01/31/1989 (2)
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P&Z
PLANNING & ZONING BOARD
DATE
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AGENDA
PLANNING & ZONING BOARD MEET[NG
TUESDAY, JANUARY 31, 1989 - 1:30 PN
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PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
ACTION
A. Approval of minutes of January 17, 1989
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. TI1e Board follows the procedures outlined
below:
The Chairman reads from the Public !learing Notice each item as it is
presented.
The Planning Director advises the Board of any pertinent hackground
information.
The applicant or his representative presents his case.
Persons who support the application speak.
The Planning Director presents any supporting written documents.
Persons who oppose the application speak.
The Planning Director presents any opposing written documents.
Persons supporting the application Cother than applicant) may speak
in re but ta l.
Persons opposing may speak in rebuttal.
The applicant has an opportunity [or final r.ebuttal.
The Board makes a dec is ion.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF TilE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditional Uses:
1 .
M&Bs 13,04 & 13.07, Sec, 17-29S-16E
(2800 GulE-to-Bay Boulevard)
Limited Properties, Inc,/Hooters,
Inc./Wil1 Alexander, III
CU 89-10
Request - 2-COP (On Premise
Consumption of Alcoholic
Beverages)
Zoned - CG (General Cammel-ctal)
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P & Z Agenda
1
01/31/89
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Request - 4-COP-SRX (On Premise
Consumption of Alcoholic
Beverages)
Zoned - CG (General Commercial)
2.
M&B 14.03, Sec. 17-29S-16E
(2898 Gulf-to-Bay Boulevard)
Delaney/Thompson Pc1rtnership/Harjit
Singh (The Ultimate Sports Bar &
Gr ill, Inc.)
CU 89-11
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3. Lot 1, Loehman's Plaza
C1 730 U. s. Hwy. 19 Nor th)
Principal Mutual Life Insurance
Co./Andrew Kunz/Absolute Elegance
Limo Service
CU 89-12
Request - Outdoor Retail Sales,
Display and/or Storage
(Limousine Service)
Zoned - CC (Commercial Center)
ANNEXA~ION, ZONING, LAND USE PLAN AMENDMENTS, AND LOCAL PLANNING AGENCY
REVIEW:
C..,,.:
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(1) Statement of case by applicant - 5 minutes
(2) Presentation by staff - 5 minutes
(3) Comments from public in support/opposition:
individual - 3 minutes
spokesperson for group - 10 minutes
(4) Public Hearings are closed
(5) Discussion/Action by Board
c. Annexation, Zoning, Land Use Plan
~endments, and Local Planning Agency
Review:
1. Porti.on of M&B 31.00, Sec. 21-28S-16E
(Located on the cast side of
McMullen-Booth Road approximately
3,000 feet north of S,R. 580)
(City of Clearwater)
Z 88-18 LUP 88-17
Zoning
FROM:
TO:
Atlas:
p/Sp (Publtc/Semt-Public)
OS/R (Open
Space/Recreational)
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Land Use
FROM:
TO:
Plan:
Public/Semi-Public
Recreation/Open Space
PaZ Agenda
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01/31/89
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2.
PARCEL #1 AND PARCEL #2
(Located east and west of 2299 Drew
Street)
(First Christian Church)
A 88-31 LUP 88-21
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PARCEL #1
M&B 22.02, Sec. 18-29S-16E
Request - Annexation and Zoning, p/SP
(Public/Semi-Public)
Land Use Plan:
FROM: Residential/Office
TO: Public/Semi-Public
PARCEL 12
Lot 1, BIk. A., Eastwood Terrace
Request - Annexation and Zoning, p/SP
(Public/Semi-Public)
Land Use Plan:
FROM: Low Dens ity Residenti.al
TO: Public/Semi-Public
3.
H& B 's 41. 0 1 &. 4 1. 03 , Sec. 1 8 - 2 9 S - 1 6 E
(Located at the southwest corner of
the intersection of U. S. 19 and
GulE-to-Bay Boulevard)
(Angel Properties)
Z 88-27
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Zoning Atlas:
FROM: CC (Commercial Center)
TO: eH (Highway Commercial)
4. Portion of M&.B 41.12, Sec. 18-29S-l6E
(Located at the northeast corner of
the intersection of Bypass Drive and
Druid Road
(Sorota)
Z 88-26 LITP 88-30
Zoning Atlas:
FROM: OG (General Office)
TO: CH (Highway Commercial)
Land Use
FROM:
TO:
Plan:
Residential/OffLce
Commercial/Tourist
Facilities
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01/31/89
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M& B 42. 0 1, Se c .
(Located at 950
(Daly)
Z 88-25
07-29S-16E
Old Coachman Road)
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LUP 88-29
Zoning
FROM:
Atlas:
RM-12 (Multiple-FamiLy
Residenti.gl)
IL (Limited Industrial)
TO:
Land Use Plan:
FROM: Hedium Density Residential
TO: Industrial
6.
M&B's 43.01 & 44.01, Sec. 08-29S-16E
(Located on the north side of Drew
Street immediately east of Eisenhower
Elementary School)
(Brown, Kennedy & Roberts)
A 88-39 LUP 88-31
Request - Annexation and Zoning RM-16
(Mul tip Ie -Fami ly
Res ide nt i. a1)
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Land Use Plan:
FROM: Low Density Residential
TO: Medium Density Residential
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Sub.
