09/19/1989 (2)
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P&Z
PLANNING &. ZONING BOARD
DATE
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AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, SEPTEMBER 19, 1989 - 1:30 PM
PLEDGE OF ALLEGIANCE
(-., INVOCATION
ITEM
AcrroN
A. Approval of minutes of August 1, 1989
CONDmONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below:
1. The Chairman reads from the Public Hearing Notice each item as it is presented.
2. The Planning Director 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 HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B.
Conditional Uses:
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1.. (CONTINUED FROM 6/Zl189, 7/18/89
and 915189)
Lot 1 less south 385 feet, Sever Park
(880 U.S. Hwy. 19 South)
South Gate Park, Inc.fI'ondelli
Engineering .
CU 89-42
Request - Outdoor Commercial
Recreation/Entertainment
Zoned - CH (Highway Commercial)
2. (CONTINUED FROM 9/5189)
M&B 89-65, Sec. 10-29-15
(1045 North Greenwood Avenue)
Willow Run, Inc.
CU 89-65
Request - 4-COP-SR (On Premise
Consumption and Package
Sales of Beer, Wine and
Liquor) (Change of Business
Ownership AND Expansion)
Zoned - RM-24 (Residential Multiple
Family) With PROPOSED
REZONING TO CNG
(North Greenwood
Commercial)
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P & Z AGENDA
1
09/19/89
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3. (CONTINUED FROM 9/5189)
Lots 2 & 3, Miller's Replat
(7 Rockaway Street)
Charles and Ypapanti Alexiou
CU 89-67
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". Request - Rental of and Instruction for
Non-Motorized Watercraft
AND Rental of Paras ailing
and Wave Runner
Equipment Operating
Seaward of Designated
Swimming Area in AL/C
(Aquatic Lands/Coastal)
.. Zone
Zoned - CR-28 (Resort Commercial)
4. M&B 42.07, Sec. 15-29S-15E
(719 South Missouri Avenue)
Edmund & Therese Morrissey/Greg
Mackin
CU 89-68
Request - Vehicle Service (Minor
Automotive work and
Repair)
Zoned - CG (General Commercial)
5. Lot 8 and Part Lot 9, Blk. C, Clearwater
Beach Park 1st Add. Replat (463 East
Shore Drive)
Paschoalina Callis Potter
#pi:'. CU 89-69
\~.'. Request - Marina (two liveaboard slips
and one pump out facility at
existing marina)
Zoned - CB (Beach Commercial)
AND AL/C (Aquatic
Lands/Coastal)
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. ANNEXATION. ZONING. LAND USE PLAN AMENDMEN1'S, AND LOCAL PlANNING AGENCY
R.EV1EW:
(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
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2
09/19/89
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C. AnnexatiOn, Zoning, Land Use Plan
Amendments, and Local Planning Agency
Review:
1. Lot 16, Grove Circle Sub., (Located at the
r\ southwest corner of the intersection of
.1 Grove Circle and Highland Avenue)
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(South, Aguiar & Bishara)
A 89-16
Request - Annexation and Zoning RS-8
(Single Family Residential
"Eight")
2. Lot 25, Crystal Heights Sub. (Located on
the west side of K Street, 100 feet south
of the intersection with Bay Lane)
(Harding)
A 89-17
Request - Annexation and Zoning RS-8
(Single Family Residential
"Eight")
3. Lot 26, Crystal Heights Sub. (Located on
the west side of K Street, 20 feet south of
the intersection with Bay Lane)
(Walker)
A 89-18
Request - Annexation and Zoning RS-8
(Single Family Residential
t~'.":\ , "Eight")
".l(":''':'t}'''' 4. Lots 5 through 7, Blk. B, Norwood Sub.
(Located at the southeast comer of North
Myrtle Avenue and Marshall Street)
(Okuboye and Zayyad)
LVP 89-10 Z 89-12
Land Use Plan:
FROM: Low Density Residential
TO: Residential/Office
Zoning; Atlas:
FROM: RM-8 (Multiple Family
Residential "Eight")
TO: OL (Limited Office)
D. Chairman's Items
E. Director's Items
F. Board and .Staff Comments
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P & Z AGENDA
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09/19/89
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MINUTES
PLANNING & ZONING BOARD
TUESDAY, SEPTEMBER 19,1989 -1:30 PM
Members Present:
Vice Chairman Nixon, Messrs. Green, Hamilton, Mazur, and Schwob
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Members Absent:
Chairman Johnson and Mr. Ferrell
A. Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the minutes of the August 1, 1989
meeting as written. Motion carried unanimously (5 to 0).
Vice Chairman Nixon 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 THAT ORDER.
B. Conditional Uses:
1. (CONTINUED FROM 6ml89, 7118/89 and 9/5/89)
Lot 1 less south 385 feet, Sever Park
(880 U.S. Hwy. 19 South)
South Gate Park, Inc.fTondelli Engineering
CU 89-42
Request -
Zoned -
Outdoor Commercial RecreationlEntertainment
CH (Highway Commercial)
Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation.
