06/13/1989 (2)
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PLANNING & ZONING BOARD
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AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, JUNE 13, 1989 - 1:30 PM
PLEDGE OF ALLEGIANCE
ril, INVOCATION
,:,'
ITEM
ACTION
A. Approval of minutes of May 16, 1989
Approval of minutes of May 30, 1989
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The 'Board follows the procedures outlined below:
1. The Chairman reads from the Public Hearing Noticc each item as it is presented.
2. The Planning Dircctor advises the Board of any pertinent background information.
3. The applicant or his representative presents his case.
4. Persons who support the application speak.
5. The Planning Director presents any supporting written documents.
6. Persons who oppose the application speak.
7. The Planning Director presents any opposing written documents.
8. Persons supporting the application (other than applicant) may speak in rebuttal.
9. Persons opposing may speak in rebuttal.
10. The applicant has an opportunity for final rebuttal.
11. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
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B.
Conditional Uses:
1. (REQUEST FOR EXTENSION)
Lots 2 and 3, Bamboo Subdivision
(520-522 Bamboo Lane)
SDS Investments (A Florida General
Partnership)/Emil e. Marquardt, Jr.
CU 89-01
Request - 1. Vehicle Service AND
2. Outdoor Retail Sales,
Displays and/or Storage
Zoned - CG (General Commercial)
and RS-8 (Single Family
Residential"Eight")
2. (REQUEST FOR EXTENSION)
Lots 9 and 10, Bamboo Subdivision
(515-521 Bamboo Lane)
SDS Investments (A Florida General
Partnership)/Emil e. Marquardt, Jr.
eu 89-02
c.
Request - 1. Vehicle Service AND
2. Outdoor Retail Sales,
Displays and/or Storage
Zoned - CG (General Commercial)
and RS-8 (Single Family
Residential "Eight")
P & Z AGENDA
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06/13/89
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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 minutcs
(4) Public Hearings are closed
(5) Discussion/Action by Board
3. (CONTINUED FROM 5116189 and
513(189)
Lots 8 through 11, Blk. 8, Clearwater
Beach Sub. Rev. (32 Bay Esplanade)
(l~\ Nostimo, Inc. (pick Kwik Food Stores,
Inc.)/Harry D. Hasty
,:~ CU 89-37
Request - 2-APS (Package Sales of
Alcoholic Beverages)
Zoned - CB (Beach Commercial)
4. (CONTINlUID FROM 5130189)
M&B 34.36, Sec. 01-29S-15E,
(1710 Hercules Avenue)
Clark Investments, Inc. (Sophia's Pizza
Restaurant)/Peter Drakakis
CU 89-38
Request - 2-COP (On-Premise
Consumption of Alcoholic
Beverages)
Zoned - IL (Limited Industrial)
5. Lots 5 and 6, Blk. B, Barbour-Morrow
Sub. (423 Poinsettia Avenue)
J.T.F. Associates (Clearwater Beach Mini-
Mart)/Esther Ortega
CU 89-39
Request - 2-APS (Package Sales of
Alcoholic Beverages)
(:, Zoned - CB (Beacl1 Commercial)
6, Lot 1, South Oaks Fashion Square
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(1520 McMullen-Booth Road)
Bootl1 Marketplace, Inc. (Publix Super
Markets, Inc.)/Bill Curry!J anifer Ellis
CU 89-40
Request - 2-APS (Package Sales of
Alcoholic Beverages)
Zoned - IPD (Industrial Planned
Development)
ANNEXATION. WNING. LAND USE PLAN AMENDMENTS. LAND DEVELOPMENT CODE TEXT
AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
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P & Z AGENDA
2
06/13/89
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c. Annexation. Zoninlt. Land Use Plan
Amendments. Land Development Code Text
Amendments and Lccal Plannimt Astencv
Review:
C""" 1. (CONTINUED FROM 5/16189 and
5130189)
M&B 13.11, Sec. 12-29S-15E (Located at
1151 Kapp Drive)
(NUS Corp.)
A 89-07
Request - Annexation and Zoning, IL
(Limited Industrial)
2. Lot 9, Lake Lcla Manor (Located on the
south side of Brentwood Drive,
approximately 100 feet east of Keene
Road)
(Clearwater Marine Science Center)
A 89-11
Request - Annexation and ~oning RS-6
(Single Family Residential .i
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. 3. Portion of Lot 1, Pinellas Groves Sub.
(Located at the southwest corner of
Sunset Point Road and Hercules Avenue)
(Florida National Bank)
LUP 89-07 Z 89-08
e- Land Use Plan:
. '. FROM: Residential/Office
i:l.......:r:;., ' TO: Commercial/fourist Facility
Zonine: Atbs:
FROM: OL (Limited Office)
TO: CG (General Commercial)
4. M&B 44.11, Sec. 21-29S-15E (Located on
the east side of South Ft. Harrison
A venue, approximately 500 feet south of
Woodlawn Street)
(Chiavatti Development)
Z 89-09
Zoninl!: Atlas:
FROM: CR-24 (Resort Commercial
"Twenty-Four")
TO: CN (Neighborhood
Commercial)
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P & Z AGENDA
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06113/89
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6.
(TO BE TABLED)
Lots 9 through 16, Blk. 1, Lincoln Place
Sub. (Located on the east side of Taft
Avenue, between Grant Street and
Carlton Street)
(Multiple Owners/City of Clearwater)
LUP 89-03 Z 89-03
Land Use Plan:
FROM: Commercial/I'ourist Facility
TO: Medium Density Residential
5.
(TO BE TABLED)
Land Development Code Text
Amendment:
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Chapter 135, creating Sections 135.1001
through 135.1007
(pROPOSED ORDINANCE)
To Establish the North Greenwood
Commercial District.
Providing for permitted and conditional
uses within the District; establishing use
limitation, dimensional and numerical
development requirements and an
optional reduction of parking standards
for the district; amendment Section
134.010, Code of Ordinances, to establish
sign regulations for the North Greenwood
Commercial District; creating Section
137.0235, Code of Ordinances, to establish
the North Greenwood Design Review
Board; establishing the membership,
officers, powers and duties of the Board;
establishing North Greenwood Design
Standards and a scoring system to
evaluate building plans for the district;
amendment Sec. 136.006, Code of
Ordinances, relating to the minimum
structural setback for properties fronting
on Greenwood Avenue between Palmetto
Street and Marshall Street. LDCA 89-05_
Zoning Atlas:
FROM: CN (Neighborhood
Commercial)
TO: RM-16 (Multiple Family
Residential "Sixteen")
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P & Z AGENDA
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06/13/89
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7.
(TO BE rfABLED)
M&B 24.01, Sec. lO-29S-15E (Located at
the southeast corner of the intersection of
North Greenwood Avenue and Palm Bluff
Street)
(Willow Run, Inc./City of Clearwater)
LUP 89.04 Z 89-04
Land Use Plan:
FROM: High Density Residential
TO: CommercialiTourist Facility
ZoninJ! Atlas:
FROM: RM-24 (Multiple Family
Residential"Twenty-Fourtl)
TO: CNG (North Greenwood
Commercial)
8.