Belleair Road)
Lot 15, Loveland
(Located at 1149
( Fo ley)
A 88-44
7.
LUP 88-33
Request - Annexation and Zoning, CC
(Commercial Center)
Land Use
FROM:
TO:
Plan:
No current City designation
Commercial/Tourist
Facilities
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01/31/89
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Land Use
FROM:
TO:
Plan:
Medium Density Residential
Commercial/Tourist
Facilities
8.
Lot 14, Loveland Sub. and Part M&B
21.011, Sec. 27-29S-15E
(Located on the south side of
Belleair Road, west oE South Missouri
Avenue)
(Barnett Bank)
Z 88-28 LUP 88-34
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Zoning
FROK:
TO:
Atlas:
RH-12 (Multiple Family
Residential)
CC (Commercial Center)
D. Master Site Plan Review, and Amendment to
the Annexatio~ Agreement Between the City
of Clearwater and David Bilgore & Co.,
Inc.
1 .
To consider a request for a major
amendment to the Master Site Plan
known as South Oaks Fashion Square
(Clearwater Marketplace) in the IPD
(Industrial Planned Development)
Zoning District as required by
Section 135.076 of the Code of
Ordinances of the City of Clearwater
Eor the following described property:
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Lots 1 and 2, South Oaks Fashion
Square (Located at the southwest
intersection of McMullen-Booth Road
and State Road 590)
(Richland Properties, lnc./Booth
Marketplacl:~)
Z 88-6 PSP 88-7
E. Chairman's Items
F. Director's Items
G. Board and Staff Comments
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P & Z Agenda
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01/31/89
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MINUTES
PLANNING & ZONING BOARD
TUESDAY, JANUARY 31, 1989 - 1:30 PM
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Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Grecn, Hamilton, Hogan, and Schwob
Also Present: M. A. Galbraith, Jr., City Attorney
A. Motion was made by Mr. Schwob, seconded by Mr. Hogan, to approve the minutes of the January 17, 1989
meeting as written. Motion carried unanimously (7 to 0).
Members Present:
"
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.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN mAT ORDER.
B. Conditional Uses:
1. M&Bs 13.04 & 13.07, Sec. 17-29S-16E
(2800 Gulf-to-Bay Boulevard)
Limited Properties, Inc.tHooters, Inc./Will Alexander, ill
CU 89-10
Request -
Zoned -
2-COP (On Premise Consumption of Alcoholic Beverages)
CG (General Commercial)
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Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the General
Commercial zoning district; the specific request is for expansion of an establishment currently approved for a 2-
COP State license; the proposed expansion is for the addition of restrooms; the governing sections of the Land
Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no comments; and~ the Police
Department saw no reason to deny license to applicant. Ms. Harvey stated this request is in addition to a previously
approved expansion approved by the Planning and Zoning Board on July 26, 1988 for on premise COnS1Jlnption of
alcoholic beverages. She also stated that, even though the expansion is for bathrooms, there is no distinction in the
Land Development Code about the type of expansion area requiring alcoholic beverage sales review and approval.
Ms. Harvey also stated that due to the expansion, the applicant will be required to have a variance to the separation
distance approved by the City Commission. Ms. Harvey advised staff recommended approval to the above request
subject to the following: 1) That an amended site plan be filed for staff review and approval; 2) That a variance to
separation distance from a similarly licensed establishment be approved by the City Commission; and, 3) That the
Building permit be procured within 6 months.
Mr. Will Alexander, representative of applicant, stated this request and the previous request were made because
of square footage that was lost by F.D.a.T. condemnation. He also stated that the Health Department has required
certain upgrading of the men's restroom which necessitated some interior redesign. After questioning by Board
members, Mr. Alexander advised as follows: There will be no change in the operation; the increased seatiDg capacity
as noted on the application is because the Fire Marshal recognized the possibility of using the additional square
footage for seating; and, he does not know if there are outside speakers but other Hooters facilities have had
outside speakers. Ms. Nixon stated there are outside speakers but the speakers cannot be heard from any distance.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following:
1) That an amended site plan be filed for staff review and approval; 2) That a variance to separation distance from
a similarly licensed establishment be approved by the City Commission; and, 3) That the Building permit be
procured within 6 months. Motion carried unanimously (7 to 0).
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P & Z Minutes
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0]/31/89
2. M&B 14.03, Sec. 17-29S-16E
(2898 Gulf-to-Bay Boulevard)
Delaney(fhompson Partnership/Harjit Singh (The Ultimate Sports Bar & Grill, Inc.)
CU 89-11
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Request -
Zoned -
4-COP-SRX (On Premise Consumption of Alcoholic Bcvcrugcs)
CG (General Commercial)
Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the General
Commercial zoning district; the specific request is for a 4-COP-SRX State license, which requires 51% food sales;
the governing sections of the Land Development Code are Sections 136.024 and 136.02S(b); the applicant proposes
a restaurant and lounge; the Traffic Engineer had no comments; and, the Police Department saw no reason to deny
license to applicant. Ms. Harvey stated the subject property is the site of the former MaIm's. She also stated no
variance to separation distance will be required as the previously approved use of the property was for a 4-COP
license. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the
new alcoholic beverage license be obtained within 6 months; and, 2) That the Occupational License be procured
within 6 months.
