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MINUTES
PLANNING & ZONING BOARD
NOVEMBER 3, 1987 1:30 PM
Members Present:
Chairman Johnson, Mesdames Nash and Nixon,
Messrs. Ferrell, Green, Hogan, and Schwob
Also Present: M. A. Galbraith, Jr., City Attorney
(A) . 1.
Motion was made by Mr. Schwob, seconded by Ms. Nash, to approve the
minutes of the Septeaber 29, 1987 meeting as written. Motion carried
unanimously (7 to 0).
(A) 2.
Motion was made by Mr. Hogan, seconded by Mr. Schwob, to appro?e the
minutes of the October 13, 1987 meeting as written. Motion carried
unanimously (7 to 0).
Chairman Johnson outlined the procedures for conditional uses and advised that
anyone adversely affected by a decision of the Planning and Zoning Board, with
regard to conditional uses, has two weeks from this date in which to file an
appeal through the City Clerk's Office. Florida Law requires any party
appealing a decision of this Board to have a record of the proceedings to
support the appeal.
(D) Condi~ional Uses:
1.
Lot 1, Loehmann's Plaza
(1730 U.S. Hwy. 19 North, #501 - 503)
Brandon NuWest (Biarritz)/
William Buck (Chevy's of Clearwater, Inc.)/
Sydney Bradley
CO 87-87
(CONTINUED PROM KESTING OF
OCTOEER 13, 1987)
.
Request - 4-COp (On Premise Consumption
of Eeer, Wine, and Liquor)
Zoned CC (Commercial Center)
.
Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the Commercial Center zoning district; the specific
request is for a 4-COp license; the governing sections of the Land Development
Code are Sections 136.025(b) and (c)(l)j applicant has an existing operation
known as Biarritzj applicant is proposing to expand into three other tenant
spaces in the shopping center, specifically areas located immediately north of
the existing space across an open plazaj Traffic Engineer had no comment; the
Police Department saw no reason to deny license to applicant in the additional
space; the requested expansion area is within 500 feet of residentially zoned
area; clarification from the applicant was requested at the October 13, 1987
meeting regarding the use of the open plaza area existing between the existing
area and the expansion area; and, renderings have been provided by applicant
to show what is proposed for the plaza area. Ms. Harvey stated after reviewing
the site plan staff concerns were answered in regard to the area between
current area and expanded area and recommended approval of the above request
subject to the following: 1) That the use permit for the expanded area be
obtained within 6 monthsj and 2) That approval is granted subject to approval
of a variance to the 500-foot separation distance by the City Commission.
P & Z Minutes
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After questioning by Ms. Nixon, Ms. Harvey stated the 500 foot measurement is
taken from the exterior wall of the expansion area and falls within the 500
foot radius of the residential properties to the north.
w. Tho~son Thorn, III, attorney for applicant, stated there will be a water
wall and a 42 inch barrier that encompasses any of the outside patio space and
it would not be possible for a customer to leave the. premises unless the
customer passed through a guarded entrance. After questioning by Mr. Johnson,
Mr. Thorn advised no tables will be placed in the walkway and tables would be
either inside or within the 42 inch barrier. Mr. Thorn added that the subject
premises are approximately 410 feet distant from the nearest residence using
the measurement requirements of the Land Development Code.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Ms. Nixon, to approve the above
request subject to the following: 1) That the use permit for the expanded area
be obtained within six months; and 2) That approval is granted subject to
approval of a variance to the SOO-foot separation distance by the City
Commdssion. Motion carried unanimously (7 to 0).
2.
M&B 23.13, Sec. 18-29S-l6E
(2218 Gu1f-to-Bay Boulevard)
Valentinos Koumoulidis (Mr. Submarine/Mr. Gyro)!
James Kalpakis
CU 87-89
.
Request - 2-COP (Beer and Wine Sales
1. On Premise Consumption AND
2. Package Sales)
Zoned - CG (General Commercial)
Ms. Harvey advised as follows: This request is for on premise consumption of
alcoholic beverages in the General Commercial zoning district; the specific
request is for a 2-COP state license; the application indicates the request is
for on premise consumption only; the governing sections of the Land
Development Code are Sections l36.02S(b) and (c)(l); there is an existing
restaurant at the subject location and applicant is proposing to add beer and
wine to the operation; 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 reques t subject to the following: 1) That
the use permit be procured within six months; 2) That approval is granted
subject to approval of a variance to the SOO-foot separation distance by the
City Commission; 3) That approval be specifically for consumption on premise
with no package sales or no alcoholic beverages sold to go from the drive-in
window; and 4) That there be opaque fencing along the north and east property
lines abutting the mobile home park.
.
Hr. Val Kou.oulidis, applicant, stated he has a restaurant and wants to sell
beer and wine inside premises as well as package sales of alcoholic beverages.
After questioning by Mr. Hogan, Mr. Koumoulidis stated he would like to sell
package sales to customers in the store and to customers through the drive-in
window. After questioning by Mr. Schwob, Mr. Koumoulidis stated he has been in
business for 9 years at the subject location, the beer and wine will increase
sales, and he has had several requests for beer and wine. After further
P & Z Minutes
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questioning by Mr. Schwob, Mr. Koumoulidis stated it would not matter to him
if package sales was not approved but it would be better for his customers.
After questioning by Mr. Ferrell, Mr. Koumoulidis stated lIe understood he
could not sell beer or wine for off premise consumption.
No persons appeared in support of or in opposition to the above request.
Ms. Nixon felt the applicant did not fully understand that package sales would
not be permitted.
Hr. James Kalpakis, representative of applicant, was requested by Mr. Johnson
to explain the recommendation for approval to the applicant.
After questioning by Mr. Schwob, Ms. Harvey advised staff recommendation would
remain the same as previously stated.
Mr. Kalpakis advised applicant understands the recommendation for on premise
consumption only but applicant felt that package sales would increase
clientele. Mr. Kalpakis also advised applicant would accept on premise
consumption only but prefers to offer full service to customers.
Mr. Hogan expressed concern that it would be difficult both for the applicant
and the City to enforce no take out of beer and wine at a business that caters
to a lot of take out of food.
Ms. Nixon also felt enforcing no package sales would be difficult. She also
expressed concern that beer may be put into a soda cup at a drive-in window
.
Mr. Schwob felt on premise consumption is appropriate and if the City Code is
violated there are procedures to have the Code enforced.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell~ to approve the request
for on premise consumption only subject to the following: 1) That the use
permit be procured within six months; 2) That approval is granted subject to
approval of a variance to the SOD-foot separation distance by the City
Commission; 3) That approval be specifically for consumption on premise only;
and 4) That there be opaque fencing along the north and east property lines
abutting the mobile home park. Motion carried (5 to 2) with 11s. Nixon and
Mr. Hogan'voting -nay.-
3. M&B 11.05 & 11.06, Sec. 19-29S-16E
(1260 U. S. Hwy. 19 South)
Veta Louise Gillenwaters/Robert Veurink
crr 87-90
Request - 1.
