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06/30/1987 1,. ' " :.' "', ~', - "J:" ". t " ,.< , " ' 'I .. ,: . ~1;:.) Il, . ~' !. ,.}"f '-- ........... ---, ", " '.1, , " 1.' , '.' ' . '\ , . "", . ',,\ ,'. , " ,\ . ~ \ . HlNU'lES PLANNING & ZONING BOARD JUNE 30, 1987 - 1:30 PM Members present: Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Hogan, and Schwob Also present: M. A. Galbraith, Jr., City Attorney Members Absent: Ms. Nash and Mr. Green (A) Motion was made by Mr. Hogan, seconded by Mr. Schwob, minutes of tne June 16, 1987 meeting as written. unanimously (5 to 0). 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 tnis Board to have a record of the proceedings to support the appeal. (B) Conditiona1 Uses: 1. M&B 31.04, Sec. 30-28S-16E (2670 u.S. Hwy. 19 North) University High Equity Real Estate Fund-11 (Countryside Shell Oil) CU 87-49 (CONnNlJED FRO!! 6116187 mETING) .. ~"'Ilt, [.~~~t. -:fit". Zoned 2-APS (Package Sales of Alcoholic Beverages) CC (Commercial Center) Request Ms. Harvey advised this request for conditional use is for package sales of alcoholic beverages in the Commercial Center zoning district. She also advised the specific request is for a change of business ownership at a location currently selling alcoholic beverages holding a 2-APS license and is a service station located in the PharMor Shopping Center. She further advised the governing sections of the Land Development Code are Sections 136.025(b) and (c)(2). Ms. Rarvey 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 siK months of approval of the conditional use. . Hr. Jack Allred, applicant, appeared requesting approval of this conditional use. He advised he has leased a Shell station for 11 years, has sold package beverages from that location, and has recently leased the subject property and hopes to sell alcoholic beverages at the location. He also stated the previous tenants sold alcoholic beverages from the subject location for 3 or 4 years. After questioning by Mr. Hogan, t1r. Allred stated he purchased remaining inventory of beer for the premises, he is not sure if he will sell wine because space is limited, and he does not sell wine at his other service station. After further questioning by Mr. Hogan, Mr. Allred advised that, though the volume of gas sold is high, the profit on gas per gallon is low, he .I I -; I i I. i , , ,\, , .. '.1.....1:..,;1.. ',_}'1\) ...~_, '1'1)",-,\ ..".r~....'.r.,... " tji'l;~J:~J:~':~~':'.';~'~<:^,1: {\!~ff~'\~\l\~~i"~~~'f;:~':"~:.:~(:' .' \.. ~ '. :f;;.t~1.u(i' :tJ1'~''\'.l : ' <,.,j ~ f~''''''':'!:!,~J.~.:J!1 ';~...f.1i:i~ ,~....~i..~, . I" . ~"'i ' ;,,;:;::'r:{.';,;:~~:,:' ," ':'~'.':,'.: ''''-:''...:'~,'..;,:,:'~ ,;"~l..,,.:.:::, . \ :", ..-. ,~~ t,<: .. .'\:'",1' " ~t.;'::' "" ,', rj 1 . , '.-... ...-......- .. .:...-----.. ........... :f','. " .' :.,' ,/ ,\ , ", ~~rt~\'t.'tt'<I1~I\1't'(~\l:!'i\\~1!OI~~ iNo't~.~ Minutes of the Planning and Zoning Board - June 30, 1987 Page -2- ~,',.i' "'t '. ... r" will not have a convenience store since he will only sell soda, crac'kers, candy, etc.. and the operation will be totally self service. After questioning by Mr. Schwob, Mr. Allred stated he will be open 24 hours a day. No persons appeared in support of or in opposition to the above request. Mr. Hogan stated he is personally against alcoholic gasoline stations. He further stated he felt it was taking a stand to eliminate such a practice. beverages being sold in time the City started Mr. Ferrell stated. though he agreed with Mr. Hogan. this Board is limited in action it can take and there is nothing contrary in the Land Development Code as far at this application is concerned. Motion was made by Mr. Schwob, 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 (4 to 1) with Mr. Hogan voting "nay." 2. Portion of Blk. 2, Baskins Replat (2779 Gulf to Bay Boulevard) Rose Leon/Henry Cruise (Captain's Pizza) CU 87-50 ~ ~ Request 4-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CG (General Commercial) Ms. Harvey advised this request for conditional use is for on premise consump- tion of alcoholic beverages in the General Commercial zoning district. She also advised the requested state license is a 4-COP license. the request is a designation change from a 2-COP to a 4-COP license at the subject location with new business ownership of the license. and the location of the operation is an existing restaurant. She further advised the governing sections of the Land Development Code are Sections 136.025(b) and (c) (1). She stated the Traffic Engineer had no objection if parking requirements were met and Ms. Harvey clarified, since the use is an existing use, it is a grandfathered use. She also stated the Building Department had no objection and the Police Department saw no reason to deny license to the applicant. Ms. Harvey advised staff recommended approval subject to the use permit being procured within six months of approval of the conditional use. . Attorney Dick Eenn1soB, repre5entat~ve of Henry Cruise, stated Mr. Cruise is in the process of buying the business and intends to run the business in the same manner as it is currently run. He also stated the only change in operation will be in the type of license. After questioning by Mr. Schwo b, Mr. Bennison stated he doesn't think the name will remain the same. and the premises will be closed for a few months for renovations. He also stated the same type restaurant operation is intended and there will be no live entertainment. After questioning by Mr. Hogan, Mr. Bennison advised this license is an existing 4-COP license formerly held by the Judges'" Chambers. After questioning by Mr. Johnson, Mr. Bennison stated the reason Mr. Cruise is not applying for a 4-COP-SRX license is because he has a 4-COP license. . ' __"..',',,', '!'!I*lI"""',. no: '- "" , ", .,', . ,/::,. .... ." I, .' . '~.",,",-',,:,,~. ~'\,.',.',",',,:: . ~ ""f'" . _I:,:'.' :'"',:: '. ~~' ,1 ..:\ i : :', . . , . :.. ..-.0....._.. 7l'.' . , . , ',' " ~; ,,) t', it:.. ..-,. 'j , , I , , I ,', ' , " ..; ,', ~." ',~ ," . . ", ,.I~." P , , ., J .' ,I '.1, '.' < " .~ I"" . 1. .. 'V f~i , ,#'\ t':'~ I '\ I , I : ;, l ., , .. ,~~~~~_i{;.t,\:' Minutes of the Planning and Zoning Board - June 30, 1987 Page -3- o No persons appeared in support of or opposition to the above request. 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 (5 to 0). 3. M&B 11.09, Sec. 07-29S-16E (1450 U.S. Hwy. 19 North) Williams & Walker, Ltd./Donald S. Williams CU 87-51 Request - Outdoor Commercial Recreation/Entertainment (Miniature Golf) Zoned CR-28 (Resort Commercial "Twenty-Eight") .~'>;:~< 'iJ/1?'i' Ms. Harvey advised this request for conditional use is for outdoor commercial recreation/entertainment in the Resort Commercial zoning district. She further advised the property is currently vacant and is proposed to be used as a miniature golf course. She also stated a schematic included with the appli- cation shows the proposed development of the site for that use. Ms. Harvey stated the governing sections of the Land Development Code are Sections 136.025(b) and (c) (21). She advised the Traffic Engineer and the Building Department had no objection. She further stated this project will be required to undergo formal site plan review process. She advised the land is primarily within the floodplain and the proposed use is one that would be encouraged. Ms. Harvey stated staff recommended approval subject to the use permit being obtained in accordance with the time limitations that would be imposed on the approved Certified Site Plan. Mr. Donald Williams, partner of Williams & Walker, Ltd., appeared requesting approval of this conditional use. He stated the company operating this type entertainment contacted Williams and Walker to operate a similar operation in Clearwater. He also advised the proposed operation is a low intensity use of the property and felt it will be an asset to the community. After questioning by Mr. Schwob, Mr. Williams stated as much preservation of shrubs, trees, etc. will be maintained on the property and board walks rather than cement walkways would be used as much as possible. No persons appeared in support of or opposition to the above request. Motion was made by Mr. Hogan, seconded by Mr. Schwob, to approve the above request subject to the use permit being obtained in accordance with the time limitations imposed on the approved Certified Site Plan. Motion carried unanimously (5 to 0). . ;'" ):<,:\!,:;(:'f;~::t/~~:~\F~~.~'::~' :,'~': ': " '('. ," "'.' :';'1 . ." > ~ \,' "'" /' ~ i .>',,": , ~' ,';::1 ,.... . J~':~' I .,...., " , , . ", > ,",' .'.'.. ,.".'.,.";~""'",.:~i,"".. ~ '~"\."')I~\I'li1tli';,~..~~. i~~';.;1'''!!f,';l'' MY>""'lil " ., ~}jjllf" . , ;JF~~,*~\.. '_ ,;' ~;-:O.,."''''.;J"~,_>,,;..,k,'"/~'',''"''.,,,.,',,..,.:l,.,:..,,'''~..,. ~j.._~_~.,,,l... .