Mr. Harjit Singh, applicant, stated as follows: He is planning to remodel the establishment; the establishment will
be a sports bar with a large-screen television; and there will be no pool table. After questioning by Board members,
Mr. Singh advised as follows: He has had 5 years experience in this type of operation in Chicago and he is familiar
with the food service business; there will be no live entertainment; there will be no outdoor speakers as they have
been removed; he is familiar with the problems of the previous operation but intends an operation similar to
Hooters; he anticipates large crowds for closed circuit television broadcasts; and, he will not come to this Board
for approval of a 4-COP license in a few months.
Ms. Harvey advised that two letters of objection were received, onc being from Parkwood Estate Association, Inc.,
and one being from Glen Ellen Mobile Home Owners Association, Inc.
In opposition to the above request, the following persons appeared to give their comnlents:
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Ms. Loic; Cole-Hjelm. 2900 Gulf-to-Bav Boulevard. Parkwood Estates, stated she is opposed to the idea that the
operation would be similar to Hooters. After questioning by Ms. Cole-Hjelm, Ms. Harvey stated the standard rule .
regarding separation distance is that there must be a separation of 300 feet; however, one exception to that rule is
that a 4-COP-SRX license may not be located any closer than 250 feet from a Church, school or residential zone.
She added there may be no door or window within 65 feet of a residential zone. Ms. Harvey stated as long as the
applicant maintains a 4-COP-SRX license he has met the requirement, but if the applicant does not meet the food
requirement and seeks another alcoholic beverage license that does not have a food requirement, the applicant may
be required to go before the City Commission for approval of a variance to the separation distance. Ms. Cole-
Hjelm felt the outside service will not be quiet and she expressed concern about behavior on the deck. She stated
she is concerned the same rowdiness will occur as had previously occurred. She expressed concern that the noise
will contribute to lowering the value of property.
Ms. Anna Mae Luettke.. 2900 Gulf-to-Bav Boulevard. Parkwood Estates. stated her property is directly behind the
parking lot of the subject establishment. She stated she has lost possible sales of her home after prospective buyers
were apprised of the problems that have occurred at the subject property. Shc also stated she is not opposed to a
restaurant but is opposed to a bar at the location.
In rebuttal, Mr. Singh stated he is trying to establish a restaurant not a bar, the motif will be sports oriented, and
the clientele will not be loud. He statcd he does not plan to create noise. After questioning by Board mcmbers,
Mr. Singh advised as follows: He is thinking of using two small televisions on the deck but that idea is not flnal;
according to the Fire Marshal, 130 people can be seated on the deck; closing time will be 2:00 AM and the kitchen
will remain open until closing; Mr. Singh will be supervising tlle operation and will be available at all times, though
there will be more than one manager due to the hours of operation; during off-season of sports telecasts, he intends
to show classic fights, tennis matches, etc.; and, he previously operated a pizza place and another operation catering
to brokers. When Mr. Hogan questioned if applicant would object to closing the deck at midnight, Mr. Singh
advised that onc of the reasons the site was so attractive was because of thc deck. He felt the deck was important
to tbe business.
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Ms. Nixon expressed concern about outdoor sales and stated a rcquest by anothcr applicant was revised to enclose
the deck becausc of opposition from a Church. Mr. Ferrell statcd tWs Board did not request the other applicant
to enclose the deck and this Board approved the other request for sales on an open deck. Ms. Nixon stated the
other request was acceptable because it was not near residents and the Church that was located nearby did not have
services at night. Ms. Nixon expressed concern that the applicant would not be able to meet the food sales
P & Z Minutes
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requirement.
Mr. Schwob felt this request was from a person with experience. He felt if there is a problem meeting the 51%
food sales requirement that will be another matter. He expressed some concern about sales outside lifter midnight.
(,;.,.;.
Mr. Hamilton stated he would be against a bar at the location but the applicant is trying to run a restaurant. He
felt if the request was approved for one year it would be possible to impose conditions if there arc problems.
Mr. Hogan agreed that a one year trial was appropriate but felt the outside deck should be closed at midnight.
Motion was made by Mr. Hogan, seconded by Ms. Nixon, to approve the above request subject to the following
conditions: 1) That the new alcoholic beverage license be obtained within 6 months; 2) That the Occupational
License be procured within 6 months; 3) That there be no outside speakers; 4) That there be no service of
alcoholic beverages or food on the outside deck after midnight; and 5) That the approval is granted for a period
of one year only. After roll call, motion failed (1 to 6), with Mr. Hogan voting "aye" and Ms. Nixon, and Messrs.
Ferrell, Green, Hamilton, Johnson, and Schwob voting "nay."
Motion was made by Ms. Nixon, seconded by Mr. Hogan, to approve the above request subject to the following
conditions: 1) That the new alcoholic beverage license be obtained within 6 months; 2) That the Occupational
License be procured within 6 months; 3) That there be no outside speakers and no outside service from 12:00
midnight to 2:00 AM; and 4) That the approval is granted for a period of one year only. After roll call, motion
failed (2 to 5), with Ms. Nixon and Mr. Hogan voting "aye" and Messrs. Ferrell, Green, Hamilton, Johnson, and
Schwob voting "nay."
