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09/01/1987 (A) Motion was minutes of unanimously made by Ms. the August (6 to 0). Nixon, seconded by Mr. Schwob, 18, 1981 meeting as written. to approve the Motion carried "'. ~:"'j~'.'f~~:-): . I :'''':'''' ~' .', . ", /-- I .), I:: J,' , . , " ';, '; . . ~, '1 ':.1 'I '. . ~ " . , ; " C/~{ o :,' I 'I' .""l... 1,. ~~ . MINUTES PLANNING AND ZONING BOARD SEPTEMBER 1, 1987 - 1:30 PM Members present: Vice Chairman Hogan, Mesdames Nash and Nixon, Messrs. Ferrell, Green, and Schwob Also present: M. A. Galbraith, Jr., City Attorney Members absent: Chairman Johnson 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. (B) Conditional Uses: 1. Lot 8, Blk. F, SaIl's Lake Park Sub. (2869 Sarah Drive) Eventide Homes, Inc./ Diane Schwartz/Marion Burean CD 81-67 I) Request - Level I Group Care Facility Zoned - RS-8 (Single-Family Residential "Eight") Ms. Harvey advised as follows: the request for conditional use is for a Level I Group Care Facility in the RS-8 (Single-Family Residential) zoning district; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(14) and Section 136.020; the specific request is to increase capacity from 6 persons, approved by the Planning and Zoning Board on March 18, 1986, to 8 persons residing in the home; the requirements for 8 persons are 2,000 square feet in the home, 9,000 square feet in lot size, and a minimum of 3 parking spaces or 4 spaces if there are nonresident supervisors in the facility; applicant is providing 2,080 square feet in the home, 7,800 square feet in lot size, and 2 parking spaces; the Traffic Engineer had no objection if appropriate parking is provided; and, a variance to the lot size was reviewed and approved by the Development Code Adjustment Board on August 27, 1987. Ms. Karvey stated staff recommended denial of the above request due to the parking situation. She advised the small lot size precludes adding more parking spaces. She also advised that if the Board saw fit to allow the use subject to providing sufficient parking or obtaining a variance to the parking, it could do so. She further advised the Board could also deny the request without prejudice to allow applicant to come before the Board if a variance were approved by the Development Code Adjustment Board. . Ms. Harvey advised one letter of support was received from a nearby resident. Ms. Harvey advised one letter of objection was received from a nearby resident. .:,....: .', I' , '" .1 . - ~ '::~'f.~~~~!r:~.,:-, I . ':;":'.' ';:.-~' "' . <~'. ~~:;" :" ..',~,.~; . " ,11, ~,.--....-'':-''. .. : ", .,~. 'H . , l', 'I Ii';') , , ...: "1", : :... .' ;t;~,' , (-.-....\' ,~ ',' ,,' ~ I .,;: .. '" ,j 1 '. , ).", " , , ..' .. ~ ' .,'..... _. ..' . ," . ''''''J<<~~i!'l\'tl:_>'''i1'1Ji_'(,jl:~:~. " ~~r.rt.~liI;~~..\)';.~~"~'l\(;~~~.l;I~,~:14,,:?~':r"j;m';'~'9';.'".;;J~~~:g,,),!,.!, Minutes of the Planning and Zoning Board - September 1, 1987 Page -2- Ms. Diane Schwartz, applicant, appeared to request approval to serve 8 persons at the above location. She advised she spoke with the Traffic Engineer to find a p09sib1e solution to the parking. She felt the parking situation could be worked out and stated it would be completed as aestheticly as possible. After questioning by Ms. Nixon, Ms. Schwartz stated she currently has 4 bedrooms and 2 bathrooms but felt she should build 2 more bedrooms and 2 more bathrooms. After questioning by Mr. Green, Ms. Schwartz stated she could build the addition regardless of whether the above request was approved. She understood her lot size was 1,200 square feet short of the requirement for 8 people but she stated more indoor space is required rather than outside space and there are rarely visitors to the facility. After further questioning by the Board, Ms. Schwartz advised there is a nonresident manager and 24-hour staff; there are currently 5 residents; the Traffic Engineer suggested a driveway constructed of turf block in the center of 4 spaces; one half of the garage has been converted to a bedroom and the remaining portion of the garage contains a washer, dryer, freezer and refrigerator; and, the ages of the residents range from 84 to 97 years who are provided meals, assistance to doctors, and other needs that they cannot provide to themselves. No persons appeared in support of or in opposition to the above request. Mr. Schwob stated this appears to be a well-run facility but felt the parking requirements should be met. He also stated he would consider voting favorably on the request if the parking requirements were met. Mr. Hogan felt parking should be compatible with the residential neighborhood. Mr. Schwob felt, ~ though it appears the parking will not be used, the Board should not approve the request if parking requirements were not met or if parking was a detriment to the neighborhood. Mr. Green advised he nas no objection to denial without prejudice and after questioning by Mr. Green, Ms. Harvey advised the request could be approved subject to the parking requirement being met or subject to approval of a variance. She advised if the parking cannot be provided on the front lawn a variance will be required. Ms. Nixon felt approving the request subject to obtaining a variance would influence approval of the variance. . Ms. Harvey advised, if the request is denied without prejudice, the applicant has the oppo~tunity to re-submit when the parking requirements are met rather than waiting the required 9 months. Mr. Green stated he would like to see the parking requirement be met without a variance. Ms. Harvey stated the request could be continued until a parking plan, approved by the Traffic Engineer and the Code Administrator, is submitted. Motion was ~de by Mr. Schwob, seconded by Mr. Green, to continue the above request until the Planning and Zoning meeting of September 29, 1987 in order for applicant to provide a parking plan approved by the Traffic Engineer and the Code Administrator. After questioning by Ms. Nixon, Ms. Harvey advised the Code Adadnistrator should approve the parking plan in order to assure the open space requirements have been met. Ms. Harvey advised that if a variance is required the Planning staff will not recommend approval. Motion carried unanimously (& to 0). After questioning by Ms. Schwartz, Ms. Harvey advised the proposed plan needs to be something that can be initialed by the Traffic Engineer and the Code Administrator and copied and submitted to this Board for consideration. - " . .. .~ , ': " ':; . :., . ~,::~~~~:~{;~~~:~,'~'~'J:,,~ ,;:..<~; :f."-,~: . ,,,:!. " ,. ~'.it;;)';tl~f"Wf}~~"~~:r... I ': ;~-;.;..:~:~t:~~~~~ ~~~.::::> ~~: :.', \~. ,:- ,; {, :~'"."' +~~:''>lJ'';''~'1"..,...<t.''':~'lf.,~ :;A.:-;qff;oif7"'~i:-.t'~ ~'l~~; ;'"".' '. ," ,',.., , ,,~~:;:;f1~.~lr4;~'d~:~"~'?:i::~~::~:Xl;:'. '(.;.~,;:;:.~~t<::>;?:~,., ;:':, .',' .. ".", ..... . ~,t..~..::'" ':~ .....:..:.._i-, ""---- . ,;' . + . ., " ,," , --"\ , " " . '., '1. ' .' i --:'1, "or ", '" . . , 0' '- Minutes of the Planning and Zoning Board - September 1, 1987 Page -3- 2. M&B 44.18, Sec. 2l-29S-15E (1569 South Ft. Harrison Avenue) Trevor Jones/Southern Investors Realty, Inc. CU 87-68 Request - Adult Congregate Care (28 Bed) Zoned CN (Neighborhood Commercial) e'. 