~! .. I....., " Minutes of the Planning and Zoning Board - June 30, 1987 Page -4- I' (e) Applications for Land Development Code Text ~ndment: 1. Chapter 137, Sections 137.013, 137.021, 137.024, 137.025, 137.026 and 137.027 (Proposed Ordinance No. 441~87) Relating to appeals to the Hearing Officer from decisions rendered on variances and conditional uses; relating to powers and duties of the Hearing Officer and the notice and hearing requirements for appeals to hearing officers. Ms. Harvey advised the hearing officer procedure was established in September, 1980 for Clearwater and, of appeals presented to the hearing officer, 4% were appeals from decisions of the Planning and Zoning Board and the Board of Adjustment. She advised 64.5% of the number appealed were upheld by a hearing officer. She also advised that the City Commission does not want to regress to the previous procedure, which was to appeal back to the City Commission and Commission felt the results would not be worthwhile as 62.5% of the decisions appealed were overturned by the City Commission. She stated since the adoption of the Land Development Code in 1985 only 2.6% of decisions of the review boards were appealed and 56% of the appeals were upheld by the hearing officer. .'~., . ~.., Uii' Ms. Harvey recommended, as Planning Director, that the process continue since the boards" decisions are rarely appealed and relatively few appeals are overturned. She stated no decision to overturn by the hearing officer has caused potential harm as a result of the boards" decisions being overturned. Ms. Harvey explained proposed changes to the Land Development Code as follows: Section 137.013(b) defines "party in interest" or who may file an appeal as being the property owner, the city manager, or any person who will suffer an adverse effect to an interest protected by the land development code. The interest may be shared in common by the general citizenry but the person or party appealing must have an interest exceeding the general community. The definition is consistent with and has been drawn from state statutes. After questioning by Mr. Schwob, Mr. Galbraith advised the hearing officer would make the decision as to who is a "party in interest." He also advised the City Attorney"s office may file a Motion to Dismiss for lack of standing on the basis that the person is not a "party in interes tIt and the hearing officer would then need to decide whether to proceed with or dismiss the appeal, with the hearing officer's decision subject to court review. He further advised that the definition is being added at this time because the definition is not currently in the code. Mr. Galbraith stated a more narrow definition of "party in interest" intended to mean the property owner and persons who receive hearing notices was considered and rej ected in favor of the broader definition. ~\"r "':' . , ~ \, .,.. 1....., '_'" ":~,,,~ ~t~~.:. .. '". . ~ . ..: .1 : ~ :'. 'f' ; " , , . '.'.1, I. \, t'" 4. ':~l :.7]"...,',::. , . ,.., . .' . . :',' ,~' ,". ,.:' ", ,~. , .' ,~\' ,':.- '""J:, ',". !) , '.f . ",') ~, "'.. [.: Ci " ,''- .~ ',' I :, ,I" '.',1 I, I Minutes of the Planning and Zoning Board - June 30t 1987 Page -5- . Section 137.013(d)(1) provides that the hearing will be scheduled within the City of Clearwater. Section 137.013(d)(2) provides that notice of the hearing will be given to the parties to the appeal. Section 137.013(d)(3) deletes the requirement of the City Clerk to make a duplicate tape that would be available to the general public. Section 137.013(d)(5) provides that copies of the findings and decision will be provided to each party to the appeal and to the City Clerk. Section 137.013(e) proposes to eliminate the requirement that the appeal hearing is a "public" hearing. Public hearing implies that public comment is invited. The "parties in interest" are permitted to make COIl'.lnents but opening the hearing for public comment has been questioned by the hearing officer. The meeting would be open to the public but public comment would not be allowed. After questioning by Mr. Hogant Mr. Galbraith stated the term is not public "meeting" it is public "hearing" and the public is permitted to attend. He also stated the concept is that members of the public make comments before review boards and at the appeal hearing, audience participation before the hearing officer is narrowed to the parties in interest to the appeal. He further stated the idea is that this is an "adversarial-type hearing" before :~~~i the hearing officer not just a "meet ing" open to the world. Mr. Galbraith advised the hearings will be open to the public and the Sunshine Laws will apply but "active" participation will be by the parties in interest to the appeal. After further questioning by Mr. Hogan, Mr. Galbraith felt the change would be sufficient. Mr. Galbraith advised the Board it is his understanding that the hearing officers do listen to a tape of proceedings before review boards and felt repetition of some of the comments before the hearing officer would be redundant. Ks. Harvey stated the proper time for comment by the public is before the review board in order that it have all information before it to make its decision. Section 137.013(e)(2) amends the order of presentation at the appeal proceedings to follow the order of presentation that actually takes place at the appeal hearing. . Section I3l.0l3(f)(3) provides that the burden shall be upon the appellant to show that the decision of the board cannot be sustained by the evidence before the board and before the hearing officer, or that the decision of the board departs from the essential requirements of law. This provision allows for new evidence to be presented to the hearing officer. She stated new evidence is presented to the hearing officer at the present time on both the part of the City and the appellant. She also stated the Code Adjustment Board has had considerable discussion that this procedure not be allowed. Ms. Harvey stated persons appearing before this board are not required to prove "hardship" as is required before the Code Adjustment Board. Ms. Harvey felt the hearing officer procedure was ~;~~'!~~q#Wl5t~7~~:';;;~~i?ih~1fWr0;Qi~f~ri~(--l~."; '~:';~""" , " " ,--, I... . ...~ ',.' 't' . . ' ':~); . '. '~. , ," . t,',. .... .";"" . ~, . ,,,.: ,.i , I" "p'" , , . . .', . . ',' " , ',r . I "mt~w/ltlll\lJMIII\li!l~i~~~~~;' , 11IH...~i~?lt~/~s.t!~t~Z,.~~!::Q,",\:lW~~~lS~!. , Minutes of the Planning and Zoning Board - June 30, 1987 Page -6- . one that not only was set up to give someone an opportunity to appeal a decision of the board but equally give the opportunity to the citizen or an affected party to appeal the decision of the Board. She stated the Commission wanted to continue to have a Illechanism where the citizenry, if felt aggrieved, had the opportunity to appeal. She advised that usually a citizen, appearing at a public hearing in response to a public hearing notice, makes his comments known but usually does not attend with an attorney to make a case for himself. Ms, Harvey felt an appellate review by the hearing officer may cause a hardship on the general citi~enry of Clearwater. Mr. Harvey recomlllended this practice continue and be provided for in the Code. Mr. the the Hogan agreed but questioned if new information should be reheard before Board since new information may lead to an entirely different decision by Eoard. Mr. Schwob felt a final decision, in regards to new evidence, should not be made by a hearing officer but by a Board of citizens from the City. .\-:'~'.J.' ',rAt.~~<1.:?i ..... ~. Mr. Galbraith advised the purpose of the proposed ordinance was to include "technical corrections" to the existing code. He also advised that a two-step administrative process is currently in place, one of which is before the Board and one of which is before the hearing officer. He further advised that reversal by the hearing officer of a decision of the Board is not an adverse ref lection on the Board. After questioning by several Board members, Ms. Harvey stated the cost of filing an appeal is about $400.00. Mr. Galbraith advised the cost of filing an appeal does not completely cover the cost of a hearing officer. Mr. Hogan felt rehearings by the Board would save the appellant money and Ms. Nixon felt rehearing by the Board would be an improve- ment for the citizens of Clearwater. Mr. Ferrell stated he is in favor of approving the proposed ordinance as written. He felt a third party should review an item and render a decision. Ms. Harvey explained, if a decision by a hearing officer is one which the City feels aggrieved, the City is a "party in interest" and has the opportunity to appeal the hearing officer's decision to court. Mr. Galbraith noted that most new evidence presented to a hearing officer is evidence that has been submitted to the Board but has been restructured by an attorney. He further noted a rule not to hear new evidence before a hearing officer is limiting and the hearing officer's job is to listen to the tape, read the ordinance, and make a decision. Ms. Harvey advised that less than 3% of the decisions are appealed to a hearing officer. After questioning by Mr. Johnson, Ms. Harvey advised new evidence is not submit ted at all appeal hearings. After questioning by Mr. Schwob, Mr. Galbraith advised the existing ordinance contemplates that the hearing officer would hear sworn testimony from witnesses, which is what is taking place now. He also advised the proper time for the public to speak regarding an application is before the Board and this change would encourage the public to appear before the Board rather than the nearing officer. Ms. Nixon felt she would rather have a rehearing before the Board and then appeal to the hearing officer. She felt the small percentage of applications appealed would not significantly increase the items :~..::.L . '''", ,l ...