Motion was made by Mr. Hamilton, seconded by Mr. Schwob, to approve the above request subject to the following
conditions: 1) That the new alcoholic beverage license be obtained within 6 months; 2) That the Occupational
License be procured within 6 months; and, 3) That the approval is granted for a period of one year only. After roll
call, motion passed (5 to 2), with Messrs. Ferrell, Green, Hamilton, Johnson, and Schwob voting "aye" and Ms.
Nixon and Mr. Hogan voting "nay."
3.
Lot 1, Loehman's Plaza
(1730 U. S. Hwy. 19 North)
Principal Mutual Life Insurance Co./Andrew KunzlAbsolute Elegance Limo Service
CU 89-12
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Request -
Zoned -
Oulduor Retail Sales, Display and/or Storage (Limousine Service)
CC (Commercial Center)
Ms. Harvey advised as follows: This is a request for outdoor retail sales, display and/or storage in the Commercial
Center zoning district; the application states the specific request is to park two limousines at Laehman's Plaza; the
drawing included with the application shows the location where the limousines are proposed to be parked and the
location was noted on the drawing by City staff; and, the Traffic Engineer noted in his comments that he has no
objection to parking of vehicles, but owner is on notice that this would be considered permanent parking for the
vehicles and the advertising is prohibited. Ms. Harvey stated she hoped the applicant was able to address the specific
use for which the limousines are intended, such as, if the limousines are for visitors at the plaza, etc. She stated
parking vehicles with signs attached is considered advertising and this type of advertising is not permitted in the
Code. She also stated there would be no objection to parking vehicles but applicant must be in compliance with the
Code and the sign ordinance. Ms. Harvey advised staff recommended approval subject to the following: 1) That
the Occupational License be procured within six months; 2) That there be no advertising from the vehicles when
they are not in use; and, 3) That there be a maximum of two limousines at a location designated by the Planning
and Zoning Board.
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Mr. Andrew K~ applicant, stated he intends to park two limousines in Loehman's parking lot. He plans to put
magnetic signs all the vehicles that included the name of the business and the telephone numbcr. He stated the
specific purpose of the request was to advertise the business. After questioning by Mr. Schwob, Mr. Kunz stated
the vehicles would be parked near the Jiffy Lube location and the limousincs are specifically parked at the location
to show the n81ne and telephone number of the business. He stated that when he filed his application he was told
magnetic or painted signs would not be in violation. After further questioning by Mr. Sehwob, Mr. Kunz advised
there would be no representative at the location and the business office is located across U. S. Hwy.19.
Ms. Harvey st<lted she felt the applicant was not advised properly. She stated what the applicant is describing for
the limousines would advertise thc business while they are parked in another location. She also statcd that Section
134.009(4) of the Land Development Code specifically prohibits signs being used for this purpose. Ms. Harvey felt
the application should be denied.
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P & Z Minutes
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01/31)89
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Zo~ Atlas:
FROM: P/SP (Public/Semi-Public)
TO: OSIR (Open SpacelRecreational)
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After questioning by Ms. Nixon, Ms. Harvey stated she needed to cbcck with staff to fully understand the
circumstances under which the application was flIed, but it may be possible to refund applicant's money.
Motion was made by Mr. Schwob, seconded by Mr. Hogan, to deny the request and recommend that money be
refunded if it appears applicant acted in good faith based on misunderstood information.
A citizen asked to speak in objection to the request and Ms. Harvey suggested the citizen be allowed his input,
even though the requested use is prohibited, in order that the applicant know what concerns have been expressed
if he intends to reapply. Mr. Schwob withdrew his motion.
Mr. Phillip Johnson. 2400 Sbm Run Boulevard. stated he felt residential property should be protected from
commercial development. He expressed concern that development of property in to commercial operation was
overtaking residential development. Chairman Johnson advised Mr. Phillip Johnson that his comments should be
relevant to the subject request. After questioning by Mr. Phillip Johnson, Ms. Harvey stated the City Commission
establishes zoning on all property in the City of Clearwater.
Motion was made by Mr. Schwob, seconded by Mr. Hogan, to deny the request and recommend that money be
refunded if it appears applicant acted in good faith based on misunderstood information. Motion carried
unanimously (7 to 0).
Ms. Harvey advised Mr. Kunz that City staff would be contacting him regarding his application fee.
C. Annexation. ZoniDl!. Land Use Plan Amendments.. and Local Planninl! Al!ency Review:
1.
Portion of M&B 31.00, Sec. 21-28S-16E
(Located on the east side of McMullen-Booth Road approximately 3,000 feet north of S.R. 580)
(City of Clearwater)
Z 88-18 LUP 88-17
Land Use Plan:
FROM: Public/Semi-Public
TO: Recreation/Open Space
The above property is located on the east side of McMullen-Booth Road approximately 3,000 feet north of S.R.
580.
Ms. Harvey advised this is a request for zoning atlas amendment from P/SP (Public/Semi-Public) to OS/R (Open
SpacelReereational) and a Land Use Plan amendment from Public/Semi-Public to Recreation/Open Space. She
stated the property is designated to be a nature park as the result of an agreement between the City of Clearwater
and the Semblers. She also stated that part of the agreement was that the City would change the Land Use Plan
classification to Recreation/Open Space to mitigate a loss of wetlands area at Clearwater Collection Shopping
Center. She advised that City-owned property under the Recreation/Open Space classification could not be changed
except by referendum. Ms. Harvey advised staff recommended approval of the request for zoning atlas amendment
from P/SP (Public/Semi-Public) to OSIR (Open SpacelRecreational) and a Land Use Plan amendment from
Public/Semi-Public to Recreation/Open Space.