(TO BE 7ABLED)
Lots 1 through 4, Lots 7 and 8, Blk. 1,
Lincoln Place Sub., Lots 6 through 11,
Blk. 3, Jackson's C.E. Sub., Lots 6 through
11, Blk. D, Lots 31 and 32, Palm Park
Sub., Lots 1 through 7, Greenwood
Manor, Lots 1 through 3 and Lots 10
through 12, Mason's Sub., Lots 32 through
35 Blk. F, Lots 32 through 35, Blk, E,
Lots 32 tbrough 35, Blk. D, Greenwood
Park No.2, Lots 15 through 18, Blk. C,
Lots 15 tbrough 18, Blk. B, Greenwood
Park (Located east and/or west of North
Greenwood Avenue between Grant Street
on the nortb and Palmetto Street on the
south)
(Multiple Owners/City of Clearwater)
Z 89-05
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ZoniIu! Atlas:
FROM: CN (Neighborhood
Commercial)
TO: CNG (North Greenwood
Commercial)
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D. Chairman's Items
E. Directors Items
F_ Board and Stall: Comments
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P & Z AGENDA
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06/13/89
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MINUTES
PLANNING & ZONING BOARD
TUESDA Y, JUNE 13, 1989 - 1:30 PM
Members Present:
Chairman Johnson, Ms, Nixon, Messrs. Ferrell, Green, Hamilton, and Mazur
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Members Absent:
Mr. Schv.'ob
A. Notion was made by Mr. Hamilton, seconded by Mr, Ferrell, to approve the minutes of tlle May 16,1989
Dleeting as written, Motion carried unanimously (6 to 0).
Notion was made by Mr. Hamilton, scconded by Mr. Ferrell, to continllc approval of the minutes of the
Nay 30, 1989 meeting. Motion carried unanimously (6 to 0).
Chainnan .T ohnson 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.
]'rEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. Conditional Uscs:
AGENDA IJ'EMS B.l. AND B.2. WEltE HEARD TOGETHER
~, (REQUEST FOR EXTENSION)
Lots 2 and 3, Bamboo Subdivision
(520-522 Bamboo Lane)
SOS Investments (A Florida General Partnership)/Emil C. Marquardt, Jr.
eu 89-01
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Request - 1. Vehicle Service AND
2. Outdoor Retail Sales, Displays and/or Storage
Zoned - CG (General Commercial) and RS-8 (Single Family Residential "Eight")
2. (REQUEST FOR EXTENSION)
Lots 9 and 10, Bamboo Subdivision
(515-521 Bamboo Lane)
SOS Investments (A Florida General Partncrship)/Emil C. Marquardt, Jr.
eu 89-02
Request - 1. Vehicle Service AND
2. Outdoor Retail Sales, Displays and/or Storage
Zoned - CG (General Commercial) and RS-8 (Single Family Residential "Eight")
Ms. Glatthorn explained the background of the cases and submitted, in writing, the staff recommendations,
Atty. Harry Cline, representative of applicant, requested the Board approve the requests for extension of the
above items,
Motion was made by Mr. Hamilton, seconded by Mr, Green, to approve the requests for extension for a period
of six months. Motion carried unanimously (6 to 0).
3. (CONTJNUED FROM 5/16/89 and 5/30/89)
Lots 8 through 11, Blk. 8, Clearwater Beach Sub. Rev. (32 Bay Esplanade)
Nostimo, Inc. (Pick Kwik Food Stores, Inc.)/Harry D. Hasty
CU 89-37
Request -
Zoned -
2-APS (Package Sales of Alcoholic Beverages)
CB (Beach Commercial)
Mr. Hamilton declared a conflict of interest (see form attached) and advised he will excuse himself from the
Board for the subject item and will not vote in the Board's decision.
P & Z MINUTES
1.
06/13/89
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Mr. Blakely commented that staff stated there arc 53 locations on the bcach that sell alcoholic beverages, He
stated there is no criteria in the Code that allows the nlInlber of establishments on the beach to be used as a
basis for rejection of the request. He statcd this Board recently approved use of a 2-APS license in the
Wajgrcen's store and use of a license, either a COP or APS, a few blocks to the south of the proposed Pick Kwik
store. Rc requested the Board treal the subject request tIle same as other requests recently approved and use
the COlle as the basis for its decision, He stated a requirement in the Code is the convenience to the public,
which the proposed request would accomplish. Mr, Blakely submitted a petition signed by 258 people who live
on the beach, live in the area, or have visited the area who support the request (see attached), He stated it is
his understanding there is another petition with approximately 250 signatures of persons who support a Pick Kwik
at the requested location, Mr. Blakely introduced Mr. Michael Boland who would address the issue of security
at Pick Kwik st ores.
Ms. Glatlhofl1 explained the background of the case and submitted, in writing, the staff recommendatioIl.
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Ms. Glatt!lOfl1 advised two letters of opposition werc rec~ived: One from the Clearwater Beach Association who
cited its reasons [or opposition as unreasonable increase in noise, glare of lighting at night, increase in traffic,
increase of law enforcement, and incompatibility with the neighborhood; and, One from Chapcl-By-The-Sea
which cited its reasons for opposition as more than enough establishments on Clearwater Beach selling alcoholic
beverages, a convcnience store across the street will serve alcoholic needs of the neighborhood, there an~ many
residences and motels in the area, and public facilities are located ncarby,
Jolm T. BUlkcly, representative of Pick Kwik, statcd the property is prcsently occupied by an old hotel and the
Bikini Tavern, both of which arc unsightly and in disrepair, He stated the Bikini Lounge and the hotel have been
at the site for many years, He also stated the prop~rty is located in the middle of a Beach Commercial zoning
area and is surrounded by the following uses: A 7-Elcvcn store to the East, which has been in operation for at
least 20 years and operates under a 2-APS State license; the Palm Pavilion, which sells beer, and a hotel, both
operated by the Hamilton family, to the West; a retail use to the North; and, the Fire Station and open space
to the South. He stated that south of the open space there are more restaurants, taverns, and the Mandalay Surf
Shop. He stated the request is for a 2-APS State license and there is presently at the subject location a 2-COP
license, He stated he was previously advised at a Planning and Zoning Meeting that a 2-COP docs not authorize
package sales bllt that information is incorrect, He advised that under the present 2-COP license, beer and wine
may be sold for off-premise consumption, He felt most of the Board members were familiar with the updated
Pick Kwik stores and he submitted photographs of similar Pick Kwik stores, both inside and outside (see
attached), He stated the photographs show the Pick Kwik stores are primarily food stores selling food and fresh
produce and the subject store is also proposing to sell gasoline. Mr. BlaI\cly advised that in all the Pick Kwik
stores in Florida, beef and wine account for approximately 7% to 8% of total sales revenue of each of the stores
and felt it would be approximately the same for the subject store, He stated a site plan has been tiled with the
City which shows the Land Development Code has been complied with in that the site plan shows adequate
ingress/egress, landscaping, screcning of the dumpster, and com pliance with setbacks, parking, and lighting. He
stated this application satisfies all the published criteria for the requested conditional use, He felt there is no valid
reason to reject the application, He felt Board member Hamilton excused himself because he is a neighboring
property owner and possibly because of the competition of additional beer and wines sales. Mr. Blakely statcd
that cOlnpetitioIl and protecting existing facilities that sell alcoholic beverages are not proper bases to reject an
application. He requested thc Board put aside its fricndsllip with Board member Hamilton and base its decision
on the merits of the case and the Land Development Code.