\-A;"'A'fj~", . 'J '::~:~~~~~;:;,~i~~;'.-l;,.t:",^, '~::~f~?~~~(ij:~~~~~:;,~~~,~; ::,~, ',"" " . ,",1" ":'g':';'"",,: ". .' " .' \.: ' , ' ' ", 1""7 '-_\ ~ " , 'I ,I . ',' ':', 1 1 Section 137.027 is amended to increase the time period from 30 45 days in which a public hearing item may be continued and without re-advertising. days to reheard " .~ ~. "#." ":'~' ','.., '. ,', '," I r )::.'1 ,- r, - ,.\}f} i__ I \ I '-, ~> , n I I ,'" I:,: , " I, '.' , i ., " ,i ," . Minutes of the Planning and Zoning Board - June 30, 1987 Page -7- considered before the Board. Ms. Harvey advised every item that is denied by the Board would come back for rehearing. Mr. Schwob felt the proposed changes would make wording consistent with current procedure. Section 137.013(f)(4) adds language allowing the hearing officer to impose conditions. This language was added in order to suggest conditions to the hearing officer when a decision is reached contrary to the City's position. Section 137.021 clarifies that the role of the hearing officer is to conduct the hearing during the appeal. Section 137.024 is regarding publication amended to remain consistent with previous appeal hearings are not "public" hearings. of hearing notices and is sections amended to clarify Section 137.025 is amended to clarify that the City Clerk will obtain the list of property owners within 200 feet of a public hearing subject from the latest published ad valorem taK records of the county property appraiser. ~ ~ After questioning by Mr. Hogan, Ms. Harvey advised the 5-day posting require- ment contained in Section 137.026 could be any number of days but requiring more days posting would necessitate more time between filing of applications and the hearing date. She also advised the only properties posted are anneKations, zonings, and Land Use Plan amendments. She also advised that posting is not a state requirement. She further advised posting of the properties has been very successful. After further questioning by Mr. Hogan, Ms. Harvey stated that the signs might possibly be destroyed by the weather if posted for a longer period of time. Mr. Galbraith advised that two more changes will be added before the proposed ordinance is before the City Commission, those being: 1) The decision of this Board will be stayed until the hearing officer makes a decision, and, if appealed to Circuit Court, the hearing officer's decision will be stayed pending final outcome of the case; and 2) Judicial review will be had by a Petition for Certiorari rather than a Notice of Appeal. . Ms. lIarvey advised the above changes were staff initiated and the Planning Department recommends approval of the proposed ordinance. She also advised that the Development Code Adjustment Board's recommendation to the City Commission included: 1) One member eKpressed interest in expanding "parties in interest" to include more persons; 2) The appeal to the hearing officer should only be an appellate proceeding; and 3) If the City Commission agrees with the recommendation that the appeal to the hearing officer only be an appellate proceeding, the Development Code Adjustment Board requested the opportunity to read the amended ordinance before final approval by the City Commission. ,:;;;~::;~Y~~~1/~:'!:'1''':'::' . ',. , \ " " , ' , :t?(.',',' ..I:;" ,::...:r,. .... ,"' ,I' ..." ' . ) ,,:. ;' " " ~~~tl'1}~~~mOi~". ~_ Minutes of the Planning and Zoning Board - June 30, 1987 Page -8- Mr. Hogan felt that, though the City cannot deny the right of an applicant to submit new evidence to a hearing officer, those items where significant new evidence is introduced should come back to the Board before they are appealed to a hearing officer. Mr. Galbraith advised that the City attempts to encourage an applicant to present its best case to the Board involved in order for that Board to make the best decision possible. He further advised the City does not want to see an applicant jumping back and forth between the Board and the hearing officer. Mr. Rogan advised that if this Board recommends approval of this proposed ordinance the City Commission should be aware of concerns regarding the process of introduction of new evidence. Ms. Harvey advised that since the adoption of the Land Development Code there have been a total of 240 requests heard by the Planning and Zoning Board, of which 47 were denied; of the 47 denials, 5 were appealed; and, of the 5 appeals, 3 were upheld by the hearing officer. Mr. Schwob and Ms. Nixon felt the numbers suggest that the system is working. The following persons appeared to give their comments regarding proposed Ordinance No. 4419-87: Ms. Ann Garris, stated she agrees that the burden of proof will be on the applicant and agrees that the hearing officer may impose conditions. She disagreed regarding new evidence in that if ci tizens have responses to new information brought by an applicant they should be allowed to present it. ~tF~~ Mr. Donald J. Gundersoll, Jr., stated the changes in the proposed ordinance appear to be concessions to developers. He further stated public hearings should maintained as public hearings and it is not the Planning Department's role to limit public hearings. He also stated there are many nonvested people who should be permitted to speak at hearings. He felt Clearwater is getting a bad reputation because of the lack of public hearings and people speaking at public hearings are not being listened to. .(,t: i::1i~~;f;\Y~'Y':f~ik~5::~'tf,(:i~;;;i;~;:Z:': ?CX:" · ~. I . f;._. . . ,_ f ,~_:... Ms. Mary Helem Marsll, stated she disagrees that the public is not permitted to speak at a hearing before a hearing officer. She also stated she does not clearly unders tand who is a party in interes t and questioned if the "parties in interest" are those who have signed the appeal letter. Mr. Galbraith stated the parties in interest will vary from case to case, as it may be a property owner, a neighbor, or an individual or group in the area affected by the decision. He also stated the "parties" should be identified in the appeal, but it is possible to call a witness or witnesses. Ms. Maran felt the suggestion of a rehearing before the Board is a good idea and suggested a limit of two appearances before the Board, charge a fee for the second appearance, and go before a hearing officer as a last resort. She also felt the fee for an appeal should be lowered. After questioning by Mr. Schwob, Mr. Galbraith advised that persons who want to speak at an appeal hearing have at times contacted his office prior to the appeal hearing. Mr. Johnson stated his concerns with the proposed ordinance have been alleviated after hearing details of the ordinance. ~.,--"-~."_ .J", --'.",' ....-;-~.'":~...'I;....t.. .t~"':'.t...'''~''':.'''i .....~.l "'-'~~~.--"'-"',: " . . \"'.', 1..1,. ::' . """:_ 'I: , 81' , , ,'. . ,", " ' , , ,,: ' .' . ',:' ), ," ,'. , ' , 'I, ",. . ',' /,~ \;':' - , . ~,. . : I '. .,', ) ;': ~ i'J I I : ,;~ ' , ,;'l'.' \~tA ~ I. I , 'l I, ., ,,\"," ,.'", , , , , , . ,"\',,' , , .. , " ",' , .,.' " :. i' " .. , 'j' I ft ( t ~ I .' .,;, :. I . ' c, ~~~ltt,,_1 . -t.' ;1.', Minutes of the Planning and Zoning Board - June 30, 1987 Page -9- . Mr. Schwob verified the appeal statistics regarding conditional uses with Ms. Harvey, and felt the people of Clearwater will have their say regarding any an appeal hearing. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, City Commission to approve proposed Ordinance No. 4419-87 carried unanimously (5 to 0). to recommend to the as presented. Motion Motion was made by Mr. Schwob, seconded by Mr. Hogan, to recommend to the City Commission to approve additional changes to proposed Ordinance No. 4419-87 as follows: I) New Paragraph 137.013(c)(4) shall read: In any case where a notice of appeal has been filed the decision of the board shall be stayed pending final determination of the case; and 2) Paragraph 137.013(f)(6) after "shall be final" shall read: final, subject to judicial review. A new paragraph 137.013(f)(7) shall read: Judicial review of the decision of the hearing officer shall be by Petition for Common Law Certiorari to the Circuit Court. In any case where judicial review is sought, the decision of the hearing officer shall be stayed pending the final determination of the case. Motion carried unanimously (5 to 0). 