After questioning by Ms. Nixon, Ms. Harvey stated the City owns the land, the City of Safety Harbor is still trying
to get ownership of adjacent property, and the required mitigation is a ratio of 2:1. After questioning by Mr.
Schwob, Ms. Harvey advised she has no idea of any costs involved as the property would be under the jurisdiction
of the Parks and Recreation Department. She added that the park would not be an active play area.
No persons appeared in support of or in opposition to the above rcquest.
Motion was made by Mr. Schwob, seeonded by Mr. Hamilton, to rccommend approval of the requcst for zoning
atlas amendment from P/SP (Public/Semi-Public) to OSIR (Open SpacelRecreational) and a Land Use Plan
;" amendment from Public/Semi-Public to Recreation/Open Space. Motion carried unanimously (7 to 0).
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0113lJ89
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2.
PARCEL #1 AND PARCEL :#2
(Located east and west of 2299 Drew Street)
(First Christian Church)
A 88.31 LUP 88-21
PARCEL #1
M&B 22.02, Sec. 18.29S-16E
Request -
Annexation and Zoning, P/SP (Public/Semi-Public)
Land Use Plan:
FROM: Residential/Office
1l): Publi~Semi-Public
PARCEL #2
Lot 1, Blk. A., Eastwood Tenace
Request -
Annexation and Zoning, P/SP (Public/Semi-Public)
Land Use Plan:
FROM: Low Density Residential
1l): Publi~Semi- Public
The above property is located east and west of 2299 Drew Street.
The applicant was not present.
Ms. Harvey advised as follows: This is a request for annexation, P/SP (public/Semi-Public) zoning, and a Land
Use Plan amendment from Residential/Office to Public/Semi-Public for Parcel #1 and a Land Use Plan
amendment from Low Density Residential to Public/Semi-Public for Parcel #2; City water and sewer are available;
and, the above request is made as part of a site plan review. Ms. Harvey stated that Public Works requests the
abutting right-of-way of Drew Street be included in the annexation. She also stated annexation of this area of Drew
Street will now require all of Drew Street to be maintained by the City. She stated the actual use of Parcel #1 is
a parking lot and no development is planned at this time for Parcel #2. Ms. Harvey advised staff recommended
approval of the request for annexation, P/SP (Public/Semi.Public) zoning, and a Land Use Plan amendment from
Residential/Office to Public/Semi-Public for Parcel #1 and a Land Use Plan amendment from Low Density
Residential to Public/Semi-Public for Parcel #2.
No persons appeared in support of or in opposition to the above request.
Motion was made by Ms. Nixon, seconded by Mr. Schwab, to recommend approval of the request for annexation,
P/SP (public/Semi-Public) zoning, and a Land Use Plan amendment from Residential/Office to Public/Semi-
Pllblic for Parcel #1 and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public for
Parcel #2. Motion carried unanimously (7 to 0).
P & Z Minutes
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01131/89
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3.
AGENDA ITEMS C(3) AND C(4) WERE HEARD TOGIn'HBR.
M&B's 41.01 & 41.03, Sec. 18-29S-16E
(Located at the southwest corner of the intersection of U. S. 19 and Gulf-to-Bay Boulevard)
(Angel Properties)
Z 88-27
(""
Zonins! Atlas:
FROM: CC (Commercial Center)
TO: CH (Highway Commercial)
The above property is located at the southwest corner of the intersection of U. S. 19 and Gulf-to-Bay Boulevard_
4. Portion of M&B 41.12, Sec. 18-29S.16E
(Located at the northeast corner of the intersection of Bypass Drive and Druid Road
(Sorota)
Z 88-26 LUP 88-30
Zoning Atlas:
FROM: OG (General Office)
TO: CH (Highway Commercial)
Land Use Plan:
FROM: ResidentiaVOffice
TO: CommerciallTourist Facilities
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The above property is located at the northeast corner of the intcrsection of Bypass Drive and Druid Road.
Atty. W. Thompson Thorn, representative of applicants, stated the abovc properties consist of approxiDlately 20
acres at S.R. 60 and U.S. 19, including the Jersey Jim Towers site and the property to the south. He stated the
Angel Properties site has a current Land Use Plan classification of CommcrciaIlTourist Facilities and is zoned
Commercial Center, for which applicant is requesting Highway Commercial. He stated the Sorota property is
currently zoned General Office with a Land Use Plan classification of ResidentialJOftice and applicant is requesting
Highway Commercial zoning and a Land Use Plan classification af CommerciaVrourist Facilities. He stated these
requests are made in order that all property have the same zoning and Land Use Plan classification. He advised
the reason Highway Commercial zoning is requested is that the Land Development Code allows much more
flexibility with setback requirements. He advised the proposed owners have developed properties in Florida for 25
to 30 years. Mr. Thorn advised the Sorota property is the collection area for all runoff water and if no development
of this property is possible, arrangements will be made to use the property to handle storage and runoff of water.
He further advised the wetland area is of a low-grade quality but it will be mitigated as required. Mr. Thorn stated
the proposed center will contain approximately 210,000 square feet and have parking in excess of Code requirements
since Wal-Mart, one of the tenants, requires more than minimum requirements for parking.