Ms. Eunice Hubb.lrd, Camelot Motel, felt 5he was the 1ll.0St adversely impacted by the subject request as her
Inotel is located direclly across the street from the proposed store. She stated it has been difficult running the
hotel for 18 years. She stated the 7-EJeven ncxt door prcviou51y closed at midnight but is now open 24 hours a
day, which she felt contributed to loss of business on the south side of the building. She felt the Pick Kwik across
thc street will affect the entire front of her building and will cause her to lose business in the front of the
building. She felt the two corporations were "hemming" in her property and will cause her to lose business. She
stated there is a parking problem on Clearwater Eeach and parking was taken from her two years ago when
parking meters were installed. She stated there is a lot or noise. generated from the 7-Elcven and the proposcd
Pick K\vik will gt~neraLe more noi5c. She stated the Policc cannot be present at all times, She stated 7-Eleven
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Mr. Michael Boland, Vice President with Pick Kwik Food Stores, stated that all employees who work at Pick
lCwik stores undergo extensive training to prevent illegal sale of alcollol in Pick Kwik stores. He stated that stores
currently located on Clearwater Beach employ a security guard whenever it is necessary to help move the people,
to keep crowds frol11 gathering, and to control noise and drinking in the parking lots, He assured the Board that
a security guard would be made avaiJable to the subject store should it be deemed necessary.
In opposition to t.he above request, the following persons appeared to give their comments:
P &. Z MINUTES
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06/13/89
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is careful to whom they serve alcoholic beverages but there is trouble late at night. She stated young people are
drinking and they loiter nearer to her prDperty than tllC 7-Eleven. She questioned that the aforementioned
petition was circulated on the south end of the beach and stated the petition \V<lS not brought to her, She felt
there should not be the two convenience stores so close together, He stated, in addition to 7-Eleven and the
proposed Pick Kwik, she sells beer as docs Mr. H1U1liltol1, and felt there were enough alcohdic beverage
establishments in the area.
Attv. Harry Cline. representative of Palm Pavilion, a family corporation owned by th.e Hamilton family, stated
his appearance in objection is not on behalf of the Palm P<lvilion but on behalf of the motel property, contiguous
to the subject property, the Hamilton family has recently acquired. He stated the Hamilton's property has been
tlsed for many years as a hotel/motel and is presently b~ing modernized and renovated, He also stated the
subject property has been used for many yc. <irS as an apartll1ent/motel property wit II a very small neighborhood
bar. He further stated the subject request p()ses a significant adverse change to the community. Mr. Cline stated
the sale of alcoholic beverages will result in increased traffic, increased noise, and increased light. He also stated
alcohol is already available in overwhelming quantities on the beach and he felt alcohol sales will be incompatible
with the neighborhood and the community, He stateclthe subject request does not have staff recommended
approval. He felt, if the requcst is approved, it will unreasonably diminish the use, enjoyment, and value of
surrounding properties. Mr. Cline felt the applicant does not meet all Code requiren1cnts dealing with conditional
tlses as the proposed use is not compatible with existing llses, developing trends in the area, or in the public
interest. Mr, Cline indicated on a map of Clearwatcr Beach the location of applican.t's property,
residential/bedroom usage, actual commer cialuses in the area, and City-owncd property, He statcd Baymont
Street is the line of demarcation, south of \.~hich is a four-lane road almost exclusively commercially developed
and north of which is a two-lane road witha significant number of hoteUmotel/comlo/rcsidential environments,
He statcd north of Baymonl Street is a much quieter atmosphere, He also stated the cOIl1mercial uses in the
neighborhood are limit~d in an overall neighborhood standpoint. He felt packagc sales of alcoholic beverages
at the subject location arc inappropriate and will calise an adverse change in the community, Mr _ Cline stated
the photographs of other Pick Kwik storcs were takcJ1 at stores located on arterial roads with DO residential
properties adjacent. He stated the proposed store will back lip to residential properties, He statcd the trend in
the area is against this type of uevelopmellt_ He felt the parks in the area were antagonistic to the proposed use,
Mr. Cline felt therc would be a significant traffic change on the north beach it' the facility is built and some of
the traffic change must be attributed to alcohol. Mr. Cline cited a natiomvide traffic study which stated
convenience stores are the second highest generators of traftic, second only to drive-in, fast-food restaurants
(source: Trip GCllcration, 1987, 4th Edition. published by tIll; Institute of Transportation Engineers ill conjunction
with Pinellas County ordinances dealing with traffic impacts.) Mr. Cline stated, that in working with City staff
in Traffic Engineering, it was computed there would be approximately 1500 trips per day generated at the site
which will be in contrast to the current impact of 600-500 trips per day, M r, Cline statcd staff has recommended
denial basecl upon, in staWs opinion, the subject request would not be in the interest of the larger community,
Mr. Cline requested the Board deny the above request since it does not meet all Code criteria, He requested
the Board make SI)L~cific findings that the lIse is not in the public interest and would not be compatible with the
neighborhood because the community is predominantly a bedroom community, the application, if approved will
increase traffic, light, and noise pollution iI:1the community, it is not compatible with the neighborhood or the
recent development, and staff has reconuncnded denial. Mr. Cline submitted se\lcral letters from people in
opposition to the above request (see attacbcd).
Herb FreitaR. represenling Chapcl-nv-Th~-Sea. staled the Church Board voted in opposition to the alcoholic
beverage request by Pick Kwik for the follo\.Ving reasons: 1) There arc already more than cnough establishments
on Clearwater Beach selling beer and \vine; 2) There is a similar facility directly ,Icross the street and should
meet alcoholic needs of the immediate commuuity; 3) WhiJ~ not zoned residential, there arc many residential
and motel properties in the immediate area and beer and wine sales would adversely impact the area; 4) The
Chapcl-By-The-Sca is located one block fr<lm subject property; 5) Public facilities arc located one block from
subject property; 6) Another facility selling <llcoholic beverages would harm the balance of the "living" area; and,
7) There may be additional problems for an already overburdened police force. He fllfther stated tllC justification
of constructing a more attractive facility on a site were unaltractive buildings are now located docs not convince
anyone that this should be an establishmcl1t selling alcoholic beverages,
Herbert W. Leonhardt, 706 Bavwav Boulevard, stated he lives next door to the Pick Kwik at thc south end of
the beach, He stated the problem is not the owner or operator but the problems are those that arc derived from
the sale of alcoholic beverages and the customers to which owners and operators cater, He expressed concern
about rowdiness and traffic,
Ann Garris, 38 Acacia Street, sJ}Cakin~ on behalf of the Clearwater Beach Associ4tiO!!, stated the intersection
where the subject property is located is unique in that the people living north of the site have no other way to
go anywhere, She felt adding a facility that would add so Illuch traffic to the intersection would be detrimental
P & Z MINUTES
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06/13/89
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to the safcty of the people 011 tl1(~ north beach. She expressed concern Lllat tIle fire station across the streel
would have a difficult time moving through traffic at the intersection, She felt the arca is the recreation area of
the beach. She expressed concern about sales of alcoholic beverages to minors. She also expressed concern abolll
inadequatc police protection,
Frank Palombo.. 644 Pearce Street., stated he would speal{ to the fact tllat there arc 53 establishments on the
beach selling alcoholic beveragcs, He also stated it is his position and the position of the Police Department tllal
a proliferation of alcoholic beverage establishmcnts in this particular area is cause of concern. He stated the area
is well served by places currently selling for on-premise consumption and/or package sales of alcoholic beverages.
