07/14/1987
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KINUTES
PLANNING & ZONING BOARD
JULY 14, 1987 - 1:30 PM
Members present:
Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Green,
Hogan, and Schwob
Also present: M. A. Galbraith, Jr., City Attorney
Members absent:
Ms. Nash
(A)
Due to noncompletion of minutes, motion was made by Mr.
by Mr. Schwo b to delay approval of minutes of June 30,
Planning and Zoning Meeting scheduled for August 4, 1987.
unanimously (6 to 0).
Hogan, seconded
1987 until 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 decis ion of this Board to have a record of the proceedings to
support the appeal.
(B) Condi~ional Uses:
1.
Lots 6 through 9, Blk. B
Plaza Park Sub.
(204 North Greenwood Avenue)
Mr. & Mrs. Anthony P. Granese
CU 87-53
ti~~1~
Request
Zoned
Noncomnercial Parking
RM-12 (Multi-Family Residential "Twelve")
Mr. Green announced a conflict of interest in the above and stated he would
not participate in voting on the above request.
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Ms. Harvey advised this request for conditional use is for noncommercial
parking, located on the west side of Greenwood Avenue, in the RM-12 (Multiple
Family Residential "Twelve") zoning district. She also advised the governing
sections of the Land Development Code are Sections 136.025(b) and (c)(l9),
which specifically states that this :Board needs to specifically al1thori~e
access to a parking lot from a residentially zoned area. She fl1rther advised
access to the parking lot, according to the design included with the
application, is from North Greenwood and the Board must specify access from
the RM-12 zoned area to the parking lot. She stated the Traffic Engineer and
the Building Department both advised they had no objection. She also stated
the area zoned RM-12 and the area immediately east zoned RM-B is an area in
Clearwater that has been preserved as a residential neighborhood. She further
stated the Planning Department has maintained this area as residential and
though, there have been a number of requests to continue to provide for office
~oning along the north side of Drew Street, conditions were clear that office
~oning w0111d extend no further. She advised the area on the north and south
sides of' Jones Street is also preserved as residential. She also advised
Planning's concern is that approval of this application would not compromise
the posl tion of the. City and Jones Street being a viable residential area.
She stated the introduction of parking lots into the area aids in losing the
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Minutes of the Planning and Zoning Board - July 14, 1987
Page -2-
.
residential area the City is seeking to preserve. She advised she hoped the
approval of this application would not appear as though this type of project
was encouraged in this area. She also stated she has no objection to applicant
providing parking for the proposed office.
Mr. Anthony Granese, applicant, advised the proposed parking lot would
accommodate three small offices in that location. He also advised the proposed
entrance to the parking lot is very close to the intersection of Drew and
Greenwood but by uoving the parking lot access to the alley, entrance could be
160 feet from the intersection. He further advised, that after contact with
Traffic Engineering, a better access to the parking lot would be from the
south side and still 160 feet from the inter:section. He also stated the
parking lot would be landscaped and buffered as required. After questioning by
Ms. Harvey, Mr. Granese advised he also owns Lots 6, 7 and 8. After further
questioning by Ms. Harvey, Mr. Granese advised he would have no objection to
filing a Unity of Title for Lots 7, 8 and 9, and had so agreed when he met
with the Code Adjustment Board. Ms. Harvey stated Lot 6 would not need to be
included. if it met parking requirements and if the Code Adjustment Board so
agreed.
No persons appeared in support of or in opposition ta the above request.
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Motion was made by Mr. Schwab, seconded by Mr. Hogan, to approve the above
reques t subject to the following: 1) That a Unity of Title be obtained far
Lots 7, 8 and 9; 2) That access to the parking lot shall be authorized through
residentially zoned property from Greenwood Avenue; and, 3) That this request
is being approved on an individual basis and approval does not indicate
possible future approval of other accesses to parking lots in the surrounding
residentially zoned property. Motion carried (5 to 0) with Mr. Green
abstaining.
