08/18/1987
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MINIJTHS
PLANNING AND ZONING BOARD
AUGUST 18, 1987 - 1:30 PM
Members present:
Vice Chairman Hogan, Ms. Nixon, Messrs. Ferrell, Green,
and Schwob
Also present: M. A. Galbraith, Jr., City Attorney
Members absent:
Chairman Johnson and Ms. Nash
(A)
Motion was
minutes of
unanimously
made by Mr.
the August
(5 to 0).
Schwob,
4, 1987
seconded
meeting
by
as
Ms. NiJCon,
corrected.
to approve the
Motion carried
Vice Chairman Hogan outlined the procedures for conditional uses and advised
that anyone adversely affected by a decision of the Planning and Zoning Board,
with regard to conditional uses, has two weeks from this date in which to file
an appeal through the City Clerk's Office. Florida Law requires any party
appealing a decision of this Board to have a record of the proceedings to
support the appeal.
(8) Conditional Uses:
1.
Lots 1 through
Gould & Ewing,
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Request 4-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - UC[C] (Urban Center [Core])
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Ms. Harvey advised this request for conditional use is for on premise
consumption of alcoholic beverages in the Urban Center [Core] zoning district,
the specific location within the Clearwater Square Building. She advised the
Traffic Engineer had no objection and the Police Department saw no reason to
deny license to applicant. She f~rther advised the governing sections of the
Land Development Code are Section 136.025(b) and (c)( 1). Ms. lIarvey stated
staff recommended approval of the above request subject to the use permit
being procured within six months of approval of the conditional use. Ms.
Harvey pointed out to the Board that the proposed location is within 500 feet
of a church, however, under the guidelines provided for this Board, staff is
recommending approval.
.
Hr. Alan BODStein, representative of applicant, appeared requesting approval
of this conditional use. He advised applicant desires to establish a lounge in
the Clearwater Square Building on the first floor off the lobby. He stated an
upscale type lounge is planned, with hours of operation limited to
approximately 4:00 PM to 9:00 or 10:00 PM, and wil1 be designed as an after
work lounge. He also stated there is strong support in the business community
for the above request and felt the lounge is within the guidelines of the
Urban Center [Core] district.
No persons appeared in support of or opposition to the above request.
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Page -2-
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After questioning by Mr. Schwob, Mr. Bomstein advised applicant does not plan
to open the lounge on weekends but plans a Monday to Friday operation to serve
the working people in the downtown area. He stated consideration would be
given to opening on weekends for private functions. After further questioning,
Mr. Bomstein stated there will be no entertainment. After questioning by Ms.
Nixon, Mr. Bomstein advised the lounge is to be located in the southeast
retail pod of the lobby with a back door opening to parking behind the
building and a door opening onto Cleveland Street. After questioning by Mr.
Ferrell, Mr. Bomstein stated the lounge will be open to the public.
After questioning by Ms. Nixon, Ms. Harvey advised that in the proposed
ordinance it is suggested Urban Center be excluded from the 500 foot
separation requirement and this Board recommended approval of the exclusion to
the City Commission.
Mr. Schwob felt since the proposed lounge will not be open on weekends there
should be no conflict.
Motion was made by Mr. Schwob, seconded by Mr. Green, 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).
2.
Lots 1 through 3, Blk. 34
Magnolia Park Sub.
(1001 South Ft. Harrison Ave.)
Marie Paoletti (Little Big Market)/
Harry Cline
CU 87-65
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Zoned
2-APS (Package Sales of
Alcoholic Beverages)
CG (General Commercial)
Request
Ms. Harvey advised this request for conditional use is for package sales of
alcoholic beverages in the General Commercial zoning district, the specific
request being a change in ownership of an existing license. She also advised
the governing sections of the Land Development Code are Sections 136.025(b)
and (c)(2). She further advised the Traffic Engineer had no objection and the
Police Department saw no reason to deny license to applicant. Ms. Harvey
stated staff recommended approval of the above request subject to the use
permit being procured within six months of approval of the conditional use.