't1ftl~~ \.,i\<" Ms. Harvey advised as follows: The request is for a congregate care facility in the Neighborhood Commercial zoning district located on Clearwater-Largo Road; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(lO) and Section 136.020; request is to establish congregate care facility on a piece of property that is currently developed with a motel; the use was actually approved by the former Board of Adjustment and Appeal on May 9, 1985 under the prior zoning of Public/Semi-Public before adoption of the Land Development Code; the applicant was not successful in securing all proper permits and as a result of adoption of the Land Development Code it was necessary the property be rezoned for the use to be established; the property is to be utilized for 28 persons; there is sufficient acreage for 28 persons on the property; available parking is in excess of parking requirements of 1 space per 2 persons and 1 space per 2 employees; and, the Traffic Engineer commented the parking should meet current standards. Ms. Harvey advised that staff recommended approval subject to the use permit being procured within one year. Hr. Hiles .Jeffrey Moore, representative of applicant, advised applicant has been in the elderly care facility business for many years. After questioning by Me. Nixon, Mr. Moore stated applicant had previously been involved with Highland Terrace and Freedom Square; the current building will be torn down and a new building constructed; there will be approximately 10 to 12 employees; the building will not be the same configuration since setbacks, etc. must conform to current standards; and the trees will not be destroyed. Ms. Harvey stated staff recommendation should be revised since existing structures are to be removed- She advised staff recommended approval subject to the use permit being procured in accordance with the condition for project completion on Certified Site Plan. No persons appeared in support of or in opposition to the above request. After questioning by Mr. Schwob, Ms- Harvey advised the site plan will not be presented to this Board. She stated the site plan will initially be reviewed by the City Commission and then by staff. After questioning by Mr. Hogan, Mr. Moore advised all existing structures will be removed with the possible exception of the swimming pool. . Motion was made by Mr. Schwob, seconded by Ms. Nixon, to approved the above request subject to the use permit being procured in accordance with the condition for project completion on Certified Site Plan. Motion carried unanimously (6 to 0). :,:', ',' , '" . .I_~'''''',,' '~ ," \ , , .; , .'. .6 " I ,r. " , .,', '. _. .A:'~::~..-:',~,~l':\;\}~ ,~~,',r<:(;'h':-:'.-'::\".;; ~;!~~~w-m.~-<<~~~~~~:r.'lit-w:m~..:,-.,.. t~ti : " .' .' ',1" o Minutes of the Planning and Zoning Board - September 1, 1987 Page - 5- Mr. DeMaio stated he personally witnessed high school students possibly using drugs at the abandoned gas station. He stated he believes in free enterprise and 7-Eleven has the right to do business. Ms. Harvey advised one letter of support was submitted by William and Sallee Wallace who are adjacent property owners. Mr. Ward felt it is significant that no letters of opposition were received and no persons appeared in opposition to 7-Elevcn's request. After questioning by Mr. Hogan, Mr. Ward stated, though an appeal has been filed from the Board's denial of a 2-APS license, there is no guarantee on appeal. Mr. Ward stated sales of beer and wine are as important as the sale of food and people do not want to go to more than one place. Mr. Jack KcKeage, employee of 7-Eleven for 25 years, stated he is currently a zone manager responsible for 137 stores across 5 counties- He advised sales of beer and wine are 20% of the business. He advised that convenience stores today must have many uses to make up for the tremendous cost of the property, the building, utilities, etc. He stated that without beer and wines sales the competitors have an advantage. He felt he could not lose 20% of the business. Af ter questioning by Mr. Schwob, Mr. Galbraith advised the Board it should ~ disregard any talk heard or anything read in the newspaper regarding future . ":!1t amendments of the code- He advised the Board should use the Land Development Code that is in effect at the present time and the same rules should be applied as have been applied. Mr. Galbraith felt the 500 foot rule stated in Chapter 72 was repealed or modified by adoption of the Land Development Code and the City Commission gave this Board the authority to approve conditional uses if the Board found there was a sufficient distance between the proposed use and the surrounding uses without specifying any minimum distance. Mr. Schwob stated that based on the Land Development Code it appears the applicant meets the criteria. . Motion was made by Mr. Schwab, seconded by Ms. Nixon, to approve the above request subject to the use permit being obtained within six months of approva1 of the conditional use. Mr. Hogan expressed concern regarding a conflict of "sufficient distance" in the Land Development Code and the "500 foot rule" in Chapter 72. Mr. Galbraith advised a hearing officer has used the 500 foot: rule. He also advised that when he has a case before a hearing officer he takes the position of "sufficient distance." He advised he does not agree with the "500 foot rule" and felt if the City Commission intended that this Board use the 500 foot rule it would not have told the Board to consider "sufficient distance" when considering conditional uses. Mr. Green stated he does not feel approving the subject request will be in conflict: with the request heard and denied on August 4 because sufficient distance may not be considered the same for two different licenses. After questioning by Ms- Ni.xon whether the Board could reconsider its decision of August 4, Ms. Harvey advised that the Land Development Code sets forth no rules for the Board to reconsider a request. Motion for approval carried (4 to 1) with Mr. Hogan voting -nay.- . ,.' . ~ . , : ,- ,", ........ ..?3~~,',j);o;ii;'f}i( .: , ,. . I:, : " 1" .' I." .' ~:~:.~~ ',.,' . " " ':.. . , .' ", Ms. Harvey advised that one letter objecting to the subject conditional request immediately following. was use received from an request and the area resident conditional use .::., .... ;l. . , . , . '-..I .' ' " ....'< 1~__~~;~'... Minutes of the Planning and Zoning Board - September 1, 1987 Page -6- . V 4. M&B 34.06, Sec. 14-29S-15E (1520 Jeffords Street) Highland Retirement Apartments, Inc./ Mike Barody CU 87-70 Request - Adult Congregate Care (114 Bed) Zoned - RM-28 (Multiple-Family Residential "Twenty-Eight") Ms. Harvey advised the above request is not required to be reviewed by the Planning and Zoning Board. She also advised there has been no change in the use. She further advised the application was accepted in error and the appli- cation fee is being refunded to the applicant. 5. M&B 13.09, Sec. 17-29S-16E (2300 Gulf to Bay Boulevard) Joseph W. McGoldrick/ Donald o. McFarland/Bonnie Nieman CU 87-71 .'t>. ,,:,~jfnl ~:u.u. Request - 1. 4-COP (On Premise Consumption of Alcoholic Beverages) 2. Noncommercial Parking Zoned Request #1 CG (General Commercial) Request #2 - RM-12 (Multiple Family Residential "Twelve") . Ms. Harvey advised as follows: This request is for 2 conditional use requests, one being on premise consumption of alcoholic beverages in the Commercial General zoning district, and one being noncommercial parking in the Multiple Family Residential zoning district; the specific state license being requested is a 4-COP license; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(1) regarding the alcoholic beverage request and Sections l36.025(b) and (c)(19) regarding the noncommercial parking request; the Traffic Engineer commented he has concerns that the parking might be inadequate; the parking to be provided is far in excess of Code requirements; the Police Department saw no reason to deny license to applicant; the City Commission is in process of review of a Preliminary Site Plan for the subject property; certain items of information need to be placed on the site plan in order to receive final review, those including conditional use approval of the two subject requests; and, a tree survey and any tree removal will be required to be in accordance with the site plan review requirements. Ms. Harvey advised staff recommended approval of the request for on premise consumption of alcoholic beverages subject to the following: 1) That the use permit be obtained in accordance with time limitations for project completion placed on the site plan. Ms. Harvey further advised staff also recommended approval of the request for noncommercial parking subject to the following: 1) That the building permit for the parking lot be obtained within 6 months of the date of certification of the final site plan; and 2) That opaque fencing be provided around the perimeter of the parking lot to provide proper separation to the adjacent residential area. ;;l~, t;'~7~~~1!!tr~~f!:t.