2. Chapter 136, Section 136.020(e) (Proposed Ordinance No. 4411-87) 'l'j,;g~;i :":n\'!<: To def1.ne "persons" as the term is used in the dimens1.onal and numerical development requirements for family, group, and congregate care facilities. Ms. Harvey advised this section of the Land Development Code defines the term "persons" as applied in regulating congregate and group care facilities in Clearwater. She also advised this amendment is the result of a decision of a hearing officer that defined "resident" in a context different than what the City applied "resident" in the code. She stated that the term "persons" would be defined in Section 136.020(e)(4) of the code as "all persons residing on the premises, inc.luding but not limited to cared-for individuals, foster parents and supervisory personnel, regardless of ages." She also stated other changes in the code will be necessary in order that the code remain consistent with the definition of persons. Those changes are as follows: Sections 136.020(e)(2)(a) and (b) should be amended by changing the last word of each paragraph from "resident" to "person." Ms. Harvey advised a farther amendment to the parking requirement sections of the Code, specifically Section 136.022(f)(4)(a)(5), will be required to change the term "resident" to "person. II Ms. Harvey advised staff recommended approval of the proposed ordinance. After questioning by Mr. Hogan, Ms. Harvey advised minimum requirements are only applicable to facilities that have more than five cared-for individuals and the purpose of this ordinance is to clarify the term "persons." . ....~ ..':";a. .. -" ~~ -;.,....'.---, ,f/ ,:,.., .. . r'.' .,. '" . ~ \: '. , '.'>:) .. ,'(\ , ..... " r:;;:. ..~ \ I I I. ,J,' ",!! i .' . i , " ,> .\ :l ' .'.'f:, ,', Minutes of the Planning and Zoning Board - June 30, 1987 Page -10- 0, , '. A discussion followed developments and possible regarding the same. regarding ACLFs being located future amendments to the Land in condominium Development Code Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to recommend to the City Commission to approve proposed Ordinance No. 4417-87. and to include in approval Section 136.022(f)(4)(a)(5). Motion carried unanimously (5 to 0). 3. Chapter 136, Section 136.007(e) (Proposed Ordinance No. 4416-87) To delete the registration requirement for nonconforming density or floor area as a condition for the reconstruction or replacement thereof after damage or destruction by natural causes. . ,~>.t. ,r. Ms. Harvey advised this amendment to the Land Development Code concerns the registration requirement for nonconforming density and floor area. She also advised the City has taken the position in favor of providing within the code the ability for a property owner to rebuild existing density or floor area if it is nonconforming when a structure is destroyed by natural disaster or natural causes to a level of 50% of the replacement costs of the structure. She further advised this provision has been carried for quite a long time under the nonconforming section of the code. She stated that several years ago the City provided a provision for registration of density, the concept first occurring during areawide rezoning. She also stated many property owners were concerned that rebuilding would not be permitted in the event of a natural disaster and the City provided for such registration of density through the Building Department. She further stated provision was made for property owners to register their properties and floor area up to December 31, 1985. Ms. Harvey advised that, if one was not an individual property owner who had received notice of the public hearings during the areawide rezonings or if one did not have property rezoned as a result of the Code, one may not have been aware of the requirement of registration of nonconforming density. She further advised that when property owners attempted to refinance their properties they found their properties were nonconforming and would not be permitted to rebuilt if destroyed by natural causes. She also advised that consideration was given to extend the deadline for registration but the Commission realized notice would not get to everyone. Ms. Harvey stated the City was faced with the problem as to who would and would not be permitted to rebuild. She also stated there are many ways to verify density such as through site plans and the property appraiser's office. She further stated that, by direction of the Commission,an ordinance was drafted to eliminate the requirement for registration of density as a prerequisite to rebuild in nonconforming density. She advised the burden of evidence lies with the property owner to show floor area and/or density before the property was destroyed. She also advised the registration is still available and is encouraged though not required. Ms. Harvey advised that staff recommended the requirement for registration of density with the Building Department be deleted. I) . ~ .... - . -' ....-~ ..:. '~ .:' .:, ; ~ ' ;: ,J ,'" ,', I. ' it_. I I I, ! . " . ~ . :. r:, ,.., \ II'., : l." , "; , " "; :,">~:A ",,,. . ,. ,". .; -', , . ~. . . '.. .,:,.... I': .J 'p :, : 'h . :1, Minutes of the Planning and Zoning Board - June 30, 1987 Page -II- <=> Ms. Harvey advised a letter in support of the proposed ordinance was received from attorneys representing the Diamond Isle Condominium Association and the Starboard Tower Clipper Cove Condominium Association. @ ~~.'rJ: . The following persons appeared to give their comments regarding proposed Ordinance No. 4416-87: Mr. Robert Wray, Board of Directors, Starboard Tover Clipper Cove Condominium Association, stated property owners are concerned about property values if the proposed ordinance is not approved. After questioning by Mr. Schwob, Mr. Wray stated it is his understanding that his condominium was registered. Hr. Donald J. Gunderson, Jr.. Secretary of the Capri Hotel Condomniuu Association, stated the City should maintain the records of density. Ms. Nixon clarified that the present ordinance, requiring registration of density, would allow Capri Motel Condominium to only build 5 of the present 6 condominium in the event of a natural disaster; however, the proposed ordinance will allow the 6 units to be rebuilt. Mr. Gunderson stated, if the burden of proof will be on the Board of Directors of the Condominium, the Board will be required to have adequate insurance. Ms. Harvey clarified that the City is trying to eliminate required registration of density in order to rebuild. She also advised the burden of proof will always be on the property owners to prove to the City to have what they say they have but it will be easier if they have filed registrations with the City. Mr. Galbraith stated, if the ordinance is adopted and the language regarding registration is removedll the ordinance would be similar to ordinances in most other cities regarding b~rden of proof. Mr. Gunderson stated the ordinance should be maintained for the convenience of the property owners rather than the inconvenience of the Planning Department to maintain the records. Ms. Harvey clarified the registration is proposed to be eliminated as a requirement but emphasized that registration of density will still be allowed. Hr. Herbert W. Leonhardt, pointed out that in November grandfathering went with the property and suggested it stay Harvey advised the nonconforming section of the code is talking and doesn't address ownership. of 1981 the that way. Ms. about property Motion was made by Mr. Hogan, seconded by Mr. Ferrell, to recommend to Ci ty Commiss ion to approve proposed Ordinance Mo. 4416-87 as writ ten. Motion carried unanimously (5 to 0). 4. Chapter 135t Section 135.086 and Chapter 136, Section 136.025 (Proposed Ordinance No. 4415-87) To allow noncommercial parking lots as a con- ditional use in the limited office district. Ms. Harvey advised the Limited Office district previo~sly classified as Professional Services allowed noncommercial parking before adoption of the Land Development Code. She also advised under the proposed ordinance noncom- mercial parking would be allowed as a conditional use in the Limited Office District. She further advised that several uses permitted in Limited Office '. .~<;~{+~~:~;J,7;~W~~ErB3J~~';~l;;:'~;~:.~-: . . . '1' ~ 1 ,.' " '..... " '.. '.. ~+.. '..