2. The Regency Sub.
(2552 Gl1lf-to-Bay Blvd. )
Hardee's Lease Partners/Sandra L. Baney
CU 87-54
Request - 4-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
.
Ms. Harvey advised this request for conditional use is for on premdse
consumption of alcoholic beverages in the Commercial Center zoning district
and the state license applied for is a new 4-COp license at the above
location. She advised the governing sections of tne Land Development Code are
Sections 136.025(b) and (c)(l). She further advised the Traffic Engineer had
no objection if parking is adequate and the Police Department saw no reason to
deny license to applicant. She stated that on July 23) 1987 the Code
Adj118tment Board is scheduled to review a parking variance needed to
accommodate outdoor seating. Mr. Harvey advised staff recommended approval of
the above request subject to the following: 1) That the use permit be obtained
within 6 months; 2) That approval of a parking variance by the Code Adjustment
Board or a lease with the adjoining s'hopping center to share parking be
obtained) both being predicated vn the outside seating.
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Minutes of the Planning and Zoning Board - July 14, 1987
Page -3-
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Ms. Harvey advised one letter of objection was received from James Towers who
is the adjacent property owner to the east and south of the subject property.
Mr. Todd Pressman, representative of applicant, advised the applicant is to
meet with Mr. Towers in reference to a lease agreement for additional parking,
with the hopes of having an agreement for the meeting before the Code
Adjustment Board. He also advised the applicant has been in the restaurant
business for abo~t 10 years, owns a similar restaurant in St. Petersburg, and
this restaurant is intended to act as a showcase for other franchise
restaurants. Ke further advised renovations will be made for the outside deck.
After questioning by Mr. Schwob, Mr. Pressman advised the proposed location
will be strictly a restaurant and will have no entertainment.
After further q~estioning by Mr. Schwob, Ms. Sandra L. Baney, applicant,
stated since the proposed location is commercial she will close at 2:00 AM
unless business is e10w during the week. She also stated the outdoor seating
is requested for the atmosphere. After questioning by Mr. Johnson, Ms. Baney
stated the restaurant does not meet certain requirements such as table size,
etc., and she does not intend changing inside decor since the restaurant is in
franchise form and the necessary equipment is already there. After questioning
by Ms. Nixon, Ms. Baney advised her restaurant will be quick service. After
further questioning by Ms. Nixon, Ms. Baney stated there was miscommunication
with Mr. Towers regarding the variance application and she felt something will
be worked out.
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Ms. Harvey pointed o~t to the Board it is very rare that an application for
alcoholic beverages is for a location that is not within 500 feet of a church,
school or residence and the subject location is one of the few.
The following persons appeared in opposition to the above request to give
their comments:
Attorney Robert Lee, attorney for James Tovers, stated the subject property is
within 500 feet of Studebakers and EI Capitan and close to within 500 feet of
Club 19. He also stated that access to the property is not good and the
driveways are blocked. He stated the subject property is elevated and could be
a safety hazard and a source of litter. After questioning by Ms. Harvey, Mr.
Lee stated he is not sure if Mr. Towers had a problem with litter when
Hardee's was open. After further q~estioning by Ms. Harvey, lire Lee stated
that the subject property was previously owned by Mr. Towers and sold to
Hardee's. Mr. Lee submitted a letter of objection from Studebakers (letter
attached) .
.
Ms. Karen Haneuso, owner of ~ubilee Club 19, expressed concern beca~se of the
parking, blocked driveways, and trash. She also felt consumption of alcoholic
beverages outside can cause problems. After questioning by Ms. Harvey,
Ms. Mancuso stated her property is accessed by on By-Pass Drive, E1 Capitan
traffic is blocking the Towers' property, and she doesn't believe the Police
are ticketing the vehicles. After questioning by Mr. Hogan, Ms. Harvey advised
that By-Pass Drive is a public right-of-way. After questioning by Mr. Schwob,
Ms. Harvey advised there is another entrance from By-Pass Drive to the Towers'
parking lot. Mr. Jonnson stated there is also an access from U.S. lIwy. 19.