~~(Z,S~%~~~~'~W~F~~~~~,7J?:7;~T~~7~~'~~~:frr~'..~~'~"_v,'.. ' .....~, . , ; ~ ~" "r > ,.,.: :: j' :':" ;. ..:- " , :: . ,:("~"" ! . ., . . , " . . " , . . . ':'~,- . I I' c>~~ t, Ie \ I I ..',.. , ..~, .; ,', ','. ~.". . .:..:~".~": " : :.' . ,. ',' '.. .,:.', '. . 1 "l.'fM.......~' ,:" . - jl4i~t~i~~:(p,.". ~~~""_:>:""'-e;,.~,,'ra~:t.tt.'1:~zM.,...rr~~~!i;~1l:9;(.~'l::;\-31\J~~"'t:.w,,ii!.,:ti:,~~1.~Ji.,~~Mt~.u~1.". Minutes of the Planning and Zoning Board - September 1, 1987 Page -7- () i," , Hr. Don McFarland, representative of applicant, distributed a packet of information to the Board regarding the subject request and similar operations in other cities under the same management, which packet included a letter from adjacent property owners Mr. and Mrs. Dorminy in support of the above request (see attached). He stated the proposed use is an on premise consumption recreational facility with only interior activities geared to a younger middle-age clientele. He also stated management has adopted a minimum age rule of 22 years of age and past experience has resulted in a minimum age of 24 to 25 years of age. He stated that included in the packet were photographs of similar operations and two letters from nearby residents attesting that the operations were well run (see attached). He also stated that included in the packet were the 3 most recent reviews by the County Health Department which indicate the excellent condition of one of the similar operations (see attached). Mr. McFarland distributed photographs of the subject property which showed adjacent uses (copies of photographs attached). He advised the subject application is for approximately one half of the depth of the property and the rear portion is not a subject of the application. He also advised the property fronts on Gulf to Bay Boulevard with appro){imately 200 foot frontage. He further advised there is a 34 foot easement eKtending the full depth of the west side of the property that will act as a buffer to adjacent neighbors. He advised that the area on the east side of the property is intended to be on- site retention for the project and adjacent uses from Gulf to Bay to the north are a small strip shopping center, an office type facility, some modest residences, and a series of duplexes. Mr- McFarland felt the area is in a state of change. ~ Mr. McFarland stated the Code requires an alcoholic beverage use be on what he felt is a major road. He felt, though the area is currently a problem area with regard to traffic, the widening of S.R. 60 to 6 lanes will eliminate problems now seen in this area. Mr. McFarland stated valet parking will be provided but no fee will be charged to customers. He also stated the Code requires 90 parking spaces but 190 spaces will be provided. He felt the use of valet parking would actually allow more cars to be parked than the 190 spaces provided. j' After questioning by Mr. Schwob, Mr. McFarland advised the operation would primarily be a nightclub with occasional live entertainment. After questioning by Mr. Bogan, Mr. McFarland advised there would be no speaker or paging system outside. He also advised low-level lighting would be used for the parking area. He further advised the applicant is currently in the process of platting the property. The following persons appeared in opposition to the above request to give their comments: . Kr. Hlchae1 Sarris, 380 El~zabeth Avenue, felt this type of operation attracts a bad crowd. He expressed concern about possible bad drainage from the subject property to his property. He felt the property value of his home would be lOl.lered and the enjoyment and use of his property would be in jeopardy. He advised there are presently 6 bars within a 2-b1ock area of his home and he felt another bar was not necessary. He stated though many of his neighbors are also in opposition they were unable to leave work to appear. He exp ressed concern regarding the additional traffic to the area. After questioning by Mr. Hogan, Kr. Sarris stated he owns property to the east of the subject property ;r~f:t[0,:m~:~(~i~i~:iS;i~;~?j~~:~1i.J;f)~~~i{1:~~;:-~/A;.rf:;,. '.::' -- :\: "'. ' "." .' , ". -,' .... '.._ ...........1 {~ !.:'" > -' I . ~ Jf:'\. -- I I , \, , , . I :.,\.', '. I ;,.., ~.. '~',; '.,. "..' .., ',.' . . ',' " ,,' '-- ,". "., ~ ."" ','.., ,'.,.., ," ~"'.;/. . ~~~\t1i~J!'r~~\l!.ll.~.%"""'~..1t'l::t~tl-'rf.~~1.t~"'~~1tmt4.'%"Ii'.~:,.:" Minutes of the Planning and Zoning Board - September 1, 1987 ~ Page -8- and his property is within 200 feet of the proposed licensed business. After questioning by Mr. Schwob, Mr. Sarris stated he is specifically opposed to the subject request because of noise. He also stated his children cannot sleep on weekends because of noise and felt if there is another such business it would make his life most difficult. He advised Mr. Schwob the 2 side streets have become a problem area because of cars travelling these streets all hours of the night. After further questioning by Mr. Hogan, Mr. Sarris stated if calls are made to the Police a lot of time is spent by the City and County deciding who should respond to the call since the area is part in the City and part in the County. Mr. Sarris further advised his property is in the City. ..../q ,.',""" '."1'.., Ms. Renee Johnson, owner of a rental house and a duplex in tbe area, advised the notice of hearing received indicated the subject request was located at 2300 Gulf to Bay which is near Wendy's to the west. She expressed concern regarding the type of proposed retention and the separation between the proposed business and her rental property and duplex. She felt this is not a proper business to be backed up to a residential area. Mr. Hogan advised her the Board's responsibility is to consider the sale of alcoholic beverages not site plans or retention areas. Ms- Johnson felt if the alcoholic beverage license was approved, site plan approval would be elementary. Ms. Harvey stated site plans are regulated by a another set of rules and the City Comudssion has reviewing authority over site plans. She also stated the City Commission may require changes that may not be seen by this Board. After questioning by Ms. Johnson, Ms. Harvey stated there is a general idea of the parking lot which is an issue that is primary to determinations of this Board for alcoholic beverage sales. She advised the retention area is determined by geography of the land and requirements of the Public Works Department and must be designed in accordance with City and State regulations. She also advised that presently this Board or staff cannot assure what the retention area will look like. Ms. Harvey stated information concerning the retention area may be obtained from the Engineering Department who is in the process of reviewing the site plan. . Mr. Alan Stowell, property owner illlllediately across