Outdoor Retail Sales,
and/or Storage
Vehicle Service
(Highway Commercial)
Displays~
2.
Zoned CH
.
Ms. Harvey advised as follows: this is a reques t for outdoor retail sales,
displays~ and/or storage and a request for vehicle service in the Highway
Commercial zoning district j the governing sections of the Land Development
Code are Sections 136.025(b), (c)(22) and (c)(27)j the subject property is the
site of a former restaurant proposed to be converted to a boat sales
establishment which will provide service on site; and, the Traffic Engineer
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commented that the outdoor storage areas must be paved. Ms. Harvey advised
staff recommended approval subject to the following: 1) That service provided
on site be restricted to boat service; 2) That there would be no outdoor
storage of parts; 3) That storage of boats would be on paved areas of tbe
property only; 4) That a six foot high opaque fence be provided along the full
length of the west property line; and, 5) That the applicant submit a site
plan for formal review and processing by the City.
Mr. Robert Veurlnk, representative of applicant, stated the application is for
outdoor retail sales of boats and for service of boats. After questioning by
Mr. Schwob, Mr. Veurink stated he will handle power boats only and at present
the boats are from 21 feet to 42 feet long. After further questioning, Mr.
Veurink has no objection to the conditions of approval but stated a fence is
in place at the present time. Ms. Harvey advised if a fence is in place it is
probably a six-foot fence. After questioning by Ms. Nixon, Mr. Veurink stated
rigging of boats will be done at a boat yard but service at the subject
location will consist of installation of windshields, radar arches, etc. He
stated no service other than boats sold at the subjec t locat ion will be
serviced. He added that electronic service is contracted out at the present
since there are no facilities for same at the subject location.
MS. Hary Jane Ryder, 2565 Brentwood Drive, stated she is not particularly in
opposition to the subject request but questioned what the noise level late at
night will be. She added that immediately adjacent to the subject property
there is another boat sales and service operation which currently causes a lot
of noise at night.
.
Mr. Veurink stated that the adjacent establishment currently handles outboard
motors which generally causes more noise. He added he intends to have his
service people stop work about 5:00 PM, there is no set schedule for weekends,
the sales portion is open until 8:00 PM three nights a week, detailing work is
what will mostly be done at the subject location and his operation currently
only carries inboard motor boats.
After questioning by Mr. Schwob, Ms. Ryder stated when noise is a problem at
the adjacent establishment she or her husband has called the security guard
and the noise was stopped.
After questioning by Mr. Hogan, Mr. Veurink stated he anticipates no routine
service after 6:00 PM.
Ms. Nixon suggested a time limit on allowing service work to be done.
Motion was made by Ms. Nixon, seconded by Mr. Ferrell, to approve the above
request subject to the following: 1) That service provided on site be
restricted to boat service; 2) That there would be no outdoor storage of
parts; 3) That storage of boats would be on paved areas of the property only;
4) That a six foot high opaque fence be provided along the full length of the
west property line; 5) That the applicant submdt a site plan for formal review
and processing by the City; and, 6) That no noise generated service work, such
as engine testing, be done past 6:00 PM. Motion carried unanimously (7 to 0).
.
P & Z Minutes
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11/03/87
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M&B 33.02, Sec. 28-28S-16E
(2508A McMullen Booth Road)
Rutenberg & Associates, Ltd. (1i1 Italy)/
Carol or Chris Chagnon
Cll 87-91
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Request
2-COP (On Premise Consumption
of Beer and Wine)
CC (Commercial Center)
Zoned
The applicant was not present.
Ms. Harvey advised it is a requirement that the applicant or applicant's
representative be present at a public hearing, and she suggested this request
be contin~ed to end of the Planning and Zoning Meeting.
Motion was made by Mr. Hogan, seconded by Mr. Schwob, to continue the above
request until the end of the Planning and Zoning Board Meeting. Motion carried
unanimously (7 to 0).
At the end of the public hearings for conditional uses applicant had still not
made an appearance and Ms. Harvey suggested the above request be contin~ed
until the Planning and Zoning Meeting sched~led for November 17, 1987. She
stated that Planning would contact the applicant and advise applicant its
presence is required at the November 17, 1987 meeting.
.
Motion was made by Mr. Hogan, seconded by Mr. Schwob,
request until the Planning and Zoning Meeting scheduled
Motion carried unanimously (7 to 0).
to continue the above
for November 17, 1987.
5. M&B 21.00, Sec. 05-29S-16E
Sylvan Abbey Memorial Park, Inc./
Timothy A. Johnson, Jr.
Cll 87-92
Request
1. N~rsing Home (120 Bed)
2. Congregate Care Facility (530 Bed)
Request #1 p/Sp (Public/Semi-Public)
Request #2 RPD-8 (Residential Planned
Development)
Zoned
.
Ms. Harvey advised as follows: The subject property is in the process of being
annexed into the City of Clearwater and is located west of Soule Road adjacent
to the Sylvan Abbey Cemetery; these requests are for a 120-bed nursing home on
property proposed to be zoned Public/Semi-Public and for a 530-bed congregate
care facility and assisted living facility on property proposed to be zoned
Residential Planned Development; the governing sections of the Land
Development Code are Sections 136.025(b), (c)(10), and (c)(20); this board
previously reviewed the site plan in conjunction in the request for annexation
and zoning for the proposed site of the Regency Oaks Retirement Center which
is to contain a 490-bed ACLF, a 40-bed assisted living center, and a 120-bed
n~rsing home; the annexation, zoning, and Land Use Plan amendment was
approved by the City Commission and is now in the process of being review by
the State and for the purpose of the Land Use Plan amendment which has been
approved by the Pinellas Planning Council; and, the Traffic Engineer has
no objection based on his awareness of the low generation of traffic for
P & Z Minutes
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feels the uses are appropriate for the zoning and the location, the Board may
approve the above request subject to approval of a final site plan by the City
and approval specifically be granted for miniature golf course only since
outdoor commercial recreation and entertainment may include many things.
Ms. Harvey advised that quite a bit of correspondence, primarily in objection,
has been received from nearby and adjacent property owners.
Hr. Don KcFarland, representative of applicant, requested the Board consider
the conditional use at the present time. He felt the site plan submitted with
the application was sufficient to identify the property and there will be no
problems meeting City requirements for development of the property. He advised
it is desirable for an applicant to know if a use is acceptable before
completing full engineering of a site plan. He stated applicant was before the
Board some time ago for a similar request of a miniature golf course on U.s.
Hwy. 19 and the request was approved. Mr. McFarland submitted copies of
photographs of similar operations representative but not identical to the
above request (see attached copies of photographs). Mr. McFarland stated
applicant intends to have no go-carts at the subject location.
After questioning by Mr. Schwob, Mr. McFarland advised tbe maximum elevation
of the structures are approximately 25 feet. After questioning by Mr. Kogan,
Mr. McFarland stated the size of the similar facility shown in the photographs
is approximately 2 1/2 acres.