Ms. Harvey advised as follows: Item C(3) is a request for zoning atlas amendment from CC (Commercial Center)
to CH (Highway Commercial) and Item C( 4) is a request for a zoning atlas amendment from OG ( General Office)
to CH (Highway Commercial) and a Land Use Plan amendment from Residential/Office to Commercial{rourist
Facilities; the requests are made for the development of a shopping center; Items C(3) and C( 4) requests are being
made to reduce the required setbacks and to have the same zoning on both parcels; Dlitigation of the wetland area
on the south parcel will need to be addressed during site plan review; and applicant is aware of mitigation
requirements. Ms. Harvey advised staff recommended approval of Item C(3) request for zoning atlas amendment
from CC (Commercial Center) to CH (Highway Commercial) and Item C(4) request for a zoning atlas atnendment
from OG (General Office) to CH (Highway Commercial) and a Land Use Plan amendment from
Residential/Office to Commercial!Tourist Facilities.
After questioning by Ms. Nixon, Ms. Harvey stated Clearwater Mall is zoned Commercial Center and does not
meet the current Code requirements with regard to setbacks and the subject property has frontage on U. S. Hwy.
19 and S.R. 60. Ms. Nixon expressed concern that the subject property would be the only property on S.R. 60 that
is zoned Highway Commercial. Ms. Harvey explained the c.ategory of Highway Commercial would be appropriate.
After questioning by Ms. Nixon, Mr. Thorn explained "Florida Land Trust" that is indicated on the Disclosure of
Interest Statement submitted with the application for Item C(4).
, No persons appeared in support of or in opposition to the above request.
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Motion was made by Mr. Schwob, seconded by Mr. Hogan, to recommend approval of Item C(3) request for
zoning atlas amendment from CC (Commercial Center) to CH (Highway Commercial) and Item C(4) request for
a zoning atlas amendment from OG (General Office) to CH (Highway Commercial) and a Land Use Plan
amendment from Residential/Office to Commercial!Tourist Facilities. Motion carried (6 to 1) with Ms. Nixon
voting "nay." Ms. Nixon stated she is not in favor of the request because she felt the impact fee was not sufficient
(';"" for the City to change setbacks and shc is concerned that the parcel to the south will be denuded.
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5. M&B 42.01, Sec. 07-29S-16E
(Located at 950 Old Coachman Road)
(Daly)
Z 88-25 LUP 88-29
ZoniIm Atlas:
FROM: RM-l2 (Multiple-Family Residential)
TO: IL (Limited Industrial)
Land Use Plan:
FROM: Medium Density Residential
TO: Industrial
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The above property is located a 950 Old Coachman Road.
Atty. Timothy A. Johnson, representative of applicant, stated the request for zoning change and Land Use Plan
amendment is being made in order that the property be zoned as it was previously and to reflect the current use.
He felt there would be no adverse impact on the ncighborhood, and he explained the surrounding uses. Mr.
Johnson stated the property owner discovered that the property was not suitable for apartment use, as was his
intention when he requested a rezoning several years ago from an industrial category to a residential category. He
advised the traffic trips to the property will be reduced. He also advised it is a goal of the City to obtain more
industrially zoned land in the City. After questioning by Mr. Schwob, M..('. Johnson stated that ultimately the
property owner wants to sell the property. He added that Limited Induscr::ll zoning is a clean kind of industrial
zoning.
Ms. Harvey advised as follows: This is a request for zoning atlas amendment from RM-12 (Multiple-Family
Residential) to IL (Limited Industrial) and a Land Use Plan amendment from Medium Density Residential to
Industrial; the property was rezoned several years ago to residential at the property owner's request and the subject
request is made to reflect the present use of the property; the surrounding uses are a mixture of uses; and the
property lies within the lOO-year flood plain and any redevelopment must bc done in accordance with the Land
Development Code. Ms. Harvey advised staff recommended approval of the request for zoning atlas amendment
from RM-12 (Multiple-Family Residential) to IL (Limited Industrial) and a Land Use Plan amendment from
Medium Density Residential to Industrial.
In opposition to the above request the following pcrson appeared to give his comments:
Mr. John Bonner. representative of Mrs. Alfred Vasconi. nrooerty owner of Lot 45 of College Park Subdivision..
stated Mrs. Vasconi is opposed to the request but recognizes there are problems with the property and that the
property is currently used as industrial.
In rebuttal, Mr. Johnson stated discussion is currently going on between the applicant and Mrs. Vasconi. He
requested the zoning and Land Use Plan be changed to agree with the present use.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the request for zoning
atlas amendment from RM-12 (Multiple-Family Residential) to IL (Limited Industrial) and a Land Use Plan
amendment from Medium Density Residential to Industrial. Motion carried unanimously (7 to 0).
The Board recessed from 3:32 PM and reconvened at 3:44 PM.
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6. M&B's 43.01 & 44.01, Sec. 08-29S-16E
(Located on the north side of Drew Street immec.liately cast of Eisenhower Elementary School)
(Brown, Kennedy & Roberts)
A 88.39 LUP 88-31
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Request -
Annexation and Zoning RM-16 (Multiple-Falnily Residcntial)
(.