the street from the subject property, stated he is not opposing the 4-COP license which, as he understands, allows alcoholic beverage sales and does not require 51% food sales. He stated this would be more of a "drinking establishment." He expressed concern regarding noise and if parking requirements are adequate. He stated there have been numerous accidents in the area and the area is a bottleneck from Hampton Road to McMullen Booth Road. He also stated the proposed cons truction of S. R. 60 is not to be until 1989 according to the State. He further stated he is not opposed to the subject application but suggested the applicant consider constructing a de-acceleration lane to help customers enter the property. He advised Mr. Keith Crawford the City Traffic Engineer felt it would be good idea to have the same number of parking spaces as the occupancy limit determined by the Fire Department. He expressed concern that if there is not enough parking, customers will park where they are able to find space. Mr. McFarland advised Mr. Stowell the site plan indicates 190 spaces are proposed but with valet parking 250 vehicles should be able to be on the parking lot. Mr. Stowell expressed concern that customers will park on his lot across the street and increase his liability. ~fr.~~;~~~j~;1!'J~::t~t~,::~, ,:;~.~'.:;:: ~?:)::::, L.t>. >:.' ",:1>_: '- ~ , .. , .'.~. ...... ,I ~ f.,..,.' r,_ ,.- "', ',. ~' " Minutes of the Planning and Zoning Board - September 1, 1987 Page -9- . In rebuttal, Mr. McFarland stated this property will be drained in accordance with Public Works requirements and felt the drainage will be an advantage to Mr. Sarris' and other residents' properties- He assured the retention area will not be materially different than what is shown on the current site plan- He stated he is aware of other establishments in the area and assured that a different type of establishment is planned. He advised the applicant has no intention of any outside activity. He also advised the establishment is not proposed to be a si t-down bar but will be a place where people can be entertained. He further advised this establishment will not be a daytime operation and will not have access to side streets. He assured that applicant will be concerned about parking, drainage, and traffic- He stated the subject project will be required to be reviewed by City staff. He also stated the request being made today is a request for conditional use for alcoholic beverage sales subject to any restrictions required by this Board. After questioning by Mr. Hogan, Mr. McFarland advised any customer who wants valet parking can have valet parking. Mter questioning by Mr. Schwob, Mr. McFarland felt the traffic pattern on the site plan will be adequate for the traffic generated by subject property- ,.t~i~' After ques tioning by Ms. Nixon, Mr. McFarland advised he does not know the correct address of the subject location. He advised the application indicated the address as the "2300 block" and should have indicated the address as the .. 2800 block." After further questioning by Ms. Nixon, Ms - Harvey stated the legal description of the subject property is required in terms of legality. Afte'l' questioning by Mr. Schwob, Ms. Harvey stated she is unaware of any interpretation that valet parking is considered commercial parking. She advised commercial parking has typically been where one enters a lot and pays a fee to park there for a time and not a lot where one pulls in and pays someone to park a car. After further questioning by Mr. Schwob, Ms. Harvey felt one reason so many establishments were opening in this area was because of the availability of property and what appears to be a use that justifies the expense of purchasing or leasing a property in this area. She stated establishments selling alcoholic beverages usually have a good return. She also stated these properties are prime for redevelopment and when a property is ready to be redeveloped one can anticipate a new use. She advised the market will determine a saturation point and all the businesses will not survive. Mr. McFarland stated applicant anticipates clientele to be unique, upscale, quality type people. He further stated the other establishments in the area are not consldered competitors by applicant because of the different type of market applicant is hoping to attract. Ms. Nixon expressed concern that with all the surrounding residential uses this may be a case where sufficient distance is important. Mr. Schwob stated he had been concerned about a saturation of establishments in the area but felt his concerns were adequately answered and agreed that the market will determine saturation. Ms. Nixon felt the concern was more of insufficient distance rather than saturation. He stated his concerns regarding parking, noise, and proper buffering were answered and his only concern was ingress/egress of traffic onto Gulf to Bay Boalevard. He felt satisfied that applicant has met the standards as required. , ..' ~ :\, .~ .' k,~{...I,.';~:?. .. "j .. ,I. . "~' , '.1 I('i<'l ,1....' I) e"::. l i ,} , I " I' , " ,I.' . " 'f, l. . ~' -r" , , :' ".,.;,.,..' . . 'I. o Minutes of the Planning and Zoning Board - September 1, 1987 Page -10- After questioning by Mr. Hogan, Mr. McFarland advised valet parking will be available and there will be security in the parking lot because applicant does not want problems with vandalism or damage to cars. Mr. Green stated it appears to be a business decision. He advised that one of the restaurants in the same area has a guard at its lot to prevent people from parking in its lot and going to another establishment. Mr. Green stated he felt satisfied that there will be sufficient parking. Ms. Nixon expres sed stated she felt the residential areas. concern about a change in operation in the future. She proposed establishment was not sufficient distance from ."" ~ Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above the request for on premise consumption of alcoholic beverages subject to the following: 1) That the use permit be obtained in accordance with time limitations for project completion placed on the site plan and to approve the request for noncommercial parking subject to the following: 1) That the building permit for the parking lot be obtained within 6 months of the date of certification of the final site plan; 2) That opaque fencing be provided around the perimeter of the parking lot to provide proper separation to the adjacent residential area; and, 3) That security be provided for the parking lot. Mr. Galbraith requested clarification regarding security. Mr. Schwob stated that during hours of operation of the lounge that a person be assigned the responsibility of overseeing the security of the parking lot. Ms. Harvey suggested that the condition regarding security not be included in a motion because it is a condition that cannot be enforced. Amended Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above the request for on premise consumption of alcoholic beverages subject to the following: 1) That the use permit be obtained in accordance with time limitations for project completion placed on the site plan and to approve the request for noncommercial parking subject to the following: 1) That the building permit for the parking lot be obtained within 6 months of the date of certification of the final site plan; and, 2) That opaque fencing be provided around the perimeter of the parking lot to provide proper separation to the adjacent residential area. Motion carried (S to 1) with Ms. Nixon voting -Nay.