded by Mr. Hogan, to approve the Residential "Eight") zoning. Motion carried D. Annexation, Zoning, and Land Use Plan Auaendment 1. Lots 3 through 7, Blk. A, Dellwood Heights Sub. (Located on the south side of S.R. 590, approxi- mately 1,075 feet west of McMullen-Booth Road) (Austin/Pappalardo) A 87-14 LUP 87-9 C01frIl11JED FROM APR.IL 14, 1987 MEETING Request - Annexation and Zoning, OL (Limited Office) Land Use FROK : Plan Industrial Residential/Office TO: . The above property is located on the south side of S.R. 590, approximately 1,075 feet west of McMullen-Booth Road. ....:....J l.., '.' f , ',~:... '.":::;,,:>:' ' ,;", ,',' ", " "," ~'lmr:t'::t1~'/ill"..wr:.Q"I)@Il'1I~~' Minutes of the Planning and Zoning Board - May 5, 1987 Page -14- G Attorney Anthony Piernick, representative of applicant, advised the subject parcel is just east of Mission Hills Development. He also stated the parcel is approximately .358 acres, there are currently no plans for development, and the property is for sale. He further stated the annexation and zoning is requested since it is a necessary step before anything might be done with the property. He also stated the request for the Limited Office zoning is less intense than that of the surrounding land and Limited Office is in conformance with recommendations of City staff. Mr. Piernick stated the applicant realizes that along S.R. 590 a less intense zoning would be more appropriate. Mr. Pruitt advised this request is for anneKation and OL (Limited Office) zoning and a Land Use Plan amendment from Industrial to Residential/Office. He also advised the surroundings uses are vacant land to the east and south, a condominium development to the west, and single-family residences to the north. Mr. Pruitt stated that since the parcel is under one acre in size the City Commission will need to make a determination that it is in the Commronity interest to create a zoning district smaller than the minimum size district. He stated a 100 foot right-of-way planned for S.R. 590 will require additional right-of-way and the right-of-way for Landmark Drive is 80 feet. Mr. Pruitt advised that City water is available. He further advised that staff recommended approval of the annexation, Limited Office zoning and Land Use Plan amendment from Industrial to Residential/Office. ,q)t,'; , V Dr. Bradford Crossman, resident of Mission Hills Association, appeared in opposition to the above reques t. Dr. Crossman expressed concern regarding increased traffic on S.R. 590 and McMullen-Booth Road. He also expressed concern regarding parking problems, height of building, water flow and aesthetic value. Mr. Hogan advised Dr. Crossman that maximum height in the Limited Office zoning district is 25 feet. Mr. Green advised Dr. Crossman the choice of zoning on the property is Limited Office as opposed to the Industrial zoning as is now in place. He further advised that if the property remains Industrial it doesn't mean that the land will remain vacant. He also advised that requiring the property to remain vacant is not a choice this Board is in a position to have. The Board members attempted to explain to Dr. Crossman the difference in the zoning categories and the less intense development that would be permitted with the Limited Office zoning. Ms. Nixon explained the reason this item was postponed at the last meeting was because the applicant did not show. In rebuttal, Mr. Piernick stated the property is for sale and if it is that important to the residents of Mission Hills they may want to consider purchasing it. He further advised that the intersection of McMullen-Booth Road and S.R. 590 will become increasingly busy in the future. Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the annexation, Limited Office zoning, and Land Use Plan amendment from Industrial to Residential/Office. Motion carried unanimously (6 to 0). ;'~?r;-', ~"'~..;;:~' ';~;4t~_~~~3~~" ..c.'i.};i~'~~~Ji.;~;t~t-r"';I~~~;:~ ~~~.,;~ ,:~~".' ,'>~'~:. ',.::,,:: ": ' N~1i~~~~p.tJ~~~~~'\~~t~~..~~;.~!..f~}~~.;'il?t~~'~'itt~+:Wf~~~'l;'~;~f~..:" \':.~ '.~ . t ',;.'. ,>/;,,?:-,;~:ji~i;;;';'~'!: ~':':~f:-"" r'~:;:;::;'t,~'.<:';;:, ,-;:,; , ,', '~-, ,.~ ' "t. , ~ I . , :','. " .:.. , . .,'i:~ ." :'1.', '.::' \:.~'::.: },'-,;",':'r~'.t:'" -~ '" , " }).:.~~::,\ \".' 'i _.:._- -.... - - .... _...- ~~ . .).' ;.,T':T~;t?(.\ , " '( . ,'.' ,I. " '.\', 'j " , ,,~j'p~ (':..1 ~. 'I : 1 i " , \ ,l " \1""" .f ;. : I.'.. ":'.'~i't'~l<.~ .~..:,~:1';' J...., f. '. 'I. ,\ , . '. ~ \ '. ,'; ~ ~ Minutes of the Planning and Zoning Board - May 5, 1987 Page -15- 2. Lots 8 and 9, Blk. A Harbor Vista Sub. (Located on the east side of Douglas Avenue, south of Sunset Point Road) (Dixon) A 87-17 LUP 87-10 Request - Annexation and Zoning, CN (Neighborhood Commercial) Land Use Plan FROK: Low Density Residential TO: Commercial/Tourist Facilities The above property is located on the east side of Douglas Avenue, south of Sunset Point Road. "~\.. 'I';......""'''' Mr. Thomas Dixon, applicant, stated the property is currently b0ing served with City water and his reason for the request is to also be served with City sewer. Mr. Dixon stated, in regard to City sewer, that some ti~e ago the City put a sleeve under Douglas Avenue. He also stated that the Utilities Depart- ment was supportive of the request, in order that the sleeve be used. After questioning by Mr. Johnson, Mr. Dixon advised there is no boat operation taking place on the property and he has made a request to the tenant that the boat be removed. Mr. Pruitt advised this request is for annexation, CN (Neighborhood Commercial) zoning and a Land Use Plan amendment from Low Density Residential to Commercial/Tourist Facilities. Mr. Pruitt stated the property is presently developed with a strip center containing office/retail uses. He stated City water is available. He also stated surrounding uses include Neighborhood Commercial uses to the south, business uses and a single-family residence to the north, and single-family residences across Douglas Avenue to the west. Mr. Pruitt advised staff recommended approval of the annexation, CN zoning and Land Use Plan amendment from Low Density Residential to Commercial/Tourist Facilities. Motion was made by Mr. Schwob, seconded by Mr. Hogan, to approve the annexation, CN (Neighborhood Commercial) zoning, and Land Use Plan amendment from Low Density Residential to Commercial/Tourist Facilities. Motion carried unanimously (6 to 0). . '. ".~':... "~/ . '. . '.~. " ",<" '; . , , - J",;. ..' ",: '-.............. "f" ',J'" .'" ~ ." .j:. . :.:: ~','~"" ':1 A';I : .;, , "\ ',1 . . i., Minutes of the Planning and Zoning Board - May 5, 1987 Page -16- ~'iCI'" , "1'" ,1,.:::, .