12/15/1987
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MINUTES
PLANNING & ZONING BOARD
DECEMBER 15, 1987 - 2:00 PM
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Members Present:
Chairman Johnson, Ms. Nixon, Messrs. Ferrell,
Green, Hamilton, Hogan, and Schwob
Also Present: M. A. Galbraith, Jr., City Attorney
( A) 1 .
Motion was made by Mr. Schwob, seconded by Mr. Hogan, to approve the
minutes of the Ro~ember 3, 1987 meeting as corrected. Motion carried
unanimously (7 to 0).
( A) 2 .
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve
the minutes of the F.ovember 17, 1987 meet ing as wr itten. Mot:on
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 thiH date in which to file an
appeal through the City Clerk's Office. Florida Law requires any party
appeal ing a dec is ion of th is Board to have a record of the proceedings to
support the appeal.
(B) Conditional Uses:
1 .
(REQUKST FOR EXTENSION)
Lots 11 and 12, F. E. Hanosek Sub.
(1297 South Missouri Avenue)
Sears, Roebuck & Co./Douglas S. DeArmond
and David D. Perkins
CU 87-56
.
Request - Aluminum Recycling Machine
Zoned - CC (Commercial Center)
Ms. Harvey advised as follows: This is a request for extension of the time
limitation placed on a conditional use approved by this Board on July 14, 1987
for an aluminum recycling machine in the Commercial Center zoning district;
the above request was approved with the condition that a trash receptacle be
placed at the machine; and, a letter from applicant dated December 2, 1987 was
received requesting an extension of the six month time limitation. Ms. Harvey
advised staff recommended approval of the request for the six month extension
subject to the following: 1) That the use permit be obtained within six
months; and 2) That a trash receptacle be placed at the machine.
Hr. David Perkins, representative of applicant, stated there were problems
procuring a lease which took longer than expected to be finalized. He advised
applicant is now working with Florida Power to get electricity at the site and
the machine is expected to be in operation within one or two months.
No persons appeared in support of or in opposition to the above request.
.
Motion was made by Mr. Hogan, seconded by Mr. Schwob, to approve the request
for the six month extension subject to the following: 1) That the use permit
be obtained within six months; and 2) That a trash receptacle be placed at the
machine. Motion carried unanimously (7 to 0).
P & Z Minutes
1
12/15/87
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Lots 1, 2, 26, and Portion of
Lots 3 and 25, Blk. J, Boulevard
(1467 Gulf to Bay Boulevard)
Victoria Cackowski/George Greer
CU 87-97
He ights
.
Request - 1. Outdoor Retail Sales
2. Noncommercial Parking
- CG (General Commercial)
RM-12 (Multiple Family Residential
Zoned
"Twelve")
.
Ms. Harvey advised as follows: These requests are for outdoor retail sales in
the General Commercial zoning district and noncommercial parking in the
Multiple Family Residential zoning district; the requests are specifically for
retail sales of automobiles only with no vehicle service on the General
Commercial property and noncommercial parking on the Multiple Family
Residential property; the governing sections of the Land Development Code are
Sections 136.025(b) and (c)(22) for the request for outdoor retail sales and
Sections 136.025(b) and (c)(19) for the request for noncommercial parking; the
Traffic Engineer had no objection; and, the restrictions placed on the
noncommercial' parking are that parking lot be surfaced and landscaped in
accordance with Code, that no large trucks or commercial vehicles be allowed,
that the south property line zoned RM-12 must have opaque fencing or wall,
and, that lighting on lot may be no higher than the fenc ing. Ms. Harvey
advised that the Ci ty Commission recent ly passed an ordi nance amending the
Code that added specific requirements that must be met by applicants for
noncommercia I parking in residentially zoned dis tricts, among wh ich are the
limitation of vehicle size, the lot must have opaque fencing or a wall along
property lines that are immediately adjacent to residentially zoned districts,
and lights may not be higher than fenc ing. Ms. Harvey advised that staff
recommended approval subject to the following conditions: 1) That fencing be
provided along the south property line zoned RM-U or a variance obtained
thereto; 2) That all other requirements of Section 136.025(c)(19) be complied
with; and 3) That the use permit be procured within six months.
I
Hr. George W. Greer, representative~~/of applicant and representative of
contract purchaser, stated all requirements for conditional uses have been
met. He added ingress/egress is adequate, lighting will be limited with fence
requirement, and landscaping req uirements wi 11 be me t. He stated applicant
agrees to all restrictions but would request an extension of the six month
limitation to procure the use permit. After questioning by Mr. Schwob, Mr.
Greer advised that to his knowledge there would be no request for a variance
to the fencing requirement. After questioning by Mr. Hogan, Mr. Greer stated
the fence would be in place when the use permit would be procured.
No persons appeared in support of or in opposition to the above request.
After questioning by
objection to requiring
in six months.
Mr. Schwob, Ms. Harvey stated staff would have no
the use permit be procured within one year rather than
.
HOtiOll was made by Mr. !Jchwob, seconded by Mr. Green, to approve the above
request subject to the following: 1) That fencing be provided along the south
property line zoned RM-12 or a variance obtained thereto; 2) That all other
requirements of Section 136.025(c)(19) be complied with; and 3) That the use
permit be procured within twelve months. Motion carried unanimously (7 to 0).
P & Z Minutes
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12/15/87
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Schwob, seconded by
the conditional use
a citizen wanted to
3.
Lots 1 and 2, Harrington Sub.
(500 North Ft. Harrison)
Michael Podniestrzanski/
Robert or JoAnn Frederici
CU 87-98
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Req ues t
Zoned
Vehicle Service
CG (General Commercial) &
RM-28 (Multiple Family Residential "Twenty-eight")
Ms. Harvey advised as follows: This is a request for vehicle service in the
General Commercial zoning district; the governing sections of the Land
Development Code are Sections 136.025(b) and (c)(27); there was some confusion
with the application in that the legal de6cription included two lots, one of
which is zoned Genera 1 Commerc ial and one of wh ich is zoned Mult iple Fami ly
Residential "Twenty-Eight"); no request for vehicle service in the RM-28
zoning district would be permitted; the only request that could be considered
would be for parking, hut no request has been made for a parking use on Lot 2;
both the Traffic Engineer and the Code Administrator made note of the
conilict; ann the vehicle service would include engine and transmission
dismantling. Ms. Harvey stated the past action of this Board has been to deny
requests when the location was adjacent to residential uses. Ms. Harvey stated
staff recommended denia 1 of the above req ues t for the following reasons:
1) That the noise associated with vehicle service is not compatible with
adjacent residential uses; and 2) That it would be difficult to conceive full
use of the property without the use of Lot 2 which would constitute an
infringement on the residential area.
.
Ms. Harvey advised that two letters of objection were received from area
neighbors.
The applicant was not present and motion was made by Mr.
Mr. Hogan, to continue the above request until the end of
requests scheduled this date. A vote was not taken because
make comments.
Mr. Robert Zogby, President, Harbor Bluffs Waterfront Condominium Association,
stated he represents 92 owners and questioned why the request had to be
continued. Mr. Johnson advised that either the property owner or the
representative must be present for conditional uses. Mr. Zogby stated that
about fifteen people from the condominiums are present to speak in opposition
and felt it was unfair that the people had to wait to speak. He felt the Board
should make its decision now. Mr. Hogan advised that the applicant mus t be
present and the request may need to be continued until January 5, 1988.
Motion was made by Mr. Hogan, seconded by Mr.
reque~t until the Planning and Zoning Meeting
Motion carried unanimously (7 to 0).
Hamilton, to continue the above
scheduled for January 5, 1988.
.
Ms. Harvey advised Mr. Zogby and other neighborhood residents that the above
item will not be advertised a second time and no further hearing notices will
be mailed. She also advised that the meeting scheduled for January 5, 1988
will begin at 1:30 PM, rather than at 2:00 PM.
P & Z Minutes
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12/15/87
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Lot 1, Cypress Point Shopping Center
(2351 u.s. Hwy. 19 North)
Oxford/Concord Investments No. 1/
R. Nathan Hightower
ClJ 87-99
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Request - Outdoor Retail Sales, Displays
and/or Storage
Zoned CC (Commercial Center)
Ms. Harvey advised as follows: This is a request for outdoor storage in the
Commercial Center zoning district at the location of Home Depot in the Cypress
Point Shopping Center; the governing sections of the Land Development Cod.: are
Sections 136.025(b) and (c)(22); the Traffic Engineer noted that there might
be a problem with the ce rtified site plan; the cert i fied site plan provides
for a 3-foot wide continuous landscape buffer along the south and east
property lines but does not provide for access from Main Street; it has been
reported that activity is taking place at the back of the shopping center and
there should be none at this time; and, any plans to break up landscaping
would be objectionable to City staff. Ms. Rarvey stated that, if there is some
assurance that whatever activity on Main Street would i~mediately cease and
the loading and unloading would be contained on site respective of the buffer
behind the shopping c~nter, there would be no problem. She also stated that ,if
that is what is occurring staff could not condone the addition of the storage
area. She advised staff has no clear recommendation in regard to this request,
but if the Board approves the above request it should be approved subject to
the use permit being procured within six months and an amendment to the site
plan be filed.