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Mr. Tonothy Johnson, representative of applicant, stated applicant is proposing an I8-hole golf course on U.S.
19 and adjacent to South Gate Mobile Home Park. He advised tbe go-kart track has been eliminated from the
original request and the retention pond has been moved. He also advised there will be no golf play on the rear
40 feet of the property and lighting will be focused toward the course. He further advised that applicant met with
the mobile home park residents who advised their concern was the internal roadway being used for ingress/egress
and parking by customers of the golf course. He stated applicant agreed to landscape the rear portion of the
property so that parking may 110t take place. He advised there was discussion whether residents could use the
parking lot of the golf course as an ingress/egress and the residents generally felt that a concrete island at the
south entrance would discourage right-hand turns and use of the internal driveway. He stated residents also
requested that after construction is completed applicant provide some lighting for people walking within the
mobile home park.
In opposition to the above request, the following persons appeared to give their comments:
Mr. Donald Alcokoc. South Gate Mobile Home Park resident. stated he is neither in support nor in opposition
to the request, and he confIrmed there was a meeting between the applicant and the residents of the mobile
home park. He felt all questions were answered to the residents' satisfaction and stated, if the applicant performs
in the manner indicated, there should be no problems.
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Mr. Carl Bazz.el. South Gate Mobile Home Park resident stated he docs not wish to be in opposition but felt
the applicant must keep in mind the severe drainage problem in the mobile honle park. He advised he checked
with other golf courses in the area and management of the golf courses felt being opened after 10:00 PM could
lead to problems. Mr. Bazzel felt a 10:00 PM closing would be appropriate.
In rebuttal, Mr. J obnson stated drainage issues will be addressed at the site plan review level. He stated drainage
will be no worse after completion of the project and he was hopeflll drainage would be better. He also stated
applicant operates 5 other locations. He advised the golf courses are family-type facilities and applicant will do
what is required to make sure rowdiness does not occur. He also advised the midnight is the standard time for
closing this type of operation. Mr. Johnson advised residents that everything will be done to see that rowdiness
does not occur, but he did not agree witb the mobile home park residents that the operation should close at 10:00
PM.
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09/19/89
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After questioning by Board members, Mr. J olulson advised as follows: No alcoholic beverages will be sold nor
will drinking be permitted at the facility; the water will be recirculated within the course; in-ground speakers will
be used; an African theme will be used at the facility but music is unknown at this time; in-ground speakers do
not carry noise and the golf course will be located toward the front of the property; it takes approximately one
hour to play 18 holes of miniature golf; and, no one will be admitted after midnight with play fInishing about 1:00
AM.
In opposition rebuttal, Mr. Carl BaZlel expressed concern about the speakers being loud late at night. Ms.
Nixon advised complaints should be directed to the Police Department.
In fmal rebuttal, Mr. Johnson stated applicant is willing to discontinue use of speakers at 10:00 PM if noise
becomes a problem.
Mr. Schwab felt is was commendable that the applicant met with the residents of the mobile home park. He felt
that the zoning on tile property could allow a Dlore destructive use on the property than a golf course and felt
the proposed use was the least disruptive to th.e neighbors. Ms. Nixon stated another use was required to close
at 11:00 PM with play finishillg at 12:00 midnight. Mr. Schwob felt it was not necessary since both parties are
communicating with each other.
Motion was made by Mr. Mazur, seconded by Mr. Hamilton, to approve the above request subject to the
following: 1) Tile time limitations placed on the certified site plan and the prcliminary plat. Motion carried
unanimously (5 to 0).
2. (CONTINUED FROM 9/5/89)
M&B 89-65, Sec. 10-29-15 (1045 North Greenwood Avenue)
Willow Run, Inc.
CU 89.65
Request - 4-COP-SR (On Premise Consumption and Package Sales of Beer, Wine and Liquor)
(Change of Business Owncrship AND Expansion)
Zoned - RM-24 (Residential Multiple Family) With PROPOSED REZONING TO CNG
(Nortb Greenwood Commercial)
€f Mr. Richtcr gave the background of the case and submitted, in writing, the staff recommendation.
Mr. John Hubbard, attorney representing AA.J.R. Enterprises, stated the issue before the Board is a change
of business ownership. He stated the change of business ownership will be positive and the new name of the
establishment will be the New Fountain Restaurant and Lounge. He also stated there have been no police reports
since the ownership has changed. He advised Mr. Long hopes to be one of the catalysts to change the North
Greenwood neighborhood and he is one of the first to put substantial capital into the neighborhood. He also
advised the establishment will now include a catcring scrvicc and package store adjacent to the restaurant. Mr.