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Minutes of the Planning and Zoning Board - July 14, 1987
Page -4-
After ques tioning by Mr. Schwo b, Ms. Harvey advised it is her understanding
that a parking variance is needed only if there is outside seating. After
questioning by Mr. Green, Ms. Harvey advised if the subject location is within
500 feet of a church it is very close. She stated, under the current Code
regulations, there is not a clear definition regarding measurements but the
measurements have typically been pedestrian way; and, the proposed code
amendment defines measurement which is not the same as is currently in effect.
In rebuttal, Mr. Pressman felt the opposition was due to competition. Mr.
Hogan expressed concern that approval of a 4-COP license will not require
applicant to sell food and this approval could be just a drinking spot. He
expressed further concern that service may take place outside and within 500
of a church. Mr. Pressman advised that applicant wants to sell food and have a
successful restaurant.
Ms. Harvey clarified that this Board is not being asked to approve a license
but is being asked to consider a conditional use. She advised that Club 19 is
within 500 feet of El Capitan.
In final rebuttal, Ms. Baney advised the use of a 4-COP license was a business
decision and she was unsure how a 4-COP-SRX license could be purchased. She
stated that trash and litter will not be a problem. After questioning by Mr.
Green, Ms. Baney stated she would have no objection to keeping the kitchen
open until a specified time.
Mr. Schwob felt problems would not be
felt the main concern should be that
areas.
any worse with this establishment and
the premises are not near residential
Ms. Nixon felt this subject is the
restricted with a 500 foot rule.
heard, she felt the opposition was
perfect example why the
She also stated that,
because of competition.
Board should not be
based on testimony
Mr. Ferrell felt any problems with trash could be the same with any business
in the same location and those problems will mainly depend on the person who
runs the business.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above
request subject to: 1) That the use permit be obtained within 6 months; 2)
That approval of a parking variance by the Code Adjustment Board or a lease
with the adjoining shopping center to share parking be obtained, both being
predicated on the outside seating; and, 3) That the kitchen will remain open
until one hour before closing. Motion carried unanimously (6 to 0).
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Minutes of the Planning and Zoning Board - July 14, 1987
Page -5-
3.
Lots 1 and 2, Pennsylvania Sub.
(920 Palmetto Street)
Barnell, Louise, & Ike Evans/
Linda J. Moody/Patricia Muscarella
CU 87-55
Request - Day Care Center
Zoned - p/Sp (Public/Semi-Public)
Ms. Harvey advised this request for conditional use is for a child day care
center in the Public/Semi-Public zoning district and the governing sections of
the Land Development Code are Sections 136.025(b) and (c)(8). She also advised
the Traffic Engineer had no objection as long as streets were not used for
parking and there is sufficient space for loading and unloading. She noted
that when the subject property was before the Board for rezoning a petition of
support was submitted which also stated support of the proposed day care
center. Ms. Harvey stated staff recommended approval of the above request
subject to the following: 1) That on-site loading and unloading be provided as
required by the Traffic Engineer; and 2) That the use permit be procured
within six months of issuance of the building permit for the day care center.'
Ms. Patricia Muscarella, representative of applicant, appeared requesting
approval of this conditional use. Me. Muscarella advised the Board she was
present for any questions the Board may have. After questioning by Mr. Schwob,
Ms. Muscarella advised there will be no problems with the loading and
',iYk~~ unloading l'equi rement .
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No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hogan, seconded by Mr. Green, to approve the above
request subject to: 1) That on-site loading and unloading be provided as
required by the Traffic Engineer; and 2) That the use pel'mit be procured
within six months of issuance of the building permit for the day care center.
Motion carried unanimously (6 to 0).