^, """"1....,. , . . , . ' . . .. . ., .' I'; '~l .. .' c::~ I . I :1 " ' ,,', I' ," , .. ~'. ': ., . '. :,' ;,,:" .. '" '.. "" . .,'. "_&~~~~~ ' Kinutes of the Planning and Zoning Board - June 30, 1987 Page -12- o district, such as professional off ices, funeral homes, and both multifamily and single-family residential uses all requi re on-site parking. Ms. Harvey stated the subject for consideration is the freestanding use of a parking lot that actually might be serving an adjacent use more intensive than found in the Limited Office district. She also stated the Limited Office district has been used as a buffer between residential and more intensive uses and placement of a parking lot between those two uses has served to provide a buffer. She further stated, if the Board has the opportunity to review a request for a noncommercial parking lot, the general standards in reviewing such a request would apply and any special requirements necessary would be placed when the request is reviewed. Ms. Harvey stated staff recommended approval of proposed Ordinance Wo. 4415-87. Kotion was made by Mr. Schwob, seconded by Ms. ~ixon, to recommend to the City Commission to approve proposed Ordinance No. 4415-87 as written. Motion carried unanimously (5 to 0). 5. Chapter 137, Section 137.005 (Proposed Ord~nance No. 4418-87) To define the term "existing grade" ~ ~ Ks. Harvey advised the proposed ordinance is suggested for clarification of "existing grade." She stated there have been occasions when developers have provided fill or additional grading before placing a fence or wall on property which resulted in fencing or walls higher than allowed by the code. She also stated existing grade will 'be defined as "The natural earth surface, or the earth surface altered for drainage or other engineering purposes determined necessary by the City Engineer." Ms. Harvey advised staff recommended approval of proposed Ordinance Wo. 4418-87. Motion was made by Mr. Hogan, seconded by Ms. Nixon, to recommend to the City Commission to approve proposed Ordinance No. 4418-87 as written. Motion carried unanimously (5 to 0). D. A.endmellt to the Code of Ordinances 1. (Proposed Ordinance No. 4420-87) Relating to alcoholic beverages; creating Section 72.11 through 72.18, code of ordinances, to provide uniform operational regulations for all establishments in the city dealing directly or indirectly with the sale or consumption of alcoholic beverages; amending Sec. 136.024, code of ordinances, relating to zoning and separation requirements for alcoholic beverage sales; repealing Sec. 136.025(c)(1) and (2) and Sec. 72.01 through 72.10, code of ordinances, relating to alcoholic beverages. . Ms. Harvey stated the proposed ordinance is in two parts, amendments to Chapter 72 of the Code of Ordinances, and amendments to Chapter 136 of the Land Development Code. one one part part bei ng being ,):, ; ',J' ~,.,~ r " : J-' " , :" "",1 )~ J , '1 , f '1 'I', . " )~.' I' ";,' ,,' , \ ':- I, \ \. : ,',nT;...'."." ': . " ' :, "'. ," 'I' ,'" " . ;'1 ,\ ::,' ,I', ,. ,.'i ',1 .' t.."~;,:.: '. I ., r!":" ~ I \ I. i " ':-- I' :~II...~~~":"I;r~~_~_.;.-...,...-"~~RJ~~~~~:. Minutes of the Planning and Zoning Board - June 30, 1987 Page -13- ~~~ Ij~"/: ~\..:) '~~yl Ms. Harvey advised Sections 72.01 through 72.10 of Chapter 72, is proposed to be repealed and Sections 72.11 through 72.18 of Chapter 72 are proposed to be created as replacement sections. Mr. Galbraith advised that several provisions carried forward to the proposed Chapter 72. changes to Chapter 72 as follows: of current Chapter 72 have been Mr. Galbraith noted proposed Closing hours - no changes. Prohibited acts - essentially the same. Premises - The definition of premises has been expanded due to a special act by Pinellas County. Church, Club - have not been defined. Alcoholic beverage establishment - has been retained. Golf Club - has been deleted. License designations; classifications - has been deleted since the list is incomplete and out of date. Mr. Galbraith advised the guidelines in Chapter 72 have been deleted since they were a duplicate of guidelines contained in the Land Development Code. Employee requ~rements - has been deleted. Ch~e of Ownership - has been deleted as an activity which would require action before this Board. lIe advised that currently conditional use approval is required for any new establishment, change of location, change of business ownership, or change of license designation. He also advised expansion has been added as an activity requiring conditional use approval. He further advised staff recommended deletion of the requirement that change of ownership be approved by the Board. Separation requirement - A SOQ-foot radius requirement has been added. He advised the separation requirement has been redefined. He also advised language is included in the ordinance to grandfather existing establishments and the separation requirements are not subject to variance. . Ms, Harvey advised this proposed ordinance has been reviewed with the Commission through one of its work sessions at the time it was received. She also advised many suggestions were given by the Commission, one of which was whether 500 feet is the appropriate separation, She further stated she was advised by the Commission that when it reviewed alcoholic beverage requests the SOO-foot rule was used as a guideline and was ignored more often than it was followed. She stated the Commission has requested this Board to recommend to it a possible separation distance, or whether there should be different separation requirements for different license designations. She stated, though , " oJ', .r, j ,~ ' , .. \ . ) " , l , , , , . . . ;. _....__~~~AilI~I!2m; Minutes of the Planning and Zoning Meeting - June 30, 1987 Page -14- A ~ no specific separation in feet may seem correct, it will give this Board a base in terms of reviewing an application and the possibility of imposing additional conditions to be met by the property owner before it can open for business; such as, buffering, fencing, limitation of hours, etc., beyond which is required in the Code. Ms. Nixon felt that, rather than establishing a specific separation, the Board should use its rule of reasonable distance as it has in the past. After questioning by Mr. Schwob, Ms. Harvey stated she is in favor of deleting change of ownership approval by the Board because it is a change of an individual. She stated, though an individual's idea of a theme for an estab- lishment may be different from another, this Board is authorized to review "conditional uses" by following a set of standards and those standards do not include consideration of whom the property owner might be. She also stated she has a difficult time putting this Board in the position of reviewing an individual. She further stated that, as required by the State, and the Police Department does a background check on the individual. She advised the City does not issue the license. She further advised the Police Department advises this Board whether there is anything wrong with an individual's background and it does not lDake a reconunendation whether the conditional use application should be approved. ~'~~ '!i. J:,' After questioning by Ms. Nixon, Ms. Harvey advised a conditional use is running with the land, based upon different requests. Mr. Hogan felt if change of owne rship approval is no longer requi red there is one less avenue of control by the City and comment by the citizen. Ms. Nixon felt the Board does not rule on individuals. The following persons appeared to give their comments regarding proposed Ordinance No. 4420-87: Ms. Ann Garris, felt the exclusion of the Beach Commercial dis trict in the separation requirement is a disservice to the residents of Clearwater Beach. She also felt the change of ownership is one way the City has to bring alcoholic beverage facilities within the standards of the Code. Ms. Joanne Lorver, submitted letters on behalf of neighbors who could not be present, who were objecting to the proposed liquor store on North Ft. Harrison and who were objecting to the removal of any separation requirement (letters attached). Ms. Lorver felt Clearwater is a potentially fantastic City but felt lDore control is needed. IIr. Donald J. GuD.derson, Jr., felt staff was recommending the lessening of control of the Board rather than reinforcing the ordinance in effect. . Mrs. Lois Cormier, stated she never saw the City Commission turn down an alcoholic beverage request and never heard this Board or staff talk about Chapter 72 which clearly states a 500 foot separation. She stated the Board is given a zoning map with conditional use applications that marks the 200-foot radius and felt staff seldom recommends denial and the Board seldom denies a license application within 200 feet with of residential areas. Mr. Johnson advised the Eoard is governed by the standards in Land Development Code which .....~ i~1~~~f~~~!;,!;",~7)\;'~;~~},;f';;!;;\V-:." ",' ',' . · ,.'.. ' ....,. . ., I' . ~ u,'. . . -..... ---".--.-- '--- ..... -- - "t' ",," :'7"1".: '.