The following persons appeared in opposition to the above request to give
their comments:
.
Mr. Fred Wilder, at:torney for neighboring property owner, Allan Stowell,
stated his client's principal opposition is that the general area is primarily
residential to tbe south of the subject property. Mr. Wilder questioned
whether the subject request was appropriate as a conditional use in a
primarily residential area. He stated the Land Development Code requires the
Board to consider all things in a site plan and to determine whether a
conditional use should be granted but the Board does not have the site plan to
see. He stated the facility will be in operation 7 days a week essentially
from early morning until midnight and will broadcast with loud speakers. He
also stated the facili ty 1s a good idea but not in the subject location.
Mr. Wilder distrirnlted 2 letters from area appraisal/realty companies who felt
the subject request may add to a decline of area property values (see attached
letters) ~
Hr. Allan Stowell, 2873 Thornton Road, Clearwater, adjacent property oWIler,
stated the area is res idential in nature. He stated he was advised by the
Building Department that the structures on the miniature golf course would be
considered a building. Mr. Stowell stated the application does not indicate
the structure and felt the application was inadequate for the Board to
consider. He expressed that the proposed facility would lower the value of his
10 adjacent acres that he proposes to develop as a multiple family residential
development- Mr. Stowell stated he visited similar facilities in other cities
and was surprised at the extent of the development.
.
Mr. Curt~s DeYoung, 802 North Belcher aoad, Clearwater, stated he has reviewed
the site plan which 1.ncludes a 1,000 square foot building, 25,408 square feet
of paving, and 73,825 square feet of green area. He also stated the green area
would need to be turf green or something similar to provide golf areas. He
expressed concern as an engineer that the facility does not appear to provide
P & Z Minutes
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11/03/87
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the drainage necessary for the land. He felt the Board has not been provided
sufficient information to determine the total impact on the surrounding area
and requested the Board deny the above requests.
After questioning by Mr. Schwob, Mr. DeYoung stated he is appearing as an
engineer operating and practicing in the City of Clearwater at the request of
Mr. Allan Stowell. After further questioning by Mr. Schwob, Mr. DeYoung felt
that normally the City's sit e plan review process is adequate. Mr. DeYoung
stated his concern arises from information from similar operations in other
cities that the proposed type of facility requires months to determine how to
solve drainage problems. Mr. DeYoung stated he doesn't see how drainage
problems can be solved at the subject location and felt the Board doesn't have
sufficient information to make a proper determination at this time. After
questioning by Mr. Hogan, Mr. DeYoung stated that, according to his
information, the 1,000 square foot building is proposed to be a snack bar and
the mountain is considered green area.
Mr. Prank Pascoe, President of Horton Plant Life Services and Executive
Director of Bayview Gardens Retirement Community, expressed concern about the
noise level and hours of operation, the high traffic levels, and he felt the
subject use is not a proper use of the land and should not be used as a
recreational use.
!lr. Ed Grota, Bethel Presbyterian Church Elder, stated his Church is the
oldest Church in Pinellas County. He felt the area is a residential area.
After questioning by Mr. Schwob, Mr. Grota stated services are normally from
10:30 AM to Noon on Sunday and there are no services during the week.
.
In rebuttal, Mr. McFarland stated Gulf-to-Bay Boulevard is General Commercial
on both sides of the road. He felt the questions regarding site plans should
be handled by site plan review and felt this Board should consider conditional
use. He felt adjacent lands values would not depreciate in value. He stated
information submitted on the site plan with the application was intended to
meet Code requirements for conditional use and from that point requirements
will be net according to site plan review. Mr. McFarland stated applicant has
no objection to delay opening of facility on Sundays until Noon, applicant has
no objection to closing at midnight, applicant has no objection to limitation
of outdoor speakers, and lighting can be handled to be directed away from
adjoining residential uses. He felt applicant will be a good neighbor.
After questioning by Mr. Schwob, Mr. McFarland stated that applicant felt
approximately 200 people per day would be anticipated. He felt the number of
parking spaces would limit the number of persons to 400 or 500 people per day.
Mr. McFarland stated the parking area will be accessible by private driveway
and felt the traffic would have no impact upon the neighbors. He also stated
that G~lf-to-Eay Boulevard is a major arterial highway. After questioning by
Mr. Hogan, Mr. McFarland stated the outdoor speakers could be eliminated.
Hr. George Vozza, applican~J stated the facility in Orlando visited by
Mr. Stowell is one of seven in which he has been involved and is the only
facility that has outdoor speakers. He added Mr. Stowell visited another
facility in I<issimmee that had no outdoor speakers. After ques tioning by
Mr. Schwab, Mr. Vozza stated this is family-type entertainment, approximately
40% of parti~ipant8 are teenagers but are usually with parents. After
ques tioning by Mr. Ferrell, Mr. Vozza stated norma lly there would be high
overhead lighting.
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Ms. Harvey stated that recently the City Commission reviewed the requirements
for noncommercial parking in both residential and office districts and the
Commdssion provided specific criteria. She advised that for any lot adjoining
residentially owned property, the lot must have opaque fencing or a wall along
all property lines adjacent to residentially zoned property and parking is
permitted only for motor vehicles. She added that any lighting in the parking
lot may not exceed the height of the fencing. She stated the parking lot will
be required to be fitted with low lighting in terms of height. After
questioning by Mr. Hogan, Ms. Harvey stated there would be no restriction on
lights for the golf course itself.
Ms. Nixon felt increased traffic on U.S. Hwy. 19 would be acceptable but not
on Gulf-to-Bay. She felt the requested use is not compatible with surrounding
uses. She also felt the noise will be unacceptable with surrounding uses.
Mr. Johnson felt the project will not be compatible for the area.
Mr. Green would like to see such a project in the City of Clearwater, but he
felt the project would be an intrusion on adjoining properties.
Motion was made by Ms. Nixon, seconded by Mr. Hogan, to deny the above
request. Motion carried unanimously (7 to 0).
7.
Lots 3 and 4, Blk. 8,
Gourd and Ewing's 2nd Addition
(103 South Garden Avenue)
John T. Gatziolis and Eugenia Tragos/
George E. Tragos
CU 87-94
.
Request
4-COP (On Premise Consumption of
Beer, Wine and Liquor)
UC[C] - (Urban Center [Core])
Zoned
Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the Urban Center [Core] zoning district; the specific
state license applied for is a 4-COP license; the governing sections of the
Land Development Code are Sections 136.025(b) and (c)(l); though the Traffic
Engineer noted there are parking limitations, the parking available for the
restaurant is the same as the parking available for the restaurant selling
alcoholic beverages and there would be no additional parking required; and,
the Police Department saw no reason to deny license to applicant. Ms. Harvey
advised staff recommended approval of the above request subject to the
following: 1) That the use permit be obtained within six months; and 2) That
approval is granted subject to approval of a variance to the SOO-foot
separation distance by the City Commission.
.