< E. Zoning Atlas and Land Use P1an Amendment 1. MOB 44.18, Sec. 21-29S-15E (Located on the east side of Clearwater-Largo Road, south of Woodlawn Street) (Jones) Z 87-6 LUP 87-11 Zoning Atlas: FROK: p/sp (Public/Semi-Public) TO: CN (Neighborhood Commercial) Land Use P1an: FROK: Public/Semi-Public TO: Commercial/Tourist Facilities The above property is located on the east side of Clearwater-Largo Road, south of Woodlawn Street. Mr. Jeff Moore, one of owners of property is owned by Trevor Jones congregate care facility. Southern Investors Realty, but is under contract for stated the a proposed Ms. Harvey stated the subject property has been before this Board in the past. She also gave background of what occurred for purposes of rezoning the property in order that it was able to be used as a congregate care facility prior to adoption of the Land Development Code. She advised that prior to adoption of the Code there was provision in the P/SP district for congregate care facility use for which the previous owner had applied and the City approved as a special exception. She further advised that the approval for special exception expired and after adoption of the Code congregate care facilities were no longer provided for as a conditional use in the p/Sp district. Ms. Harvey stated the property is still proposed to be used as a congregate care facility and it was determined that Neighborhood Commercial would allow for congregate care facilities. She also stated the property is located between an area zoned CR-24 containing a trailer park, and is bordered to the south and west by an area zoned CG. She also stated neither CR-24 nor CG allow for congregate care use although CN does, and it would be appropriate for the City Commission to determine that the zoning is in the Community interest since the property is under two acres. She advised if the use of a congregate care facility is pursued by the applicant, it will be necessary for this Board to consider the same as a conditional use. Ms. Harvey advised that staff recommended approval of the zoning atlas amendment from Public/Semi-Public to Neighborhood Commercial and the Land Use Plan from Public/Semi-Public to Commercial/Tourist Facilities. '. After questioning by Ms. Nixon. Ms. Harvey advised congregate care facilities are not included as a conditional use in P/SP zoning because congregate care facilities provide a "residence" and by State definition are not "institutional" uses and P/SP is intended for "institutional public-type" uses such as a nursing home, hospital, etc. . ..,. \ . ,'. ~ .. ,';/: J'>~?;~;I' '. '." . ",. . ,!,-:'> . -. I ~,I '. 01.... ',,~:. ....:~ -:'\ ~ 'I', .. '''', .\.;.... i. \ ,. " C,I'" ':." " ,,' .. " '~ 1. Minutes of the Planning and Zoning Board - May 5, 1987 Page -17- :~~Wil c~<':i."" Motion was made by Mr. Hogan, seconlfed by Mr. Green, to approve the zoning atlas amendment from Public/Semi-Public to Neighborhood Commercial and the Land Use Plan from PublicjSe~-Public to Commercial/Tourist Facilities. Motion carried unanimously (6 to 0). (8) 2. Part M&B 24.01, Sec. 09-295-16& (Located on the north side of the Pact site and on the eastern side of One Kapok Terrace Condominium on the east side of MCMullen-Booth Road) (One Kapok Terrace, Ltd.) Z 87-7 Lrrp 87-12 Zoning At1as: FROM: RPD-8 (Residential Planned Development) 10: pjSP (Public/Semi-Public) Land Use PROM: Plan: Low Density Residential Public/Semi-Public 70: el) To consider an amendment to the Master Site Plan known as One Kapok Terrace, Ltd. in the RP~8 (Residential Planned Development) Zoning District as required by Sec. 135.076 of the Code of Ordinances of the City of Clearwater for the following described property: Part M&B 24.01, Sec. 09-19S-16E (Located on the north side of the Pact site and on the eastern side of One Kapok Terrace Condominium on the east side of McMullen-Booth Road) (One Kapok Terrace, Ltd.) The Board discussed