4. Lots 11 and 12, F.E. Hanousek Sub.
(1297 South Missouri Avenue)
Sears, Roebuck & Co./Douglas S. DeArmond
cu 87-56
Request - Aluminum Recycling Machine
Zoned - CC (Commercial Center)
Ms. Harvey advised this request for conditional use is for an aluminum
recycling machine in the Commercial Center zoning district, specifically the
Sears town Shopping Center. She also advised the governing section of the Land
Development Code is Section 135.187(f), which states a use not specifically
listed as perndtted may be considered as a conditional use by the Planning and
Zoning BoaTd. She stated the Traffic Engineer had no objection if the machine
was properly located so as not to impede traffic flow. She stated the Traffic
Engineel' also commented that it appears 4 parking spaces will be deleted from
the site. Ms. Harvey advised that when the Bob Evans restaurant was recently
built the City Commission also required that the landscaping be upgraded.
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Minutes of the Planning and Zoning Board - July 14, 1987
Page -6-
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After questioning by Mr. Ferrell, Ms. Harvey stated the City Commission
required the landscaping be upgraded and they wanted to preclude another large
outparcel development. After questioning by Ms. Nixon, Ms. Harvey advised
that, in order to require the machine be placed on other than a parking
island, 4 parking spaces would be lost and a revision of the site plan
indicating the change of numbers would be required.
Kr. Doug DeArmond, representative of applicant, appeared requesting approval
of this conditional use. He stated the community's litter problem would be re-
duced. He also stated the machine must be highly visible in order that people
are able to find the machine. He further stated the machine would take up 4
parking spots since it would be placed to be out of the way of driving aisles.
No persons appeared in support of or in opposition to the above request.
Ms. Nixon
landscape
should be
felt the machine should be place in a location other than a
island and felt the machines are not attractive. She also felt there
some sort of trash receptacle placed near the machine.
Mr. Schwob stated the machine does need high visibility.
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Motion was made by Ms. Nixon, seconded by Mr. Hogan, to approve the above
request subject to: 1) the placement of a trash receptacle at the machine;
and, 2) The Traffic Engineer determining if the subject location is the most
s~itable for the machine. Ms. Nixon advised the reason for the Traffic
Engineer's opinion regarding placement was because the parking lot is
congested and placement of the machine may cause stopping in drive aisles and
may be dangerous. Ms. Harvey pointed out the machine and Sears will be
separated by a full row of parking. The motion was withdrawn by Ms. Nixon.
Motion was made by Ms. Nixon, seconded by Mr. Hogan, to approve the above
request subject to: 1) the placement of a trash receptacle at the machine.
Motion carried unanimously (6 to 0).
Ms. Nixon encouraged applicant to finish landscaping.
5. Part Lot 1, Blackburn Sub.
(1900 U.S. Hwy. 19 North)
Chevron USA, Inc./George S. Young, Inc./
Jonathan Soule
Cl1 87-5.
Zoned
2-APS (Package Sales of
Alcoholic Beverages)
CH (Highway Commercial)
Request
.
Ms. Harvey advised this .request for conditional use is for package sales of
alcoholic beverages in the Highway Commercial zoning district and the state
license being applied for is a new 2-APS license. She also advised the
governing sections of the Land Development Code are Sectioos 136.025(b) and
(c)(2). She further advised the Traffic Engineer had no comment and the Police
Department found no reason to deny license to applicant. Ms. Harvey pointed
out the applicant proposes to upgrade the location to a new facility.
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Minutes of the Planning and Zoning Board - July 14, 1987
Page -7-
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Ms. Harvey advised the preliminary site plan was reviewed by the City
Commission which placed conditions regarding ingress/egress on the subject
property. She also advised variances were requested by the applicant regarding
signs and setbacks and the Board of Adjustment denied the variance request for
the setback requirement and approved four of seven signs requested to be
placed on site. Ms. Harvey pointed out on the site plan the proposed locations
of gasoline pumps~ car wash, etc. Ms. Harvey advised staff recommended
approval subject to the use permit being procured in accordance with the
requirement for project completion as provided for in the certified Site Plan.
Mr. Jonathan Soule, representative of applicant, appeared requesting approval
of this conditional use. Ke stated there would be no objection to conditions
as t'ecommended by staff. After questioning by Mr. Hogan, Mr. Soule advised
that the set'vice bays will be eliminated. He also advised that he is unsure if
the station will be operated by Chevron or franchised.