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After ques tioning by Mr. Hogan, Ms. Harvey stated that there has been no
approval of outdoor storage to her knowledge.
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Mr. Robert N. Hightower, representative of property owner and Home Depot,
stated it would be necessary to submit an amended site plan. He also stated
there is no ingress or egress off Main St reet, bu t there is a service road
from Enterprise Road heading south which is used by the stores from Home Depot
north. He added the service road ends at Ho~e Depot and the proposed storage
would be immediately east about 50 feet. He stated access would be limited to
the service road. Mr. Hightower stated the buffer is currently a line of small
pine trees but applicant intends to add $10,000 to $15,000 of additional
landscaping. He added there will be no ingress/egress off Main Street,
applicant will meet landscaping requirements, and applicant will meet
conditions of approval~ After questioning by Mr. Schwob, Mr. Hightower stated
the storage area will not be covered but will be enclosed. After further
questioning by Mr. Schwob, Mr. Hightower stated items like steel and lumber
are stored but no kinds of toxic materials or fertilizer are stored. After
questioning by Mr. Johnson, Mr. Hightower sta ted the only change that wi 11
take place is that the wooden fence will be moved eastward to allow
ingress/egress to the storage area.
Ms. Harvey advised one letter of objection from property owners to the east
was received.
.,
Mr. Douglas D. Roach, President of Premier Properties, Inc., stated that at
the present time the fence and storage extend into the right-of-way of Main
Street. He stated fertilizer is sometimes stacked 15 feet high. He advised he
has no objection if the storage is expanded but would want to see it properly
P & Z Minutes
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12/15/87
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concealed and storage area and services be separated by a 12 foot high cement
wall. He added he has seen trailers tined up with engines running waiting to
be unloaded. He stated he would like to see buffering of some sort that
buffers the estate sized lots lying eas t of the shopping center and the
service road. After ques tioning by Mr. Schwob, Mr. Roach stated he is not
aware of any deliveries made after hours, a six foot fence would not act as a
proper buffer and landscaping would not buffer high activity. After
questioning by Mr. Schwob, Ms. Harvey stated the Board cannot authorize
fencing that does not meet Code requirements. Mr. Roach suggested the Code be
amended to allow higher fencing at the back of shopping centers.
In rebuttal, Mr. Hightower stated applicant would like to get a variance to
build as high a fence as possible and the storage area would correct some of
the problems Mr. Roach mentioned. He stated he agrees the landscaping is not
sufficient but the proposed landscaping witl be denser a.nd a great
improvement. After questioning by Mr. Schwob, Mr. Hightower stated he would
not object to a condition that storage be no higher than fencing and he added
that a variance would be requested to construct a higher fence. After
ques tioning by Mr. Hogan, Mr. Hightower stated what is stored north of the
loading dock would be gone and put in the proposed storage area and items are
only stored in the area north of the loading dock until forklifts can move the
merchandise.
Ms. Nixon expressed concern about the noise level in an uncovered area.
..
..
After questioning by Mr. Schwab, Ms. Harvey felt the Board should stipulate
that landscaping be required and should be dense enough that one could not see
through the landscaping. She added the site plan was approved to provide
servicing to the shopping center from the rear of the property which is
adjacent to a very low residential zoning district. She stated, though the
noise cannot be gotten rid of, the landscaping would absorb more noise than a
wall or fence would absorb. Ms. Nixon stated applicant is asking for a change
in the site plan that would allow something that is not compatible with the
residential area to the east.
Mr. Schwob stated he would be satisfied if the site plan were amended to have
a buffer zone that would be as effective or d~nse as possible. After
questioning by Board members, M5. Harvey advised that landscaping does not
have a height restriction and the Board can specify minimum height of
landscaping buffer. The Board members discussed possible height of a fence.
Ms. Harvey stated staff would be strongly opposed to a 12 foot high fence and
unless the fence is intended as security a 10 foot fence is about the highest
fence she has seen in Clearwater.
Mr. Hamilton stated he would prefer to see a condition of approval that the
storage not be higher than ~ fence and if applicant is able to, he can get a
variance for a higher fence.
.
Motion was made by Mr. Schwob, seconded by Mr. Hogan, to app=ove the above
request subject to the following: 1) That an amendment to the site plan be
submi tted and approved that inc ludes a minimum 6 foot opaque fence between
loading area and residential area and landscaping be provided at a minimum
start ing heigh t of 8 feet on the east side of said opaque fencing; 2) That
storage be no higher than opaque fencing; and 3) That the use permit be
procured within time frame set by certified site plan. Motion carried (6 to 1)
with Ms. Nixon voting "May."
P & Z Minutes
5
l2/lS/87
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Lot 1, St. Michaels Sub.
(2281 State Road 580)
Diocese of St. Petersburg/
Jo Ann Matthews
CU 87--100
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Request - Child Day Care
Zoned p/SP (Public/Semi-Public)
Ms. Harvey advised as follows: This is a request for a child day care center
in the Public/Semi-Public zoning district; the governing sections of the Land
Development Code are Sections 136.02S(b) and (c)(8); the Traffic Engineer had
no objection; and, the legal description stated on the application also
included property that is zoned RM-28 which is not part of the subject
request. Ms. Harvey stated staff recommended approval of the above request
subject to the use permit being procured within six months.
Ms. Jo Ann Matthews, representative, stated a 13-room educational facility has
been completed. She advised applicant works with Florida Health and
Rehabilitative Services Licensing Board. She advised that requiring the use
permit within six months would not allow enough time and requested an
extension so that the operation may begin to coincide with school year.
Ms. Harvey advised that one letter of support was received.
Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above
request subject to the use permit being procured within nine months. Motion
carried unanimously (7 to 0).
.
6.
M&B 32.01, Sec. 02-29S-lSE
(1898 Highland Avenue North)
Texaco Refining & Marketing, Inc./
Ronald pierce
Cll 87 -10 1
Request - 2-APS (Package Sales of
Alcoholic Beverages)
Zoned CN (Neighborhood Commercial)
Ms. Harvey advised as follows: This is a request for package sales of
alcoholic beverages in the Neighborhood Commercial zoning district; the
specific state license being applied for is a 2-APS license; the governing
sections of the Land Development Code are Sections 136.025(b) and (c)(2); the
Traffic Engineer felt there was a problem with parking; and, the Police
Department saw no reason to deny license to applicant. Ms. Harvey advised
staff recommended approval of the above request subject to: 1) That the use
permit be procured within six months; and, 2) That approval by the City
Commission of a variance to the 500 foot separation distance be obtained.
..
Hr. Ronald A. Pierce, applicant, stated he is requesting the license in order
that his business be profitable. He advised he took over the operation about
13 months ago, and he has spent a lot of time and money in cleaning up the
operation.
.
Mr. Schwob, Mr. Pierce stated his hours of operation are
11 :00 PM, he has had no pr~vious eKperience selling
he has been in business at the above location for 13
After questioning by
from 6:00 AM until
a lcoho lic beverages,
P & Z Minutes
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12/15/87
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Lot 1, St. Michaels Sub.
(2281 State Road 580)
Diocese of St. Petersburg!
Jo Ann Matthews
CU 87-100
.
Request - Child Day Care
Zoned - p/Sp (Public/Semi-Public)
Ms. Harvey advised as follows: This is a request for a child day care center
in the Public/Semi-Public zoning district; the governing sections of the Land
Development Code are Sections 136.025(b) and (c)(8); the Traffic Engineer had
no objection; and, the legal description stated on the application also
inc luded property that is zoned RM.-2B which is not part of the subject
request. Ms. Harvey stated staff recommended approval of the above request
subject to the use permit being procured within SiK months.
Ms. Jo Ann Hatthews, representative, stated a 13-room educational facility has
been completed. She advised applicant works with Florida Health and
Rehabilitative Services Licensing Board. She advised that requiring the use
permit within six months would not allow enough time and requested an
extension so that the operation may begin to coincide with school year.
Ms. Harvey advised that one letter of support was received.
Motion was made by Mr. Schwab, seconded by Mr. Green, to approve the above
request subject to the use permit being procured within nine months. Motion
carried unanimously (7 to 0).
.
6.
M&B 32.01, Sec. 02-29S-15E
(1898 Highland Avenue North)
Texaco Refining & Marketing, Inc.!
Ronald Pierce
CD 87-101
Request 2-APS (Package Sales of
Alcoholic Beverages)
Zoned - eN (Neighborhood Commercial)
Ms. Harvey advised as follows: This is a request for package sales of
alcoholic beverages in the Neighborhood Commercial zoning district; the
specific state license being applied for is a 2-APS license; the governing
sections of the Land Development Code are Sections 136.025(b) and (c)(2); the
Traf fie Engineer fe lt there was a problem wi th parking; and, the Po lice
Department saw no reason to deny license to applicant. Ms. Harvey advised
staff recommended approval of the above request subject to: 1) That the use
permit be procured within six months; and, 2) That approval by the City
Commission of a variance to the 500 foot separation distance be obtained.