He stated it is the Police Department's opinion that the area is well beyond the saturation point. Lt. Palombo
commended the Pick Kwik management at 601 Bayway for their cooperation in the past but the fact that Pick
Kwik must hire security guards to maintain order of the property is indicative of the problems that this type of
operation brings into a community. He added that most Pick Kwik stores do not have security guards but Pick
Kwik stores in the beach environment require security, He stated that the lights from vehicles entering and
exiting the parking lots of stores has been a major source of complaints from neighbors, He stated traffic has
been a problem and th.e Police have worked for three years trying to control traffie on the north end of tbe
beach. He added that there arc many traffie problems and much noise at the 7-Eleven across the street. He
stated that adding another store of the same type in the area, along with tbe gas pumps, will increase the traffic
and will overtax the police service in tIle area, He stated the Police Department supports the staff
recommendation to deny tbe application.
In support rebuttal, DaIliel Baker, 105-D Cambridv;e Circle. Clcarwatcr~ current manager of a Pick Kwik Store.
stated as late as January of last year he worked at the 7-Eleven across tl~c street. He stated he worked nights
and normally beer sales would stop at midnight. He also stated when the beer sales stop the traffic also stops
and the noise stops, He further statcd if there were problems in the parking lot:> the employees could get people
in the parking lot to leave, Mr. Baker felt there is not enough space at the 'i-Eleven to take care of the traffic,
He also felt there is plenty of room for additional people and an additional store across the street would not cut
into anyone's business because people are waiting in the street to get in to the 7-Elevcn. Mr. Baker advised 11C
stresses to his employees thc importance of keeping an cye on stores' propertics to watch for possible sales of
alcoholic beverages to be resold to minors in parking lots. 1-1 e also advised he and his employees will call police
if they see a drunk driver and Pick Kwik tries its best to work with the community and abide by the laws of the
community.
In opposition rebuttal, Ms, Eunice Hubbard. stated there wcre not a lot of problems when 7-Eleven closed at
midnight. She requestcd, if the Board approves thc request, the store be required to close at midnight. She stated
she stops her beer sales at 9:00 PM,
In final rebuttal, Mr. Blakclv felt the Board 11111St remember the request is not to put a package store in an area
where onc does not already exist and the request is not invading the area that is not occupied by similar
businesses, He felt the Code is in applicant's favor because the proposed use is in the middle of an area that is
already surrounded on every side by a property that is selling alcoholic beverages for off-site or on-site
consumption. He felt the proposed use at the subject location is not a new encroachment in to the neighborhood,
He felt it is an important consideration in response to the comment that the proposed use is in a play area
because the play arca is already surrounded by alcoholic beverage establishments, ivfr. Blakely felt the map used
by Mr. Cline was deceiving in that all commercial areas were not colored the same as the subject property, He
felt no competent evidence was produced to support the statement that traffic will increase and it delies logic
to think the Pick Kwik store will increase traffic because people will not drive from other areas to come to the
subject location. He also felt the testimony on behalf of the Police Department was puzzling because the official
document from the Police Department contradicts what was statcd by Lt_ Palombo,
Chairman Johnson closed the public hearing and advised the Board will discuss the request and make a decision,
He stated that any person or persons feeling adversely affected by a decision of this Board in regard to
conditional uses has two weeks from this date to file an appeal with the Cit)' Clerk's Office. He also advised that
Florida law requires any party appealing a decision of tltis Board to have a record of the proceedings for the
appeal.
Ms, Nixon stated the comment about the official Police Department docuDlent which states that the IIpolice has
found no reason to dellY this application" is based solely on the background check on the applicant which means
he has not been convicted of a felony, She stated she believes the Palm Pavilion has a COP, consumption all
premises, license and does not sell package sales. She also stated the Bikini Lounge currently at the subject
location, if it has package sales, is a prior use that has not come under regulation of this Board, She stated if the
Bikini Lounge cllanged ownership and came before this Board, this Board would have the authority to deny that
particular request for package sales and alcol101 consumption in that location if the Board deemed it not in the
best interest of the community, She felt the comment about the proposed llse not generating traffic is ludicrous
I) & Z MINUTES
4
06/13/89
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4, (CONTINUED FROM 5130/89)
M&B 34.36, Sec. 01~29S-15E, (1710 Hercules Avenue)
Clark Investments, Inc. (Sophia's Pizza Restauranl)/Peter Drakakis
CU 89-38
t'"
because even if pt:.oplc arc jllst driving by a convenience store, they will stop in at the store, She felt the request
is totally incompatible with the neighborhood, its proximity to the Church is sllch that the activities at the Church
arc within the area. She also felt the lighting and the noise would not be in the best interest of the community
and, even though the area is not specifically residential, the hotels and motels in the area would be severely
impacted. Ms, Nixon felt the Board has diligently attempted to make sure the beach community is geared for
tourists and comfort of tourists and residents and she felt alcohol sales at the subject location would not be
compatible with. those uses, She stated, though the petition was quite lengthy, she noted only two signatures from
the north end of the beach and two from the south end of the beach but it appeared the other signatures were
from pcople at a distant location, Ms, Nixon felt Mr. Baker's comment that when the beer sales stop the traffic
stops indicated there was a traffic problem and that alcohol does present a problem. She stated that in light of
her aforementioned statements she felt the use would not be compatible and would not vote in favor of the
proposcd use.
Mr. Grcen stated there is a current license at the subject location, however, the comments by Mr. Cline and Ms,
Garris were compelling 011 this issue. He felt the incompatibility with the neighborhood of a primarily not on-
premise consumption is compelling. He stated the reasons stated by Mr. Cline plus the fact that the traffic
bottlencck at the location and the lights in to the surrounding neighborhoods arc compelling reasons to deny the
requcst.
Motion was made by Ms. Nixon, seconded by Mr, Mazur, to deny the request for proposed use of a 2-APS State
license to the Pick Kwik Food Store on north Clearwater Beach, Motion carried (5 to 0),
Request -
Zoned -
2-COP (On-Premise Consumption of Alcoholic Beverages)
IL (Limited Industrial)
Ms. Glatthorn explained the background of the case and submitted, in writing, the staff recommendation.
...
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After questioning by Ms. Nixon, Ms. Glatthorn clarified that during review of the request by starf it was
discovered a parking variance would be required,
Pcter Drakakis, applicant, stated lIe is the owner of the restaurant which he has just opened. Mr, Drakakis
advised he wants to sell beer and wine to help his business.