Ms. Prestelene Rice, appeat'ed in opposition to the above request, and stated
she is opposed to the above request because she felt there are already enough
package sales and felt that it encourages drinking and driving.
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Mr. Hogan felt beer and wine should not be sold in gasoline stations. He
stated the sale of gasoline seems incidental to the sales of food and
beverages. He also stated if the City of Clea~ater does not soon take a stand
against such sales a few years from now liquor may also be dispensed at
gasoline stations-
Mr. Green stated he agrees there is a problem, but feels the main problem is
that beer and wine is dispensed cold. He stated he would have a problem not
approving an operation such as this when there doesn't seem to be the same
objections with a convenience-type store selling gasoline. Mr. Green stated he
would be in favor of urging whatever governmental body is necessary to
prohibit sales of cold beer and wine. He felt this would encourage people not
to buy for the purpose of drinking in a vehicle.
Mr. Johnson stated his concern is that identification of younger persons is
not questioned-
Mr. Schwob felt the passing of the "open container law" in Pinellas County is
a step in the right direction.
Mr. Kogan felt the open container law is a step in the right direction but
also felt the City must soon take a stand to stop such activity.
Motion was made by Mr. Schwab, seconded by Mr. Green, to approved the above
request subject to the use permit being procured in accordance with the
requirement for project completion as provided for in the certified Site Plan.
Motion carried (S to 1) with Mt'. Hogan voting "nay."
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Minutes of the Planning and Zoning Board - Julr 14, 1987
Page -9-
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(D) Zon1ns Atlas and Land "Use Plan ADlend1lent :
1. Part Lot 9, Blk. ]
Manda1ay Replat Unit 5 of
Blk.s. 85 and 86
(Located on tne southwest corner at
the intersection of Royal Way and
Poinsettia Avenue)
(Euler)
2 87-11 LUP 87-15
Zoning Atlas:
mOM: CR-24 (Resort Commercial "'I'wenty-Fourtl)
TO: pISP (Public/Semi-Public)
Land Use Plan:
FROM: Commercial Tourist Facilities
TO: Public/Semi-Public
The above property is located on tne southwest corner at the intersection of
Royal Way and Poinsettia Aven~e.
Mr. Pr~itt advised the above property is presently vacant and is surrounded by
apartments and motel/apartments on all sides. He advised the property is
currently zoned Resort Commercial as is the zoning on the eas t, north, and
south witn Beach Commercial on the west. He also advised the above request is
to rezone the property from Resort Commercial to Public/Semi-Public, 'With a
corresponding Land Use Plan amendment from COllll1lercial Tourist Facilities to
Public/Semi-Public to allow for construction of a telephone switching station.
Mr. Pr~itt stated the proposed facility will have little or no effect on city-
provided services and staff has no objections to the above request.
Attorney Barry Wi11iaas. representative of property owner, stated the property
is in the process of being sold to General Telephone.
Hr. Richard Baker, representative of Genera1 Telephone Company, stated the new
facility will be an unmanned, digital-switching station to be serviced on a
call-o~t basis for adding/deleting subscribers or in the case of problems. He
also stated 3 parking spaces are proposed but will rarely be used. He advised
the reasons the station is needed are because the present ~nde~ater cable is
deteriorating rapidly and maintenance or replacenent of the cable is much more
expensive than constructing the ne'W facility. He added the facility will also
provide better service to customers. /uter questioning by Mr. Schwob~ Mr.
Baker stated there will be an emergency battery but no generator on site.
After questioning by Ms. Nixon, Mr. Eaker stated tne 3 required parking spaces
and inclusion of a driveway are the reasons the detention pond is 80 large.
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Mr. Scnwob stated since there will be no generator there will be little noise.
Motion was made by Mr. Scnwob, seconded by Mr. Ferrell, to approve the above
rlaq~est for zoning atlas anendment from CR-24 (Resort Commercial) to P/SP
(Public/Semi-Public) and Land Use Plan amendment from Commercial Tourist
F~cility to Public/Semi-Public. Motion carried unanimously (6 to 0).