Hr. Ronald A. Pierce, applicant, stated he is requesting the license in order
that his business be profitable. He advised he took over the operation about
13 months ago, and he has spent a lot of time and money in cleaning up the
operation.
.
After questioning by
from 6:00 AM until
alcoholic beverages,
Mr. Schwab, Mr. pierce stated his hours of operation are
11 :00 PM, he has had no pr~vious experience selling
he has been in business at the above location for 13
P & Z Minutes
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12/15/87
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months, and he anticipates no problems with the alcoholic beverage sales. He
also advised that he is on the premises from about 5:30 AM until about 6:00 PM
and after those hours he stops at his business at different times to see how
things are going. After further questioning by Board members, Mr. pierce
stated he wants to make available square footage in his showroom profitable
and he does rent the back portion of his property to a vegetable vender.
Mr. Schwob stated, though many cars are parked at the above location awaiting
service, he doesn't anticipate package sales of alcoholic beverages will cause
parking problems.
Mr. Hogan stated he is not in favor of the sale of alcoholic beverages and the
sale of gasoline at the same location.
Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above
request sub ject to the fo llowing: 1) That the use permi t be procured wi thi n
six months; and, 2) That approval by the City Commission of a variance to the
500 foot separation distance be obtained. Motion carried (6 to 1) with Mr.
Hogan voting "fiay.'.
7. Lots 2-A & 2-B, Campus Walk Sub.
(2551 Drew Street, #104)
Robert E. Alpaugh, E. E. Sutton & Others!
Tom Smith/Charles Frank
CU 87-102
Req ues t
Outdoor Retail Sales, Display
and/or Storage
CH (Highway Commercial)
Zoned
Ms. Harvey advised as follows: This request is for outdoor retail sales,
displays and storage in the Highway Commercial zoning district; the specific
reques t is for storage of rental cars at Campus Wa lk Shopping Center; the
gove rning sect ions of the Land Deve lopmen t Code are Sections 136 .025(b) and
(c)(22); and, the Traffic Engineer had no objection. Ms. Harvey advised that
staff objected to the above request. She stated the certified site plan
indicates several access points to the shopping center, parking required for
the shopping center is 314 spaces with 348 provided, and there is currently a
lot of congestion in the area. Ms. Harvey advised staff recommended denial of
this request because as the shopping center may expand there may be need for
additional parking that will not be available.
Hr. Charles J. Frank, representative of applicant, stated that 348 parking
spaces are provided and only 314 aTe required. He felt the parking spaces
proposed to be used for the rental cars should not be a problem. He stated
that the location will be used mainly for administrative offices and there
will be no more than 10 cars at the site at anyone time. After questioning by
Mr. Johnson, Mr. Frank stated there will be no pumping of gasoline and no
service of vehicles on the site. After ques tioning by Mr. Hogan, Mr. Frank
stated no more than 10 cars will be on site at any time and if there are any
more than 10 cars on site there will be a penalty charge of $50.00 per day per
car. He stated the operation works mainly with automobile dealerships who need
cars for customers and not with tourists. After questioning by Ms. Nixon, Mr.
Frank stated the shopping center does not limit spaces to its tenants.
P & Z Minutes
7
12/15/87
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Mr. Thomas Henry SlDith, district manager of Snappy Car Rental, stated the
offices will house the company's insurance department and there usually aren't
many cars on site. He also stated this site was chosen because of it close
proximity to vehie le dealerships. After questioning by Ms. Nixon, Mr. Smith
stated a small vacuu~ cleaner is used to clean vehicles at the rear of the
site.
In support of the above request, Mr. Steve Anderson, advised the application
states the subject location will be used as a storage office but it is
actually an administrative office. He also advised vehicles will not be washed
at the subject location.
Ms. Harvey advised that typically there is amp Ie parking at a new shopping
center but as individual stores are built up or individual tenants want to
expand, the number of available spaces decreases as the number of required
spaces increases.
After ques tioning by
approved, an amended
spaces being assigned
Mr. Hogan, Ms. Harvey advised if the
cerd fied site plan wi 11 be required
to the operation.
above reques t
that shows the
Ms. Nixon felt the Board cannot very well deny such a request when there is
excess parking.
Mr. Frank stated there
of the shopping center
are on site at anyone
is ample parking at the shopping center and as manager
he will personally see to it that no more than 10 cars
time.
.
Ms. Nixon felt there would be no problem with the request.
Mr. Johnson felt the car rental is not compatible and there may be problems
with parking when the shopping center is 100% occupied.
Motion was made by Ms. Nixon, seconded by Mr. Green, to approve the above
request subject to the following: 1) That there be no more than 10 vehicles on
site at one time; 2) That there be no maintenance, vehicle service and/or car
c leaning on site; and, 3) That an amended site plan be submi tted reflecting
new use. Motion carried (5 to 2) with Chairman Johnson and Mr. Schwob voting
"Nay."
8. Lot 19, Portion of Lot 18,
B luff View Sub.
(324 Jeffords Street)
Hunter Blood Center, Inc./
Baxter, Rinard & Winters
CU 87-103
Request
Zoned
Noncommercial Parking
OL (Limited Office)
.
Ms. Harvey advised as follows: This request is for noncommercial parking in
the Limited Office zoning district; the governing sections of the Land
Deve lopment Code are See tions 136 .02S( b) and (c) (19) j the Traffic Engineer
noted he is aware of concerns of adjacent neighborhood; the site plan
indicates the installation of a 6 foot opaque privacy fence with landscaping
to be installed along north property line; and new requirements in Section
136.025(c)(19) were made effective at the request of Harbor Oaks residents.
P & Z Minutes
12/15/87
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Ms. Harvey advised staff recommended approval of the above
1) That the use permit be procured within six months;
requirements in Section 136.025(c)(19) be met.
request subject to
and 2) That all
~
~
After questioning by Ms. Nixon, Ms. Harvey advised that bloodmobiles would not
be authorized to park on this lot. She also stated the bloodmobile issue is
not before the Board at this time but the request is to expand a use as the
result of a land swap between Hunter Blood Center and Morton Plant Hospital.
Atty. James Baxter, attorney for Hunter Blood Center, stated the above request
will be parking for Morton Plant Hospital if approved by the Board. He also
stated if the exchange takes place parking for bloodmobiles will be a
different issue.
Atty. Emil C. KaTquardt, Jr., attorney for Morton Plant Hospital, stated the
subjec t property previous ly was zoned Pro fes sional Of fice and uses inc 1uded
noncommercial parking but when the zoning was changed to Limited Office the
use of noncommercial parking was not included. He added the proposed lot for
Morton Plant Hospital would be for the use of the doctors, would include a 15
foot buffer between the parking strip and the property line, the buffer would
be landscaped, and there will be a 6 foot opaque fence between the properties.
He stated approval of the above request would be contingent upon the exchange
of property between Hunter Blood Center and Morton Plant Hospital. He, also
stated the reason for the exchange of property is that both Hunter Blood
Center and Morton Plant Hospital will have parking closer to their operations.
.
The following res idents of Harbor Oaks appeared in support of the above
request stating that the exchange of property will allow for more
compatibility between the noncommercial parking lot and the adjacent
residential property and will also eliminate the parking of Hunter Blood
Center's bloodmobiles on the property: Hr. Leslie Conklin, 430 Lotus Path,
who also requested that overflow parking from the hospital not be permitted;
Mr. Cedio Saltarelli, 322 Lotus Path; Hr. RichaTd Holtan, 327 Lotus Path;
Ms. Debbie Gerlach, 403 Lotus Path; and, Ms. Kathleen Wood, 332 Lotus Path,
who also requested that overflow parking from the hospital not be permitted.
Mr. Baxter stated there have been many supporting statements made regarding
the request before the Board today. He also stated comments made regarding use
requests not before this Board today should be disreearded.
Mr. Hamilton stated this request is concerning noncommercial parking and is
not a matter of approval or disapproval of bloodmobiles.
After questioning by Mr. Schwob, Mr. Marquard t stated the subject lot wi 11
only be for doctor parking.
.
Ms. Harvey stated there was discussion about hours of operation when the City
Commission considered whether parking in the Limited Office district should be
allowed and it was determined that limited hours of operation for doctor
parking would be difficult. She also stated that limiting who can and cannot
park on the lot or hours of limitation of use would be difficult to enforce
since there is not adequate staff to have someone sit in the parking lot every
night. She advised the City Commission made a conscientious decision by
limiting types of vehicles, requiring buffering, and limiting height of
lighting with the intent that the lots be opened at night.
P & Z Minutes
9
12/15/87
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After questioning by Mr.
buffering, in the form of
the request in accordance
Green,
fenc ing
with the
Ms. Harvey advised that the Code requires
and landscaping, and the Board could approve
site plan provided for its review.