No persons appeared in support of or in opposition to the above request.
Motion was made by Ms, Nixon, seconded by Me. Hamilton, to approve the above request subject to the
followi.ng: 1) Th.at a parking variance be approved by the Development Code Adjustment Board. Motion carried
unanimously (6 to 0),
5. Lots 5 and 6, Elk. B, Barbour-Morrow Sub. (423 Poinsettia Avenue)
j,T,F. Associates (Clearwater Beach Mini-Mart)lEsther Ortega
CU 89-39
Request -
Zoned -
2-APS (Package Sales of Alcoholic Beverages)
CB (Beach Commercial)
Ms. G latthorn explained the background of the case and submitted, in writing, the staff recommendation,
t
'''''''It,...
Ms. lfiIa Encarnacion, 1708 Madrid Drive, Largo, speaking on behalf of Esthcr Ortega, stated Mrs, Ortega is
the O\V11er of Estjo, Inc. and she has opened a small mini-mart at the subject location. She stated applicant has
received requests for alcoholic beverages from many customers. She stated the subject property is surrounded
by motels and the customers want to buy beer or wine at a nearby store to take to their motel rooms, She
stated owners of hotels have also asked if alcoholic beverages will be sold. She also stated there is a nearby
establ~hment tbat sells alcoholic beverages for on-premise consumption but that establishment does not sell
package sales of beer. Ms. Encarnacion advised that Mrs, Ortega was not aware that she would need an attorney
at this meeting and she is not fully prepared. She also advised the applicant is merely opening a small mini-
mart and business is not going too well because customers are mostly asking for beer. She stated the applicant
sells groceries, ice cream, and sausage rings, She reiterated that most of applicant's customers ask for package
sales of beer.
P & Z MINUTES
5
06/13/89
. ,.r,..' '
Request -
Zoned -
2-APS (Package Sales of Alcoholic Beverages)
IPD (Industrial Planned Devclopment)
No persons appeared in support of or in opposition to the above request.
(",'I,'J;-"l
Ms. Nixon stated she felt the same with this request as she did the previous request from Pick Kwik Foods (CU
89-37); that the beach is saturated. She stated it doesn't mean anything in terms ofthe Code but in this particular
location, surrounded by duplexes, triplexes, and motels, she felt the requested use would be incompatible in terms
of noise, lighting, and especially traffic impact on the very small street. She statcd she would recommclld denial.
Mr, Johnson agreed and stated he inspected the premises, He felt the requcsted use would not be an
enhancement or betterment to the City. He stated he would take the same position that he takes in all alcoholic
beverage requests in that sales in certain areas are not good for the City. He advised he would not vote in favor
of the subject request.
Motion was made by Ms. Nixon, seconded by Mr. Ferrell, to deny the above request for package sales of
alcoholic beverages (2-APS) at Clearwater Beach Mini-Mart. Motion carried (5 to 1) with Mr. Green voting
"nay." Mr, Green stated he did not hear testimony on the subject request in favor of denial that was basically
more than there were too many on thc beach and he did not feel that is enough reason to deny the request. Ms,
Nixon felt the subject location was worse than the otber location in terms of surrounding uses, Mr. Green stated
there was no testimony to that effect. Ms, Nixon felt it was common knowledge,
6. Lot 1, South Oaks Fashion Square (1520 McMullen-Booth Road)
Booth Marketplace, Inc. (Publix Super Markets, Inc.)/Bi1l Curry/J ,mifer Ellis
CU 89-40
Mr, Mazur declared a possible conflict of interest (see form attached) and advised he will not vote in the Board's
decision.
Ms, Glatthorn explained the background of the case and submitted, in writing, the staff recommendation.
Janifcr Ellis, representative of Publix Super Markets, slated the above request is being made to sell beer and
wine to the everyday shopper,
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Ferrell, seconded by Mr. Hamilton, to approve the above request subject to the
following: 1) That the Occupational License be procured within six months, Motion carried (5 to 0),
c. Annexatio~ Zoning, Land Use Plan Amendments. Land Development Code Text Amendments and Local
Planning As!encv Review:
1. (CONTINUED FROM 5/16/89 and 5130/89)
M&B 13.11, See, 12-29S-15E (Located at 1151 Rapp Drive)
(NUS Corp.)
A 89-07
Request - Annexation and Zoning, IL (Limited Industrial)
The above property is locaterl at 1151 Kapp Drive,
Mr. Phil Schoeneckc, representative of applicant, stated tbe property owner requests approval of the annexation
in order to receive City sewer services. After questioning by Ms. Nixon, Mr, Sehoenecke statcd engineering,
design work and light fabrication of materials, parts and components for the power industry will be performed
at the subject location.
Mr, Pruitt explained the background of the case and submilted, in writing, the staff recommendation.
No persons appeared in support of or in opposition to the above request.
l,
Motion was made by Mr. Hamilton, seconded by Mr. Mazur, to recommend approval of the request for
annexation and IL (Limited Industrial) zoning. Motion carried unanimously (6 to 0).
P & Z MINUTES
6
06/13/89
ZoJIing Atlas:
FROM: OL (Limited Office)
TO: CG (General Commercial)
2. Lot 9, Lake Lela Manor (Locatcd on the south side of Brcntwood Drive, approximately 100 feet
east of Keene Road)
(Clearwater Marine Science Center)
A 89-11
/......,\
,
Request - Annexation and Zoning RS-6 (Single Family Rcsidential"Six")
The above property is located on the south side of Brentwood Drive, approximately 100 feet cast of Keene Road.
The applicant was not present.
Mr. Pruitt explained the background of the case and submitted, in writing, the staff recommendation. Mr. Fruitt
stated the property was recently sold to a Mr. Pontes,
Motion was made by Mr. Mazur, seconde.d by Mr. Green, to recommend approval of the annexation and RS-
6 (Single Family ResidentiaIISix") zoning, Motion carried unanimously (6 to 0). Ms. Nixon advised she felt it was
not necessary to declare a conflict of interest but stated, for the record, she just finished a two-year term on the
Board of Directors of the Clearwater Marine Science Center.
3. Portion of Lot 1, Pinellas Groves Sub. (Located at the southwest corner of Sunset Point Road and
Hercules Avenue)
(Florida National Bank)
LUP 89-07 Z 89-08
Land Use Plan:
FROM: Residential/Office
TO: Commercial(Tourist Facility
The above property is located at the southwest corner of Sunset Point Road and Hercules Avenue.
tf<
If.
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Margaret Bowles, representative of Amoco Oil Company, stated the requested Land Use Plan and Zoning
amendments are requested for the purpose of constructing a gas station, convenience store, and car wash on
site. She felt the requests should be approved because extenuating circUDlstances existed as the property is
between industrial and commercial uses. She outlined the surrounding uses and felt a buffer of Limited Office
was not necessary. Ms. Bowles advised the applicant would agree to a development agreement to insure to the
City that what is placed on the site would be aestheticaUy pleasing.
Mr. Pruitt explained the background of the case and submitted, in writing, the staff recommendation.