- The Board additionally recommended to applicant that security be provided in the parking lot. The meeting recessed at 3:55 PM and reconvened at 4:00 PM. during the recess. Mr. Ferrell left . . ~ '" .." . , '~-' . ..." "'I':U~+:::':'" ,; ,II, \'. ' j' :~~) ..' f, 1-;"", --...... -;j' . ',}, or'., " :" ,;, ~ " 1 , \ ~ .I ,,\ - ~ " ' , I,' I ' :' ':1 '. A:J'l '--, ~. . ~~ ,. .",'; ", : :,', .".. \ "'., '.,' .',.';:,. -',.. , I ,. .1.. ': " ' ;. ..~~~~~~~lt . ~ Minutes of the Planning and Zoning Board - September 1, 1987 Page -11- A W 6. Part Lot 34 and Lots 35, 36, 37 & 38 Gulf to Bay Gardens (2838 Gulf to Bay Boulevard) Leland & Margaret Farnsworth/ William E. Tennyson CU 87-72 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned CG (General Commercial) and RS-8 (Single-Family Residential "Eight") n1.t..'i. ~r~t~i ~~,,~"< Ms. Harvey advised as follows: the request for conditional use is for on premise consumption of alcoholic beverages in the General Commercial zoned area of a project that actually covers General Commercial zoning on Gulf to Bay and Single-Family Residential zoning to the rear; the state license actually being applied for is a 2-COP; the governing sections' of the Land Development Code are Sections 136.025(b) and (c)(l); Traffic Engineer expressed concern regarding parking if the subject request is to be a nightclub operation; the Police Department saw no reason to recommend denial; this particular property is being reviewed by the City Commission as a Preliminary Site Plan; a Unity of Title will also be required to be filed over this property; and, there will be no parking on any part of the development actually on the portion of the property zoned RS-8. Ms. Harvey advised staff recommended approval of the request subject to: 1) That the use permit be obtained in accordance with time limitations for project completion placed on the site plan; and 2) That opaque fencing be provided around the perimeter of the parking lot to provide proper separation to the adjacent residential area. Ms. Harvey advised that one letter was received from an area resident objecting to the subject conditional use request and the conditional use request immediately preceding the subject conditional use request. . lfr. Wil1i8Dl Tennyson, representative of the property owners, stated that making a presentation with many of the considerations stated by the applicant for the previous request would only be redundant and that the major consideration to be presented to the Board is the concept of the proposed project. He distributed photographs of the property showing adjacent areas (copies of photographs attached). Mr. Tennyson stated a casual type atmosphere is intended with sit-down dining and a small bar. He also stated the business will be approximately 3,600 square feet and 71 parking spaces are proposed. After questioning by Mr. Hogan, Mr. Tennyson stated a casual type atmosphere is planned and light meals that compliment beer and wine will be served. After questioning by Mr. Schw()b, Mr. Tennyson stated music from records or tapes will be used, there will be no bands on premises, and there will be no dance floor. After further questioning by Mr. Hogan, Mr. Tennyson stated olJtside speakers are proposed for afternoon activities. He advised a swimadng pool is proposed for the business. After questioning by Mr. Green, Mr. Tennyson advised there is currently no swimming pool on site and the property is the existing Starlight Motel. Mr. Tennyson stated the adjacent property owner does not object to the proposed operation. Mr. Tennyson explained the site plan and pointed out the parking, retention, ingress/egress, etc. He stated the dining, ~\;":!~~l~~~;,,?:!;v;ny~~;\~~,~,:"<;,..'.' ..;. ; , ." . l,~ ". '.'" I, , \f.! ,'~im~ Minutes of the Planning and Zoning Board - September 1, 1987 Page -12- o kitchen~ bar areas will be around the pool which will create a buffer to residential properties. He also stated 3 retail spaces are proposed with uses complimentary to the activity around the pool but would be under separate lease agreements. He further advised a portion of the building is to be demolished to accommodate new construction. He advised activity around the swimming pool will be during the daytime with proposed closing tim.e of the pool at about 10:00 PM and loud speaker would be used for events related to the pool area. After questioning by Mr. Hogan, Mr. Tennyson advised the pool is proposed more for the effect of a tropical atmosphere and the activity would mostly be around the pool not in the pool- He also advised there would be seating around the pool. After questioning by Mr. Schwob, Mr. Tennyson stated he felt there would be no interaction between the subject establishment and the operation that was approved previously. Mr. Tennyson felt the subject establishment will be more casual. After questioning by Mr. Green, Mr. Tennyson stated there will be 71 parking spaces with 69 required and separate parking requirements must be met for the retail operations. '~~~\7' ;<>;4(:,'" After questioning by Mr. Schwob, Mr. Tennyson advised the subject project is a "first-time" project but one of the investors has substantial restaurant experience. After further questioning by Mr. Schwob, Mr. Tennyson advised the proposed hours of operation are from 11:00 AM to midnight during the week and from 11:00 AM to 1:00 AM during the weekend but activity around the pool will cease at approximately 10:00 PM. After further questioning by Mr. Schwob~ Mr. Tennyson advised there would be no objection if a condition of approval would be to cease activity around the pool at 10: 00 PM but requested the ability to use the area as a waiting area for persons waiting for tables in the dining room or at the bar. He further advised that any speakers used would be on a separate volume control. After questioning by Mr. Green, Mr. Tennyson stated there are no plans for a dance floor. Ms. Harvey explained that when the CG (General Commercial) zoning was placed along Gulf-to-Bay it was done mostly at a standard width and was placed without regard to ownership or property lines. She further advised there are several locations along Gulf-to-Bay where single ownership of a property is split by zoning lines. No persons appeared in support of or in opposition to the above request. Mr. Schwob stated it appears the proposed project meets the criteria of the Land Development Code. . Motton was made by Mr. Schwob, seconded by Mr. Green~ to approve the above request subject to the following: 1) That the use permit be obtained in accordance with time limitations for project completion placed on the site plan; and, 2) That opaque fencing be provided around the perimeter of the parking lot to provide proper separation to the adjacent residential area. Mr. Hogan stated he would like to see a condition limiting hours of outside speaker use. Ms. Harvey stated the City is able to enforce excessive noise but the Board must understand that it is not possible to have City personnel at the location every night to see that the speakers are turned off at 10:00 PM. She also stated this type of condition is enforceable mostly be complaint. J~!Ji.t;~~L'''\:,::~~:;; '.}%~i.~~~{::.-, ~; ~'~f.'f~':~;:~~~,~t~~~':;;>~'t;:~:: ~~.:.. '.'c'.,.. ~,lt~r.~~\:~~~~~;~!:"~~::-;:' y.~;:';' '::'J/.Jl"~.;:1:3''''''i'f.~.I(.t!.,.:'~::,)'r''' 0: ...']> ,"', ~;~,~~,,':'.:;~.:!::r!:.~~~~~\tJ.~t,:,,~~:: .:.~,.l~:.:~',;:". t '<:~.:.',~: '). ,'- r : >.'.~. ~J:' 'I. {:,' .' ,~ ~l ;,,', ." ,r' . I' ~ ~;\.~: ',I C~ ~ I I ) , . v'/r.. : '/, "I; :": '.', ,'),'" ',;" .' t.., :', ':', . ,I' ,I i .. '" I .1 i .f '1, ,t...., .. , A"" ~ .;'~,c~' ,',\~c,V? . 1',(tJ . ." ,. ~.I " ,.;. .\,.' '.' .,;/ ~''''. , . . , . . .~-:;<~ :,-: t-' '/~" "-"-'i " ,I , I, .,...:',':"",. .:,:..,~;(.