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Mr. Schwob
or staff and
complaints.
stated he would like to
if requirements are
see that the parking
not met people have
lot be for physicians
an avenue for voic ing
Ms. Harvey
conditional
monitor and
advised that,
use requests,
enforce.
as
these
more and more requirements are placed
requi.rements get more and more difficult
on
to
Mo t ion was made
request subject
Land Development
the site plan; and,
carried unanimously
by Mr.
t'o:
Rami lton, seconded by Mr. Green, to approve the above
1) That all requirements of Section 136.025(c)(19) of the
Code be met; 2) That approval is granted in accordance with
3) That the use permit be obtained within 6 months. Motion
(7 to 0).
The meeting adjourned at 4:30 PM and reconvened at 4:37 PM.
9.
Lots 1 through
14 through 22,
Lots 1 through
15 through 22, Blk.
Portion of vacated
lying between Blk.
Magnolia Park Sub.
(606 Jeffords Street)
L.O.W., Inc. & Morton Plant
Hospital Association, Incrl
Emil c. Marquardt
CU 87-104
9, &
Blk.
8, &
35,
38, &
Lotus Path
35 & BIke
38,
.
Request
Zoned
Outdoor Vehicle Storage
IL (Limited Industrial)
Ms. Harvey advised as follows: This request is for outdoor storage of vehicles
in the Limited Industrial zoning district; the governing sections of the Land
Development Code are Sections 136.025(b) and (c)(22); the Traffic Engineer has
no objection if parking lot meets Code requirements; and, the physical size of
the parking lot requires full site plan review. Ms. Harvey advised this is an
appropriate place for such a use and staff recommends approval subject to the
following: 1) Submi ss ion of site plan to Ci ty for forma 1 site plan review;
and, Z) That the use permit be procured within 6 months.
Atty. E1ail C.
hospital has leased
hospital proposes to use
the vehicle storage request
back and forth to the
Karquard~, attorney
the property wi th
th e prope rt y
is because
hospital.
for
an
for
the
Morton
option
employee
hospital
P I ant Ho s pit a 1 ,
to buy. He a Iso
parking and the reason
plans to shuttle
stated
stated
the
the
for
employees
No persons appeared in support of or in opposition to the above request.
.
P & Z Minutes
10
12/15/87
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Motion was made by Ms. Nix.on, seconded by Mr. Hogan, to
request sub jec t to the following: 1) Subtnis sion of site
forma 1 site plan review; and, 2) That the use permit be
months. Motion carried unanimously (7 to 0).
the above
City for
wi thin 6
approve
p Ian to
procured
10. Portion of Lot 9, Blk. 3
Sarah McMullen's Sub.
(1010 Cleveland Street)
Valentinos Koumoulidis/
Nickolas Goulgoutis
CU 87-105
Request 2-APS (Package Sales of
~lcoholic Beverages)
Zoned - UC[E] (Urban Center [Eastern Corridor])
Ms. Harvey advised as follows: This is a request for package sales of
alcoholic beverages in the Urban Center [Eastern Corridor] zoning district;
the spec i fic license be ing app lied for is a 2-APS licens e; the governing
sections of the Land Development Code are Sections 136.02S(b) and (c)(2); the
Traffic Engineer had no comment; the Police Department sa~ no reason to deny
license to applicant; and the above location is within 500 feet of a residence
and staff has been informed this morning that the above property is within 500
feet of a church. Ms. Harvey advised that staff recommended approval of the
above request subject to the follo~ing: 1) That the use permit be procured
within six months; and, 2) That approval by the City Commission of a variance
to the 500 foot separation distance be obtained.
.
Mr. Nickolas K. Goulgoutis, representative of applicant, stated
requesting the sale of beer and wine to go only; applicant
operations for 20 months; and, of the total sales, 85% is food to
applicant
has been
go.
is
in
Mr. Hamilton commented this is a very well run busines s and one of the
operators of the business is always present.
Hr. Brian Lussier, representative of Dr. James Gills who is owner of the 1100
Building, appeared in opposition and stated there is a church in the 1100
Building known as the New Covenant Fellowship, Inc. Mr. Lussier stated the
above property is within 200 feet of the church. He stated Dr. Gi 11s fee Is
ob ligated to the community. He a Iso sta ted HRS has recent ly purchased three
floors in the 1100 Building and Dr. Gills felt the mixed land uses are not
compatib Ie.
In rebuttal, Mr. Goulgoutis stated he was not aware there was a church in the
1100 Building. After questioning by Mr. Hogan, Mr. Goulgoutis stated he does
not anticipate problems with package sales only and the customers will have to
be told sales are package sales only.
.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above
reques t s ubj ect to the following: 1) That the use permi t be procured wi thin
six months; and, 2) That approval by the City Commission of a variance to the
500 foot separation distance be obtained. Ms. Nixon stated that, since the
Board can no longer follow the sufficient distance rule and a church is within
200 feet and the Board was overturned by a hearing officer in a similar
decision, she felt she must vote against the above request. Mr. Green stated
the dec ision of the hearing officer was bas ed on the previous ord inance.
Mr. Galbraith advised that, if the Board's only objection is that the subject
P & Z Minutes
11
12/15/87
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property is within 500 feet of a church, the Board should approve the request
and allow the City Commission to decide the issue on distance. Ms. Nixon
stated the subject location is not in the best area of the City and is within
a short distance of social service agencies and she felt this request is not
in the appropriate location for take out sales. Ms. Harvey noted that after a
physical inspection of the area she found one residence at the edge of the 500
foot radius and there are office buildings and businesses in the area. Motion
carried (6 to 1) with Ms. Nixon voting "Nay."
11. Lot 1, Cypress Point Shopping Center
(2355-B u.s. Hwy. 19 North)
Oxford/Concord Investments No. 1/
Thomas C. Nash
CU 87-106
Request
2-COP (On Premise Consumption
of Alcoholic Beverages)
CC (Commercial Center)
Zoned
Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the Corrunercial Center zoning district; the specific
license being applied for is a 2-COP license; the governing sections of the
Land Development Code are Sections 136.025(b) and (c)(I); the Traffic Engineer
had no objection; and, the Police Department saw no reason to deny license to
app licant. Ms. Harvey advised that s taf f recommended approval of the above
reques t subject to the following: 1) That the use permit be procured within
six months; and, 2) That approval by the City Commission of a variance to the
500 foot separation distance be obtained.
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Hr. Thomas Nash, representative of applicant, stated the license is requested
in order for applicant to sell alcoholic beverages in conjunction with a
restaurant. After questioning by Mr. Hogan, Mr. Nash stated the request is for
on premise consumption only. After questioning by Mr. Schwob, Mr. Nash stated
applicant intends a sma 11, fami ly-type res taurant. After ques t ioning by Ms.
Nixon, Mr. Nash stated there will not be a separate bar in the establishment.
No persons appeared in support of or in opposition to the above request.
Mo don was made by
request subject to
six months; and, 2)
500 foot separation
Mr. Green, seconded by Mr. Hogan, to approve the above
the fo I lowing : 1) That the use permit be procured within
That approval by the City Commission of a variance to the
distance be obtained. Motion carried unanimously (7 to 0).
12. Lot 2, Blk. 1, R. H. Woodley's Sub.
(831 Hercules Avenue)
United Schools, Inc.
CU 87-107
Request
Zoned
Temporary Building
OL (Limited Office)
.
Ms. Harvey advised as follows: This
Limited Office zoning district; the
Code are Sections 136.017(d) and
comment; the property is in the
additional buildings to accommodate
for a temporary building is for use
request is for a temporary building in the
governing sections of the Land Development
136.025(b); the Traffic Engineer had no
process of being further developed with
the educational facility; and the requ~st
for the time a permanent facility is being
P & Z Minutes
12
12/15/87
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constructed. Ms. Harvey advised that staff recormended approval of the above
request subject to the approval being granted for a period of one year.
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Mr. Mark Perkins, President of United Schools. stated the temporary building
is reques ted to allow time to construct a new bui lding cons is tent wi th the
original plans. He added that he anticipates completion of building to be in
apprmtimately 6 months. After questioning by Mr. Schwob, Mr. Perkins stated
the school is used for training in the travel industry such as travel agents,
ticket reservationists, etc. After questioning by Mr. Hogan, I1r. Perkins
stated United Schools is nationwide and is incorporated Ln Florida.
Ms. Harvey advised that one letter of objection was received.
In opposition, Ms. Mary Lue Anderson, read a letter from Dr.
Y. Woodley who felt the zoning is limited to offices, the
buildings is not defined, and the temporary buildings will
values (see attached letter).
R. H.
use of
lessen
and Marie
temporary
property
In rebuttal, Mr. Perkins advised the temporary buildings will be used only
unt i 1 a new building can be construe ted. He advised the temporary buildings
are needed because the business has increased. After questioning by Mr.