Hr. John Herckens, representative of applicant, advised he is establishing a
specialty restaurant with Jamaican cuisine. He stated the request for a 4-COP
license would compliment the cuisine and would help further downtown
development. He also stated he does not anticipate many families since the
restaurant is small. He further stated the competition in the area also serve
alcoholic beverages.
P & Z Minutes
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After questioning by Mr. Schwob, Mr. Merckens stated the only type of live
entertainment would be one singer during the dinner hour but since the
establishment is very small he doesn't think there will be live entertainment.
He advised there will be background music. He stated hours of operation are
11:00 AM to 3:00 PM and 5:00 PM to 9:00 PM and he is unsure at the present
time if the es tablishment will be open seven days a week. After further
ques tioning by Mr. Schwob, Mr. Merckens felt his establishment would not
qualify for a 4-COP-SRX license because the establishment is too small. He
also stated he plans seating for 50 people. After questioning by Mr. Johnson,
Mr. Merckens stated the subject location is neKt to Be's restaurant and he
felt customers will want both food and alcohol. After questioning by Mr.
aogan~ Mr. Merckens the bar will seat 15 to 20 people with approximately 8 to
10 4-person tables. He added there will be no outside speakers.
~o persons appeared in support of or in opposition to the above request.
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 within
six months; and 2) That approval is granted subject to approval of a variance
to the SOO-foot separation distance by the Ci ty Commission. Motion carried
unanimously (7 to 0).
The Board recessed from 3:30 PM to 3:35 PM.
8.
Part Lot 40, Lots 41 through 43,
Enghurst 1st Addition
(1300 North Ft. Harrison)
Weiland Irle (Corraboree's)/
Michael Pavlin
CU 87-95
.
Zoned
2-COP (On Premise Consumption of
Beer and Wine)
CN (Neighborhood Commercial)
Request
Ms. Harvey advised as follows: This is a request for on premises consumption
of alcoholic beverages in the Neighborhood Conunercial zoning district; the
specific state license being applied for is a 2-COP license to be used as a
restaurant; the governing sections of the Land Development Code are Sections
136.025(b) and (c)(I); the Police Department saw no reason to deny license to
applicant; and the though Traffic Engineer eKpressed concern regarding
parking, 18 parking spaces would be required under the current Code.
Ms. Harvey stated staff recummended approval of the above request subject to
the following: 1) That a parking plan be submitted to the Traffic Engineer for
approval; 2) That approval be granted subject to approval of a variance to the
500-foot separation dist'ance by the City Commission; 3) That the use permit be
obtained within six months; and 4) That there be opaque fencing provided along
the west property line adjacent to residential zoning district.
.
Hr. Michael Pavl1n~ representative of applicant~ stated applicant currently
holds two alcoholic beverage license, one of which is in the 1400 block of
North Ft. Harrison, and one of which at 1310 North Ft. Harrison and adjacent
to the subject facility. Mr. Pavlin stated applicant hopes to gear the new
establishment to a young, professional type crowd.
P & Z Minutes
10
11/03/87
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After questioning by Mr. Schwob, Mr. Pavlin advised the hours of operation
will be from 11:00 AM to 2:00 AM but will be agreeable to closing at midnight.
He further advised there will be no live entertainment other than in-house
music. After questioning by Mr. Hogan, Mr. Pavlin advised there will be
seating at both a bar and tables and foods such a chicken wings, fried
mushrooms, etc. will be served. He also advised the bar will seat 15 to 20
persons and seating at tables will total approximately 50. Af ter further
questioning by Mr. Schwob~ Mr. Pavlin stated the subject establishment would
receive catered food from the restaurant next door and would be served buffet
style. After questioning by I1r. Hogan, Mr. Pavlin stated there will be no
physical connection between the two locations. After questioning by Mr.
Johnson, Mr. Pavlin stated there will not be off the menu type ordering.
The following persons appeared in opposit ion to the above reques t to give
their comments.
Hr. Andrew Obergfell, 1305 Korth Osceola, stated the communi ty has problems
and he felt the subject establishment would be another problem. He felt this
would be a corner bar. He advised his back yard is less than 50 feet away and
his back door is less than 100 feet from the corner of the building. He felt
the above establishment does not belong in his neighborhood. After questioning
by Mr. Schwob, Mr. Obergfell stated there have been no real problems with the
restaurant next door. Mr. Obergfell submitted a petition 1n opposition to the
above request (see attached).
.
Mr. Carlo BDS~, 1309 Horth Osceola, stated his property is directly west of
Bill lrle's Restaurant and felt the bar will be a problem.
Mr. Edward Cruz, 1401 Horth Osceola, stated he does not want a bar in the
neighborhood. He felt that the Police are trying to clean up prostitution but
the bar will give the prostitutes a place to go. He stated he does not have
privacy in bis back yard.
Mr. Williaaa Surman, 1217 North Osceola, stated his property almost borders
applicant's property. He stated that the Police are in the neighborhood a lot,
nDW and doesn't feel the neighborhood needs more problems.
Prank Palo.bo~ 1412 Horth Osceola, stated the citizens of the area have been
trying to upgrade the neighborhood, a lot of work has been put into homes, and
c01llIDercial property has been upgraded. After ques tioning by Mr. Schwob, Lt.
Palombo stated he is a police officer with the Clearwater Police Department
and felt he is qualified to discuss character of neighborhood. He advised the
Clearwater Police Department has been working diligently to t::liminate the
prostitution problem in the neighborhood. He also stated the prostitution
problem is currently on the street and is fairly easy to deal with but would
be more difficult if the prostitutes were in and out of a bar.
Hr. Ol~ver Ackerley, 1216 Sunset Drive, stated he is approximately 200 or 300
feet from the proposed restaurant and he expressed concern that once the
operation is approved it will be hard to get rid of if there are proble~.
.
MS. Shirley Shrock, 308 Engaaa, stated she will not go out at night and she
will not allow her te~nage daughter out at night. She felt many people will
sell homes if the above request is approved.
P & Z Minutes
11
11/03/87
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MS. Debra Weible, 1208 Sunset Drive, stated the neighborhood is zoned
Neighborhood Commercial. She also stated that Ft. Harrison is starting to
change and some good things are starting to happen. She felt the subject
request will not attract a young professional crowd but attract the local
crowd. She felt the subject request would not be compatible with the
neighborhood and would be a nuisance.
Ms. Sue Egan, owner of property at 1216 Sunset Drive, stated she worked hard
to redo the house and she now has 4 fine tenants who are would be very close
to the bar.
Ms. Harriet Ackerley, 1216 Sunset Drive, expressed concern about litter. She
expressed concern about the young children in the neighborhood, ten of whom
meet the school bus on the corner.
Ms. Betty McGraw, 1404 Sunnet Drive, felt approval of the above request would
be a detriment to the neighborhood and the neighborhood is mostly residential
within 500 feet of the above request.
Mr. John Kavanaugh, 1724 SUDset Drive, stated he is against any more bars in
the area and feels the City is putting effort into cleaning up the City.