-\;', ,"_,,__r~~~~~.::::,. Minutes of the Planning and Zoning Board - September 1, 1987 Page -13- Amended Motion was made by Mr. Schwob~ seconded by Mr. Green, to approve the above request subject to the following: 1) That the use permit be obtained in accordance with time limitations for project completion placed on the site plan; 2) That opaque fencing be provided around the perimeter of the parking lot to provide proper separation to the adjacent residential area; and 3) That the outside speakers be turned off at 10: 00 PM. After questioning by Mr. Tennyson, Ms. Harvey advised this type of buffering has been required in the past and is a standard condition for this type of operation. Motion carried (4 to 1) with Ms. ~ixon voting "nay." Ms- NiKon stated she felt the proposed operation is not a sufficient distance from residences. 7. Lot 3, Village at Countryside Parcel 4 Replat (2458 u.s. 19 North, Suite 108) Countryside Associates Ltd. Partnership (Kid Company) CU 87-73 Request - Child Day Care Facility Zoned - CC (Commercial Center) Ms. Harvey advised as follows: this request is for a child day care center in the Commercial Center zoning district, specifically located in the Village at Countryside Shopping Center; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(8); applicant is proposing to use one of the e:dsting units as a child day care center; the section of the Code pertaining to child day care requires the Board make a determination that there is sufficient outdoor play area on site and appropriate loading and unloading; the Traffic Engineer had no objection in terms of loading and unloading and parking regarding the use; and, applicant proposes to utilize space behind the building that is currently now in use as a sidewalk and landscaping area. Ms. Harvey advised the Board she is unable to make a recommendation until discussion with applicant regarding the number of children proposed to be at facili ty and how the space to be fenced in is actually proposed to be used. She stated a child day care facility in a shopping center is a reasonable request and further stated her only concern is that there may not be sufficient play area behind the storefront to accommodate the children. Ms. Amie Brumley, applicant, advised the proposed center meets with all State and County requirements for day care centers. She stated the hours of operation will be from 6:30 AM until 10:00 PM and on Friday and Saturday until 1:00 AM and advised the need for such care is growing. She stated the square footage requirement for the day care is 25 usable square feet per child and~ with the 1300 usable square feet of space, a maximum of 50 children would be allowed. She also stated that 50 children would not be in the center at one time and the children would not be in the center during a set time. She advised the outside square footage is approximately noo square feet and 1 child is allowed for every 90 square feet. She stated County requirements allow for 8 children in the outdoor area at one time and the children must be supervised at all times. She also stated inside activities are planned for the children in such a way that no more than the maximum of 8 children will be outside at anyone time. She further stated both the State and County felt the space was adequate aa long as there were adequate activities for the children. I", . ~..;, '. , .;'-1 ". " "" .. .t. ..' ,..:---...--- -- {: '. \ \', j I \. : ''':~;' ..:' ~ : ':....... .:" : . '.J .:',. , ., .'. ~., . 1 :', '.; . .'" '.' '. ,\' ::;,:/.,-.' , " . < ,. '"I, , .',' ':01": I.' . :".,,> . . .'" . , ~, \. . . ,',' ,. ,'::-' , " . ., "\.' ,., . ' ~'" ';.;\~1. .., Minutes of the Planning and Zoning Board - September 1, 1987 Page -14- After questioning by Mr. Schwob, Ms. Brumley stated the facility will be fully licensed to care for children 2 and older but policy will be generally 3 years to 12 years of age. After questioning by Mr. Hogant Mr- Brumley the children must be signed in and signed out. She stated the initial registration xequires the applicant to designate who may pick up the children and parents are required to have identification. She also stated there will be a double lock entry to the facility. After questioning by Ms. Nixon, a rate of $2.50 per hour is proposed. N~ persons appeared in support of or in opposition to the above request. Ms. Harvey stated approval is recommended subject to the use permit being procured within 6 months of approval of the conditional use. Motion was made by Mr. Schwobt seconded by Mr. Green, be approved subjec~ to the use permit being procured within 6 months of approval of the conditional use. Motion carried unanimously (5 to 0). (C) Annexation and Zoning: 1. Lot 6, Downing Sub. (Located on the north side of Downing Street, east of McMullen-Booth Road) (Keegan) A 87-29 Request - Annexation and Zoningt RS-8 Single-Family Residential "Eight" The above property is located on the north side of Downing Street, east of McMullen-Booth Road. The applicant was not present. Mr. Pruitt stated this request is for annexa~ion and RS-8 (Single-Family Residential "Eight") zoning. He also stated there is an existing single-family residence on the property and City water and sewer are available. He further stated the surrounding land uses are low dens ity residential and the RS-8 zoning is appropriate. Mr. Pruitt advised s~aff recommended approval of the annexation and RS-8 (Single-Family Residential "Eight") zoning. Motion was made by Mr. Schwobt the annexation and RS-8 (Single-Family carried unanimously (5 to 0). seconded by Ms. Nixont Residential to recommend approval of "Eight") zoning. Motion . " " '. ' }I:.' ' j .:: f,~t.' . ',:; ....;.,..~r..,l.l;. . , .', ,< l' ..... ;\(~ .,.,' J {! ". " .'''.'. '", :'1,' .' ". "~I !, \' , .';,\ . ~,', , .:,'.r'. .'. " ,'.",' , " .,f ',' .',' ,." 1(' 'H , - r' .J .. .. "\',' ,. /' '::':/ '~', .:,'; ,,! ',' ',t." ~ . " '., ~ ' ". ,'\ ' I ,. , " '". Minutes of the Planning and Zoning Board - September 1, 1987 Page -17- ~ 'fiiJjI Motion was made by Mr. Schwob, seconded by Ms. Nixon, to recommend approval of the zoning atlas change for Parcel I from eH (Highway Commercial) and for Parcel II from OG (General Office) to OL (Limited Office) for both parcels and a Land Use Plan change for Parcel I only from Commercial/Tourist Facilities to Residential/Office. Motion carried unanimously (5 to 0). (I) To consider a request for amendment to the Master Site Plan known as Bryn Mawr at Countryside (Revision to Phase 5 only) in the RPD-12 (Residential Planned Development) Zoning District as required by Sec. 135.076 of the Code of Ordinances of the City of Clearwater for the following described property: . Bryn Mawr at Countryside, Phase 1, Plat Bk. 46, Pg. 40, Phase 2, Plat Bk. 53, Pg. 113, Bryn Mawr at Countryside II, Phase 1, Plat Bk. 74, Pg. 119-122, Phase 2, Plat Bk. 90, Pg. 62 and M&B 24.01 (Phase 5) Sec. 29-28S-l6E, (Located on the northeast corner at the intersection of S.R. 580 and Countryside Boulevard (Phase 5 located on Bryn Mawr Circle) (Federal Deposit Insurance Co.) Tne above property is located on the northeast corner at the intersection of S.R. 580 and Coantryside Boulevard (Phase 5 located on Bryn Mawr Circle). Mr. Carl Git.ore, representative of owner, stated this is the last phase of an almost built-out condominium development. He stated the previously approved site plan indicates the subject phase is to contain 60 units in two 3-story buildings while the remainder of the development is single story use. He also stated the present plan is to modify the subject phase from 60 units in the two 3-story buildings to 30 units in single story buildings. After questioning by Mr. Hogan, Mr. Gilmore advised the contract stated 60 units to be built because the contract was written at the time 60 units were approved to be built. .' Mr. Pruitt advised the site plan was approved as an RPD-12 in 1980 and the project was appToved for 172 units at that time. He stated the 172 units are to be reduced to 142 units. He further stated the site plan was approved by the Development Review Committee subject to several conditions. Mr. Pruitt stated staff recommended approval subject to the following conditions: 1) That the Land Use Plan Classification on the site plan should be properly noted as Medium Density Besidential; 2) That the calculations should be provided to the Public Works Department to indicate that the retention for Phase 5 is adequate; and 3) That the requisite initial building permi t for Phase 5 be issued within 6 months of the date of certification of the revised Master Site Plan and all certificates of occupancy be issued within 3 years from date of certification of the final revised master site plan. 1 '. ./: ~~~' J~;: ~....