Schwab, Mr. Perkins advised the temporary buildings are reconditioned
buildings and are about the size of a classroom. After questioning by Ms.
Anderson, Mr. Perkins stated the temporary buildings will be in an area away
from the permanent facility. Mr. Perkins stated the buildings will be made as
attractive as possible.
.
Mo t ion
request
carried
was made Mr. Sc hwob, seconded by Mr. Hogan, to approve the above
subject to the approval being granted for a period of one year. Motion
unanimously (7 to 0).
C. Annexation and Zoning:
1. M&B 22.05, Sec. 04-29S-15E
(Located on the west side of
McMullen Booth Road, north of
Main Street [S.R. 588])
(McMullen)
A 87-41
R~quest
Annexation and Zoning, RS-4
(Single Family Residential "Four")
The above property is located on the west side of McMullen Booth Road, north
of Main Street (S.R. 588).
The applicant was not present.
.
Mr. Pruitt advised as follows: 'This is a reques t for annexat ion and RS-4
(Single Family Residential "Four" ?;oning; the property is the subject of an
Agreement to AnneK and the property is now contiguous to City limits; there is
an existing single family residence on the property; City water is available;
the surrounding uses are single family residential to the east, church
property to the north and west, and RS-4 to the south; and, the ?;oning is in
conformance with the RS-4 zoning to the south. Mr. Pruitt advised staff
recommended approval of the annexation and RS-4 (Single Family Residential
"Foul''') zoning.
P & Z Minutes
13
12/15/87
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Mo tion was made
Ci ty Commis sion
"Four") zoning.
Ferrell,
RS-4 (Single
to 0).
se conded by Mr.
annexation and
unanimously (7
to recommend to the
Family Residential
by Mr. Hogan,
to approve the
Motion carried
2. Part Lot 4, Blk. 3,
Oak Acres Addition, Unit 1
(Located on the east side of
Woodcrest Avenue, south of
Jeffords Street)
( Jones)
A 87-42
Request - Annexation and Zoning, RS-6
(Single Family Residential "Six")
The above property is located on the east side of Woodcrest Avenue,
Jeffords Street.
south of
The applicant was not present.
Mr.
for annexa t ion and RS-6
an existing single family
available; and, the surrounding uses
single family residences to the west, north and
staff recommended approval of the annexation and RS-
"Four") zoning.
Pruitt advised as follows: This is
(Sing Ie Fami ly Res ident ial "Six") zoning;
residence on the property; City water is
are a church to the east and
south. Mr. Pruitt advised
4 (Single Family Residential
a request
there is
.
Motion was
Commission to
"Six") zoning.
to recommend
(Single Fami ly
Hogan, seconded by Mr. Green,
annexation and RS-4
unanimously (7 to 0)
to the City
Residential
made by Mr.
approve the
Mo tion carried
D. Zoming Atlas amd Land Use Plan:
1. PARCEL 1
M&B 33.02 and portion of M&B 33.01,
Sec. 17-29S-16E
PARCEL 2
M&B 33.06, Section 17-29S-16E
(Located east of U.s. 19 and south
Seville Boulevard)
(Clearwater Seville Ltd./City)
LUP 87-29 Z 87-20
(COlfTIRUED P'Il.OM HEETING OP
lfOVKHBEI 17, 1987)
Zoning Atlas
PARCEL 1
FROII: OL
Cll
TO:
(Limited
(Highway
Office)
Commercia 1)
.
PARCEL 2
FROII: RM-12
ro: RM-28
"Twelve")
"Twenty-Eight")
(Multi.ple
(Multi.ple
Family
Family
Residential
Residential
P & Z Minutes
12/15/87
14
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Land Use Plan
PARCEL 1
FROM: Residential/Office
70: Commercial Tourist Facility
PA.RCEL 2
FROM: Medium Density Residential
70: High Density Residential
The above property is located east of U. S. Hwy. 19 and south of Seville
Boulevard.
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Ms. Harvey advised as follows: This is a City-initiated item that was
continued from December 15, at which time a detai led explanation of the
proposed changes were given regarding property commonly known as Seville; the
request is for a zoning atlas amendment from OL (Limited Office) to CH
(Highway Commerc ial) for PARCEL 1 and a zoning at las amendment from RM-12
(Multiple Family Residential "Twelve") to RM-28 (Multiple Family Residential
"Twenty-Eight") for PARCEL 2 as well as a Land Use Plan amendment from
Residential Office to Commercial/Tourist Facilities for PARCEL 1 and a Land
Use Plan amendment from Medium Density Residential to High Density Residential
for PARCEL 2; this request has resulted because the City has been involved in
litigation for some time which was precipitated around the time of areawide
rezonings when PARCEL 1 was designated as an office zoning and PARCEL 2 was
changed from what had been RM-28 to RM-12; and, the current property owner
contends that he has vested rights in the zoning that was placed on the
property at the time it was ini tia 11y anneKed into the City which was "B"
Business on PARCEL 1 and RM-54 on PARCEL 2. She advised that the City
Commission directed the City Attorney and Planning Director to try to settle
the litigation if possible and the property owner agreed to drop other claims
in the litigation if the rezonings were approved.
She further stated that, as a matter of law, the City must follow
processing procedure for rezoning PARCEL 1 and PARCEL 2. Ms. Harvey felt
request is an acceptable alter.native to proceeding to trial and
possibility of an even higher density being placed on the parcels.
the
this
the
After questioning by Ms. Nixon, Ms.
the same owne rship as the property
U. s. Hwy. 1 9 .
Harvey stated that PARCEL 1 is not under
immediately to the wes t and fronting on
In opposition to the above request, the following persons appeared to give
their COl11lllents:
:Ms. lIary Lou Dobbs, 2612 Pearce Drive, Apt. 107, submi tted a letter in
opposition (see attached). She stated she does not object to a higher density
on PAaCE~ 2 if the building height can be limited. She also expressed concern
regarding traffic
Attorney Robert KcDe~Bt~, representative of Seville Condominium Associations,
Building No.1, 2, 3, 4, 8 and 11, stated the associations represent several
hundred peop Ie and the Boards of oi rectors of the assoc iat ions have gone on
records as being opposed to the above request. Mr. McDermott explained prior
history of the property and agreements between the original property owner and
the City of Clearwater. He also advised a request was made by the owner to the
County reques ting property under an Annexat ion Agreement with the Ci ty be
rezoned to accommodate a 720 bed ACLF. He stated he had nothing against the
P & Z Minutes
15
12/15/87
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recommendation made by the City Attorney and Planning Director but he felt the
property owner does not want to go to trial. Mr. McDermott also stated that if
the property owner did win the 1awsui t and PARCEL 2 was zoned RM-54 the
property would not be profitable. He felt that PARCEL 1 should not be changed
to Highway Commercial since it acts as a buffer between commercial and
residential uses. Mr. McDermott stated the contract was entered into with
Blackburn Brothers; and Seville, Ltd., who is Plaintiff in the litigation did
not exist at that time. He also stated the agreement made with Blackburn
Brothers is not assignable. Mr. McDermott stated he filed, on behalf of the
Condominium Associations he represents, a Motion to Intervene in the lawsuit
between the City and Seville but he has received no word from the Judge at the
present time if the Motion will be accepted. Mr. McDermott stated if the
Motion to Intervene is accepted, Seville Condominiums will be an ally of the
City and the litigation should be won. After questioning by Ms. Nixon, Mr.
McDermott stated the 24 acres he previously referred to were part of the
original Agreement to Annex. After questioning by Mr. Schwob, Mr. McDermott
stated he represents the res idents of Condominium As sociat ions for Bui Iding
Nos. 1, 2, 3, 4, 8, and 11, which is approximately 50% of the residents of
Seville Condominiums.
Ms. Harvey clarified the 24 acres that has been referred to previously was
before this Board in the past for annexation and after this Board agreed with
Staff recommendation to lower the zoning, the application was withdrawn before
it went before the City Commission.
Ms. Belen Diller, 2623 Seville Boulevard, Apt. 310, (Building 11), submitted
and read a letter of objection (see attached).
.
Mr. William Peery, 2612 Pearce Drive, (Building 18), stated he
primarily with security. He felt the proposed rezoning of PARCEL
Commercial will be an encroachment of traffic and commercial
Seville.
is concerned
1 to Highway
prob lems in
Mr. Robert E. Coleman, 1012 Pearce Drive, (Building 14), felt this request is
preposterous and questioned why the City Commission would give the City
Attorney and Planning Director the right to make a deal with Mr. Albrecht. He
stated that even though there is litigation the City has no right to make a
deal with Mr. Albrecht and he felt the City could win the litigation if it was
pursued. He stated he wants to see the zoning stay the same on the property.
He felt that Seville is an apartment community and should not include an ACLF.