In support, John SkicewiCl.. aUornev for Florida National Banlc. stated the bank decided to close this branch
because of lack of banking activity. He advised the bank first approached other banking operations without
positive response to purchasing the property. He also advised office developers of the property and no interest
was expressed in purchasing the property. He felt the current zoning was a hardship and felt the change would
be logical and productive. After questioning by Mr. Johnson, Mr. Skicewicz advised it is his understanding the
Mobil Station across the street is to be razed and rebuilt.
After questioning by Mr. Green, Mr. Pruitt stated the Mobil Station across the street in an unincorporated area
of the County.
Ms, Bowles felt the report concerning traffic impact does not address the actual trip generation in that only 40%
of trips are generated by a site such as the subject site. She stated the proposed use would generate less trips
than a bank would generate. After questioning by Mr. Ferrell, Ms. Bowles stated Amoco would not nave a
problem agreeing to a CN (Neighborhood Commercial) but there would be a risk of not receiving approval of
a variance for additional pumps.
,
'-.
After questioning by Mr, Mazur, Mr, Pruitt stated when the Pinellas Planning Council was reconstituted there
was inquiry as to where there was a conflict with the City's and County's Land Use Plan, one of which is the
subject area, He stated there have been conflicts in the area for some time as the City shows Medium Density
Residential on the Land Use Plan with no authority to make a change. He also stated the City is trying to acllieve
an area that is compatible with the residential, noncommercial nature of Sunset Point Road.
P & Z MINUTES
7
06/13/89
", " ~ .... .? ....
After questioning by Mr. Hamilton, Mr. Pruin advised if Mobil Oil is reconstructed while in the County and later
annexes in to the City, the City would consider two points: 1) That the property would be in conformance with
the Land Use Plan; 2) That the property would be considered an existing use,
tf'I",'l'/..
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Ms. Nixon felt the particular location does not need to be rezoned to a higher density and felt maintaining Sunset
Point Road as a less congested zoning category is important. She felt tills type development across the street
from a nursing home would not be compatible, She felt the current zoning provides for compatible, transitional
uses between the residential and the commercial areas, She also expressed concern about setting a precedent if
the property is rezoned.
Mr, Johnson expressed concern about building height and he felt the zoning should remain the same.
Mr, Green expressed concern about the intersection and about the ingress and egress of traffic to and from the
gas station.
Mr. Hamilton questioned wllether the Board should recommend the property be rezoned to Neighborhood
Commercial,
Mr. Ferrell stated he would agree to Neigllborhood Commercial zoning but not General Commercial.
Motion was made by Ms, Nixon, seconded by Mr. Green to recommend denial of the Land Use Plan amendment
from Residential/Office to Commercia1/rourist Facilities and the Zoning Atlas amendment from OL (Limited
Office) to CG (General Commercial), Motion carried unanimously (6 to 0).
4. M&B 44.11, Sec. 21-29S-15E (Located on the cast side of South Ft. Harrison Avenue, approximately
500 feet south of Woodlawn Street)
(Chiavatti Development)
Z 89-09
Zoning Atlas:
FROM: CR-24 (Resort Cornmercial"Twenty-Four")
TO: CN (Neighborhood Commercial)
~~
.
.'l<.~ ,
The above property is located on the east side of South Ft. Harrison Avenue, approximately 500 feet south of
Woodlawn Street.
Mr. Jeff Moore, representative of property owner, stated the subject property is located just south of the
Fairwinds facility, He added Fairwinds is proposing to use the property for additional administrative office space.
He clarified that Fairwinds is neither a detoxification facility nor a lock-up facility.
After questioning by Mr. Green, Mr, Pruitt advised the use would be a permitted use in the Neighborhood
Commercial zoning district_
Mr. Pruitt explained the background of the case and submitted, in writing, the staff recommendation.
No person appeared in support of or in opposition to the above request.
Motion was made by Ms, Nixon, seconded by Mr. Hamilton, to recommend approval of the request for a Zoning
Atlas amendment from CR-24 (Resort Commercial"Twenty-Four") to CN (Neighborhood Commercial). Motion
carried unanimously 6 to 0).
i
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P & Z MINUTES
8
06/13/89
ITEMS C,5; C.6; C.7; AND C.8 WERE DISCUSSED TOGETHER
5.
Land Development Code Text Amendment:
(...
Chapter 135, creating Sections 135.1001 through 135,1007
(pROPOSED ORDINANCE)
To Establish the North Greenwood Commercial District.
Providing for permitted and conditional uses within the District; establishing use limitation,
dimensional and numerical development requirements and an optional reduction of parking
standards for the district; amendment Section 134.010, Code of Ordinances, to establish sign
regwations ror '.he North Greenwood Commercial District; creating Section 137.0235, Code of
, Ordinances) to establish the North Greenwood Design Review Board; establishing the membership,
officers, powers and duties of the Board; establishing North Greenwood Design Standards and a
scoring system to evaluate building plans for the district; amendment Sec, 136.006, Code of
Ordinances, relating to the minimum structural setback for properties fronting on Greenwood
Avenue between Palmetto Street and Marshall Street. LDCA 89-05.
6. Lots 9 through 16, Blk. 1, Lincoln Place Sub, (Located on the east side of Taft Avenue, between
Grant Street (md Carlton Street)
(Multiple Owners/City of Clearwater)
LUP 89-03 Z 89-03
Land Use Plan:
FROM: Commercial{fourist Facility
TO: Medium Density Residential
7.
Zoning Atlas:
FROM: CN (Neighborhood Commercial)
TO: RM-16 (Multiple Family ResidentialISixteen")
M&B 24.01, Sec. 10-29S-15E (Located at the southeast corner of the intersection of North
Greenwood Avenue and Palm Bluff Street)
(Willow Run, Inc./City of Clearwater)
LUP 89-04 Z 89-04
.
~
~~..,...
Land Use Plan:
FROM: High Density Residential
TO: Commercial/fourist Facility
Zoning AtIa~:
FROM: RM-24 (Multiple Family ResidentiaIITwenty-Four")
TO: CNG (North Greenwood Commercial)
8. Lots 1 through 4, Lots 7 and 8, Blk. 1, Lincoln Place Sub., Lots 6 through 11, Blk. 3, Jackson's C.E.
Sub., Lots 6 through 11, Blk. D, Lots 31 and 32, Palm Park Sub., Lots 1 through 7~ Greenwood
Manor, Lots 1 through 3 and Lots 10 through 12, Mason's Sub., Lots 32 through 35 Blk F, Lots 32
through 35, Blk. E, Lots 32 through 35, Blk. D, Greenwood Park No.2, Lots 15 through 18, BIk.
C, Lots 15 through 18, Blk. B, Greenwood Park (Located east and/or west of North. Greenwood
Avenue between Grant Street on the north and Palmetto Street on the south)
(Multiple Owners/City of Clearwater)
Z 89-05
Zoning Atlas:
FROM: CN (Neighborhood Commercial)
TO: CNG (North Greenwood Commercial)
J'
~,
Mr. Pruitt advised staff recommended the above items be continued to the Planning and Zoning Board Meeting
of July 18, 1989 in order to more appropriately determine if what is proposed is proper. He stated the North
Greenwood effort began approximately one and one-half years ago as a result of the community asking that a
plan be prepared for the North Greenwood area.