Items (E) 2 and (F) simultaneously as both applications pertain to the same property. Mr. Leonard Mankin, representative of One Kapok Terrace, Ltd., stated the subject property involves 2 condominiums adjacent to Ruth Eckerd Hall for use as classrooms and training facility for theatre arts. After questioning by Mr. Johnson, Mr. Jack LoBianco, One Kapok Terrace, Ltd., stated access for the 2 condo units will not be from McMullen-Booth Road. He also stated that access is intended to be from the east end of the development so that access will not be through the development. Mr. Johnson stated he would be against accessibility to the adjacent condominiums anywhere near the proposed classroom. ,f . Mr. Howard Groth, Secretary of Board of Directors of PACT, stated it is PACT's intention to build a fence or wall as a buffer between the building and the remaining residential area. '.." 0'. .:.:<"<,:!;.'S,'/:'.,, ~ ,/,,'~ ',' ",', "..' : ::{ ~ - '~'.' -.'\ ------. . '..',! " '. /' ,,(''';' !. ~ .,'/., " , " Minutes of the Planning and Zoning Board - May 5, 1987 Page -18- ~'"'' ":::<i;.,: '1....'(' '\;.'JW" After questioning by Mr. Green, Mr. Groth stated entrance will be from Ruth Eckerd Hall and there will be a curb cut with parking on the other side of the building, which is City-owned property. After questioning by Mr. Johnson, Mr. LoBianco spoke to approximately one half of the condominium owners who have said they have no objection specifically because the school will not be accessed through the community. Ms. Harvey stated Item (E) 2 is a request for rezoning and Land Use Plan amendment for a port ion of the property now known as One Kapok Terrace and currently zoned RPD-8. She also stated the Performing Arts Center is proposing to purchase that property. She advised staff recommended approval of the zoning atlas amendment from RPD-8 to p/SP and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public. Ms. Harvey advised ltem (I') is a request to consider an amendment to the Master Site Plan and has been reviewed and approved by the Development Review Committee. She also advised the site plan shows the deletion from the One Kapok Terrace site of the area to be purchased by PACT. Ms. Harvey advised the property will be under separate ownership and is actually a subdivision of a metes and bounds which requires that the property be platted. She also advised the Development Review Committee included in its approval the condition that a preliminary plat be filed by PACT when the property has changed ownership on the portion of the property to be used for classrooms and administrative offices. She further advised PACT will be required to provide on the plat its proposals for parking and access to the subject property. Ms. Harvey advised staff recommended approval of the amended site plan subject to the later submission of a Preliminary Plat by the Performing Arts Center and Theatre. After questioning by Ms. Nixon, Ms. Harvey advised PACT will be required to provide information regarding the number of required parking spaces for the Performing Arts Center and for the classrooms and if not enough parking spaces are provided it will be necessary for PACT to request a variance. After questioning by Mr. Hogan, Mr. Groth stated no shop work 'or scenery work would take place in the classrooms as the classrooms are intended for acting classes. In regard to Item (E) 2~ motion was made by Ms. Nixon, seconded by Mr. Green, to approve the zoning atlas amendment from RPD-8 (Residential Planned Development "Eight") to p/Sp (Public/Semi-Public) and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public. Motion carried unanimously (6 to 0). In regard to Item (1'), motion was made by Ms. Nixon, seconded approve the amendment to the Master Site Plan subject to the of a Preliminary Plat by the Performing Arts Center and carried unanimously (6 to 0). by Mr. Green, to later submission Theatre. Motion . . .' I.' ..