After ques tioning by Mr. Green, Ms. Harvey c larif ied that the reques t is to
rezone the subject properties and approval of an ACLF is not part of the
agreement. After questioning by Mr. Ferrell, Ms. Harvey stated that, if an
ACLF would be requested, the applicant would be required to go before this
Board for approval whether the zoning is RM-12 or RM-28. After questioning by
Ms. Nixon, Ms. Harvey advised an ACLF is figured on the basis ~f 2 beds equals
one unit and the difference between RM-l2 and RM-28 would be a little more
than double. She advised this same rule would apply at any location in the
City and the recent ordinance regarding density of ACLfs was not prompted
because of an agreement with the above property owner but was prompted because
of the proposed Regency Oaks Retirement Center.
.
Hr. Frank Slavic, 2623 Seville Boulevard, (Building f1), stated his property
abuts PARCEL 1 and he is against the rezoning because a Highway Commercial
zoning would a llow any type of bus iness. He added if Sevi lie Boulevard is
rezoned, the commercial zoning will mean higher taxes.
P & Z Minutes
16
12/15/87
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Ms. Harvey stated there are a few points of clarification that need to made
and they are:
1. On the issue of the zoning of Seville Boulevard, she advised that the
zoning whether it be commercia.l or oE fic e would not aE fec t the private
road because since the beginning there have been easements to provide
access to Clearwater Mall, to the public and residents of Seville.
2. She advised she does not make deals with people and the above request is
before this Board because the City Commission instructed the City
A.ttorney and the Planning Director to bring this request before this
Board. She advised she does not have the authority to make-deals and that
the City Commission authorized the City Attorney and the Planning
Director to bring the proposed rezoning before this Board.
3. She stated that, regarding the possible construction of a gate on Pearce
Drive, zoning would not preclude construction of a gate and the
construction of a gate could take place if there is an agreement with the
property owners and if the cons truction can be accommodated through
easements.
4. She advised that the Limited Office zoning on PARCEL 1 was initiated to
act as a buffer not only Eor Clearwater Mall but also U.S. Hwy. 19. She
stated that First Federal of Largo won a suit against the City and got
the commercial zoning back on its property. She felt the City would have
a much stronger case against Seville if the City had won the suit with
First Federal of Largo.
.
5.
She advised the City has maintained if someone is developing property not
in the Ci ty that the property, if anneKed into the Ci ty, be zoned
compatible with what is on the county plan which is what this Board did
when it recommended RM-12 zoning on the back property. She advised the
back property has not change and that property has not been discussed in
the course of the settlement. She also advised no application has been
filed on the back property at the present time. She stated the back
property is not in the City of Clearwater and is not being negotiated as
it is not in the City's jurisdiction.
After questioning by Mr. Schwob, Ms. Harvey stated that Sevi lle Boulevard,
which is part of PARCEL 1, has been Sevi lIe Boulevard when it was zoned
commercial 4 1/2 years ago and when it was rezoned to Limited Office. She
added that the City is party to the easements over Seville Boulevard and, in
terms of potential use, only the portion that is not Seville Boulevard would
be affected by the rezoning. After further quest ioning by Mr. Schwob, Ms.
Harvey advised that, under direction of City Commission, staff has made a
conscious effort to down zone as much vacant residential property as possible.
She added the RM-12 zoning was immediate 1y adjacent to the mobile home park
which has a permitted density of 10 units per acre and when the property was
rezoned to RM-12 the property owner objected.
.
After questioning
to Intervene but
rights but should
by Mr. Schwab, Mr. Galbraith stated he has
this Board should not consider cont rac t
consider the subject rezonings.
not seen a Motion
rights or lega 1
P & Z Minutes
17
12/15/87
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~s. Nixon eKpressed concern regarding the amount of traffic that is currently
a.t the Seville Boulevard intersection and the addit lonal amount 0 f t raf fic
that would be generated as a result of a higher density zoning.
Mr. Green stated that rezoning PARCEL 2 to RM-28 does not necessarily
guarantee that this Board would approve an ACLF at the location but only
guarantees the same type density as what is allowed in Seville itself. He did
eKpress concern regarding the rezoning of PARCEL 1 to Highway Commercial.
Mr. Hogan stated he was more concerned about rezoning PARCEL 2 to RM-28 since
the RM-12 zoning was placed to act as a buffer. He stated RM-28 zoning would
allow buildings that are 8 stories high. He added if a request was before this
~oard for an ACLF and turned down, the applicant could appeal and then this
Board would have no control over what is done. He felt rezoning PAaCEL 1 to
Highway Commercial would not have a big impact on the area other than traffic.
Mr. Hamilton felt the main objection to the RM-28 zoning is the possibility of
an ACLF not the higher density zoning.
Mr. Ferrell felt the RM-28 zoning is not objectionable and stated there has
been no objection from the adjacent mobile home park. He also felt the zoning
would be compatible with current zoning of Seville. He also felt the Highway
Commercial zoning would be compatible with adjacent zoning.
.
Motion was made by Mr. Schwob, seconded by Ms. Nixon, to recommend denial of
the request for a zoning atlas amendment from OL (Limited Office) to eH
(Highway Commercial) and a Land Use Plan amendment from Residential Office to
Commercial/Tourist Facilities for PARCEL 1. Motion carried (6 to 1) with
Mr. Ferrell voting "May."
Motion was made by Mr. Green, seconded by Mr. Ferrell, to recommend approval
of the reques t for a zoning at las amendment from RM-12 (Multip le Fami ly
Res idential "Twe lve") to RM-28 (Multiple Fami ly Res ident ial IITwenty-Eightll)
and a Land Use Plan amendment from Medium Density Residential to High Density
Residential for PARCEL 2. Upon roll call, the motion failed (3 to 4) with
Messrs. Ferrell, Green, and Johnson voting "Aye" and Ms. Nixon and Messrs.
Hamilton, Hogan, and Schwob voting "Nay."
Motion was made by Mr. Schwob, seconded by Mr. Hogan, to recommend denial of
the request for a zoning atlas amendment from RM-12 (Multiple Family
Residential "Twelve") to RM-28 (Multiple Family Res idential "Twenty-Eight")
and a Land Use Plan amendment from Medium Density Residential to High Density
Residential for PARCEL 2. Upon roll call, the motion passed (4 to 3) with Ms.
NiKon and Messrs. Hamilton, Hogan, and Schwob voting "Aye" and Messrs.
Ferrell, Green, and Johnson voting "Nay."
Ms. Harvey left the meeting at 6:25 PM.
.
P & Z Minutes
18
12/15/87
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E. Annexation, Zoning, and Land Use Plan Amendment:
1.
Lots 1 & 2, Haas Sub. and a
Portion of Lot 3, Blackburn Sub.
(Located at the southwest corner of the
Intersection of Haas Avenue & U.S. Hwy. 19)
(Ridge Haven Assoc., Ltd.)
A 87-37 LUP 87-25
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Request - Annexation and Zoning, CH
(Highway Commercial)
Land Use Plan:
FROM: Medium Density Residential
TO: Commercial/Tourist Facilities
The above property is located at the southwest corner of the Intersection of
Haas Avenue & U.S. Hwy. 19.
Mr. Ferrell left the meeting at 6:30 PM.
.
Mr. Pruitt advised as follows: This is a request for annexation, CH (Highway
Commercial) zoning, and a Land Use Plan amendment from Medium Density
Residential to Commercial/Tourist Facilities; the property is a portion of
what is present ly developed as Ridge Haven Trailer Park; the reques t is made
to permit a lease arrangement for deve lopment of a res taurant that will
require the removal of a single family residence and the relocation of four
mobile homes; in order to provide City water and sewer, extension of existing
lines would be required; natural gas is not avai lable; the surrounding uses
are mobile homes to the south, west, and east, and a vacant lot, auto repair
and heavy equipment storage to the north; the County Land Use Plan designation
is Residential/Office/Retail; and the City designation is Medium Density
Resident ial. Mr. Pruit t stated staff has 3 concerns, those being: 1) the
effect of the commercial use on the mobile home park; 2) th~ cumulative impact
of several small commercial sites on a major arterial like U.S. Hwy. 19; and
3) all contiguous property is not included in the annexation and though no
longer a requirement it is still a policy. Mr. Pruitt advised that staff does
not cons ider the above reques t to be in the bes t interest of the City and
recommends denial of the application.
Mr. Galbraith left the meeting at 6:40 PM.
Mr. Steve Seibert, representative of applicant, stated the use applicant seeks
would be permitted in the County and applicant plans to construct a drive
through restaurant. He stated applicant is seeking annexation to receive City
services. He a Iso stated that the mobile home park is not being annexed
because the costs to tie into City sewer would be prohibitive and the density
would be nonconforming. Mr. Seibert advised that the people in the mobile home
park are apparently in support of the use. He advised applicant is looking at
a use on U.S. Hwy. 19 that is consistent with other land uses on U.S. Hwy. 19.
He also advised the applicant has no plans to change the mobile home park at
the present time.
.
Mr. Seibert displayed a site plan to show ingress/egress and proposed layout
of restaurant. After questioning by Board members, Mr. Gregg Gebhardt,
applicant, stated that a few mobile homes will be relocated within the mobile
home park but no one will be displaced.