~~ \, ',. '" .' ;!. ". "'.";, " , '. I '.:' . ~. ' ,," d", ;, I, . . . ( , . '~' t::H,,' , ' <t' :, .. " e~,' ,( ;", di",>>" ,. "',:, ,f., " " , " .~'~ll..:\!!1~~~r" Minutes of the Planning and Zoning Board - September 1, 1987 Page -18- . After questioning by Mr. Schwob, Mr. Gilmore advised there are changes planned in the type of construction because there is a new architect but the new construction will not be out of character to existing construction and will be attractive and of the same grade and quality as the existing building. Mr. Gilmore also advised one reason for the reduction in units is that applicant felt the new units will sell better if they compliment the existing units. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to recommend approval of the amendment to the Master Site Plan known as Bryn Mawr at Countryside (Revision to Phase 5 only) with the following conditions: 1) That the Land Use Plan Classification on the site plan should be properly noted as Medium Density Residential; 2) That the calculations should be provided to the Public Works Department to indicate that the retention for Phase 5 is adequate; and 3) That the requisite initial building permit for Phase 5 be issued within 6 months of the date of certification of the revised Master Site Plan and all certificates of occupancy be issued within 3 years from date of certification of the final revised master site plan. Motion carried unanimously (5 to 0). (P) ~ppllcat:ioD for Land Development: Code Amenduent: 1. Section 135.157, Chapter 135 .~O:t" "";.'!><J' ",. Use limitations to require screening of outdoor electrical facilities and outdoor storage for Public Works facilities within the Public/Semi-Public zoning district and to amend a cross reference relating to alcoholic beverage sales. Mr. Pruitt stated that the City's gas facilities maintenance area was the subject of a variance request because a 6-foot fence for use as screening was required but the Code allowed only for a 4-foot fence. He further advised that the need for such screening around outdoor storage of equipment and fuels, public works facilities and electrical facilities is determined by the Development Review Committee through site plan review. He also advised this amendment proposes to make screening mandatory for such uses. Mr. Pruitt advised there is a reference to alcoholic beverage sales under paragraph (f) that states alcoholic beverage sales "shall comply with Chapter 72" and should read "shall comply with Chapter 72 and Chapter 136." . Ms. Harvey advised staff thought this ordinance would be finalized after the alcoholic beverages ordinance was in effect. She also advised that when a section of the Code is to be amended the City Attorney's office will make any necessary editorial changes to the section being amended- She advised the major change in this ordinance is the requirement of the screening. She stated that consideration for alcoholic bevetage sales is a conditional use in the Public/Semi-Public zoning district and this is the section of the code listing conditional uses and those kinds of requirements that go with conditional uses under the Public/Semi-Public zoning district. Since staff is not sure if or when the proposed alcoholic beverage ordinance will be approved, Ms. Harvey suggested the reference to Chapter 13& remain until such time as an alcoholic beverage ordinance is approved. >'r_. .. . -" , . ,.\, -; .:,. ~. ". . . ",:...: ';; '~ .~, -; : , { ,,:;,,:'I~~,\ \' :"I.'c I'" !...: ,", \' . :;, j" ~, , '..,' , -,o":I.},.'1'l'/..J;;", ! .~"\l\ ' '.."., ,l,., ~1~' t' Minutes of the Planning and Zoning Board Page -19- September 1, 1987 .'" ~..-'....'\1. ~, '~4t'..., After questioning etc. are permitted advised this type of The concern for the screening because this zoning district by Ms. only in the screening Nixon, Ms. Harvey advised large electrical boxes, Public/Semi-Public zoning district. Ms. Harvey would not be required in an industrial area. in the Public/Semi-Public zoning district is was created for special uses. Motion was made by Mr. Schwob, the proposed amendment Development Code. Motion seconded by Ms. Nixon, to Section 135.157 of Chapter carried unanimously (5 to 0). to recommend approval of of the Land 135 (I) Board and Staff Comments was may be would check wi th to have the right the item heard Board. Mr. Green felt there reconsideration is given. Ms. Harvey received at each hearing. Ms. requests located on Gulf-to-Bay locator maps are prepared in order that subject location but will advise staff to try streets. Harvey a way for Ms. members stated she the Board Harvey advised of the the of today After City Attcrney's Meeting adjourned at 5:15 PM. . Pa la Harvey Planning Director . I"~:, " ,t..,J , ~7';,:<i:..L~:, \ '" ", .,'-t. ',; '", ;):;} \'tl~.J..t~: t, :,.'.. , , -i ':'.J;' ) ':; ,.... . " .... v- . ~. '; September 1, 1987 i.in} "I 'j:: C T~ I 'V }: D ,,\ , Paula Harvey Planning Director P.o. Box 4748 Clearwater, Fl 33518 SLP A Ja61 To whom it may concern: CITY', CLEH.K This is to inform C. ,Parkinson and of 317 David license being concerned parties that my husband myself, Connie Charmaine Parkinson Ave, Clearwater FI' 33519 object to a approved for the following parties: Michael residents liquor & c"U- &1- "1/ 9- Q,~ ~ '1 ,-/ Z-', Joesph W. MCGoldrick at 2300 Gulf to Bay Blvd. Leland and Margaret Farnsworth at 2838 Gulf to Bay Blvd. Our too objection is based on the fact that many establishments serving the 1~ mile distance between McMullen Interstate 19 and Gulf to Bay Blvd. 24 bussinesses selling liquor. there are already liquor in Clearwater. In Booth Rd and the Intersection there are Approving the above would not benefit undesirable element named parties for a our community and will into our backyards. liquor' license att:t1act an I hope that will take into areas when license. the members of the consideration reviewing' whether the or not Clearwater City effect on our to approve Council residential the liquor Thank you for your time and attention. Sincerely , ~ ~~ ~~u-- Connie Charmaine Parkinson . '.' r, :,\.., ;'.' ,: s;:tC,i :t:;:;~:;jf ~ " ..:. , '\ , " I -'. .:) I"), -i " I " ~ ",' .\. ~, " " ." I ,~. > :-..... 'i ,I ,':",: " ,"'," ." ..:0.1,)' ,';,,;,'::,.:/:'[,',:'" :." 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'n'" I' ;iO;; :::;:f,!