Attorney Barry Cline, representative of applicant, appeared requesting
approval of this conditional use. He advised the property is owned by Marie
Paoletti and operated by Virginia Morelli. He also advised package sales of
beer and wine only are requested and, though beer and wine sales represent a
small part of the business, the beer and wine sales have always been there. He
stated applicant meets all guidelines of the code. He also stated the hours of
operation will be six days a week from 7:30 AM to 5:30 or 6:00 PM at night.
.
No persons appeared in support of or in opposition to the above request.
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Minutes of the Planning and Zoning Board - August 18, 1987
Page -3-
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Motion was made by Mr. Schwob, seconded by Mr. Green, 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 13.31, Sec. 17-29S-16E
(2868 Gulf to Bay Boulevard)
D. Guy McMullen Prop., Inc./
Einstein & Euelina Boykins
CU 87-66
Request
2-APS (Package Sales of
Alcoholic Eeverages)
CG (General Commercial)
Zoned
Ms. Harvey advised this request for conditional use is for package sales of
alcoholic beverages on Gulf to Bay Boulevard in the General Commercial zoning
district, the specific request being a new 2-APS license with sales from a
gasoline station at the subject location. She advised the Traffic Engineer had
no objection and the Police Department saw no reason to deny license to
applicant. She further advised the governing sections of the Land Development
Code are Sections 136.025(b) and (c)(l). Ms. Harvey advised that staff
recommended approval of the above request subject to the use permit being
procured within six months 'of approval of the conditional use.
Ms. Harvey advised
received from area
Ms. Bess Fisher.
that two letters
property owners,
of objection to the above request were
one from Ms. Joan Walters and one from
Hr. Einstein Boykins, applicant, stated he has been a business man on North
Greenwood in Clearwater for a long time but problems at the North Greenwood
location have necessitated a move. He also stated he has established a store
at the subject location, he has applied for a license to enhance the business,
a deli is planned along with sales of alcoholic beverages, and the operation
will be a famdly-type operation. Mr. Boykins stated he had over 50 signatures
from people from the community and bl1sinesses nearby the sub ject location who
are in support of the application (see attached).
After questioning by Mr. Schwob, Mr. Boykins stated he had a similar operation
at his North Greenwood location at which there was a restaurant. After
questioning by Mr. Hogan, Mr. Boykins stated gasoline will also be sold at the
subject location. Mr. Hogan stated he is personally against the sale of
gasoline and alcoholic beverages in the same location and after further
questioning by Mr. Hogan, Mr. Boykins felt the alcoholic beverage sales were
important to the success of his business. Mr. Boykins stated he needs dollars
to operate and felt alcoholic beverage sales will help make the business
successful. He stated his family are church people and do not intend to sell
to any person who appears drunk. After further questioning by Mr. Hogan, Mr.
Boykins stated the deli operation will be strictly take out service.
Mr. Schwob felt Mr. Boykins is an experienced businessman and has thought out
the situation well. He also stated, though concerned about gasoline and
alcoholic beverage sales in the same location, he felt Mr. Boykins would
operate within the law and would dispense alcoholic beverages properly.
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Page -4-
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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 unanimously (5 to 0).
(C) AnnexatioD. and Zoning
1. Lot l, Jade Heights Sub.
(Located on the east side of Pineland
Drive, North of Overbrook Road)
(O'Hanrahan, Jr.)
A 87-27
Request - Annexation and Zoning, RS-8
(Single-Family Residential "Eight")
The above property is located on the east side of Pineland Drive, north of
Overbrook Road.
The applicant was not present.
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Ms. Harvey advised this is a request for annexation and RS-8 (Single-Fandly
Residential '.Eight") zoning, which zoning is in compliance with the Low
Density Residential Land Use Plan classification on the property. She advised
a single-family residence is proposed for the property and City water is
available. Ms. Harvey stated staff recommended approval of the annexation and
RS-8 (Single-Fa1llily Residential "Eight") zoning.