MS. Dorothy Benjamin, 401 Sunburst Ct., stated she doesn't like seeing
prostitutes. She questioned what the City receives out of a license and felt
it costs the City more to keep a neighborhood in good condition than the City
may receive from a license.
MS. lUna CIUZ, 1401 North Osceola, stated she strongly opposes the above
('i.<:!\j,~, request.
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MS. Mary Helen Haran, owner of property at 1211 SUDset Drive, stated the
property on Sunset Drive is within 500 feet of the above request. She passed
out an aerial drawing of the area showing the 500 foot radius in all
directions (see attached). She stated a recent decision of a hearing officer
reversing the Board's approval of a similar request was based not only on the
500 foot issue but also on the compatibility issue.
Ms. Dorothy Bosi, 1309 North Osceola, stated she cannot use her pool because
of lack of privacy and her children will not bring their friends to the house.
Hr. Robert Beard, 400 Sunburst Court, felt it would be incomprehensible that
the Planning staff would approve this request. He questioned how many bars are
allowed in a City_ Mr. Hogan advised that the state regulates how many bars
are allowed within a county and for hard liquor, one bar is allowed for every
2,500 people.
Ms. Canaa Schaefer, 1212 Sunset Drive, felt the bar is inappropriate and
incompatible with the neighborhood.
Ms. Joan Obergfel1, 1305 North Osceola, stated her property is only 50 feet
from the subject building and she is strongly opposed to approval of the above
reques t.
.
~r. John Durlcb, proper~y owner of 1304 North Osceola, stated the neighborhood
is being restored and he felt the City should help continue to restore the
neighborhood.
P & Z Minutes
11/03/87
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Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to recommend to the
City Commission to approve the above request for annexation and RS-8 (Single
Family Residential "Eight") zoning. Motion carried unanimously (7 to 0).
(D) Annexation, Zoning, and Land Use Plan Amendment:
1. Part Lot 11, Pinellas Groves
(Located on the north side of Nursery Road,
east of Belcher Road)
(Hilkert)
A 87-35 LUP 87-24
Request - Annexation and Zoning, RM-16
(Multiple Family Residential "Sixteen")
Land Use Plan:
FROK: Low Density Residential
TO: Medium Density Residential
The above property is located on the north side of Nursery Road, east of
Belcher Road.
.
Mr. Pruitt advised as follows: This request is for annexation, RM-16 (Multiple
Family Residential) zoning, and a Land Use Plan amendment from Low Density
Residential to Medium Density Residential; the property is presently developed
with a single family residence and a garage-type structure; the owner is
making the request to permit the additional development of apartments on site;
City water is available to the property; City sewer is available to the
property but the owner will be required to pay to extend the service from the
south side of Nursery Road to the property; and, the surrounding uses are
large lot residential and RS-4 zoning to the north and east, RM-16 to the
south, RM-28 to the west and a commercial use to the southwest. Mr. Pruitt
stated staff recommended approval of the request for annexation; staff
recommended the Low Density Land Use Plan be maintained which is in character
with adjacent low density residential uses and unincorporated residential uses
to the north; and, staff recommended a zoning designation of RS-4.
Hr. Larry Bllkert, applicant, felt the request is taking good planning into
consideration. Mr. Hilkert felt the subject property is isolated from the RS-4
zoning across Maple Forest Road and the only abutting residential is on the
north side of the subject property. Mr. Hilkert stated the subject property is
completely surrounded with a 6 foot block wall which isolates the property
from surrounding properties. He also stated the annexation request is made to
receive City water and sewer.
The following persons appeared in opposition to the above request to give
their comments.
Hr. Bob Hetz, adjoining property owner, submitted letters of opposition from
surrounding neighbors (see attached). He stated he is opposed to the above
rezoning because it would add to the already congested traffic on Belcher
Road, it would remove an existing residential use, and it would have an affect
on property values of nearby homes.
.
P & Z Minutes
14
11/03/87
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Ms. Diane Horse, 1470 Maple Forest Drive, submitted photographs reflecting the
character of the area (see copies attached) which consists of large homes on
one acre lots with large trees. She also submitted photographs of the garage
on the subject property (see copies attached) and questioned its future use.
She stated the wall surrounding the subject property has caused considerable
flooding in back yards.
Ms. Leah Hayslett, 1431 Maple Forest Road, stated the neighborhood consists of
12 residential homes and are valued from $300,000 to $500,000 and seven homes
are proposed on an additional five acres. She felt the above request would not
be compatible with existing uses on Maple Forest Road.
Mr. Joel Kehrer, 1407 Maple Forest Drive, felt applicant has plans for the
property other than what is requested. He stated the area is a heavily
travelled school zone.
Mr. Glen Logsdon, 1456 Maple Forest Drive, requested that the Board maintain
the zoning as it is presently. He stated he has no objection to the
annexation.
Ms. Ma~ Ellen Wilson, 1406 Maple Forest Drive, stated Nursery Road has had
many different zonings through the years the City and County has down-zoned
tlu residential area. She questioned what would be done with the garage if
apartments are built on site.
.
In rebuttal, Mr. Hilkert stated the same people in opposition have 120 units
directly behind their properties. He stated the flooding problem has existed
for years and County engineers tried to correct the problem a few years ago
but have not been successful. Mr. Hilkert stated the garage will be turned
into apartments and there will not be 16 units on the property. He felt the 50
foot vacant between his property and Maple Forest Drive is sufficient buffer.
He also felt the request is not unreasonable and the request is good zoning
planning.
After questioning by Ms. Nixon, Mr. Hilkert stated the existing building would
have 4 to 6 apartments and an additional townhouse type building would be
constructed, both of which would be rental properties.
After questioning by the Board, Mr. Pruitt stated staff recommended approval
of the request for annexation; staff recommended the Low Density Land Use Plan
be maintained which is in character with adjacent low density residential uses
and unincorporated residential uses to the north; and, staff recommended a
zoning designation of RS-4.
Ms. Nixon felt the request for Medium Density Residential Land Use Plan is
inappropriate and would be opposed to that classification.
Motion was made by Mr. Schwob, seconded by Ms. Nixon, to recommend that the
City Commission approve the annexation, maintain the Low Density Residential
Land Use Plan classification and establish an RS-4 (Single Family Residential)
zoning district. Motion carried unanimously (7 to 0).
.
P & Z Minutes
15
11/03/87
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1.
Chapter 137,
Section 137.005
to redefine "sign"
LDCA 87-13
Ms. Harvey stated this amendment came about due to concern expressed by
property owners to Ci ty Commissioners that the existing definition of signs
allowed inspectors, citizens, etc. to actually go on to property to check
signs that were not otherwise visible. She also stated the Commission felt if
a sign could not be seen, it should not be the City's concern. She further
stated the City Attorney was instructed to draft an amendment to the Code to
change the definition of "sign" to exclude those signs which are not visible
from off the premises. She advised that the Development Code Adjustment Board
recommended approval of the amendment. Ms. Harvey stated staff recommended
that the Board recommend approval of the amendment with the deletion of the
word "prominently."