}i;!:';~:i;n::;,Tf:~":;W'}'Fff::~' ~".. --",.' " - '''f.';'.. ',. : I , ,/ . September 1, 1987 TO: The Mayor and City Commissioners of the City of Clearwater FROM: The Planning and Zoning Board Taking into consideration the high incidence of alcohol related automobile accidents and fatalities, the difficulties our Police Department has in enforcing drunk driving laws and the sale of alcoholic beverages to minors and as an aid to the "Don't Drink And Drive" Campaigns, we the Planning and Zoning Board of the City of Clearwater would like to suggest that your Body consider some way to reduce the number of businesses purveying both alcoh- olic beverages and gasoline and/or other motor fuels. These types of businesses are steadily increasing within our City, especially, with the advent of convenience stores purveying both alcoholic beverages and gasoline; and this increase will continue if some changes are not made in the issuance of the conditional use permits. Pursuant to this situation, we would like to submit for your ~ consideration the adoption of the following as an ordinance: Conditional use permits for the sale of alcoholic beverages will not be granted to any business engaged in the sale of gasoline and/or other motor fuels. Existing alcoholic beverage permits involving this type of business that are in effect at the time of adoption of this ordinance may continue until such time that the ownership, operator, lessee or franchisee of the business changes. The conditional use permit will not be transferable nor will it be granted to the new owner, operator, lessee or franchisee. The Board would. further, suggest that if the Commission should choose to consider the adoption of the above ordinance or a simliar one; a moratorium be declar~ on the acceptance of applic- ations for the above mentioned conditional use permits until such time that the ordinance is adopted or rejected. . 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"'J'.':""':' .,:.."., , 1\ ," " .:'./"~ ,..,......, '" '.'., i' \ " , ", . . ',,\., ',\ ',' ,\.. _ ~c. o( . AGElIDA PLANNING & ZONING BOARD SEPTEMBER 1, 1987 1:30 PM ITmI ACTION (A) Approval of minutes of August 18, 1987 CONDITIONAL USES: ALL TESTIMONY IS GIVEN UNDER OATH. The Board follo~s the procedures outlined below: 1. The Chairman reads from the Public Hearing Notice each is presented- The Planning Director advises 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 speak in rebuttal. The applicant has The Board makes a item as it 2. the Board of any pertinent background 3. 4. 5. 6. 7. 8. presents his case. speak. supporting written documents. speak. opposing WTitten documents. (other than applicant) may speak e'. ., (Ii',' '" 9. 10. 11. an opportunity for final rebuttal. decision. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MlTST HAVE A RECORD OF TKE PROCEEDINGS TO SUPPORT SUCH APPEAL. \. (B) Conditional Uses: 1. Lot 8, Blk. F, SaIl's Lake Park Sub. (2869 Sarah Drive) Eventide Homes, Inc.; Diane Schwartz/Marion Burean CU 87-67 Reques t Zoned Level I Group Care Facility RS-8 (Single-Family Residential "Eight") 2. M&B 44.18, Sec. 21-29S-15E (1569 South Ft. Harrison Avenue) Trevor Jones/Southern Investors Realty, Inc. CU 87-68 Request Zoned Adult Congregate Care (28 Bed) CN (Neighborhood Commercial) > .:', $\'A;;':,:J!"o :..,. :;:\'~~.~'.1..':2:i..t""z~~!i~';'..J.~';~,> ~;'I:~..:;hl'~:::.~:~l'", ~o -;"'~"1' '<~"""-A~tr.;;,.l"- ~ ~-'J!'?tP.: t;J~"""'::j""'!(~.\~'r;~~f.'; '.,.- , .; .~, .....1',:,..-" ::~~~:~:r,:;j~~' ;. c::::'};~,t~I~~[,'::t:~~!~rYJ .:t::';~:;.~::t. ';' 'h~~f,~'" ~ . '.' ,'",' "'"u . -'..~ " ~ "l>;' .: .\. :,:,;~N~:~;t:~!:~:l~~~~ "~' .",.,. . ,~'~:,.:.: .. ,.- : ,. '}. ~'l',r", , 'i'~, , '. "l .", I :',~ ,': rJ~,.,~,'h>. ';, ,:,; '.'1 >~ . ," . 'fl.,. , ~ ~ ;. I \':'::~f'f':".: ..,'!oj,~. :.\,,' ';'.'~ :,." .,' "I" '.;.'. ~:,.f '. "!j' ,.'..,".' ."'r.(!,.,:,r:,''''":fl.!;''(PI.;~;';;~ Agenda of the Planning and Zoning Board - September 1, 1987 Page -2- . 3. M&B 13.04, Sec. (2030 Gulf to Bay Southland Corp. CU 87-69 13-29S-1SE Boulevard) Request 1-APS (Package Sales of Alcoholic Beverages) Zoned - CG (General Commercial) 4- M&B 34.06, Sec. 14-29S-l5E (1520 Jeffords Street) Highland Retirement Apartments, Inc.1 Mike Barody CU 87-70 Request Zoned Adult RM-28 Congregate Care (114 Bed) (Multiple-Family Residential "Twent y-Eigh. t") 5. M&B 13.09, Sec. 17-29S-16E (2300 Gulf to Bay Boulevard) Joseph W. McGoldrickl Donald O. McFarland/Bonnie ~ieman CU 87-71 . Request - 1. 4-COP (On Premise Consumption of Alcoholic Beverages) 2. Noncommercial Parking Zoned Request ffl CG (General Commercial) Request ff2 RM-12 (Multiple Family Residential "Twelve") 6. Part Lot 34 and Lots 35~ 36, 37 & 38 Gulf to Bay Gardens (2838 Gulf to Bay Boulevard) CU 87-72 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned CG (General Commercial) and RS-8 (Single-Family Residential "Eight") 7. Lot 3, Village at Countryside Parcel 4 Replat (2458 u.s. 19 ~orth, Suite 108) Countryside Associates Ltd. Partnership (Rid Company) CU 87-73 Request Zoned Child Day Care Facility CC (Commercial Center) . "7 1" - ~ : :0';::' , :\ ./',.,' " .,,' , ":r ~'~~~";.~'~,:,::-,':.':',~,.:_:."'l..... , f ,. ','.~:: "~,, ',r ',\. , ~~ ':.~rJ:~1~1~ffi?;;If~g;it~;:'~'~r;b~~~~~~~f'?~~f~f~~~~~~t: ~;;~1, ~, "'\t. ;'.'.:' -' '- '. ~d, ..rI;!~:J<"1{,', ~t~ ',j, .,t. ", : -( ~~ ~~--.._-...-... _.,~ ~',' , /'-'.,1:."r ,'-' ., .,'. '(.," 'i. .1:. . :. r { " . ~ ; " ..i. I. ~, "; "10 t' " .,: Agenda of the Planning and Zoning Board Page -4- September I, 1987 . Part M&B 14.04, Sec. (Located north of Gulf to south of Drew Street, east Coachman Road, west of u.S. (Kunsi/AI Jeraisy/Bamogaddam) Z 87-15 LUP 87-21 2. 18-29S-16E Bay Boulevard, of Old 19) Zoni.ng Atlas PARCEL I PR.()M: CH OL TO: (Highway (Limited Commercial) Office) PARCEL II FR.()K: OG TO: OL (General Office) (Limited Office) Land Use Plan (PARCEL I only) FROM: Commercial/Tourist Facilities TO: Residential/Office (E) To consider Master Site a request for amendment Plan known as Bryn Mawr Countryside (Revision to Phase 5 only) in the RPD-12 (Residential Planned Development) Zoning District as required by Sec. 135.076 of the Code of Ordinances of the City of Clearwater for the following described property: to at the Bryn Mawr at Countryside, Phase 1, Plat Bk. 46, Pg. 40, Phase 2, Plat Bk. 53, Pg. 113, Bryn Mawr at Countryside II, Phase 1, Plat Bk. 74, Pg. 119-122, Phase 2, Plat Bk. 90, Pg. 62 and M&B 24.01 (Phase 5) Sec. 29-28S-l6E, (Located on the northeast corner at the intersection of S.R. 580 and Countryside Boulevard (Phase 5 located on Bryn Mawr Circle) (Federal Deposit Insurance Co.) (P) Applicat:ion for Land Development Code Amendment: 1. Section 135.157, Chapter 135 Use limitations outdoor to require screening of electrical facilities and outdoor storage for Public Works facilities within the Public/Semi-Public zoning district and to amend a crOBS reference relating to alcoholic beverage sales. " .,'. ,-:I..,..lt'\.t.. /\ :;;.- '< ~;~:1{):;'(ti~~\~,~::~_1~~;:~W~f[f.~;;B,~;:iy~:J: ,',. :",.,:,', - ~ L. ,'. .... .,~.rr:t I~:.~:::':V ~..I.,".I;, .:.. '::.', '. , ';t:k;~~1~:~'lfj~:~'(';;~'~'tr :. ;r,:'r(~'~'I~:r~~~1:,:,:T.!d!; '1)17P;"ji'.~r:' t'" "i' ,.(,:,;~',:'}::: ";(~~':ir ' ''''::.~~.i~.~~t;:: '~~.~~1~~~r;~< ~J.. (;'!':'~J1i11,:.i~?('~;.~,::;' "f, : "L "'1 ~t..;tt;:~:{ J.'.," ~.i." Agenda of the Planning and Zoning Board September 1, 1987 Page -5- . (G) Chairman's Items (8) Director's Items (I:) :Board and Staff Comments . . . ~~'!~~;/!}J~~"(~~~.;~~~;~f~~~/Z;:~,~~.i;/:~~;j~~.~:~:';- :.~':r<\~,~::'~:\". ,',\:~.;;;t:~~'.~~~~ft1f~~~1.::.~~~~t~~'~{~~~:~J1!~'~1~~~i.\i~ - '... - ~ i~~:~1~!i~:~:~~:( ~~~~{,~~~~~i;~~fi~.j!~ ~ . ':'1'~~ {l.,'l..t.."b..~'l.' .~~:.~~, ~,' ~ ".....'r.~))"\... ~.:{.':'~I..'~"'" .j.,... . "I". '.y" ~ ...... f.' 'rf;".'......\} \"\i',,~.~.'t!.,:- ~~"'~f~r;rr,r:.!;;j~"'lft~.:t;j~hi' ~ ~~1#,;~~.:j.t.'\.",il"'~."";'''i.~htM,~::..~~~...r....\'''~~' ',t ~ .,':'i:f:~,:,(':';t.~!"::::t~f':;':'-;"! "".,' . >:t',";"{':/':.~{:c',:,; ,;:,:;,.:, . , , ," :.,";.. ",::i":;:~~5::':0,~(();"~'" ."." i:~<"'\!1.i\:W"':: "';;T': :{~""":~:':-:::;' ':y.;'!:; ; ~~., ~~,~ ,t;~!'