< ' . . .. .' ,.,' i' ;:) ... ,~:', t::. I !. .1 ~ I ~ ., ',' .. .' " \.' " . . ,. ". '. . , ' . . ~~~_fIIIt('~ Minutes of the Planning and Zoning Board - June 30, 1987 Page -15- (:~ \2:::..:-' states an establishment shall be sufficient distance from churches, schools, hospitals and residences. Mrs. Cormier felt the separation distance should be a specific distance and felt the Board and staff were not concerned with the 500-foot rule but were more concerned with the 200-foot rule. She noted the Land Development Code, as she understands, states if a conditional use becomes a nuisance the conditional use can be removed. She felt the Board has granted conditional uses with few exceptions. She also stated the change of ownership approval should remain under the Board's control. Ms. Ellen Hardgrave, President separation requirement should be makes it more difficult for the be a benefit to the community. of Pinellas County a specific distance. teenagers to consume MADD Chapter, felt the She stated anything that alcoholic beverages will Hr. Frank Flewelling, stated it is exceptionally hard to rehabilitate alcoholics and it would be harder if a liqllor store was near a church. Hr. Herbert W. Leonhardt, expressed concern about the City losing control it now has. He advised the State recently forced a Clearwater Beach licensee to give up his license but the Occupational License on file as of June 26, 1987 indicates the license has not transferred (see attached). Hr. Win Reudeck, felt the Board should retain control over change of ownership approval. ~'~~;t i~~'" Ms. Dorothy Benjamin, North Ft. Harrison and 500 feet of a church. expressed concern regarding proposed liquor store on stated she doesn't want any more liquor stores within Hr. John Kavanagh, expressed his concern regarding the proposed liquor store on North Ft. Harrison and felt it contributes to lowering the value of hls property. Hs. Harriet Ackerly, stated North Ft. Harrison is getting worse in every aspect and the City should not allow more liquor stores closer to residents, schools and churches. Mr. Johnson reminded the citizens that the subject of this public hearing is proposed Ordinance No. 4420-87, not a proposed liquor store on North Ft. Harrison. He reques ted the citizens contain their comments to the proposed ordinance. Hr. Christopher Adair-Toteff, expressed his support of at least a 500-foot separation requirement. . ~s. Mary Helen Haran, felt if the proposed ordinance is adopted the citizens will have no recourse concerning liquor stores. She felt even though a liquor store owner agrees to close his store at midnight it should not be located less than 500 feet from church, schools or residents. She felt this ordinance is making it too easy to have a liquor establishment approved. Ms. Nixon clarified the midnight closing does not refer to liquor stores and liquor stores would have to meet the SOO-foot separation requirement. .... ';~~~:1?t~1~~t~.g;;~i;:'\~';:",., :,!;.,':}:~i;;f~Ft~1~~~;:t1:~~;'~,::;{" . ,.... , , , ' .',l. " ~.,; :...r ~: ,,,':"'\ "'-' .~ I I I I J .]1 "j' , I' I , .. ,.,' ~ ,j, '. '. ..(' .j....:. \".:. ,.J, . , ' I . .~.- : :, , -,' . ~. ~ , ". ", "j- ...n' r : I : I ,. . ~ .. ,'\ . ": " '.' ",j , "'.:" ""-- @.." .. .~ '1 " ,-,"; ',- .: :.4!1\~;, 11'4;1;). ,t"c-~.tt:1' . ) ~ij.... ,; "'I " , "71'" , . - . ' . , ' . , .. I" j,. I ,., "\ ~/ \ " , ,,/ ' k_~, I , 'I ' "", J. ,It:J.'. . ~:_ M .....'v-- ~I._~etf~_~d " r Minutes of the Planning and Zoning Board - June 30, 1987 Page -16- Dr. Ron Crawford, President, Coalition of Clearwater Homeowners Association, questioned if liquor stores can be located less than 500 feet from schools. Ms. Harvey advised the current ordinance would allow a liquor store next to a school but the proposed ordinance will put in place a separation requirement of 500 feet for a liquor store. Dr. Crawford stated our children are our most valuable asset and alcohol is one of the largest problems they face. Kr. George Athens, felt U.s. Hwy. 19 should be an exception to the separation requirement. He felt restricting a use would not provide protection and making it more difficult to find alcoholic beverages is against the ideas of sensible drinking. After questioning by Ms. Maran, Mr. Galbraith advised the exception to the 500 foot separation requirement doesn't set a specific distance on establishments serving liquor for on premise consumption. After questioning by Ms. Hardgrave, Ms. Harvey advised package sales will not be permitted within 500 feet of a school. After further questioning by Ms. Hardgrave, Ms. liarvey advised the business owner is responsible for controlling underage drinking and the City would have no ability through the proposed ordinance to control the use of false identification by teenagers. Mr. Galbraith clarified the separation requirement in the proposed ordinance is 500 feet. He stated the exception to the separation requirement would be for those establislunents selling for on premises consumption and ll1lling to close at midnight each day of the week. He also stated the separation requirement would then be for the Board to decide. He advised this type of establishment would typically be a restaurant serving alcohol by the drink and not a noisy nightspot. Mr. Johnson expressed concern regarding deletion of approval of change of ownership and regarding the elimination of Beach Commercial and Urban Center from the 500 foot separation requirement. Ms. llarvey advised it was the Planning Department's consideration to eliminate Beach Commercial and Urban Center from the separation requirement because these districts are miKed use districts. She advised uses such as retail on ground floors with residential uses on upper floors are encouraged and would have no separation. She advised the other zoning districts have clearly defined separate districts. After questioning by Ms. Nixon, Ms. Harvey advised the noise ordinance can be enforced quicker than requiring someone to return to this Board for violation of a previous~y approved conditional use. After questioning by Mr. Hogan, Mr. Galbraith advised the language used in the noise ordinance is "loud and raucous noise" and is based on federal and state cases that say the term is not ambiguous. Mr. Schwob stated he is opposed to the deletion of approval of change of ownership. He felt the Board looks at standards and questions applicants. Mr. Hogan felt this section should not be dropped at all. .",.7jf;:'i/;" '...' ,". ""-1;:'1;'" ," ,'.,^...',. ,~..-~,., ;'.'.,n..".,:..~,,:,',.;, \~~J;; :~"~'t7:~'i~:-':.,. :~';""'-' :'.~t.:i:\;~j~-i.!::.y:.i~,2,;,"/::\~,'"~~,Ji",1~,~,,.:~~ :~, ':'. - :.. .~~;/:,,~,,~,~SN':.;':;;( ':, :';~.<: , ' '.., " '.\\. . .....':'-,'...-.- . "'"- . :-"~...............,,,"'i!'. .. .........~ '!""h__iIJJ f<: ,. \. . . .. ."....t...... "';' ..... .. ~ . . .~..- ..~'" ..~ _.' _ .: ~ .~.:..... .:,...... I:. _=: . ." ".,' ,'.',""',,'1;,' ..:. . ,'\:.,t .'.1'" . .\....\, .,t" " ' -' d" ~r~r"'Wld~M:W.llM;"'7M:~Mm~au \ \ ..1 Minutes of the Planning and Zoning Board - June 30, 1987 Page -17- ~';;-0 l<;i: '. f. ". .,: '!:(~~~ ':~ Motion was Commission owners hip" made by Mr. that, not be the City business Schwob, seconded by Ms. Nixon, to in regard to Section 136.024(a), deleted. Motion carried unanimously (5 recommend to "change of to 0). Motion was made by Mr. Schwob, seconded by Mr. Hogan, to recommend to the City Commission that wherever "change of business ownership" has been deleted as a requirement for conditional use, it not be deleted. Motion carried unanimously (5 to 0). Mr. Schwob stated a set separation requirement maY' create problems and felt rather than a set separation the Board should use the sufficiently distant rule and depend on cit izens to tell the Board their feelings regarding an establishment. Ms. Nixon agreed. Mr. Ferrell felt the 500-foot separation might be used as a guideline and felt something is needed as a basis for consistency. Mr. Hogan stated he had no problem with the SOO-foot separation requirement and felt there should be no liquor dispensing establishment within 500 feet of a church, school, hospital or residence. Mr. Galbraith explained that the separation requirement was included in the proposed ordinance because the variables involved with the sufficient distance standards are hard to set forth in an ordinance. ~~\~t.i Motion was made by Mr. Hogan to recommend to City Sectioll 136.024(d) regarding separation requirements, 136.024(d)(2). Motion died for lack of a second. approve Secti()n Commission to but delet ing Motion was made by Mr. Hogan, Commission to approve Section Ms. Nixon and Mr. Schwab voting seconded by Mr. 136.024(d)(1). "nay. " Ferrell, to recommend Motion carried (3 t() to Ci ty 2) wi th Motion was made by Mr. Hogan to recommend to City Commission to delete Secti()n 136.024(d)(2). Motion died for lack of a second. Motion was made by Mr. Schwob to recommend to City Commission to delete Beach Commercial from Section 136.024(d)(1). Motion died for lack of a second. Motion was Commission p1'eviously made by M1'. Fe1'rell, seconded by to approve Agenda Itea D ( 1), discussed. Motion was withdrawn by Mr. Hogan, to recommend to City with the exception of portions Mr. Ferrell. After ques tioning by Ms. Nixon, Ms. Harvey advised if schools and churches were not included in Section 136.024(d)(2) means 1'estaurants cannot be located within 500 feet at all. Mr. Galbraith stated if an owner is willing to close its operation at midnight, it is usually not the type of operation that is objectionable to residents. Motion was made by Ms. NiKon, seconded to Mr. Hogan, to recommend to City Commission to delete Section 136.024(d)(2). Motion failed to carry (0 to 5). 