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Minutes of the Planning and Zoning Board - July 14, 1987
Page -10-
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(E) Application for Land Development Code Amendment:
1. Section 136.022, Article II, Chapter 136
(Proposed Ordinance No. 4375-87)
To provide that whenever a city-owned parking
lot or other parking structure is used to meet
the minimum off-street parking requirements of
the City for any use having insufficient on-site
parking, then the on-site parking available to
serve that use may not be reduced, sold or
otherwise rendered unavailable to that use.
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Ms. Harvey advised the proposed ordinance was before this Board on June 16,
1987 and it was recommended to the City Commission not to approve the proposed
ordinance. She also advised there was quite a bit of discuss ion regarding
approval or disapproval of the ordinance and the effect on the bayfront, the
downtown area, the beach, or other areas of the City. She further advised
there was discussion whether this was the ordinance that was would solve the
problems perceived to have potential of existing in the downtown area in
regards to development of the bayfront. She stated this Board felt the City
Commission should give consideration to ideas such as a setback with the hope
of further conversations on how to address the problem of the downtown
bayfront.
Ms. Harvey stated that, at the public hearing before the City Commission, the
City Attorney advised the Commission this Board wanted to review the proposed
ordinance a second time because new information was received by some Board
members that was pertinent and it was possible there would be an additional
recommendation. She stated the Commission agreed and wanted this Board to
reconsider the proposed ordinance and forward any further recommendation to
the City Commission.
Mr. Johnson stated he has read the proposed ordinance over and over and
questioned if the proposed ordinance was good or bad for the City. Ms. Harvey
stated she had difficulty applying this ordinance to the downtown area because
of redevelopment. She stated that properties having 2 or 3 parking spaces
which are planned for redevelopment may include parking off site or total
reliance on an existing parking structure, yet the proposed ordinance would
require the 2 or 3 spaces remaining on site.
Mr. Schwob stated he originally looked at the proposed ordinance as a '.protect
the bayfront" ordinance. He felt the question to answer was whether the City
wanted a downtown with tall buildings and parking garages or smaller buildings
with small parking areas. Mr. Schwob stated he would prefer a downtown with
smaller buildings and numerous small parking areas.
Ms. Nixon agreed and stated that open space and green space requirements will
still need to be met.
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Page -11-
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Mr. Rogan felt the ordinance presented was directed primarily at Maas Brothers
with the idea that it would preclade any development witnin the 300 foot line.
He felt what the ordinance will do is stop someone from eliminating parking to
construct a building. He felt if the ordinance does not stop high rise
development it does nothing more than eliminate parking. Mr. Hoga~ felt the
proposed ordinance accomplishes nothing.
Af ter questioning by Ms. Nixon, Ms. Harvey advised that within a 600-f oot
radius a developer can have consideration for employee parking and within a
400-foot radius a developer can have consideration for customer parking. She
also advised that for a business with 5 or less spaces the parking requirement
is waived as it is presumed that parking will be available. She further
advised that parking calculations, regarding employee and customer parking,
are provided to the Traffic Engineer. She stated the Traffic Engineer draws a
400-foot radius and 600-foot radius, and, with the num.ber of public spaces
known to be available, the proper namber of public spaces can be assigned. She
also stated any parking not met with public parking must be provided on site.
. "~~
Ks- Ann Garris, appeared to give her comments concerning the proposed
ordinance. She stated there is a parking problem on the beach because no
parking lots were provided. She stated she was advised by Traffic Engineering
that, of the parking garages available, one will be self-sufficient and one is
planned not to be self-sufficient. She felt subsidized parking should not be
offered. She felt a business needing 2 or 3 spaces should request a variance.
She also stated she was appalled to discover that the ultimate goal of
downtown could be side-by-side, tall buildings with no open space between. She
stated she doesn't want to see that kind of development in downtown
Clearwater. She felt the City has an opportunity to preserve something that is
valuable in downtown and that is the open area and parking. She urged the
Board to consider recommending approval of the ordinance.