P & Z Minutes
19
12/15/87
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Mr. Pruit t
though the
consistent
prope r ty is
commercially
that it is not
the County Land
Plan. He further
19 does not mean
plan and,
use is not
because a
should be
review a
Use Plan,
pointed out to the Board
use may be consistent with
with the Ci ty Land Us e
located on U.s. Hwy.
zoned.
The Board
concern that
the traf fic is very
exiting U.s. Hwy.
eltpressed
Members felt
entering and
heavy in the area and
19 would be dangerous.
Mr. Seibert felt it
Plan and felt it is
generates traffic.
the location meet the County Land Use
added that medium density residential
a
is important that
reasonable use. He
Motion was made by
the above request.
denial
Mr. Green, seconded by Mr.
Motion carried unanimously
Schwob,
(6 to 0).
to
recommend
2. M&B 22.04, Sec. 04-29S-16E
(Located on the west side of
McMullen Booth Road, north of
Main Street [S.R. 588])
(Northeast Church of Christ)
A 87-39 LUP 87-26
Request - Annexation and Zoning, P/SP
(Public/Semi-Public)
Land Use Plan:
FROH: Low Density Residential
TO: (Public/Semi-Public)
The above property is located on the west side of McMullen Booth Road, north
of Main Street (S.R. 588).
Mr. Pruitt advised as follows: This request is for annexation, p/SP
(Public/Semi-Public) zoning, and a Land Use Plan amendment from Low Density
Residential to Public/Semi-Public; the request is the subject of a prior
Agreement to Annex; the property is now contiguous to City limits and is able
to be annexed at this time; and, City water is available. Mr. Pruitt advised
that staff recommended approval of the annexation, p/SP (Public/Semi-Public)
zoning, and a Land Use Plan amendment from Low Density Residential to
Public/Semi-Public.
Motion was made by Mr. Schwob, seconded by Mr. Green, to
the annexation, p/Sp (Public/Semi-Public) zoning, and a
amendment from Low Density Residential to Public/Semi-Public.
unanimously (6 to 0).
approval of
Use Plan
carried
recommend
Land
Motion
P & Z Minutes
20
12/15/87
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3.
M&B 42.01, Sec. l7-28S-16E
(Located on the south side of Curlew
Road, west of Countryside Boulevard)
(Diocese of St. Petersburg)
A 87-43 LUP 87-26
.
Request
Annexation and Zoning, p!SP
(Public/Semi-Public)
Land Use Plan:
FROM: Low Density Residential
TO: (Public/Semi-Public)
The above property is located on the south side of Curlew Road, west of
Countryside Boulevard.
Mr. Pruitt advised as follows: This request ~s for annexation, p/SP
(Public/Semi-Public) zoning, and a Land Use Plan amendment from Low Density
Residential to Public/Semi-Public; the property is currently vacant and a
church is proposed for the property; City water, sewer and natural gas are
available; the surrounding uses are condominiums and townhouses to the north,
south, and east, and a Florida Power Corp. easement to the west; the City and
County Land Use Plans are both Low Density Residential for the property; and,
a church would not be considered detrimental to the adjacent properties. Mr.
Pruitt advised that staff recommended approval of the annexation, p/SP
(Public/Semi-Public) zoning, and a Land Use Plan amendment from Low Density
Residential to Public/Semi-Public.
.
Atty. Emil
appropriate.
need for a
preserved.
c. Marquardt, representative
He stated access will be from
Catholic Church in the area.
of applicant, felt the use is
Curlew Road. He stated there is a
He added that the trees wi 11 be
Motion was made .by Mr. Hamilton, seconded by Mr. Hogan, to recommend approval
of the annexation, p/SP (Public/Semi-Public) zoning, and a Land Use Plan
~amendment from Low Density Residential to Public/Semi-Public. Motion carried
unanimously (6 to 0).
F. Chairman's Items
Mr. Johnson advised that at the meeting scheduled for January 5, 1988 the
Board should elect a Chairman and Vice Chairman for a one year term.
Motion was made by Mr. Schwob, seconded by Mr. Green,
Johnson as Chairman and Edwin G. Rogan as Vice Chairman,
one year. Motion carried unanimously (6 to 0).
to nominate John B.
both for a period of
H. Board and Staff Comments
Mr. Schwob sugges ted that, when the Rules and Regu lat ions are reviewed for
revision, the Pledge of Allegiance be substituted for the lnvocation or added
before the Invocation.
.
Ms. Nixon suggested that, when the Ru les and Regula tions are reviewed for
revision, the applicants or representatives be asked to present themselves
before Ms. Harvey gives background and staff recommendation on items heard
before the Board.
12/15/87
P & Z Minutes
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Deoember 15,
1987
statement to P & Z Board.
@W
2612 Pearce Drive, Apt. 107, C1earwater 34624.
Mary Lou Dobbs
I am
t:or
ind:l.vidua1,
representative
and not
speaking today
any group.
an
as
as
a
the exhorbitant costs
to oourt. I am also
exist i~ the zoning changes
opposed to the request
I am aware
simi1ar
wouJ.d
theref"ore,
inourred by the city in takiag
aware or the prob1ems that
are granted as requested. I am,
un1ess restr:f.ations:.a:J1~o~sib1e.
o~
cases
parcel #2. I have no
there can be a ~~~ on the
this paroe1 is a nobi1e home deve10pment
the north c\.re' thrae-s'hory Seville oondominium bu:l1dings.
high r:f.se perI:li t"ted in P.ll 28 zoning woul.d IllO't; be
tl~t, :l~ an Lnorease ~ dens~ty is granted, the bu~1d~g
be 1im:lted to j~ ~t. or a height more oappa~~b~~.
in
south
First, regarding
dens~ty IF
o~
on
80 :f't.
I Ur(;8
he:lght
objection to an inorease
bui1ding height, On the
wi:th a 10w height limit;
The
compa't:i.bl.e.
Seoond,
one exit:
residents have
used by trafrio
from bus~nese on 'the south. The
traff~c to b100k t:he
exit on to the highway.
traffio.' Sev~lle
ex~t is also
only
:from
..,"
',~f.~.
''',;IJl
and my major ooncern, is'
on 'to Highway 19. Tha t
C1earwater Ma1l on the north and
~low pattern a1loY8 Mall and business
X have waited as long as 15 minutes to
O'ther traffio flow problems result in wrong-way traf:f'io and the im-
possibility or my 1egal1y be~ng ab1e to reenter Sev~lle proper~y
~rom the mall. (We all Just take our chanoes. There have ~een acoi-
dents.)
tra:f'fic
ex~t.
exist 11111
As :1.t now exists
cars to back out
The severe tra~fic probl.ems whioh a1feady
v~th additional commerc~al development.
for the building on parcel # 1 requires
lJou1evard traf~ic.'
become worse
the
~nto
parking
the
Please
making
serious consideration
about this.
traf:r~c
problems
before
to
the
give
a decision
This board has made
environment.
that keep> you
decisions in re1ation to people
been overturned, Please don't
and
let
some courageous
Sometimes you have
from trying again.
~
opportunity ~ speak. today.
Thank you
the
for
.
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.. December 1,5, 1987
. ~ I talked to Mr. walli8lcleABlbl8CkbhUtl'ni abtrO~inf\r~,
Alice Marshall, former~Secretary and six weeks ago as to what B rec s ~ g
~sslstullt to Dill Albrecht, said that Albreoht to pull off as to resurecting the old 1969 ~on1n~s.
often stated that old people and a nursing home 1'Vtr. Blackburn was astounded..' He said,,,"Why. those
vlere going to make him arnilllonaire. old zonings became obsolete years ago.
No doubt Bill Albrecht's 1'ortunes would _..M .+",,) I ask you: Is the city of Glear\vater ,belng
multiply if 1.10 were allowed to put a nursing hO'1le ~. fJIv blacknalled? Are our officials so naive
in hhe mtd:3t of Qur lovely- residential cO,R'llunity. ,as to.rall ror Mr. Albrecht's proposalY Have not
aut the fortunes of 374 SevilLe'unlt ovmers would past experiences wlth Mr. Albreoht enlightened city
also be a.f't'eoted -- gross!J' af'focted ..- because our'; officials?
p~operty valu~s w~uld plwyt and we would be left !
holding the bag due to gross commercialism'right 'on \
top. of us. I
.
Two years a~o the m9ssrs. Walter and I
WillialB Blackburn, foundel'"s of' Seville, came back
to Seville to wOI'k out a plan wi th I.ir, Albrecht
whereby the BlaeJcburns would cona truc t t'ine re siden- \'
tial I.lpartinent buildings 0 n the beautl1'l:ll land 1n
Seville. The plans were drawn. But when they a~pli .
applied for zoning they \'Iere brned down by the cit:r ,
beCI.1USO of the number or unl ts they needed to make :.
the venture oro.f'i table. . i
. I
It
land should be
will give 1n a
1n a little --
be grunted and
Sevillo can bO
makes sense that this residential
re31dentlally developed if the oity
little ani 11' the developer will give 'oj
eaoh Qoncodlng -- so that zoning Qan
t-},r& besldentlal 00 ntlnui ty 01'
forifard.