'j ," ,.' ~. ~-"'. , '..... r.: ~. .> ~ . . ~. ." ~, , ,,~ .,' ," ~ ' t. ',:' ~~ , 1 ;:., ... ~~- I I I I'~ ,f : . I ~ I I'r"l' a .,f . ',. , ,-; : .'. '. ,; I,: .; " ~' ,'.;. ..~ " , " . 'I ,,{ .-........ Minutes of the Planning and Zoning Board - June 30, 1987 Page -18- Motion was Commission previously (5 to 0). made by Mr. to approve Agenda discussed and Ferrell, ltea acted seconded by Ms. (1), with submitted. D Nixon, to the exception Motion passed recommend to City of portions unanimously on as Ms. provide areas. Harvey advised the Board the separation that distance it will from its be the applicant's responsibility proposed premises to to surrounding Hogan and Mr. Zoning Board Board of change of City Commission would be also advised the Board that she would Department, that approval of change Harvey and Galbraith advise is firmly against business the City the deletion ownership. Ms. Harvey made aware of the Board's be recommending, on behalf of business ownership be Mr. requested that Ms. Commission that the Planning of requiring approval by the assured the Board that feelings. She of the Planning deleted. (G) Board and Staff C~nts The Board generally 4375-87, regarding Ms. Harvey advised Thursday, July 2, refer it back to advise the City Commission discuss Ordinance No. felt it minimum proposed Ordinance No. the downtown area. before City Commission on the City Commission would Ms. Harvey stated she would Zoning Board would like to 1987. the Board would like to discuss parking requirements Ordinance No. 4375-87 was to be Mr. Galbraith advised that if the Board so wished. that the Planning and 4375-87 a second time. in Meeting adjourned 6:05 PM. Pa la Harvey Planning Director '~ :. " l' J :.., " , ", I J ; i 4 ,. .' ~', '. ' " /..,. ", (: . , .. "/ .! :;1: /",:':) , ... (,' ,.;,/. "'-I' ~ {, 2140 U.S. 19 No., Clearwater, Florida 33575 Pr (l pCl ~e d :ti o td I nance 4</,).0' 'tl . Telephone (813) 797-6975 CVi/las Jun e 30, 1987 City of Clearwater Commissioner,s Office 112, S. Osceola Ave. Clear~ater, Florida 33516. ...., '. Re: Proposed Ordinance Residential Property- and Carry Out Liquor stores: Gentlemen; The Proposal to reduce or eliminate the minimum distance residential property and carry out liquor stores and, or result in many injustices to residents. between bars, 'Will Several months ago the Planning and Zoning Board wiselY rejected a request for a Cop.4 license to Melon,s restaurant owner in the adjoining complex, Hillcrest Center. Some of the problems we have hadand,are one with a Carry-out beer license- so compounded,,).f a full carry-out license the problems are: 1. Excessive noise 2. Overcrowding of FIRE-LA.NES Reckless driving Unsanitary acts such as- in th parking lot within forty Open dr inking in th €:parking Sex in the parking lot Destruction of property Littering Lack of control to Chief Kline, still having with two bars- close to us would only be was permitted. Some of and foul parking language facilities, including parking in 3. 4. Nausia, urination and (40) ft.of the lot bowel movements closest resident :I~ 5. 6. 7 ,6. 9 ,? " by with City Commission, copy letter to Police Mayor, Dept.(see copy dated Apri12S, letter 1987) J ,~:; 1<ec) d ~-30-~ 1 t I I \~ 1 ... i ~. .~/. " " :','. ". .' ._...~............, ...-- . {>/:::.: <' ~ <'.f'r<<:',' , I '., .".,' .,"J" ' . ,', ~ ;" '../' ':,14' ..t,t'~:. / f," t '.~~t:; '1'.1" oil'" ." ';:,," ",.;'. ".'~F;'rl:~::~~ " , ,I.: .:,1, , , I. . !", ,\., "'~:0);:~:ijt':l~:~{i:,1':: "': " ,'I L~.. --...~ kJ. 1'./1 r- : I HA J/S II ~ l> FoR, "J.Z~S (J I'l 1 c.'" " ~'1 r,lf ~,.., /"'iJr?;~ ,. Ck I K~~ A II P/N& J~ y-" ~AL '7}'l3~ F~f. I,c;/#;..y 7Nr C /;C C -'-'A "s.r,." '1(/ I /liE" AI/J".r ~ tJ I? ,/), /Y ~~ c s: :.r.> P"A'"; AN IJ ~ E /#1 Ii' r IC ~;:: 77I-E D~", ALJ )//~~ ~ KErr v:.~.'" 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L t' '-/ .// "',,'" ,.I l~fI' L-,-L". 1._ .:i-.I }"- ,-- ,d...i.L.) flVf.-.L.,Lt:::-1 /', eo&--" " L....v " -{.l,-&,;;',Lf:"~ "~1 I'~ ',1 ,L /........ ) /~""I~..v . I _I-""~' /'.. i'" t-- (, {..' ~,L"" .., : .lx~'~~';'- '-' ,J- ...,L.:;. '. .{ ~, z./T'\/ ,u::.-6-.~"....r ..:[ h.....~. , ' q::d!ol.....o::--c ~ , " ' [i;...-' ~;;, ~Y ,:/.... -..... .i . :/ ....'-0.'. r ....{.:v' ,-U.J.:.... / 'I . p....to.-A ,.J-i--1..:..L-i.1 :, _i:~C-- Ii . . ~ . ,..../,'../,,-1.'--, ..--Z:. (. ..-:/ . '- I' :;/ . ,,-/v:, < ,tL ..... ..J~ ' ~....[..I.... .. "I ~ .' r~(. ,. - ./:..Li//'ll.Jo"....A , , l' ~Jl-"'" ,,-' ,....{ (.... .:..l../L.../ (.~ '~,{}...l.. i.. - ( ,I, i..-:. ' l.i /i ~.;;. , oJ L/... 2'r'i.......~.....L..- ,. ~.NL-dA'.,1f /) -;/" ~- ;~t.- ") 'L' , ,--' .......... ...-...-- "") /~'-- 1/ ,.L..{..; 'l,.," '\'1 · . . tJ ..._L-.t,-:7::7:...,:..J-t~., L '- l_ ~,,~ " l/ tL jCf06 J .{-- t' ~ I... .. L, ......../'t-2......L .. ..- (' ,.j ..1 ':,,'" ., I,'; '..,~,.r,:_.....::~l:.: '1';- :. . .~ ~:" . . I... ,'I' :: ','. ;:' ,,' -; '" '/ "."".' " . -'. ~'''J:', "" ',I,. . ,t,' '. ,I' ..~ ..........." '1''''''''''' -"ii1.lJr ~t;~~~1 DEAR NEIGHBOR, AS YOU MAY WE~L KNOW, MANY OF THE RESIDENTS IN OUR AREA ARE FIGffTING A PROPOSED LIQUOR ST~OE THAT IS TO BE PLACED ON N F7. HARRISON. THE PLANNING AND ZONING BOARD, IN ALL TffEIR WISDOM HAS APPROVED THE LOCATION OF THIS PACKAGE STORE, BUT THAT DECISION IS NO~ BEING APPEALED. TffE HEARING DATE HAS BEEN SET FOR AUGUST 16. WE WILL BE ASKING FOR YOUR SUPPORT AT THI,S HEARING IN THE NEAR FUTURE. UNFORTUNATELY, JUNE 30th, IN A MORE IMMINENT MATTER IS AL HAND. ON TUESDAY CITY ffALL AT 1:3~ THE CLEARWATER PLANNING AND ZONING BOARD WILL CONSIDER A PROPOSAL TO RECOMMEND TO OUR COMMSSIONERS THAT THE PRESENT 500 FT RESTRICTION FROM A LIQUOR STORE TO ANY RESIDENCE, CHURCH OR SCHOOL BE REPEALED. FURTHER tHEY ARE PROPOSING THAT NO DISTANCE RESTRICTION AT ALL BE SUBSTITUTED! WITH THIS CHANGE, iHE RESIDENTS WILL LOSE THE PO~ER TO CONTROL OUR NEIGHBORHOODS. ,. 'V4lJI ~E ARE ASKINC AS MANY PEOPLE AS POSSIBLE TO BE ,,. MEETING TO PRESENT THEIR VEIWS OR JUST TO BE THERE WE WOULD ENCOU~AGE YOU FRIENDS, INFLUENTIAL OR OTHERWISE PROPOSAL IS 9TH ON THE AGENDA, SO WE ARE WilEN IT WI~L BE DISCUSSED, BUT PLEASE BE POSSIBLE AFTER 2 00. OF:FORCE PRESENT AT THIS AS A SHOW TO CONVINCE AS MANY OF YOUR TO ALSO BE PRESENT THIS UNABLE TO PREDICT THERE AS SOON AS IF YOU NEED ARRANGE ONE A RIDE PLEASE CALL US FOR YOU. AT 447 2470 AND WE WILL THANK YOU FOR YOUR SUPPORT. . ..- ,"/ ".-: " I ;, \ _.,f .' '~":;~'=:~~ ;.... j.-.ooq'-MPW'" j' Propo~ed # o t-d, fla.flGe 'I-<f;2o ~ 'i1 -/ @-;..i.. .~'- .P . .;:;;.\';' 2140 U.S. 19 No., Clearwater, Florida 33575 Telephone (813) 797-6975 'o/il1as June 30, 1987 City of Clearwater Commissioner,s Office 112, S. Osceola Ave. C1earwater Florida 33516. '. He: Proposed Ordinance Residential Property- and Carry Out Liquor Stores: Gentlemen; The Proposal residential result in many to reduce or eliminate the minimum property and carry out liquor injustices to residents. distance stores and, or between bars, will Several months ago a request for a Cop.4 adjoining complex, the Planning and Zoning Board wisely license to Melon,s restaurant Hillcrest Center. rejected owner in the Some of the one with a compounded ,). f problems we have hadand,are still having Carry-out beer license- so close to us would a full carry-out license was permitted. with two bars- only be Some of tbe problems are: 1. Excessive noise and foul language 2. Overcrowding of parking facilities, including parking in FIRE-LANES 3. Reckless driving 4. Unsanitary acts such as- Nausia, urination and bowel movements in th parking lot within forty (40) ft.of the closest resident 5. Open drinking in theparking lot 6. Sex in th.eparking lot 7. Destruction of. property 8. Littering 9. Lack of control by City Commission, Police Dept. (see copy letter to Chief Kline, with copy letter to Mayor, dated Apri128, 1987) "Rec)d 6,-3C> -~ '1 ,,' .. I" ,.,.,,"\ ,-".. ", ,,'J", '\' .;..' -; \-~" PRDpo:sed.. CJgO ~ #;J.D-cgl 2140 U.S. 19 No.. Clearwater, Florida 33575 Telephone (813) 797-6975 -, ~illlJS 'i . . .'.. '. Problems- Continued The aformentioned conditions of this complex. Why compound other locations who have a ounded by the problems of occur from 20-175 problems' for right to this type ft of the residents us or residents in expect a life style NOT comp- of business. ... Sincerely, Members of Hillcrest the Villas Board of Directors Condominium hssociation,Inc. Charles P. Speicher President ~QF '..- ' .. - 2. ~ ..", \. , I., ~' , .,'1" t", ":'",!. :..... .....t.. } ~. .,; , ;, ]: \' , , 1- PRoP,ORd. I{t(.;). 0 -81 J - ~'V\'" " ., .~\ .;?~':~\-~ c J,'~"w., r64. FJ.. 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LJN S4rVRP~ ,feN.!) dtlNP'Y AI~off~/"~ C' riJ-e4c A~II .lJ71.N-"J~;f.. rR--. ~r-?r cAr7 OelJe ;CANS ANI.