After questioning by Mr. Hogan, Ms. Harvey advised City sewer is not available
at the present time.
Motion was made by Mr. Schwob, seconded by Mr. Green,
for annexation and RS-8 (Single-Family Residential
carried unanimously (5 to 0).
to approve the request
"Eight") zoning. Motion
(D) Zoni.ng Atlas aad Land Use Plan a1lend8ent
1. Lot 112, Ardmore Place Replat
(Located on the north side of Lakeview
Road, east of Byron Avenue)
(Lakeview Baptist Church of Clearwater)
Z 87-13 LUP 87-18
Zonill8 Atlas
ROM: RS-8 (Single-Family Residential "Eight")
TO: p/SP (Public/Semi-Public)
Land llse Plan:
Low Density Residential
Public/Send-Public
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The above property is located on the north side of Lakeview Road, east of
Byron Avenue.
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Reverend Thomas Dail, Pas tor of the Lakeview Baptis t Church of Clearwater,
stated the subject property was purchased for additional parking. He advised
the property will primarily be used on Sunday mornings and occasionally during
special events.
After questioning by Ms. Nixon, Ms. Harvey stated she cannot verify at this
time if the parking lot will be open drainage or asphalt type lot. Rev. Dail
stated current plans are to keep the parking lot grass because the two
adjacent lots are grass.
Ms. Harvey advised this is a request for a zoning atlas amendment from RS-8
(Single-Family Residential "Eight") to p/SP (Public/Semi-Public) and a Land
Use Plan amendment from Low Density Residential to Public/Semi-Public. She
advised the grass parking would need to be approved by the City Engineer and
if an improved lot is to be provided all requirements of the code in terms of
landscaping, buffering or retention would need to be met. Ms. Harvey stated
staff recommended approval of the zoning atlas amendment from RS-8 (Single-
Family Residential "Eight") to p/Sp (Public/Semi-Public) and a Land Use Plan
amendment from Low Density Residential to Public/Semi-Public.
He. Karen Robertson, appeared in support of the above request. She stated she
is in favor of the church parking lot and had previously heard the property
was to be developed into an apartment building.
Motion was made by Ms. Nixon, seconded by Mr. Green, to approve the zoning
atlas amendment from RS-8 (Single-Family Residential "Eight") to p/Sp
(Public/Semi-Public) and a Land Use Plan amendment from Low Density
Residential to Public/Semi-Public. Motion carried unanimously (5 to 0).
(I:) Annexa~ion, Zoning and Land ll'se Plan AaendDen~:
1. M&B 33.04, Sec. 02-29S-15E
(Located west of Highland Avenue, at
the south end of Weston Drive, south
of Sandy Lane)
(Holland)
A 87-28 LUP 87-19
Request - Annexation and Zoning, P/Sp
(Public/Se~-Public)
Land Use Plan:
FIOH: Low D~nsity Residential
TO: Public/Semi-Public
The above property is located west of Highland Avenue, at the south end of
Weston Drive, south of Sandy Lane.
.
Kr. Scott Douglas, representative of applicant, stated the subject property is
currently under contract for sale and a church is proposed to be constructed
on the property. He stated the City has required the subject property to be
annexed into the City in order that water and sewer may be provided on site.
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Page -6-
Ms. Harvey advised this is a request for annexation, p/SP (Public/Semi-Public)
zoning, and Land Use Plan amendment from Low Density Residential to
Public/Semi-Public. She advised City water and sewer are available. Ms. Harvey
stated the Public Works Department discovered what it thought to be a
discrepancy in the north boundary line of the property. She also stated there
is a claim by the property owner of the platted lots to the north that land
between the subject property and the single-family residential area to the
north should not be part of the subject request. She advised the Planning
Department is not sure at the present time if the claim is valid but the
applicant is attempting to resolve that claim. She also advised the subject
property is contiguous to City limits and is eligible to be annexed. She
stated staff suggested if the Board recommends approval to the City Commission
it do so subject to satisfaction of the discrepancy in the real description
and the claim to ownership of property between the subject property and the
platted lots to the north. Ms. Harvey advised action on the subject request
should not be held up since applicant is in the position to procure permits
from the County and the City is able to provide City water and sewer. She also
advised that in the time needed for final approval of the annexat:i.\ln the
applicant is seeking to clarify ownership to the property in question. Ms.