Land Use Plan:
FROM: Low Density Residential
TO: Medium Density Residential
The above property is located on the north side of Drcw Street immediately east of Eisenhower Elcmentary School.
Atty. Steve Seibert, representative of applicant, stated the request is behtg made to construct apartments on the
property and an ACLF on the western portion of the property, though there are no firm plans for an ACLF at
this time. He explained the surrounding uses and advised the 57 acres are essentially vacant. Mr. Seibert advised
that the tax base will be significantly increased and the proposed use sbould be beneficial to the City. He also
stated the water and sewer use will be higher but the U tiuties Department indicated it can handle the increase.
He felt there would be no degradation to thc roads and the major impacts to the City of Clearwater are positive.
After questioning by Mr. Hogan, Mr. Seibcrt advised applicant is contemplating, through an annexation agreement,
placing an ACLF on a portion of the property.
Ms. Harvey advised as follows: This is a request for U1IDexation, RM-16 (Multiple-Family Residential) zoning, and
a Land Use Plan amendment from Low Density Rcsidential to Medium Density Residential; the property is
eurrently vacant with the exception of a private sewage treatment plant which serves Island in the Sun; if the
property is not annexed into the City, the property is approved to be developed in the County; an annexation
agreement is in the process of being rcviewcd at staff level and some items of consideration are the time period
of annexing all the property and possible wuivcr of sewer fees regarding Island in the Sun mobile home park; and,
surrounding uses are Medium Density Rcsidential as this is an area heavily developed in apartment use and to the
west is Eisenhower Elementary School. Ms. Harvey stated she is not sure if the applicant is committed to
constructing an ACLF but it is only an option in order that applicant not be precluded from the possibility of having
an ACLF. Ms. Harvey advised staff recommended approval of the request for annexation, RM-16 (Multiple-Family
Residential) zoning, and a Land Use Plan amendment from Low Density Residential to Medium Density
Residential.
In opposition to the above requcst, the following person appeared to give his comments:
Mr. James L. Sloan. 3025 Merrill Avenue. stated Kapok Mobile Home Park has flooded two times in the last year.
He felt most of what is proposed will be concrete and felt no provision \vill be made for drainage. He also felt the
density is too high. He stated the City never lowers density. He expressed concern regarding that quality of life is
on the decrease. He stated he is strongly opposed to the subject request.
In rebuttal, Mr. David Healey, consultant for applicant, stated the applicant recognizes a portion of the site is a
wetland and recognizes the mobile home park to the north suffers drainage problems. He stated the standards of
development will be required to be addressed and met. He also stated drainage requirements will need to be met
and will be done with site plan approval.
Mr. Hamilton agrees there are some drainage problems in the area but he felt site plan review will address the
drainage problems.
Mr. Hogan felt in regard to tlooding there will be better control if property is in the City of Clearwater than in
another jurisdiction.
Motion was made by Mr. Hamilton, seconded by Mr. Ferrell, to recommend approval of the request for annexation,
RM-16 (Multiple-Family Residential) zoning, and a Land Use Plan amendment from Low Density Residential to
Medium Density Residential. Motion carried (6 to 1) with Ms. Nixon voting "nay." .
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ITEMS C(7) AND C(8) WERE DISCUSSED TOGETHER.
7.
Lot 15, Loveland Sub.
(Located at 1149 Belleair Road)
(Foley)
A 88-44 LUP 88-33
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Request.
Annexation and Zoning, CC (Commercial Center)
Land Use Plan:
FROM: No current City designation
TO: CommerciaVrourist Facilities
The above property is located at 1149 Bclleair Road.
8. Lot 14, Loveland Sub. and Part M&B 21.011, Sec. 27-29S-15E
(Located on the south side of Belleair Road, west of South Missouri Avenue)
(Barnett Bank)
Z 88-28 LUP 88-34
Zoninlt Atlas:
FROM: RM-12 (Multiple Family Residential)
TO: CC (Commercial Center)
Land Use Plan:
FROM: Medium Density Residcntial
TO: Commercialffourist Facilities
The above property is located on the south side of Belleair Road, west of South Missouri Avenue.
Atty. Tunothy A. Jolmson, representative of applicants, stated a new 74,000 square foot shopping center is proposed.
He stated the reason the additional commercial zoning is needcd is to allow development of the property in an
economical way. He advised applicants have tried to keep the commercial portion as close as possible to Missouri
tf':" Avenue. He stated a very low cost grocery outlet is proposed for the property. He felt thc small shopping center
\." would be ideal, particularly for this area of Clcarwater. He stated the tax base will be enhanced more with a
shopping center than with refurbishing the bank. He added that Barnett Bank owns the property to the west of the
subject properties and it will remain residential.
Ms. Harvey advised as follows: Item C(7) is a request for annexation, CC (Commercial Center) zoning, and a
Land Use Plan amendment of CommercialJTourist Facilities and Item C(8) is a request for a zoning atlas
amendment from RM-12 (Multiple Family Residential) to CC (Commercial Center) and a Land Use Plan
amendment from Medium Density Residential to Commercial/I'ourist Facilities; and, the Item C(7) property will
have its water provided by the County and the City of Largo has agreed to the proposed annexation and provide
its sewer services to the property. Ms. Harvey stated that, initially, she was not in favor of the request. She also
stated that, after looking at the proposed site design even though it is not an approved site plan, the project appears
to make sense. Ms. Harvey advised staff recommended approval of the Item C(7) request for annexation, CC
(Commercial Center) zoning, and a Land Use Plan amendment of Commercialtfourist Facilities and the Item C(8)
request for a zoning atlas amendment from RM-12 (Multiple Family Residential) to CC (Commercial Center) and
a Land Use Plan amendment from Medium Density Residential to Commercial{rourist Facilities.