Motion was made by Mr. Hamilton, seconded by Mr. Ferrell, to continue Items C.5; C,6; C.7; and C.8 to the
Planning and Zoning Board Meeting of July 18, 1989. Motion carried unanimously (6 to 0).
P & Z MINUTES
9
06/13/89
I
1
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M.
D. Chairman's Items
Mr. Johnson welcomed Ed Mazur as the new member to the Plunning and Zoning Board.
(--." Mr. Johnson tbank Mr. Polatty for the additional information that is now being given to the members of the
\ Board. He felt the staff recommendations have been very helpful. Mr. Hamilton stated the business community
also felt the written staff recommendations were a positive step for the Planning and Development Department.
Meeting adjourned at 3:37 PM.
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P & Z MINUTES
10
06/13/89
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June 10, 1989
Me A uA- / 1Iu...:...~" ICd
CLt ? 1 -- 3 ')
TO; Planning & Zoning Board
Clearwater
Florida
I have been a resident of Clearwater for the
past 15 years and I am down to the north beach
" practically every day, my question at this time,
. is, WHY DO WE NEED A PICK-KWIK ACROSS FROM THE
7-11 on Mandalay.
#1 The traffic on that corner is so bad now,
really a blind corner, what will it be like
when/if the P-K gets in. ' When the delivery
trucks, the trolley, other trucks are there,
you can't see around the corner. It will be
a worse hazard if the P-K gets in there.
<
#2 This end of the beach was the quiet end
but it certainly won't be, if the P-K gets in
there, with more loud radios, booze and litter.
Certainly the tourists won't enjoy coming down
to this area. Shou~dn't we consider the tourist
and make them happy.
#3 The gas tanks, all I can say is, I'm
very happy to know that the Fire Department
is across the street.
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RCSORl APARTMENTS
621 BAY ESPLANADE
. CLEAlI!l.wlA,if~I.BE"'t!:Pl, FLORIDA 33515 . TEL. 1813\ 441-4421
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Planning: ,g:, Zoning: Board
Cit.y H::=tll
Clear....,rater, FlDrida
To "v.fhon1 It. I\lIay Concern:
HE: Pick, K,"lil~ Propo::::al-l'.!ort.h Beach Location
Please be aci,,;]i~:ed,. thi:3 lette.r i:::: t.o ,;}oice. rn-;l oppo:~:it.iDn t.o t.he abo,,;}e
propo8al fm- the follo,;,'.ling l-ea:;:~on::;:
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oo;.,,\lhen I pUl-cha:~:ec! the Ebb Tide Ivlotel in 19i:i4 it ';...,ras ba:~:ecl prirn;Slril~l on the
fact that it,:::~ locat.ion ~...la:::: on t.he. quiet. non-cornrnercializecl e.nd of Clear";.J.tat.er
E--rl- 1"ITT ['---1- -1-- -'1'-1- tl--t l'r" - F'l'-l- }".. "I'l~ -t-l-- 1'- }-'ll'lt -t tl-- r'-1-11-1- I-It"
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Lh:t Y ::::1J ;:i11t1.L.(.1j ttl1'- ~ ...o::t.11U,ti ;:t)' ........ ',' ell U.t:: .. 11:;:;, 1_,01.1 U, tt I., It1.11~e l 1: d.::, ..IL.:t y,
It. i:::: l:Yl Y u,nde.l-::;:t.anding that t.he propo:::e.d Pick K ',-',lik v.,rill con:5:i::::t. of S,::t::::
pur.np8.. B high t.ovler.. bright lights,. alcoholic licen:~e.. and open 24-hDurs a
da y, I feel t.bat t.hi::: could onl~.} pre:~:en t traffic and :~:::.t.fet.y ha2::trds: ;SlS ';...,...-1311 a,:3:
rll;:-t;or ine:on,,;]e.nie.nce ;?.t. :::aid inter:3:ect.ion.vlhich i:5: t.he l)rilYl::.t.p} acce:~:s: on t.o
... ,-
IVlandala;l.. fDr t.he. Bay' E::;:planade. rnotel cU:5:t,orne.r:3;, Aho.. I do not. feel there
i::; a delnand fDr an additional conu'8nient ::~t.ore at. 8aid int.81-:::~ection due t.o
the fact. t.hat a 7-11 i:3: aIread;l operating t.here,
I\.fI::r clientele con:3:i:3:t. l-nair.:.l::l of g:ue:3:t.::: .."..,rho are looking for a quiet.. :3:are,1
t:?.rn.ily'-orient.ed loc8.t.iDn to 8pend t.heir ';)';::tcation, By adding another
con T;]e.nien t. :~:tore licen::;:ed for alcoholic: be\rerages and all the pn:d:derf1:3: prDr..;ren
relat.ecl to :~:u,cl-l :::eri}ic8.. it could only jeoparcU2e tl-18 rnotel })u:~:ine:~:s8:3: on the
northend of Clear'....lat.e.r Beach ~....rhic:h haT,Je. 'i,...,rork.ed ~:o hard t.O lYlaint.ain t.he.ir
quiet.) :;:;afe reputation,
...6.1thougb these are onl;)' ;~:orne of tl-1e reasons: vlh-::l ";.,'18 are oppDse.d t.o the Pic}::
Kv.rH:.. hopefully it. "v.,rill give you :::orne. in:~:ig:ht. a:::: t.o t.he ne.g:ati'ue effect it ......,lill
ha,,;]e on t.he ncrt.h beach btEine:;:~:;:;e.:3: and their t.a:n: pavin~: client.e.le,
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928 Bay Esplanade
Clearwater Beach, Florida 34630
June 12, 1989
City of Clearwater Zoning Board
City Hall
CLearwater, Florida
Dear Zoning Board Members:
As owners of rental apartments at 602and 604 Mandalay, 611
Bay Esplanade, and 53-63 Baymont Street, we are opposed to the
building of a convenience store and gas station on the site of the
oLd Kipling Arms Building at Nandalay and Bay Esplanade. This
location is in close proximity to a residential area and we feel
that the late hours and accompanying noise, the acceleration of car
motors, slamming of car doors, etc., would be a nuisance to those
who live close by.
Recently there has been a proliferation of such stores on the beach.
Unfortunately they often become late night gathering spots for teens.
Everyone is aware that beach residents and cornmerical property o\Vners
4: are working with our Clearwater city police to maintain an
~~} attractive family atmosphere on the Beach. There are already gas
stations located in the commerical areas of the Beach and Island
Estates and sufficient convenience stores to meet beachgoers needs.
The location in question is within viewing distance of our beautiful
beach. Why not use this location to its best advantage by building
an attractive motel or residential apartment?
s ~,n,cer ely, IL
I ' ~
\, ,',~ .,.' "'C.(/ ,1:.. ...~~/{-
''t, ~ll,':::/L.t.-. .i~'-- ~'-" .