~ ' . . '- '.\.' ~," ~;~ '-/i~~..~':,:"..:~.~ . .: ~.. . \,', . ,'''t", .. . t ;2.-" " , , .._,~ --,. ---..-. " " f: ;,,) ,', .. (;.. ,,"" ",,-J "I ,,I,' ..... .t.,..",:.;-,i;: _, nj.".M.... :, ,~\\: ;':--. ,.t , : ~. .;:;::;: ~ .,'. c..::,':/).. 1-.' '~t:- ",.-'.' .,'.' :' :,'/ -.:~": . 'I . ~A" " I"' '!. , , >, ":, ',' .~fi;jt:~}:l~~jXi:.:'.:\'L?~::::.,i;..'; . -..,\, , <..:~,I~~ {".':\I:\,.\t~ .: . I,.'" .,i , .' , '\ '!; ; , " ':, . : .. , '." :', .\:,;, ;,.::, ,,'., ,~. " .'" '. '., .... .:. -W.~";':'ff-!0';' , " h" I" /,""'::;,:,1::; , 'l' " '. ' , ~ ,.1, ' f"'I:~~ .... ." I, ~T" .' "-. ".': ~ t ,'J'" '; ,'l, ,} . 'j , . ,~ . , ' . " , :: ,: 'j,~. "!,~' ., . ':;" .;\:',-,' " :,~-:~/~:' :'~::"J:: . ,':'.?q ':'.. ":,:\\:',\~?>],.i)':':' " " -: 'j " " '.', I ~.. ~'.)'. ,: :' " " . \" !. '''. . ...... ...... ">D1;.!jif'.j!~'}1ii(~. o 'f- ....."'" ~ f '" _~\11,ljlR\IllIIllilfJN~__..............L -. t'fP' ~ " ~~y Cu87- ~~\0~ 107 ~~oOd ~states 2900 Gulf-~o-Bay Blv'd. Clearwater, Fla., 33519 ~. ",\~l;~ M,\~~X( \ e cy,\J ,yq \j {:/' '0)j)\ QJ~ April 20. 1987 Mayor hita Garvey City of Clear~ater 112 South Osceola Clearwater, Fla. Re: Parkwood Estates & Maxo's Bay Club Dear Mayor Garvey: ~s in my previous letter to you I affirm that Park~ood Estates ~as a pleasant safe place to ~ive until the advent of r~ako's Bay Club. The noise and disturbance it puts out has dealt the residence a low blow. It has undermined the health oE many and reduced the value of our homes. Their location is no place for such an establishment. It shoud be five miles away from a residential area. ~ r~~~,: A week ago Mako's were cited for having 82 more premises over the 200 allowed by the fire code. use our drive~ays and cross traffic to get into lot making walking dangerous. clients in 1;he Their patrons their parking :;ithout having obtained a proper license to open they should be forced to close. Anyone who encourages a change in ou~ city law to allow l..ako' s to operate must be in favor of dri.'7ing decent respectable residents from their homes, for that is what is happening. We have a far greater investment in this park than they have and we were established long before ~iako's were ever heard of. The police have been called repeatedly to warn them. ~s soon as the police cars are out of the vicinity they again sta~t their loud so-called music. .From 11 Pl\1 until their closing.tirne at 2:00 r.~,l the place is a jungle. 'rhe screaming and yelling of their patrons is unbear- able and sleep is impossible. ~~ ~ Maku's owners make many promises but fail to carry them out. Th~ir promises cannot be relied upon. We have two Motels and two Restaurants nearby. Both Tio Pepe's and Amarus have liquor licenses. They have been in business for years and have never never given us any reason for complaint. Tic Pep~s parking lot has been extended directly behind some of our homes and there has never been any distu~bance. .- ..--- :}f{~t~~Wff;it.j~~~~r;:~~:,:,.::'./<rH7~g~;f~;:~~~i>:. :~, I.,. ;' ~.' , > ., ','lr~;., ': ':' '. ",\ ': 'I :";f: ~{',' ~'J. ',~ '." . ~. \1 :. ~ ,; ,.,~";~t"1'" " ~, ,'; ~"<v:'~' ,',I ."