Harvey advised staff recommended approval of the annexation) p/Sp
(Public/Semi-Public) zoning, and Land Use Plan amendment from Low Density
Residential to Public/Semi-Public, subject to satisfaction of the discrepancy
in the real description and the claim to ownership of property between the
subject property and the platted lots to the north.
After questioning by Ms. Nixon) Ms. Harvey stated access to the property would
be from Weston Drive.
Motion was made by Mr. Schwab) seconded by Ms. Nixon, to approve the
annexation, p/SP (Public/Semi-Public) zoning, and Land Use Plan amendment from
Low Density Residential to Public/Semi-Public, subject to the satisfaction of
the discrepancy in the real description and the claim to ownership of the
property between the subject property and the platted lots to the north.
Motion carried unanimously ( S to 0).
(G) Director's Items
Ms. Harvey advised there are two neetings scheduled for December, one on
December 1 and one on December 15. She requested the Board consider cancelling
its December 1 meeting because December 1 is the first Tuesday after the
Thanksgiving Holiday and because the City Commission meeting of December 17
has been cancelled and is the meeting where items considered by the Board
wOl.1ldbe discussed. She stated staff will notify all persons involved. She
also requested the December 15 meeting be scheduled to begin at 2:00 PM so the
Board's Christmas lunch could be held before the meeting.
Motion was made by Mr. Schwob, seconded by Ms. Nixon, to cancel the Planning
and Zoning Board meeting scheduled for December 1 and to change the starting
time of the Planning and Zoning Board meeting scheduled for December 15 until
2:00 PM. Motion carried unanimously (S to 0).
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Page -7-
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(B) Board and Staff Comments
Mr. Hogan stated he attended the hearing officer appeal regarding the proposed
liquor store on North Ft. Harrison and was impressed how the hearing officer
handled the appeal. Mter questioning by Mr. Schwob, Mr. Hogan felt new
information should be allowed at an appeal hearing but Mr. Hogan felt if the
presentation by area residents had been made as well before the Board as it
was at the appeal hearing, the Board's decision may have been different. Mr.
Hogan felt it would be a good idea for all Board members to attend an appeal
to see the appeal process. Ms. Harvey agreed it would be a good idea for Board
melIlbers to attend an appeal. She stated the appeal on the proposed liquor
store was an outstanding example and the hearing officer commented on how well
prepared the City, the applicant, and the appellants were prepared for the
hearing. She stated it is most important that information be provided to the
Board and that this information is used by the Board in making its decision.
After questioning by Mr. Hogan, Ms. Harvey agreed she is in a difficult
position to defend the Board's decision when she had previously made a
recommendation to the Board contrary to what it decided. She stated she will
be in that position at the next appeal scheduled for August 19. Mr. Galbraith
advised he will be required to ask Ms. Harvey to explain her recommendation
and, because the Board's decision was different, to explain what she believes
are the reasons for the Board's decision. Mr. Galbraith stated his job is to
defend the Board's decision not to defend staff's recommendation. MS. Harvey
advised it is important the hearing officer know the order of presentation is
such that her recommendation is given prior to any testilIlony and that she only
makes a recommendation not a decision. After questioning by Mr. Hogan, Ms.
Harvey stated most Board members state their reasons sometime during a hearing
for making the decision they make.
Mr. Schwab stated he hopes it doesn't often happen that so much more
inforlIlation and detail is given to the hearing officer than the Board. Ms.