Ms. Harvey stated one the problems with the parking situation on the beach is
that the Board of Adjustment keeps granting variances. She stated that a lot
of uses on the beach have no parking on site at alt. She stated, in her
opinion, this ordinance is not going to be the protective mechanism as was
originally thought.
After questioning by Mr. Green, Ms. Harvey advised the ordinance does not just
say one can It remove and replace parking, the ordina.nce states the parking
cannot be rendered unavailable and it cannot be reduced. She stated the new
use could construct a parking garage to satisfy its own requirements since the
ordinance does not address where the parking for the new use comes from when
the use is completed.
Mr. Schwob stated he had a prior commitment and had to leave the meeting but
wanted to first make a motion regarding the above ordinance.
.
Motion was made by Mr. Schwob to recommend to the City Commission to approve
proposed Ordinance Bo. 4375-87. Motion died for lack of a second.
(
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8TUDE:BAXER 18
2516 Gulf to Bay
Clearwater, FL
Boulevard
33519
July 14, 1987
Ms. Paula Harvey
Planning Director
City of Clearwater
10 South Missouri Avenue
Clearwater, FL 34616
Re:
H ardees
Request
Lease Partners'
for Variance
Dear Ms. Harvey:
Studebaker's wishes
request for on-premises
Bay Boulevard.
Bay Boulevard is
beverages. Therefore,
suffer.
to file an objection to
consumption of alcoholic
This objection is based upon the fact that this
already saturated with establishments that
if Hardees' request is granted, the
Hardees Lease
beverages at
Partners'
2552 Gulf to
area of Gulf to
serve alcoholic
community may
Please give this objection thorough consideration.
Thank you.
~t~
Danny Mc V ann, Manager
Studebaker's Restaurant
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
z\
LAST NAME-FIRST NAME-MIDDl.E NAME
2347 Moore Haven Drive, East
CITY
Clearwater,
('OUNTY
Pinellas
NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE
Planning and Zoning Board
THE BOARD, COUNCil,. COMMISSION, AUTHORITY. OR COMMITTEE ON
WHICH I SERW IS A UNIT OF:
X en y : ' COUNTY I: UHlER I.OCAL AGENCY
NAME OF POLITICAL SUBUlVISION:
City of Clearwater
MY POSITION IS:
" Green, Richard Dou las
..!ILlN(1 ADDRESS
DATE ON WHICH vorl: OCCURRED
July 14, 1987
i ,! ELECTIVE
X: APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 11Z.:J143. FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly Slating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFfER THE VOTE OCCURS by conlJllcting and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by who111 he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt u> influence the decision by oral or written communication, whether
made by the officer or at his direction. '
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFI.UENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
~. You should complete and file this form (before making any allempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately 10 the other members of the agency.
· The form should be read publicly at the meeting prior to considcrat ion of the matter in which you have a conflict of interesl.
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IF YOU MAKE NO ATIEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflicl in Ihe measure before participating.
\
· You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in Ihe minutes.
DISCLOSURE OF LOCAL OFFICER-S INTEREST
I,
Richard D. Green
hereby disclose that on
July 14
, 19 87
(a) A measure came or will come before my agency which (check one)
x
inured to my special private gain; or
_ inured to the special gain of
, by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Request for conditional use
for Non-commercial Parking by Anthony Granese.
I am a tennant of Mr. Granese, and the parking requested could be viewed as
being beneficial to me and my office.
~~Ivt;!.
Dale Ff.'r / <r I
('?~7
Sj~{). ~
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.317 (1985), A FAILURE TO MAKE ANV REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
i
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CE FORM 80. 10.116
PAGE 2
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AGENDA
PLANNING & ZONING BOARD
July 14, 1987 1:30 PM
I'rEH
ACTION
(A)
Approval of ~nutes of June 30~ 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
Persons who support the application
The Planning Director presents any
Persons who oppose the application
The Planning Director presents any
Persons supporting the application
rebuttal.