~"; .t. ."~t'o. ,. I '/"~I":" " "" \~ . ;i.'~:, .:' 1"" '.'.., ,..,.\"'.... ~ "., '. :.,'"::' ," ~,' .....' :\',' ~.; ~ :'\'.' .' ,....~:' \, \ ",'; , '" , .~:, " ',\ .",lJ ',I." ", I .', " /.' . ~. , >':: 1: :'., .,' \ . ", , ' l !.' ,: ,,, "j..' "I i; '",j, \. .;. .. " I ".' ':" ,\." C! () ?7-Jo ') ) / / ~~." I';:!-"'" \'7~ ;..~( "', .. 407 Clearwater, May 4, 1987 Hillcrest Drive, N. FL 33515 Paula Harvey Planning Director P.O. Box 4748 Clearwater, FL 33518 Dear Ms. Harvey, This letter is written for conditional use by sales of alcoholic street, in R. H. (Urban Center East), notice of objection to the request Homer Properties, Inc. for package beverages (3-PS), at 1212 Cleveland Padgetts Sub., Lot 10 zoned U. C., (E) CU-87-30. We own property locat~d at 1215 Grove st. and 15, 17 & 19 Jefferson Ave., Clearwater, FL 33515. Legal description is: Plat 009, Page 110, Padgett's Estates Sub, Lot 6 and Flat 012, Page 024, Moore, Property of A. J. , Lot 19. We feel the undesirable to be revived the corner already beverages will bring an area that is currently trying The estab~ishment located on Properties (Sandpiper Bar) is rowdiness and constant police on numerous occasions, complained strongly object :If the City reviving do~nto~n, we feel it request by Homer Properties. We area. to of any further sales of Clearwater is truly should also alcohol in the interested in object to the above Si~cerelY you:JJ/ .~~~ Steven E. HO~ Deborah J. Hobbs ; '1' ..' '. . . ;. . [."':~...r~.'" .: ," :.i:;.:..~<-::r;..=.-;;...:" ~ ";., >T" ". .~~' ., " '. ,,' , -" - - -~ . IiIi ' - " T'Thell()ce.t1'on of' ,this' atore, unfol'tunlltp.1l,\ is 1ni the (] Gre'~n'~i9IOdr,lll'e8'\Or,: OleDr,.,,~ter Iwhere!. there hF.1B been, ll\ lot pr t, ~roublE,Il'atJd:' 'greh't 1 ngt.' th1 s" reque'et. would meke elcoholl c bbe'\'eroe,es" ~v~1-1ebl.e,t.\thus a6d1ngt, to' the. e.rea' B proble>m f f"or t!the':/pbltl't::e ,"'l1hdt,to',:tJhe', <l1eturban(le of'ltha "ne1g.hbo.rhood', !1n , . r.. 'e;ener'nJ. ~ .. . 4 ,r,'tW~~;'th'er'erore p'e't'1't1on Y'Dtr",tCY',see th~t ,the"as1.d pa~ke.ge aale e Oof.':'e\lioohb'1i1c 'beverages 'n'ot be all()'We,~. , ,'1 I I . . t . I.,.'.','; ,I .. ~ ',' ... ~ " ':. I .,11 L '0" " · , : ,,' .,~ f ,:).~ '.t'~1i.~ IOtfEIU~ ' ' , , .;, 1 ", ,.. 0" . .') , \; ! . ..' \:: " '~.L~ \', ~; ..~, 'n ", n 'A ..' ' ... ~l.: ,.:I~~,'::):(i~!:11"'I",1;8' o~ I,,.~~~ no '~'k-"~l."'. " . I / ....,. ':" " ~~( 'tit ~ , 'l{f~ \ ,0\';; It,~ ~:.. · .- n .A..4 J . I . '. ,. l ~.., f'4" ..,~ v ~ .,.... I '.r'".~ ~"\,II";.".I\'. ~"":I ~ \ " '., :~ ,', :.' ~~;~'I'~,~'1JA_ ,. <1 . 1/ ," ,\ "~~ 'L?~. ~ )"i~''''':~''l'' "~"." ' r '! I . i , , . I .. ,('. , ..' ,. hi' ' , t. ,) . " 'i, ~ ;",1;.\1 "'~"i'1""~"~ :/ ~~7. ' l ',.: '~(\:r,~-:' .' ~~~ I. ...... vll. ,,' l , i. : . , . .. , .;',,: :'t~ ,:,~~ t, 13tU#~~ ~I~. ~',~' ~'. :1<,:[ h, ~~ ;1 '1~ 'r' .~',. : , f"", ~ . , ,: I ...~l. . 4 .R~ ~U~,~, . " ! ,a.::-tt ~ ~~,~, "~~~~, 'eh" ,..,.., A ~~/ r'~ '::;~~~~:~ '. i 8-:1f'LU - /H(~l~ .eL, 0<,(';>/~ \9~~~~1 ,i"ii(~ f2~ ..,/t;/Jla M~ , :"1~ ~~'r7 ,) ..,fli., 1,J$~~. .~' Wet, . (~ ~f.v 0( ~ ~~ GTI)'ct:o> '. ,":. .'~, ~ "".' t ' . '. ,,'. ," .' ..,t.,. ',' .. , ' .' \ , , , '. !. " '" I _..'~' ,.,:. .,' _ .~~~> ~~"'_";~_'h,"",:' . ..' .' ''''J l~""".__~'.''''