Harvey advised this typically happens when an item is appealed. Mr. Galbraith
stated a typical appeal hearing lasts two to three hours. He also stated a
useful characteristic of an appeal is that more time can be spent on cases
appealed and still is a lot more efficient than going into court.
Mr. Hogan felt a petition submitted in opposition to a request is less effec-
tive than if someone appears in person. Mr. Schwob felt persons could be
questioned regarding opposition. Ms. Nixon felt the Board can find out more
regarding opposition and make better observations and decisions. Mr. Green
felt the importance of people being present is not that the Board will vote in
their favor but because the Board is able to find out reasons for opposition
or support and see if the reasons fit into guidelines by which the Board is
governed.
Meeting adjourned at 2:35 PM.
.
Paula Harvey
Planning Director
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2868 Gulf to Bay Blvd.
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AGENDA
PLANNING & ZONING BOARD
AUGUST 18, 1987 - 1:30 ~
I"lKK
ACTION
(A) Approval of minutes of August 4~ 1987
CONDITIONAL USES:
ALL TESTTIMONY 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.
2, The Planning Director advises the Board of any pertinent background
information.
3. The applicant or his representative presents his case.
4. Persons who support the application speak.
5. The Planning Director presents any supporting written documents.
6. Persons who oppose the application speak,
7. The Planning Director presents any opposing written documents.
8. Persons supporting the application (other than applicant) may speak
rebut tat.
9. Persons opposing may speak in rebuttal.
10. The applicant has an opportunity for final rebuttal.
11. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF TKE PROCEEDINGS TO SUPPORT SUCH APPEAL.
(B) Conditional Uses:
1. Lots 1 through 4, Blk. 13
Gould & Ewing~ 2nd Add.
(601 Cleveland Street)
J. K. Financial Clearwater Square, Inc.
(First National Bar Corp.)/Alan Bomstein
cu 87-64
Request 4-cop (On Premise Consumption
of Alcoholic Beverages)
Zoned - UC[C] (Urban Center [Core])
2.
Lots 1 through 3, Blk. 34
Magnolia Park Sub.
(1001 South Ft, Harrison Ave.)
Marie Paoletti (Little Big Market)/
Harry Cli ne
CU 87-65
.
Request - 2-APS (Package Sales of
Alcoholic Beverages)
Zoned - CG (General Commercial)
"l~;~4{~P.B::~~~~',~~tl'.i~,#;1i~~~i:ff[~~~~~*,~~~;'::~ :'\~,~~~;~ :':,
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Agenda of the Planning and Zoning Board - August 18, 1987
Page -2-
o
~
3. M&B 13.31, Sec.17-29S-16E
(2868 Gulf to Bay Boulevard)
D. Guy McMullen Prop., Inc./
Einstein & Euelina Boykins
CU 87-66
Request 2-APS (Package Sales of
Alcoholic Beverages)
Zoned - CG (General Commercial)
ANNEXATION & ZONING & LANDS USE PLAN AMENDMENTS:
(1)
(2)
(3)
applicant - 5 ainu~e8
5 minutes
from public in support/opposition:
3 minutes
spokesperson for group
Public Hearings are closed
Dibcussion/Action by Board
Statement of
Presentation
Comments
individual -
case by
by staff -
10 minutes
(4)
(5)
(C)
Annexation and Zoning
1.
Lot 1, Jade
(Located on the
Drive, North
(0 'Hanrahan,
A 87-27
Heights Sub.
east side
of Overbrook
Jr.)
of Pineland
Road)
Request - Annexation and Zoning, RS-8
(Single-Family Residential "Eight")
(D)
Zoning Atlas and Land Use Plan amendment
1. Lot 112, Ardmore Place Replat
(Located on the north side of Lakeview
Road, east of Byron Avenue)
(Lakeview Baptist Church of Clearwater)
Z 87-13 LUP 87-18
Zoning Atlas
FROM: RS-8 (Single-Family Residential
TO: P/SP (Public/Semi-Public)
"Eight")
Land Use Plan:
FROM: Low Density Residential
TO: Public/Semi-Public
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