Motion was mad.;! by Mr. Hogan, seconded by Mr. Green, to recommend approval of
the amendment to Section 137.005 of the Land Development Code to redefine
"sign" and to delete the word "prominently" in said definition of "sign."
Motion carried unanimously (7 to 0).
2.
Chapter 136,
Section 136.025(c)(10)
.
To establish the basis for determining
the density of congregate care
facilities.
LDCA 87-14
Ms. Harvey stated this request was staff initiated as a result of an
application for a proposed retirement center. She advised the currently each
unit counts as a residential unit or dwelling. She also advised that the City
had no control for how many persons were in the unit. She stated Clearwater is
the only City in the County that calculates density by unit while the state
calculates density by bed count. She stated these different calculations
caused confusion when authorization for zoning was requested by applicants.
She advised that the density calculation be changed to 2 beds equals 1 unit
for the purpose of calculating density. She felt this would be nearly equal to
what procedure the County uses at the current time. She stated the County
currently provides for 2.3 beds per unit which means the Ci ty 's dens i ty
calculation will still be lower than the County's density calculation. She
advised this is the same density that is provided for nursing homes. Ms.
Harvey stated staff recommended approval of the above amendment.
Motion was made by Mr. Schwob, seconded by Ms. Nixon, to recommend approval of
the amendment to Section l36.025(c)(10) of the Land Development Code
es tablishing the basis for determining density of congregate care facilities.
Motion carried unanimously (7 to 0).
.
P & Z Minutes 16
11/03/87
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Mr. Johnson announced he will not be present at the meeting scheduled for
November 17, 1987 and Mr. Hogan agreed to act as Chairman.
After questioning by Mr. Johnson, Ms. Harvey advised the information
distributed on group homes was for information purposes particularly because
this Board decides requests for conditional uses for this type of facility.
(G) Director's Items
1. Proposed 1988 Planning and Zoning
Meeting Dates.
Ms. Harvey stated the 1988 meeting dates are in accordance with the Board's
Rules and Regulations wh.ich state meeting shall be held on the Tuesday
immediately preceding regularly scheduled meetings of the City Commission. She
stated the list of dates distributed to the Board meet the Rules and
Regulations.
2. Discussion of Planning and Zoning Board
Rules and Regulations.
.'"
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Ms. Harvey advised that copies of the Board's Rules and Regulations were
distributed so the Board would have a chance to read them and make any
sugges ted changes and will be formally reviewed by the Board at its first
meeting in January. She requested the Board consider one change in Section 7:
Records to delete the words "Planning Divis ion of the" since the records are
maintained in the Department of Planning and Urban Development.
(8) Board and Staff Comments
Mr. Hogan stated he had not wanted to offend staff by using the word "ignore"
and the definition of the word ignore which means "to leave unnoticed or as
unworthy of notice, to disregard, or to consciously not recognize" and he felt
the City is not consciously recognizing deed restrictions.
.
Mr. Galbraith stated the City does not enforce deed restrictions and he stated
he wanted Mr. Hogan to understand that to his knowledge no city enforces deed
restrictions with the only exceptions possibly being those instances where the
city is an actual party to a particular deed. Mr. Hogan felt that since the
City was a taxing body on deeds that the City, in some cases, may be left open
to suit because it disregal:ds deed restrictions. Mr. Galbraith said there
would be no chance and that if a property owner is injured because a neighbor
is not complying with deed restrictions that the property owner has the
obligation to go to Court to fight the deed restrictions. Mr. Galbraith noted
the statement made in the minutes that we are leaving it up to the owners to
fight in out in Court is correct because a deed restriction constitutes an
agreement among property owners and the rights and remedies are private. After
questioning by Mr. Hogan, Kr. Galbraith stated the City does not recognize
deed restriction when taxes are paid but the City l:ecognizes ownership and the
levy of taxes has nothing to do with covenants or restrictions that may be
tied in with ownership. Mr. Green advised he is in agreement with Mr. Hogan
but he felt the City Attorney was correct that deed restrictions are basically
contractual arrangements that run with the land. He further stated a property
owner is bound to the deed restriction even though not an original party to it
P & Z Minutes
17
11/03/87
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because the property owner bought the property but the deed rest.riction is
between property owners. Mr. Green felt deed rest. rictions a re not. something
the Board can ask the City to enforce. Mr. Galbraith advised a deed
restriction may be enforced by the City only if the deed restrictions coincide
with City ordinances.
M.r. Galbraith referred to the October 13, 1987 Dlinutes wherein Mr. Hogan
stated that Mr. Galbraith has chosen not to back up in any way the decision of
the Board because he didn't. recommend the City seek judicial review. Mr. Hogan
stated the conditional use in question was the Board's denial of the
condondnium being used as an ACLF. Mr. Galbraith clarified that recommendation
was made to the City Commission because he felt the Order entered by the
Rearing Officer was a very good Order. He stated the 3 cases that were taken
to Court were lost by the party seeking judicial review. He also stated he has
not seen a Circuit Judge disturb an Order of a Hearing Officer in the 2 years
he has been with the City. Mr. Galbraith also clarified his recommendat.ion was
made to the City Commission because the other property owners were organized
and had a lawyer at. the hearing before the Hearing Officer and they chose not
to seek judicial review. M.r. Galbraith stated he advised the City Commission
on cases like alcoholic beverage cases where neighbors appeal the Board's
decision of approval and that approval is overturned and an applicant does not
seek judicial review to get a request approved, the City should not use
taxpayers' money. He stated that, since the condominium owners would be the
most offended by the Hearing Officer's Order and they decided not to seek
judicial review, he felt the City's taxpayers should not pay for judicial
review.
.
After questioning by M.r. Hogan, Mr. Galbraith clarified that seeking judicial
review is not left solely to the taxpayer but where there is a t.hird party
interest, such as an applicant for alcoholic beverage license or an organized
condo association, and that third party interest is not willing to seek
judicial review, he felt the City should not seek judicial review eit.her. He
further clarified the Cit.y Commission could have instructed him to seek
judicial review, but it chose not to do so.
After further questioning by Mr. Hogan, Mr. Galbraith stated he bases his
recommendations to the City Commdssion on whether there is a reasonable
chance of success and where he doesn't see a reasonable chance of success he
must decide if it is worth the trouble. He also stated an appeal to a Hearing
Officer is the first step in the review process and many of the Board's
decisions are upheld and a few are not. He stated of those that are not
upheld, he must decide if the City has a reasonable chance of success in
Circuit Court, and if not, and there is a third party interest who cares not
to go to Court this will help him make the recommendation he makes.
.
Mr. Rogan felt it appears this Board is functional only to a point and
questioned if the City Commission should hear these cases rather than the
Board. Mr. Galbraith stated there is a substantial percentage of cases heard
by the Board that are not appealed to a Hearing Officer and of those appealed
to a Bearing Officer a substantial number is affirmed by the Hearing Officer.
Ms. Harvey advised, though the list has not been updated in a few months, the
percentage of cases appealed to a Hearing Officer is extremely low. Mr.