J'ane Yearou't
':~~ ~,-^[y/-O::-
Janet Yearout
( . 'j. , ~/
\, '-'J.~."" 11 A 11 ) / ~ X fi.' " ,:;~./}'/
'-' ;" :>0.-- \_ '--t./L V ,r ... IL/ ~ -.;(./y
James Yearout i/)
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Me L1 oi~f
TIl~
()C~IC
June 9 1989
To whom it may concern:
This letter is to voice my protest against the building
of a Pick-Wick store on the corner of Mandaly and Kendall.
My wife and lawn a small motel " The Oceanic II on
Avalon st. one block from the proposed building. Most of
our business comes from people who prefer the quiet of the
north end of the beach as opposed to the more commercial
II South Beach "
It is our belief, and that of our patrons, the" open
'round the clock" feature of Pick Wick would create a hang-
out, raise the noise level, increase undesirable traffic,
and otherwise disturb the tranquillity of our area that our
guests so look for.
Please vote against building this store here.
thank you
hank and jean giardino
owners
/I-f d-/~ ~
15 AVALON STREET. CLEARWATER BEACH. FLORIDA 33515 . (813)443-2059/397-7630
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Stores, Inc., tf) 1.)l?t~'n a nl_'VV sturf:~ at 32 Bay Esplanade., Clear-
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We, the und(~rsigm:.d, support th<' (.ffort of pick Kwik Fuod
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water Beach:
Name
Address:
.(,~)DE-
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We, the undersigned, suppurt the effort of Pick Kwik Food
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Name
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We, the undersigned, suppurt the effort of Pick Kwik Fond
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Name
Address:
ov;- J//CJi~ :PI? LA Ku'O
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We, the undersigned, support the effort
Stores, Inc., to open a new store at 32
water Beach:
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of Pic k Kw ik ["(lod ~
Bay Esplanade, Clear-
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I -'FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
Il~~N~~r~:!!:lI'~~I~N~:I~A~~, AND OTH~~, r~~~~~ll~/~ (~~I~~~)?~u~~~~~!t~~EE
J1.:,')CII III f-/ L (1 I \1..1..' I II (( , / ,1 (
INli ,\l)l)RESS 1111' HOARD, COUNCil, COMMISSION, AUrIlOI<ll\', OR CO/\f~111TEEON
/) , . I W Hlell I SFHVI' IS A lINI lor:
/t Vt'l L. C. I;/IC/C' )<!'/''r : ('OUNI" I' OIIlUlI()('^' ^(i[NCY
{'In (OUNn
( ,) / r N^t-Il~()FI'UtttIC^I.SLlIIIlIVISION:
(~,fc:.(C~Z/'(\~J(l--.(.. \ '<.'r 1(' ( r{ ~'.: (, (C/l( l'_'l'll~:. \
DAlE ON WHICH \'011: ()('('URRI:D
(/ f"?/S/q
lilY I'OSIIION IS'
i' FUrll\'!'.
>< ^I'I'O!N1IVE
WHO MUST FILE FORM 88
This form is for use I,y any persoll ser\'ing allhe cOllllly, ciry, or olher localll'\TI of govcrnmcnl on an appoinlcd or elected board,
council. cOlllmission, aUlhority, or cnmmillec, II applies equally 10 members of a(!\'isory and non-advisory bodies who arc presented
wilh a ,"oring connier of interest Ullder ScctitHI 112.3/43, Florida Statutes. The requircments of this law arc mandalory; although
the use of this panicular form is not required by I a\\'. you arc emo\lragcd to use it ill making thc disclosure required by law,
Your responsibilities under the law when faced with a IllCa\llll' ill wl'ich you h(\\'(' a conflicl of interest will vary greatly depending
on whethcr yotl hold an elective or appoilltive positilln, For tltis rea\OIl, please pay close allelltion to tlte instructions on this form
before completing the reverse side and filing the form,
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
r~LECTEl) OFFICEHS:
A person holding elt:ct i\'c COli III y, mUll ici pal, or (lther local public ollicl' f\ILJST A BSTA IN flOIll voting ('In a lTleasure which inures
to his srccial pri\'3rc gaill, Each loc<l/ officer also is prohibited flOllI knowingly voting 011 a measure which inures to the special
gain of a principal (other thall a ~O\CrIllllCnl agency) by \\hol11 he is rctailll:d,
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In either case, you shollld disclosc the conflil't:
PRIOR 10 fHE VOTE BEING T/\l-.:EN by pllblicly stating to the asscmbly the nature of ~our interest ill the measure on
which you arc abstaining 11'0111 \'oting; alld
\\' ITH I N 15 DAYS AFTER TH E VOTE OCClI RS by cumple! ing ami fili Ilg I his form with the person responsiblc for recording
the minutes of the meeting, who should incorporate the form in the ll1inllte~,
APPOINTED OFFICEHS:
A person holding appointive county, municipal, or olher local public: office MUST A13S'IAIN from voting on a measure which
inures to his special private gain. Each local officc! also is prohibited from knowingly voting on a measure which inures La the
special gain of a principal (other than a governmcnt agency) by whom he is retained,
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^ person holding nn appointive local office olherwisc may participate in a matter in which hc has a conflict of interest, but Illust
disclose the nature or the conflict before making any allcmpt to influellce t he decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO t-.'l^KE ANY ATTEf\IPT TO INFLUENCE THE DECISION PRIOR TO THE I\tEETlNG Ar \VHICH
THE VOTE WILL BE TAKEN:
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You should completc and file this form (bcfore making any attempt to influcnce the d~cision) with the person rcsponsible for
recording the minutcs of the mceting. ......ho will incor pornle the form in the minutes,
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· A copy of the form should be pl'lwided imll1ediately 10 the ot her lIlembers or t he agency,
· The form should be read publicl~ at the meeting prior to consideration of the matter in which you have a conflict of interest.
I IllH\I '<II rOil"
(9v5R)
PAGE I
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
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· You should disclose orally the nalure or your tonflict ill the Illeasure be/'ore panicipatlllg.
· You should complete lhe form and file it \\-ilhin 15 days aflcr the vole occurs wilh lhe persall responsible for recording the minutes
of Ihe meeting., \\'ho should incorporate the form in the minules,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, --K.iA') n L fi I {;. ~L!lI'1 f- ('(I(crcbY disclose I ha I on __ 0::/ /5!2f?
. 19
(a) A measure came or will corne before II1Y agency which (check one)
__ inured to my special private gain; or
_ inured to the special gain o/' _______________
. by whom I am retained.
(b) The measurc befolc illY agency and the nature or Ill)' interest in the measure is as 1'0110\\'5:
-f~f7c.
----->l?181'-_H_ __________~_ _
Date Filed
t/ -'~~:'^V~ ~~~ll~
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. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~II2.JI7 (1985), ^ FAILURE TO MAKE ANY REQUIRED
DISCLOSU RE CONSTITUTES GROUNDS FOR AND I'vlA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHf\tENT, REMOVAL OR SUSPENSION FRat\'1 OFFICE OR Ef\'1PLOYMENT, DEMOTION, REDUCTION IN
SALAR Y. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000,
,It,' "''- "; ~ t >!' S '