No persons appeared in support of or in opposition to the above request.
Motion was madc by Mr. Schwob, seconded by Mr. Hogan, to recommend approval of the Item C(7) request for
annexation, CC (Commercial Center) zoning, and a Land Use Plan amendment of Commerciallfourist Facilities
and the Item C(8) request for a zoning atlas amendment from RM.12 (Multiple Family Residential) to CC
(Commercial Center) and a Land Use Plan amendment from Medium Density Residential to CommerciallTourist
Facilities. Motion carried unanimously (7 to 0).
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D. Master Site Plan Review. and Amendment to the Annexation AlUcemcnt Between the City of Clearwater
and David Bikore & Co.. Inc.
1.
To consider a request for a major amendment to the Master Site Plan known as South Oaks Fashion
Square (Clearwater Marketplace) in the IPD (Industrial Planned Development) Zoning District as
required by Section 135.076 of the Code of Ordinances of the City of Clearwater for the following
described property:
Lots 1 and 2, South Oaks Fashion Square (Located at the southwest intersection of McMullen-Booth
Road and State Road 590)
(Richland Properties, Inc./Booth Marketplace)
Z 88-6 PSP 88.7
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The above property is located at the southwest intersection of McMullen-Booth Road and State Road 590.
Mr. David Healey, representative of property owner, stated the original request was for a shopping center oriented
to McMullen Booth Road with approximately 10 acres to the west proposed to be used for office buildings. The
property owners are now requesting to amend the western portion, now known as Lot 2, from office buildings to
apartments. He stated 232 units are proposed in 4 buildings, 2 and 3 stories tall, and the density would be
approximately 22 units per acre. He advised there will be less traffic generated, fewer parking spaces will be needed,
there will be more open space, and there will be greater setbacks.
Ms. Harvey advised as follows: This is a request for a major amendment to the Master Site Plan known as South
Oaks Fashion Square (Clearwater Marketplace) in the IPD (Industrial Planned Development) Zoning District;
one advantage will be those individuals who move into the development will be moving in with full knowledge of
the adjacent shopping center; the subject amendment has been reviewed by the Development Review Committee,
which recommended appro'val with conditions; and, an amendment to the Annexation Agreement between the City
of Cle81water and David Bilgore and Co., Inc., is also requested, that request being the property owner is requesting
allowance to build to 3 stories. Ms. Harvey advised staff recommended approval of the request for a major
amendment to the Master Site Plan known as South Oaks Fashion Square (Clearwater Marketplace) in the IPD
(Industrial Planned Development) Zoning District and for an amendment to the Annexation Agreement between
the City of Clearwater and David Bilgore and Co., Inc., subject to the following conditions: 1) 'That the conditions
required by the Development Review Committee be complied with; and, 2) That the apartments to be located on
~;' Lot 2 be limited to 3 stories in height.
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Ms. Nixon expressed concern about a residential use and felt an office use would be better. Ms. Nixon also felt
22 units per acre were too many.
Mr. Schwob stated the City previously approved an office use but thc requested use will be less of an impact on
the City.
After questioning by Board members, Ms. Harvey advised that a planned development will allow up to 28 units
per acre.
Mr. Hogan stated he would oppose 28 units per acre.
Motion was made by Mr. Schwab, seconded by Mr. Ferrell, to recommend approval of the request for a major
antendment to the Master Sitc Plan known as South Oaks Fashion Square (Clearwater Marketplace) in the IPD
(Industrial Planned Development) Zoning District and for an amendment to the Annexation Agreement between
the City of Clearwater and David Bilgore and Co., Inc., subject to the following conditions: 1) That the conditions
requircd by the Development Rcview Committee be complied with; and, 2) That the apartments to be located on
Lot 2 be limitcd to 3 stories in height. Motion carried (6 to 1) with Ms. Nixon voting "nay."
F. Director's Items
Ms. Harvey stated the Goals, Objectives afld Policies and Needs Summary for Future Land Use Element and
Conservation Element have been distributed and will be discussed in a workshop at the conclusion of the Planning
and Zoning Board Meeting on February 14, 1989.
Ms. Harvey advised that she has been named Acting Director of the Planning and Development DepartDlent until
such time that a permanent Director is named. She added she will be in charge of Long Range Planning,
Development Code Administration, Community Relations, Community Development, Building, and Occupational
'\.. License. She added that in the next few months other staff members will be attending the Planning and Zoning
Board Meeting in hcr place, specifically Jeff Pruitt.
P & Z Minutes
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01/31/89
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G. Board and Staff Comments
After questioning by Mr. Hogan regarding stricter regulations for conditional use requests regarding alcoholic
beverage sales, Mr. Galbraith suggested the only alternative is to create a zoning district for commercial property
without alcoholic beverage sales and a zoning district for commercial property with alcoholic beverage sales.
Meeting adjourned at 5:01 PM.
P & Z Minutes
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01131189
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