Galbraith stated the percentage of cases overturned by a Hearing Officer in
the recent pas t looks high because mos t are concerning alcoholic beverage
requests. He stated that the confusion in the City Code regarding separation
distance and having the same Hearing Officer who strictly uses the 500 foot
P & Z Minutes
18
11/03/87
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BURTON
PROFESSIONAL ASSOCIATION
ATTORNEYS Jlo.ND COUNSELORS AT l.Jlo.W
CLEARWATER" FI,ORIDA 331118
N UMIJER ONI!:
RXEC.'UTI\"E i>LJlo.CE
TRI,fa-lIoll/ll: ClIIS. ft8f\03G!lft
November 2,
1987
8'88 NURSERY ROAD
I'OST orFICE BOX .,.,
CADI~E ADDREM. '"EQUITY-
Mayor
City
Ave.
34616
In
Re:
Annexation, et.al.
11, Pinellas Groves
LUP 87-24
Part of Lot
A 87-35
Ladies and Gentlemen:
As a
east
resident of Maple Forest
of the above subject
Drive,
property:
con t iguous
to
the
north
and
.2~"
,.'.....
Please record this letter
ject anneKation and
as
re-zoning
a FORMAL
(A&R) for
OBJECTION to the
the following
above sub-
reasons:
1. A& R
exist.ing on
would
Nursery
add to the
Ro ad.
already congested traffic
situation
2 .
general
Fore~ t )
A&R would remove
conformance with
and east (all
an existing residential use
contiguous properties to
residential almost to U. S.
which
the north
19).
is in
(Maple
3 .
building
mance with
Property owner has constructed
on the property which may
current county zoning
a larged so-called
have been erected NOT
requireITIents.
accessory
in confor-
For the foregoing reasons,
be linited to include
we would
only e?tis,ting
/" :
ly
ask that the
residential
annexation
use.
request
...
CBB/In
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BtrRTON
PROFESSIONAL ASSOCIATION
ATTORNEYK ANI) COUNHELOHB AT LAW
CLEARWATER, FI40RIDA S3lUS
S 'M nER ONE
& X..: 'tlTIVE PI.ACE
TEI.t:I'UONE 18131 118e03I1~1I
November 2, 1987
111188 NURIIEHY ROAD
I"OST OF'l"ICE BOX .7.'
CAIII.E ADDRESS. -EQUITY-
M yor and City Commission
C ty of Clearwater
C ty Hall
1 2 s. Osceola Ave.
C earwater, FL 34616
In
Re:
Annexation, et.al.
11, pinellas Groves
LUP 87-24
Part of Lot
A 87-35
L dies and Gentlemen:
P ease be advised this office
M. DONALD, developers and residents
bdivision, located within the City
the east of the above subject
represents L. RICHARD
of COUNTRY
of Clearwater
property.
DONALD and NEVA
OAKS proposed
and contiguous
I!!!!t\
~
ease record this letter
ct annexation and
as
re-zoning
a FORMAL OBJECTION to
(A&R) for the following
the above sub-
reasons:
1. A&R would add to the. already congested traffic situation
isting on Nursery Road.
2.
general
Fores t)
A&R would remove
conformance
and east (all
an existing residential
with contiguous properties
residential almost to U.
to
S.
use which is
the north
19).
in
(Maple
Property owner has constructed a larged
on the property which may have been erected
current county zoning requirements.
so-called accessory
NOT in con for-
or the foregoing reasons,
limited to include only
we would
existing
ask that the
residential
annexation
use.
request
BB/lm
.
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October 30, 1987
GERALD . A AND NORMA J. TAYLOR
Planning and Zoning Board
City of Clearwater
Clearwater, FL 33518
Ie:
Request for Annexation, Zoning and Comprehensive Land Use
Amendment
1. Zone
LUP
BH-16
From Low Density
Residential
(Multiple Family Residential "sixteen")
Residential to Medium Density
Part of Lot 11, Pinellas Groves, located on
the North side of Nursery Road, East of
Belcher Road, (Hilkert) A 87-35, LUP 87-24.
We, Gerald A.
single family residence, located at
known as Maple Forest Lot 1.
eleven (11) single family
residents of a
is
of
.
In addition, the subject property does not have sufficient area to
accommodate the required housing units and associated parking with
~be building of a three or four story structure; which would be
completely out of character with the adjoining property. Sucb a
rezoning would have a detrimental impact on the traffic congestion on
Nuraery Road, which at certain times, is a heavily traveled and
congested thoroughfare.
Tbank you for considering our request.
Sincerely yours,
~~
Gerald A. Taylor
JZ~,~~~.L /
Norma J. GraYlor7~
.
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NOVEMBER 2, 1987
CI.ll\lru-1l\N AND M1M3ERS
PIANNIOO f\ND 7,OOlNG OOl\lm
CI'l'Y OF" CLEl\RWATER
p.o. rox 474B
CLEARW~TER FL. 34618
1m:
COODl'fIOOAL USE APPLICATION II B 7-9 3
I HAVE BEEN 1\5J<E) FOR l\N OPINION l\S TO 'l11E ,EFI~ OF 'OlE l'HOPOSED I3USINI::SS
00 THE RFSIOEN1'IAL PROPERTY IM1EDIl\TELY' TO 'l'1E SQtJlll 01" SUBJEX:f PROPER'lY.
AFI'ER CAREFUL REVIEW OF '!lIE ARE'A ITSELF', PHaros, AND 1\Nl'ICIPATED PU\NS, I HAVE
J\DVISED THE avNER, OF 'l'HE PROPERTY DlREX:I'LY sarrn OF THE PROPOSED r.o:ATION
FOR THE PROIOSED BUSINFSS, 'IlIAT THIS PARTICUIAR BUSINESS WILL NOr ENHANCE HIS
RESIOENI'IAL PROPERTY. THE ELEVATED HILlS ~ WI'l'H ELEVATED LIGUrs AND HIGH
NOISE FACroRS, DURIOO EXTENSIVE OPEN HOURS OF nus TYPE BUSINESS, WILL BE VERY
DE:I'REME11l'AL TO 'lHE VALUE OF HIS PROPERrY. '.l1IIS 'lYPE OF BUSINESS \'O.JlD BE BEST
IN A MJRE SECWOED AREA WI'lH ACCESS 'lD A MAJOR HIGHWAY'. THE PROPOSED AREA lIAS
RFSID~, CHURCHES,: REl'IREMENr CENl'ERS, AND APJ.\R'Il.1EN1'S ClOSE AT llANO.
IT IS MY Ol?lNlOO 'l'lUS USE, 8l\SED 00 'l'HEIR PLANS AND N:>RMAt, FACILITIFS, WILL
NOr ~ THE AREA OR ABUI'ING PROPERl'IFS, AND COUID LEAD 'IO A DECLINE IN
TlIE VAUJE OF TlJE MurIOO RFSIDENrIAL PROPERTIES.