> l36T7~FS. / 114", Allor Oel4/ A&~ 711 I i G & 1'"";tN 4 IV$IpJOt... A t 7; 771; L '~It~" '7,;JP- 7;j,nI:;'. ,/1flle;r"(;e"l ;:;,#~ "'7;,. ~/-e,1 lJ",1"TII .J E"1I'''~L. /J16~741J ,I}~. PuR,.""e.... "TN, 11/ ."e1r~l7 C 4'~ rAI /?/V71fIlN&1 K~~.p ~r OF)lI.A-,/j /J1,F~"s C&lIt13 A-r B,,7'.H /?',a.DS tJF-ll'/i" B""~."AO Wl'"",,*' F;'~~.t .fA-I ~ '"".rlf. ~. "E~ ar/~.,.y,/AI&I .r I V'A.u.. Ww4!"~J I 1. ~ 71"f / ~~~IoIA 7#1 '?;"';e.E 2JiI'T "r ~a",,7' 11:1_ 7'~ .,-. J1}".~'r I' '1~ '''-~4-AS ~""A';-p /Ai' ~~'sl' r;'~.. LA.N4'$. ! AlII /J--r,;,,IJI 14.... 7#..k"~-:V ~""..r r. 7#1' 2:-4'.1 C"~f'/~~ ~ /J"., -r1lF..r,.~"",.J ,/J, P'T H f-4'f)~ ~?: '!t!1 p~/.,o /_1- l?trr* 7ft:1't6 I'I'!> ? Y6". e. "'"",rJ A III"IPE~ /~ rep. rN~r /N /Jj 11"11- '. /I III l -- I it IC.. /flit: ~ /JJE~6.N S D.1;A1 4 L I' Co JT....r It'" O~T A- ~ 7. -l:~;":J;. ,!~~"t1 i INt 'I."'/~~ ~~ F, '1('1'" Pp:1:" S Ijp"".~~ ~ }j.~. 771,. A/I1~ y AND :rHI 1 I J/-r /I .. vir ~ A'p i4. (;s,"r," VI ,Ie r,~.. IJ'''.. 11',.. ',- . ! ~/,p'y T; fJ?~,t( R/?"H ~"K'"Y,/ 'p~,.., , ?'~-I'~..:1 I / :,.;": ,:," ~ ,\','1.; " ~~ ..' . " ,:'""<;.:", -';. '<':r;."; ~'. , ~. .. " ' ',-, ~./. 'I, .' -...." ", ", , ''''. ':" ..:., , :i~;~.;>: :.' ", :..,m~~.,:,:: :,6. : .. J,~" ',," . . ':~~i:! .< '" :'W' "~.ir...,: : "~~'~~~' ,': .:' .. - . . :.: ~j..:; ~", . ..' .~.,. . ~ : ';:'1.'r,: ';. " 0' ~":~:!~:'~:)"'" ";', '. : '",....' , 'iJ~(/;? {,.... ..~'.,l ~. f~ '. , "1 ~~','. . .; -!\\~..~ .. ( . ::;J ?-::..::, ':, . ~l,~:. to' " ri~tN} ...,f:J.".;.:.:. ::t~\.i; :', ',~\'.~:.. .. " " .; "', , .' '.'" .~ , ;.~: ! , /"'\ ' l....:.l \ , " I " " '. , . . . . .' . . ::::,it!.:: . ... , ',' ~: I ~, . I . I .,' " , . , ,I - . ,\' , . ".' .....:..: _._..~L~.~_..:...~-.:.'-:":"",:-'",,-,:~~ ~. . :CJili'f~';QF'. Gl:EAR\Vi'\T~ .. ~.",.' 'J\::'~'o~~ .' '. '~~.~\..Vr-L. al- \'1 '& ;' , \: ' , ;, ' ,,' I. ~ <... \, I ~~~--.:.- - --":"~-.:..- ~- --._...~;- -~~~~- -'-'--.. .0. .' ., . .' t' , ;.' \~ ." " , . ',' ,', .,' f . . \. ~ . : :.:,1 " . , .' . " . ~.~ ~__-:...... __'-.l_ _,__ " '1 I 'j . i , '. ::~ OCCUPATIONAL LICENSE ~O.87. 04627 P.O. BOX 4748 CLEARWATER, FLORIDA 33518 '<I . ,t, I '" ,I " . " :; I ':1;., 1 .' '-'1 . ":<.":j .". .1 ...,.::'.':1 ".' '. ..,. .: ,." >::;.~;: '~I ::..;:.f.:;:: '.. NAME & ADDIlESS OF BUSINESS OR OCCUPATION THIS LICENSE MUST BE POSTED CONSPICUOUSLY IN PLACE OF BUSINESS T D AIlD:G Ille DOCK OF THE BAY '735 BAYWAY DL CLEAR\-lATER "', DOCK OF THE BAY 735 BAYWAY BL CLEAR\{ A TER FL 33515 fL 33515 OWNEI'IS NAME Be MAILING ADDRESS ..'.... " : ~;.~';' , LICENSE YEAR PERIOD BEGINNING PERIOD ENDING ISSUE DATE CONTHOL NO, ";.. .:...... . ... .; ;: ~;. . ~~; .: '., 1986-87 OCTOBER 1986 01 , SEPTEI.lBER 30, 1987 9/29/86 08195 . ~:. :', . ....:,:. .' " 'i;~ ;:.;:, ...;....,'.. ::\\.: :; ~'.. ~.:: '1 TYPE 153000 013020 075010 FEE 200.00 150.00 110.00 PENALTY TOTAL RESTllURAHT AHUSEHENT MACHItlE:LESSEE DANCIIIG:CABARET,CAFE,lIIGHTCLUB 200.00 150.00 40.00 . '0.,' :'.:<:' "';' -Of. : , ::. -~ -- I ,- .. 1-. ';r.. J t-,,) - I .f, .~ .. "-',, .... .' '. ,:;:, 'I . '0' :'.;. 'J ,:':." :i ;:-:' ::\ . :' '::'1 ,., f :,':'1 :.<., :~l .1 I o TRANSFER FEE: $3.00 TOTAL RECEIVED THIS LICENSE DOES NOT PERMIT THE HOLDER TO OPERATE IN VIOLATION OF ANY CITY LAW OR ORDINANCE. ANY CHANGE IN LOCATION OR OWNERSHIP MUST BE APPROVED BY CITY LICENSING DIVISION. ~@~ ~~OO@1rn~OOlllli ))~"- ':,' 10,," , , . .. ~ ' . , ,.' ...' ;t."'; , ^" ..: ~..... =R.opos~d ~ a.-A I no..nc.e. ~42D--81 JWl.e 291 1987 8^,.,. ..,', . 'P l.ann1.ru;;. and. zorz.i.ng. 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"~""'i': , . ."':;~~;j:1."'. . . - r'I~~t. :'11. . ..j{l~;:~,;\~ " 1':.'4~:\'~. .'.: .;'; ij;1~C:, '., 'i J .., .::1 .:',;.:::'::1 ...:,.-.'.1 ) ',:,> "-:. \': 1 ": ":1 OCCUPATIONAL LICENSE ~O.87. 04627 P.O. BOX 4748 CLEARWATER, FLORIDA 33518 J. .' ;J ~ '::::::::'::J .: I, : 'f ,",.J' . 4 ., ~ . . , : ':';;. ,:,' "j . 'f.:'.- I : '. .... " -', THIS LICENSE MUST BE POSTED CONSPICUOUSLY IN PLACE OF BlJSINESS f..:;':,i.::: . :~~/.~4: .""..\'" .-1: :~~1~1 :~l:t:~::: '.; ~'l' ,:. : ~ ...,;'.... .~..~;~:.::~.~ ....~,...~ 1" ...t'. ,; ,;', ~~ '.: ',I,. ~Ii';'~t:. ::/.~.:{.1. '. 'I.;',' ~~: t:i~:; ::~: I '1"'.....,.1 ., ,... ' J . >;;'fJ ..: "~: .: .;, ! -f:\t;:. .: 1'-- . I. T D AND DOCK OF BAY '0 INC THE BAY. I 135 BAYWAY'DL CLEARWATER DOCK OF THE 735 BAYWAY CLEARWATER BL FL 33515 F'L 33515 OWNERS NAME & MAl LING A DOR E5S NAME & ADDRESS OF BUSINESS OR OCCUPA liON I. , ' , ' PERIOD BEGINNING PER 100 ENDING Issue OA TE ' CONTROL NO. LICENSE YEAR 1986.87 OCTOBER 1986 SEPTEMBER 1987 01, 9/29/86 08195 30, FEE \ 200.00 150.00 ~O.OO TYPE PENAL, Y TOTAL 15300() 013020 075010 RESTAU RAI~i AMUSEMENT; ~ACHINE:LESSEE DANCING:CABARET,CAFE,NIGHTCLUB i 200.00 150.00 40.00 ~ r ~ ,~ ~ () ~ '? i-t: ~' .~ \, ?<) - '""7',~,,':'-...( '~:';i,:~:\ :. >::',:' .~~ >,;,,: "1 r':~;"":~':l oJ .,. . >:::.':'/ '." ""'1 ~ .', . ;. .:~ o TRANSFER FEE: $3.00 TOTAL RECEIVED THIS LICENSE DOES NOT PERMIT THE HOLDER TO OPERATE IN VIOLATION OF ANY CITY LAW OR ORDINANCE. ANY CHANGE IN LOCATION OR OWNERSHIP MUST BE APPROVED BY CITY LICENSING DIVISION. ~ID~ ~~~IDmYl~~' .;( .~ ,'" ".:, . ....'... 0';: '",", ", l' ::::,- ....f ,,A: t:::, I' I :i' '. i' I' : . , , !, ,.: i .. '3' ' 1\'.1 r ) l :~ , . I'", t: " ('. J. (' II ;.- ,'. I [:" f I ! I. l' V i" r: I: \.' '/ . , ) ,~ , , , :"~\E : ,-;,. . :.n' , ~ .' ':) , ,~ I " 'i.""".'" ',r. ;,,f.':; '., ,'I' >. . ~. .' , " . 'Jl" h ' . '- . ' :. '. :' ORD. 4-lf 1. o-~ 7 l~1%:'" ~(j w~ ..ur- C FiLcc./v'Y\. I \ ,(, oJ.Il-- ~ )-no p~ ~.v, IX~~'~ '))0 . gt..'-"'C ):l~~(J'..,--",' ~ "'L~ ~ ~~.~.~ 1r-~> ~~~~ ,.~~-6J.-, ~ -t.-<l ~r ~ ~ o:fJ y::Lu ~ ~ ~/~~ ~-t:;;,~ 'It - ~ . J);C ~ ~..,;L~"'-' ? ~ ~ ~F~~-i~ ~~ ~~ ~ .P~ ~u7 .fi cv~- .L:;; t~e ~;[~ ~ t' ~/f..,/U!.) .l-J- ~~,~ .::VY ~/~ ..~.. ~ ,~ 4;J~ ~~~ ..L,(J-~/l;.A - ~.~ j ~ ~~ ~t~~ }((o3 J~")O/L i~~r~1~1~\~'~~WJiif~~*~~:il7\..t . ~.~ . < ,'. > "".'-' . , :i\-..; l' ;,<,,..,4 , .....:7..... , .....--- H -.~' , ~" .' ' , , f '. !.' ',I ,I .. i':,'. <:~,... ," ,; ,1'1 . ,j . .,' .;'.\ . ~:;.~ , . I 6 .~ .~ t ',: i I. , . : ,: , :. '. ~ . , ~ I' , ' '.:. ':, ~.: ~... , C".". I" l\/~ '~~~"':,~r:(.f7:. '" " :. \. . ~~--..~ "I' . ,(~. , :'"'' I ~.' '. >>;1..":.,,, . 'd., ',...:.. "', -- .., ,.I' . .' ., ,'- ::"" '\ , '". , ' ,,?;~ ' 'c -=1, . . ' , , .. \ ' \.' . , , ' I, ' ~',:, : '. . AGENDA PLANNING & ZONING BOARD June 30, 1987 - 1:30 PM ITEM ACTION (A) Approval of minutes of June 16, 1987 CONDITIONAL USES: ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below: 1. 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 may speak in rebuttal. The applicant has an opportunity for final rebuttal. The Board makes a decision. 2. 3. 4. 5. 6. 7. 8. . V/IliI 9. 10. 11. 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. M&B 31.04, Sec. 30-28S-16E (2670 u.s. Hwy. 19 North) University High Equity Real Estate Fund-II (Countryside Shell Oil) CU 87-49 (CONTINUED FROM 6/16/87 MEETING) Request 2-APS (Package Sales of Alcoholic Beverages) Zoned - CC (Commercial Center) 2. Portion of Blk. 2, Baskins Replat (2779 Gulf to Bay Boulevard) Rose Leon/Henry Cruise (Captain's Pizza) CU 87-50 . Request 4-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CG (General Commercial) ~. , , > ',' , , '.--: . .: ;A;;x~:lii.~fe:;;\:': ....~.I,..".;,,\.A',,:.-.", " ":,,'~' ..:~.':::::;;i:i,r<;:":r,,:;;y~~V;\:" '~'I .;~..",'} ~',~td ~ .'- '., . ., .:.:- .,.."....: :. }:., '",,\ ""I, ,. ',.. ":." . ",' ,: , .' , .. .'.'" Agenda of the Planning and Zoning Board - June 30, 1987 Page -2- 0",. '. .~ 3. M&B 11.09, Sec. 07-29S-16E (1450 U.S. Hwy. 19 North) Williams & Walker, Ltd./Donald S. Williams Cll 87-51 Request - Outdoor Commercial Recreation/Entertainment (Miniature Golf) Zoned - CR-28 (Resort Commercial "Twenty-Eight") .J' c. ApplieatioIlS for Land Development Code Text Amendment: 1. Chapter 137, Sections 137.013, 137.021, 137.024, 137.025, 137.026 and 137.027 (Proposed Ordinance No. 4419-87) Relating to appeals to the Hearing Officer from decisions rendered on variances and conditional uses; relating to powers and duties of the Hearing Officer and the notice and hearing requirements for appeals to hearing officers. 2. Chapter 136, Section 136.020(e) (Proposed Ordinance No. 4417-87) ,6 ~ To define "persons" as the term is used in the dimensionaal and numerical development require- ments for family, group, and congregate care facilities. 3. Chapter 136, Section 136.007(e) (Proposed Ordinance No. 4416-87) To delete the registration requirement for nonconforming density or floor area as a condition for the reconstruction or replace- ment thereof after damage or destruction by natural causes. 4. Chapter 135, Section 135.086 and Chapter 136, Section 136.025 (Proposed Ordinance No. 4415-87) To allow noncommercial parking lots as a conditional use in the limited office district. 5. Chapter 137, Section 137.005 (Proposed Ordinance No. 4418-87) To define the term, "existing grade" . ." ., - ~ . "'.Jj""'" ,:...' ,;',', ."),'j '.') ,,'F, .;:'>.':r~'J. ~~~ "," ',. ." ',,1,','."< " ""1'1\ ':. . - II' 1-- ,:jSP' . t~;'; {':'~:'"I ~ ~::'!~::\ '. ;'.",1 -. :".. III