-''_'~''''.' , . '~~,.. , I . ~".." . CU,:, ''/-l> I . I ' I{l;: I 'I ,~ ,I'. ~ ~ i' fVle t.tlie\'Uridb riJl~tltid' hdvlng I' reo e tved I'your ,not ice of, publ1. c ~h~'r1ngI1ri.dloat1;ne:'.thet one,~J8meB.'J.' Orlando. haa ,mode Ilspp11otd,10nfforl peckDBe aeleR Of'" 91cohollclbeversgea w1.ah to ~ ~nd 1 cllte"~Ur' o\,).1e otlon B' to' the' req ueet. ~~e~~r~'6f~the\1nOlvldual.ertd oOlleot1ve.thoueht,thRtl~he l' prod uota"' f;\r'et' rea! lly available \ dn' c loee..' prox1m1. ty . such.. aB I, AEO~' Bnd~: \'11sone. ' I I . \~ Wel. tl ,-el1n'"' an" l\rea' the t ~ 1s' t!ta ble,' q u1e t.. end con t.roll ed. 8nd \I''''~uldl11kettot:''Bee',thtlt\ it!' stByet th9t: :Wf'Y. " ^DDEES6 ~ Jf6/ ~vVt~-t ftJl ~d'a: foo ~~ 4 If- U 0 ,$.v~J c~ ,yt1'~ d~~ if 4J ~ 0uduW f!T: . I 7:;), IN, ~~ (.11.AR-. " . , , , , , " ~ , " I ~ /)~ N" cOA-~U ~ ., . , ,.' J 71.) I.N {}s c&J/~ 'tv"€- ". I . II " )1 ()~ ~?ll (2~ c;L.... -< G?D ~ (J-J/lF' ~ ~ 0 If 'f 4<Jvf; ~~1f- , 7 d ~_ }t'( (!;h ~O( ~ .t' "/ lis'" ,,~~. L I) .j.,( f /( '',>, 3l () ~"U-'V\..~ <3" ;71'0 ~~.t2{- '':) ...j f2 () S (/"'1911'4 {" ,r C I 3 ~o AA/-'t-~C-l--- .~.".',~~Lfsl~ e)" ~ "3/:5-~~~~~ $J1><:k1t-llutlJ /-C2;', ' " ." ';,' ,~'~+':X~?H~~~:{nli':i:\:~;;~~'~:t~{~q:-~;';/;:!:)'::'~~r~~~~~i~!f,1~~; '(:I":~~C~}:,!1't~~"~,.\. "I,. ;,."~", r",', " . '~ :.' ~.'~t.{.. '':,t...,' . -:.:.;' : " " , .fl<' . '., 1 .-. W AGENDA PLANNING & ZONING BOARD MAY 5, 1987 1:30 PM ITEM ACTION (A) Approval of minates of April 14, 1987 " ! CONDITIONAL USES: ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below: 1 . The Chainnan reads from is presented. The Planning Director advises the Board of any information. The applicant or his representative Persons who support the application The Planning Director presents any Persons who oppose the application The Planning Director presents any Persons supporting the application rebut tal. Persons opposing may speak in The applicant has an opportunity The Board makes a decision. the Public Hearing Notice each item as it 2. pertinent background 3. 4. 5. 6. 7 . 8. presents his case. speak. supporting written documents. speak. opposing written documents. (other than applicant) may speak ~ v;;:J 9. 10. 11. rebu ttal. for final rebuttal. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. (B) Conditional Uses 1. Lot 10, R.H. Padgetts Sub. (1212 Cleveland Street) Homer Properties, Inc./David Moore ClJ 87-30 Request 3-PS (Package Sales of Alcoholic Beverages) Zoned - UC[E] (Urban Center [East]) 2. Lots 1 through 7, Sunburst Court (1710 North Ft. Harrison) James J. Orlando/Kenneth R. Mitchell ClJ 87-31 . Request 3-PS (Package Sales of Alcoholic Beverages) CN (Neighborhood Commercial) Zoned ,',"" ,":';l{.': ,'.' ,." ," ' l. ,',I. ". ".;" o 1'" Agenda of the Planning and Zoning Board - May 5, 1987 Page -2- ~ ~ 3. M&B 34.03, Sec. 23-29S-15E (1551 Highland Avenue) Edmund S. Whitsont Jr./Mudano Associates CU 87-32 Request Zoned Temporary Building for Banking Facility CC (Commercial Center) 4. Lakeview Square Replat Condo (1020 Lakeview Drive) A.F.B. Properties/ Kathryn A. McGhee ClJ 87-33 Request Educational Purposes of Tutoringt Evaluation, and Counseling Children OL (Limited Office) Zoned 5. M&B 14.03, Sec. 17-29S-l6E (2898 Gulf-To-Bay Boulevard) Michael D. Thompson/ Bobby Silor (Mako's) ClJ 87-34 i) Request 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) CG (General Commercial) Zoned 6. Lot 43, Drew Terrace (1736 Drew Street) Bruce C. Stahle/Mark Stahle (Val's Finer Foods) CtJ 87-35 Request - 2-COP (On Preadse Consumption and Package Sales of Alcoholic Beverages) Zoned CG (General Commercial) ANNEXATION & ZONING & LAND USE PLAN AMENDMENTS: (1) (2) (3) Statement of case by applicant 5 minutes Presentation by staff - 5 minutes Comments from public in support/opposition: individual - 3 minutes spokesperson for group 10 minutes Public Hearings are closed Discussion/Action by Board . (4) (5) - .') i ,/ " ~ .i .:"' <.'