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postscript:
.
(:tearwattJr neeus 1'i M residential com-
mni ties like Se ville . The 28 unde ve loped ael'es
oan be a tremendvus as~et to our city lf allowed
to go f'orward with x'aside ntial developrmnt as was
ori~iDlll1 intended.
We read constantly ab~ut orriclals
allowing and oven 00 moning the rape
01' Florida.
When I l~rew IIp here Plnellns -
County was a plnce or beauty. Real
beauty. Look at it now. It is be-
coming :nonstrously ugly because our
officials have allowed it to ha9pen.
Cit:r and county officials ~st
I'Junt say NOI" Sparkling Clearwater
is a thing of the paat. Gore forever.
llelen Diller
There is a moral issue here and you
are the on09 who can keep the horrors of concrete
n;dxers, hur.;ez trucks carrying nurs1mg hom- supplies.!
far too much traffic for our pretty streets, the \
demise of wild life in Seville -- you are in control-'
What you decide row 1s forever ani it is VBRY
Ilt1PORTAN '01' the pro[)orty oVlners and our ci ty.
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December 15,
1987
TO: Planning and Zoning Board
FROM: Vice-Chairman, Edwin G.
City
Hogan
of Clearwater
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With the express purpose to, in some
of alcoholic beverages
and as a deterrent to the
way, reduce the consumption
while driving or riding in a motor vehicle
sale of alcoholic beverages to m~nors
I would like to submit for your appro~al' and referral to t~e~C~ty
Commission the following as a proposed ordinance:
The sale
shall be prohibited at any business
of' gasoline and/or other motor
or distribution,
in any way, of chilled alcoholic
engaged in the sale or
fuel s .
beverages
dispensing
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Vice Chairman
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CLEARWATER PROFESSIONAL CENTER
701 N. HERCULES AVE.
CLEARWATER, FL 33575
(813) 443-5711
W $'}-I07
r-e.a )d tAt
hrtj ,
R.H. WOODLEY. D.C., DIRECTOR
CERTIFIED ORTHOPEDIST
L. E. URBAN, D.O.
PETER J. DORAN, D.C.
A. W. LUCAS, D.C.
D. KARLAN. L.M.T.
December 14,
1987
..
Planning and Zoning Board
City Commission Meeting Room
Third Floor, City Hall
112 South Osceola Ave.
Clearwater, FI 34616
RE: Meeting - Tuesday December 15, 1987
To whom it may concern:
This letter is submitted as a protest to item 11- "temporary placement of
two portable type buildings" at 831 Hercules Avenue.N. in R. H. Woodley's
subdivision.
Present tenants in the permament structures in this subdivision include
professionals phYSicians, attorneys and accountants.
The objection is rendered for the following reasons:
1. The original zoning - "limited to offices" provided office space.for
professionals as listed above. (No objection was made to the Planning
Board when United Schools Inc. originally requested space in the current
structure).
2. Portable buildings "and temporary" are not defined - this could mean
trailers which frequently become permanent due to the necessary processes
required to have them removed.
3. Temporary portable buildings will greatly lessen property value of
the three architecturally designed professional offices already
constructed in this subdivision.
These objections are sincerely submitted and we feel the words "portable
buildings" and "temporary.' mus t be clearly defined. \ole believe that
"temporary" should be defined 8S 6 months or the period of time for a
permanent structure to be erected.
We regret that due to previous commitments we are unable to submit these
objections in person.
Respectfu~bmltted,
~1:-~.rt/ ; ~S-
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Dr. R. H. Woodley
Marie Y. Woodley
A Specially Equipped Clinic Specializing In:
Back, Neck & Nerve Injuries · Auto & Job Related Injuries . V1deo-Fluroscoplc Spinal Motion Studies
Complete X'rav, Physlotherapv, and Neuromuscular Therapy
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AGENDA
PLANNING & ZONING BOARD
DECEMBER 15, 1987 1:30 PM
I'TEK
ACTION
1-
2.
Approval
Approval
of minutes
of minutes
of November
of November
3, 1987
17, 1987
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined
below:
.
1.
The Chairman reads from the Public Hearing Notice each item as it
is presented.
The Planning Director advises the Board of any pertinent background
information.
The applicant or his
Persons who support the
The Planning Director presents any
Persons who oppose the application
The Planning Director presents any
Persons supporting the application
rebuttal.
Persons opposing may speak
The applicant has
The Board makes a
2.
3.
4.
5.
6.
7.
8.
representative presents his case.
application speak.
supporting written documents.
speak.
opposing written documents.
(other than applicant) may speak
9.
10.
11.
in rebuttal.
an opportunity for final
decision.
rebuttal.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
(B)
Conditional Uses
1 ~ (llKQUEST FOB. EXTENSION)
Lots 11 and 12, F. E. Hanosek Sub.
(1297 South Missouri Avenue)
Sears, Roebuck & Co./Doug1as S. DeArmond
and David D. Perkins
CU 87-56
.
P & Z Agenda
Request
Zoned
Aluminum Recycling Machine
CC (Commercial Center)
1
12/15/87
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2.
Lots 1, 2, 26, and
Lots 3 and 25, Blk.
Boulevard Heights
(1467 Gulf to Bay Boulevard)
Victoria Cackowski/George Greer
CU 87-97
Portion
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of
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Request
1. Outdoor Retail Sales
2. Noncommercial Parking
CG (General Commercial)
RM-l2 (Multiple Family Residential "Twelve")
Zoned
3. Lots 1 and 2, Harrington Sub.
(500 North Ft. Harrison)
Michael Podniestrzanski/
Robert or JoAnn Frederici
CU 87-98
Request
Zoned
Vehicle Service
CG (General Commercial) &
RM-28 (Multiple Family Residential "Twenty-eight")
4, Lot 1, Cypress Point Shopping Center
(2351 u.s. Hwy. 19 North)
Oxford/Conco~d Investments No. 1/
R. Nathan Hightower
crr 87-99
.
Request
Zoned
Outdoor Retail Sales, Displays
and/or Storage
CC (Commercial Center)
5. Lot 1, St. Michaels Sub.
(2281 State Road 580)
Diocese of St. Petersburg/
Jo Ann Matthews
CU 87-100
Request
Zoned
Child Day Care
p/SP (Public/Semi-Public)
6. M&B 32.01, Sec. 02-29S-l5E
(1898 Highland Avenue North)
Texaco Refining & Marketing, Inc.!
Ronald Pierce
CU 87-101
Request - 2-APS (Package Sales of
Alcoholic Beverages)
Zoned CN (Neighborhood Commercial)
.
P & Z Agenda
2
12/15/87
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12.
Lot 2. Blk. 1, R. H. Woodley's Sub.
(831 Hercules Avenue)
United Schools, Inc.
eu 87-107
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Request
Zoned
Temporary Building
OL (Limited Office)
ANNEXATION & ZONING & LANDS USE PLAN AMENDMENTS:
(1)
(2)
(3)
(4)'
(5)
applicant 5 minutes
5 minutes
in support/opposition:
3 minutes
spokesperson for group
Public Hearings are closed
Discussion/Action by Board
10 lIinutes
Statement of case by
Presentation by staff -
Comments from public
individual
c. Annexatiion and Zoning:
1.
Sec. 04-29S-16E
on the west side of
McMullen Booth Road, north of
Main Street [S.R. 588])
(McMullen)
A 87-41
M&B 22.05.
(Located
.
Request - Annexation and Zoning, RS-4
(Single Family Residential "Four")
2. Part Lot 4, Blk. J,
Oak Acres Addition, Unit I
(Located on the east side of
Woodcrest Avenue, south of
Jeffords Street)
(Jones)
A 87-42
Request - Annexation and Zoning. RS-6
(Single Family Residential "Six")
.
P & Z Agenda
4
12/15/87
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2.
Sec. 04-29S-16E
on the west side of
McMullen Booth Road, north of
Main Street [S.R. 588])
(Northeast Church of Christ)
A 87-39 LUP 87-26
M&B 22.04,
(Located
.
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Request - Annexation and Zoning, p/Sp
(Public/Semi-Public)
Land Use P1an:
Low Density Residential
(Public/Semi-Public)
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TO:
3. M&B 42.01, Sec. 17-28S-16E
(Located on the south side of Curlew
Road, west of Countryside Boulevard)
(Diocese of St. Petersburg)
A 87-43 LUP 87-26
Request - Annexation and Zoning, P/SP
(Public/Semi-Public)
Land Use P1an:
FROK: Low Density Residential
10: (Public/Searl-Public)
P. Chairman's Items
.
G.
Director's Items
H. Board and Staff Comments
.
P & Z Agenda
6
12/15/87
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