Persons opposing may
1he applicant has
The Board makes a
presents his case.
speak.
supporting written documents.
speak.
opposing written documents.
(other than
applicant) may speak
2 .
3 .
4.
5 .
6.
7 .
8.
~
~
9 .
10.
11.
speak in rebuttal.
an opportunity for final rebuttal.
decision.
FLORIDA STATU1E 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDI~GS TO SUPPORT SUCH APPEAL.
(B)
Comdit~onal Uses:
1. Lots 6 through 9~ Blk. B
Plaza Park Sub.
(204 North Greenwood Avenue)
Mr. & Mrs. Anthony P. Granese
CU 87-53
Request
Zoned
Noncommercial Parking
RM-12 (Multi-Family Residential "Twelve")
2. The Regency Sub.
(2552 Gulf-to-Bay Blvd.)
Hardee's Lease Partners/Sandra L. Baney
CU 87-54
CD
Request
4-COP (On Premise Consumption
of Alcoholic Beverages)
CC (Commercial Center)
Zoned
,
.
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Agenda of the Planning and Zoning Meeting - July 14, 1987
Page -2-
I)
3.
and 2, Pennsylvania Sub.
Palmetto Street)
Barnell, Louise, & Ike Evans/
Linda J. Moody/Patricia Muscarella
CU 87-55
Lots 1
(920
Request
Zoned
Day Care Center
P/SP (Public/Semi-Public)
4. Lots 11 and 12, F.E. Hanousek Sub.
(1297 South Missouri Avenue)
Sears, Roebuck & Co./Douglas S. DeArmond
CtJ 87-56
Request
Zoned
Aluminum Recycling Machine
CC (Commercial Center)
5. Part Lot 1, Blackburn Sub.
(1900 U.S. Hwy. 19 North)
Chevron USA, Inc./George S. Young, Inc./
Jonathan Soule
CU 87-56
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Request 2-APS (Package Sales of
Alcoholic Beverages)
Zoned - CH (Highway Commercial)
ANNEXATION & ZONING & LANDS USE PLAN AMENDMENTS:
(1)
(2)
(3)
Statement of case by applicant - 5 ainutes
Presentation by staff - 5 mdnutes
Comments from public in support/opposition:
individual - 3 Ddn~te8
spokesperson for group - 10 aiautes
Public Hearings are closed
Discussion/Action by Board
(4)
(5)
(C)
Zoni~ Atlas Amendment:
1. Part M&B 33.03, Sec. 04-29S-16E
(Located on the west side of
McMullen-Eooth Road, north
of State Road 590)
(The Babcock Company)
Z 87-10
~
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Zoning
FROM:
TO:
Atlas:
OL (Limited Office)
ALII (Aquatic Lands/Interior)
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Agenda of the Planning and Zoning Board - July 14, 1987
Page -3-
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(D)
Zoning Atlas and Land Use Plan Amendment:
1. Part Lot 9, Blk. B
Mandalay Rep1at Unit 5 of
Blks. 85 and 86
(Located on the southwest corner at
the intersection of Royal Way and
Poinsettia Avenue)
(Euler)
Z 87-11 LUP 87-15
Zoning Atlas:
FROM: CR-24 (Resort Commercial "Twenty-Four")
TO: p/SP (Public/Semi-Public)
Land Use
FROM:
TO:
Plan:
Commercial Tourist
Public/Semi-Public
Facilities
(E)
Application for Land Deve10pment Code Amendment:
1. Section 136.022, Article II, Chapter 136
(Proposed Ordinance No. 4375-87)
I)
To provide that whenever a city-owned parking
lot or other parking structure is used to meet
the minimum off-street parking requirements of
the City for any use having insufficient on-site
parking, then the on-site parking available to
serve that use may not be reduced, sold or
otherwise rendered unavailable to that use.
(F)
Chairman's Items
(G)
Director's Items
(8)
Board and Staff Comments
.
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