., .' , ' : ,0 ;:~,: t!':~~f~??;r!;~~"'~f ; l~~:;;';~~i;1!:.;:r,: l:r ..,' , . ,,~ :,' v' " .,' -'''', .:-- "\ "~;.,t." :".. - 'y;::,i> ~,:;\'(:_~;;~~tJi' ,':[]I"": ... ". < ;:::; }, " f ' :' '1; , ~~ .", )',:. \?, " l \ ; ~V ~ I , 1" Yj,~ ~.~:; ,j , ; - 1 J " ' ;:',::; fc ','~\ ~,::,\r f .<1 - ',' r- .',,. .. :t~ " t~~~;~~l "'\ r~:'~. ~~~ ~l )'" ,i: ,t ~ ~ [ ,,'.. f A;' f, '~~ \" 7. "\ .. .~ ','::' ii"~;' .. ~, , ~ '. Ci "t;. 8 . ',,': J\,',"'>"" I,' .... , , ,"';' , .,;:".~- ,.~,.:. 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( I ~. ..: 'ii';" ,:';}f ". ..,' i', 'I' '" ", A ".:/:" " ;: i ,., j Agenda of the Planning and Zoning Board - May 5, 1987 Page -3- \;" f:' .~ c. Annexation and Zoning . ; , ' ;" ,. 1.,\ ,_ 1. Lots 106, 107 and Part Lot 157 Clearwater Manor Sub. (Located on the west side of West Lagoon Circle and the south side of South Lagoon Circle, east of Belcher Road) (Delashaw/Selbmann/Sizemorc/Foerste/City) A 87-15 ;, j. .f " . 1 , Request - Annexation nnd Zoning, RS-8 (Single-Family Rcsidential "Eight") i ~', ; ':( 2. Lot 15, BIk. A Kapok Terrace Sub. (Located on the north side of Merrill Avenue, west of McMullen-Booth Road) (Bohl) A 87-16 .' i .~ , ,! .J ~ \"'~ r ':' e ~ "~ Request - Annexation and Zoning, RS-8 (Single-Family Residential "Eight") 'or 1~'i -...?: 3. Lot 33, Terra Alto Estates (Located on the southwest corner at the intersection of Sandy Lane and Highland Avenue) (Bengston) A 87-18 'i 11 4 ~ ! ~. , Request - AnneKation and Zoning, RS-8 (Single-Family Residential "Eight") ~::':~j t D. Annexatioll, Zoning, and Land Use Plan Amendment 1. Lots 3 through 7, BIk. A Dellwood Heights Sub. (Located on the south side of S.R. 590, approximately 1,075 feet west of McMullen-Booth Road) (Austin/Pappalardo) A 87-14 LUP 87-9 CONTINUED PRON APRIL 14, 1987 MEETING ~ ~, ,"'::. J. 1 ,( ,~ .. .," ',r ~:'~ '" '1 , i:- : !~ ;,',r RequeBt - Annexation and Zoning, OL (Limited Office) ;, of '/J 'l.'~ ... l.and Use Plan rROK: Industrial TO: Residential/Office ~:{:~. , , .=t.~.. .; .) ,:> \q l~ ';,11 " .. '<'>, ~~). '.' "':'0 ',. ,'j,.' -'0'. '7,'-.:' '''fi';fije :;1:i:iii:" '"7:'.' ~:;;:lI~?';i'~::;;~ .'.':::,???~;;;;~~(j;;';:i~~h~~~\\j"'j"q"::~~ltm%~~*$~: C' , f ,/:LJ ._~ ,'..::":_,:::: ;:~'~~~:..~~X~L:;'~~lE~::::~1t::~ , " '~:..~, ,~.,-,.. .-. . .~"'( J.:\' \. ,....'.",.. Agenda of the Planning and Zoning Board - May S, 1987 Page -4- - 2. Lots 8 and 9, Blk. A Harbor Vista Sub. (Located on the east side Avenue, south of Sunset (Dixon) A 87-17 LUP 87-10 of Douglas Point Road) Request Annexation and Zoning, CN (Neighborhood Commercial) Land Use FlWII: Plan Low Density Residential Commercial/Tourist Facilities TO: E. Zon1.ng Atlas and Land Use Plan A.endment 1. M&B 44.18, Sec. 21-29S-15E (Located on the east side of Clearwater-Largo Road, south of Woodlawn Street) (Jones) Z 87-6 LUP 87-11 ., Zon1.ng Atlas: FROM: P/SP (Public/Semi-Public) TO: CN (Neighborhood Commercial) Land Use FROM: Plan: Public/Semi-Public Commercial/Tourist Facilities TO: 2. Part M&B 24.01, Sec. 09-29S-16E (Located on the north side of the Pact site and on the eastern aide of One Kapok Terrace Condominium on the east side of McMullen-Booth Road) (One Kapok Terrace, Ltd.) Z 87-7 LUP 87-12 Zon1.ng Atlas: FROM: RPD-8 (Residential Planned Development) TO: P/SP (Public/Semi-Public) Land Use Plan: FROH: Low Density Residential TO: Public/Semi-Public e "". ,:""', '. ',', " ---,-, -----~--- '" '.