YOJRS TRULY, ~
~~7
REAL'roR
o Suite C 0 Clearwater Florida 33 75 0 Phone 813/447.7736
MLS
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APPRAISAL/MARKET RESEARCI-I, INC.
ROSS ALEXANDER AND CO.
Cu.<6()-Q3
6~rr\It.ted Clt
hrq. 11-~...gl
~, CHESTNUTSTREET,surff; E
POST OFflCE BOX 22~8
Cl.EARWATER. "l.ORIOA 341517
1813IA8'.4057
4!522 SPRUCE SmEET
P.O. BOX 24399
TAMPA, FLORIDA 33830
/81318515-1220
November 2, 1987
L. KENNETH FROST. MAl, eRE
ROSS A, ALEXANDER. MAl. CRE
JERRY S, FIALA. "''',. SR"
JOHN H. SCHWEIT'ZER
Al.LAN R, TITSWORTH
J, LINDA JETTER
JEFFREY A COS" T
L VNN K, ROSENTHAl.
JOANNE BRANDENBURG
K'MBERL Y' H. WILSON
Mr. Allen stillwell
2873 Thornton Road
Clearw~ter, Florida
33520
Dear Mr. ,stillwell:
We
Bay
have reviewed the
Boulevard and
site plan for-the
Cross Boulevard.
commercial
site
at
Gulf
to
The site
course. However,
was provided
will consist
plan" does not
based
by
of the
indica te anything
on the photographs, and
you - of the proposed facility,
following:
but
a miniature gol f
description which
the improvements
1.
2.
3.
a 30 foot.. 111gh artificial mountain
bright lighting
loud speakers for constant music and
announcements
We cannot provide a study which would indicate the effect
this type of facility would have, on the' adjoining
within the extremely short time limit. " However,
personal opinion, not supported, that the loud music and
from a 30 foot high structure could unduly decrease the
the neighboring residential properties.
that
properties
it is our
lights
value of
Sincerely, ,
~~r
L~ Frost, MAr
LKF/wf
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WE, THE UNDERSIGNED, OPPOSE THE REQUEST BY WEILAND IRLE FOR
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CONSUMPTION OF BEER AND WINE (2-COP) AT 1300 N.
FT. HARRISON.
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WE, THE UNDERSIGNED,
OPPOSE THE REQUEST BY WEILAND IRLE FOR
CONSUMPTION OF BEER AND WINE (2-COP) AT 1300 N.
FT. HARRISON.
NAME.
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AGENDA
PLANNING & ZONING BOARD
NOVEMBER 3, 1987 1:30 PM
ACTION
Approval of minutes of
Approval of minutes of
29, 1987
1987
September
October 13,
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined
below:
.
9.
10.
11.
1.
The Chairman reads from the Public Hearing ~otice each item as it
is presented.
The Planning Director advises the Board of any pertinent background
information.
The applicant or his
Persons who support the application speak.
The Planning Director presents any
Persons who oppose the application
The Planning Director presents any
Persons supporting the application
rebuttal.
Persons opposing may
The applicant has
The Board makes a
2.
3.
44
5.
6.
7.
8.
representative presents his
case.
supporting written documents.
speak.
opposing written documents.
(other than applicant) may speak
speak in rebuttal.
an opportunity for final
decision.
rebuttal.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST RAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
(B)
Conditional Uses:
.
P & Z Agenda
1. Lot 1, Loehmann's Plaza
(1730 U.s. Hwy. 19 North, #501 - 503)
Brandon NuWest (Biarritz)1
William Buck (Chevy's of Clearwater, Inc.)/
Sydney Bradley
CU 87-87
(OONTIlfUBD FROK MEETING OF
OCTOBER 13, 1987)
Request - 4-COP (On Premise Consumption
of Beer, Wine, and Liquor)
Zoned - CC (Commercial Center)
1
11/3/87
. , * . ~
'.",'
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".:'t::1" ~/~..,~.~'Il'.~" ".;"."~"l: ,'. ''':r;:(
:.:;l"'!'.'
1:'1'1:',,"
.,,'
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2.
M&B 23.13, Sec. 18-29S-16E
(2218 Gu1f-to-Bay Boulevard)
Valentinos Koumoulidis (Mr. Submarine/Mr. Gyro)/
James Kalpakis
CU 87-89
8::;:"
''''''';''h
-...."
Request - 2-COP (Beer and Wine Sales
1. On Premise Consumption AND
2. Package Sales)
Zoned - CG (General Commercial)
3.
M&B 11.05 &
(1260 u. S.
Veta Louise
CU 87-90
11.06, Sec. 19-29S-16E
Hwy. 19 South)
Gillenwaters/Robert Veurink
Request -
L
Outdoor Retail Sales,
and/or Storage
Vehicle Service
(Highway Commercial)
Displays,
Zoned
2.
CH
4. M&B 33.02, Sec. 28-28S-16E
(2508A MCMullen Booth Road)
Rutenberg & Associates, Ltd. (Lil Italy)/
Carol or Chris Chagnon
CU 87-91
.
Request 2-COP (On Premise Consumption
of Beer and Wine)
Zoned - CC (Commercial Center)
5. M&B 21.00, Sec.05-29S-16E
Sylvan Abbey Memorial Park, Inc./
Timothy A. Johnson, Jr.
CU 87-92
Request - 1. Nursing Home (120 Bed)
2. Congregate Care Facility (530 Bed)
Zoned Request #1 p/Sp (Public/Semi-Public)
Request #2 RPD-8 (Residential Planned
Development)
6. Lots 4 through 13 & Vacant Alley,
Bay Heights Sub.
(Vacant Land between 2905 and
2871 Gulf to Bay Boulevard)
Timba Bros. Dev. Construction Co. &
Winners Corp./Donald McFarland
CU 87-93
.
Request - 1. Outdoor Commercial Recreation
and Entertainment
2. Noncommercial Parking
Zoned Request #1 CG (General Commercial)
Request #2 RM-16 (Multiple Family
Residential)
P & Z Agenda.
2
11/3/87
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(D)
Annexation, Zoning, and Land Use Plan Amendment:
.
1.
Part Lot 11, Pinellas Groves
(Located on the north side of Nursery Road,
east of Belcher Road)
(Hilkert)
A 87-35 LUP 87-24
Request - Annexation and Zoning, RM-16
(Multiple Family Residential "Sixteen)
Land Use Plan:
Low Density Residential
Medium Density Residential
FlWK:
TO:
(E)
Land Develop.ent Code Amend.ent:
1. Chapter 137,
Section 137.005
to redefine "sign"
LDCA 87-13
2. Chapter 136,
Section 136.025(c)(10)
.
To establish the basis for determining
the density of congregate care
facilities.
LDCA 87-14
(F)
Chairman's Items
(G)
Director's Items
1. Proposed 1988 Planning and Zoning
Meeting Dates.
2. Discussion of Planning and Zoning Board
Rules and Regulations.
(B)
Board and Staff Co~ents
.
P & Z Agenda
4
11/3/87
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