Hubbard stated Mr. Long has already committed $275,000 to the business, $10,000 of which is for immediatc
changes to the property. He stated the establishment will be orient cd more to a nightclub operation rather than
a bar operation. He stated the major change in the establishment will be the people involved in the operation
and Mr. Long wants to offer quality food and entertainment and improve security. He also stated fresh flowers
will be used and more formal clothing will be required on weekends, both of which should make patrons fcel
safe and good about tbe operation.
Mr. Johnny Long, applicant, statcd it was unfortunate he could not appear at th.e first meeting but he felt is
primary concern was the operation of his business. He stated he owned a small club in New Jersey and after he
bought that operation he turned it into a community based and operated club. He also stated he has lived in the
City for 6 years and ile worked on the North Greenwood project. Mr. Long explained he began cleaning up the
subject establishment after settlement on the property and he advised he and his wife approve mcnus and oversee
preparation of food.
After questioning by Mr. Schwob, Mr. Long advised he will be the only male person involved in the operation
of the business and he felt if there were problems at the establishment it is the City's problem. He further stated
he felt it is unfair to question how he will handle security because the establishment will be a restaurant with
alcoholic beverages provided. He stated the operation will eventually be very professional and no violence will
be used.
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Mr. Hamilton clarified that the Board is 110t questioning Mr. Long's intention with the New Fountain and the
Board is a strong supporter of the North Greenwood revitalization. Mr. Hamilton advised Mr. Long that the
gentlemen who presented testimony at the first meeting was very evasive and the Board could not make a
P & Z MINUTES
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09/19/89
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3. (CONTINUED FROM 9/5189)
Lots 2 & 3, Miller's Replat (7 Rockaway Street)
Charles and Ypapanti Alenoll
CU 89-67
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judgement bused on evasive answers. He felt Mr. Long was doing a goodjoh and should be commended but the
gentlemen was not cooperating with tbe Board and was antagonistic. Mr. Mazur advised the gentlemen stated
there would be a bouncer at the establishment. Mr. Long stated he has power of attorney for the corporation
and the gentlemen who appeared at the previous meeting was here only because someone needed to be present.
Ms. Nixon clarified the Board felt it had not received clear answers to its questions at the previous meeting. Mr.
Green stated that arcWtect that appeared did a [me job but he was not able to answer questions regarding tl1e
operation of the establishment.
Mr. Long stated he wants an establishment that is extremely attractive, particularly because this is the first
operation to be revitalized in the North Greenwood neighborhood.
No persons appeared in su.pport of or in opposition to the above request.
After questioning by Ms. Nixon, Mr. Long advised as follows: Two of the otber partners in the corporation are
in New Jersey; he has been working 1112 years to purchase the subject establishment; and, the manager, who
was rehired and worked at the previous operation, could only act as manager in the previous owner's absence.
After further questioning by Ms. Nixon, Mr. Long advised the July 25 police incident involved the manager being
roughed up and Mr. Long detained the man until the police could get to the establishment. He also advised the
June 27 incident was a customer stole money from another customer and Mr. Long called the police.
Ms. Nixon expressed concern about a bar being too close to residents. Mr. Long stated there are only a few
things in a black community that make money and one of those is the sale of alcoholic beverages, which he felt
does not necessarily need to be a negative. After further questioning by Ms. Nixon, Mr. Long stated he felt there
was no exposure from tile North Greenwood Police Substation and sometitnes police incidents have nothing to
do with the bar. He felt some of the calls may have been false calls to the police and the police report does not
indicate which calls were false or which calls had nothing to do with the bar. He also advised he will not hire
security because if he needs security he will leave the operation. He felt if he could not control the establishment
he shuuld not have it. He also felt if every tavern owner is required to provide security he will provide security.
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Mr. Hamilton stated the :Board's questions were previously not answered satisfactorily but Mr. Long is extremcly
sincere. He stated he is reasonably comfortable with the proposed project if Mr. Long's family is involved in the
business. He felt Mr. Long should not be held responsible for drug problems.
Motion was made by Mr. Hamilton, seconded by Mr. Green, to approve the change in business ownership subject
to 1) a continuous landscape buffer of 5 fcet be provided along the south property line between tile apartment
complex and the expanded buildings and 2) the requisite occupationaIliccnse be procured within 6 months; and,
to approve the expansion of the business subject to 1) finalization of the pending rezoning of this property to
North Greenwood Commercial District and associated land use plan amendment to Commercial Towist
Facilities, and 2) the requisite building permit be procwed within 6 months of the finalization of the rezoning
and land use plan amendment. Motion carried (4 to 1) with Ms. Nixon voting "nay." Ms. Nixon stated she hoped
the applicant is able to accomplish what is intended for the operation.
Request - Rental of and Instruction for Non-Motorized Watercraft AND Rental of Parasai1ing
and Wave Runner Equipment Operating Seaward of Designated Swimming Area in
AL/C (Aquatic Lands/Coastal) Zone
Zoned - CR-28 (Resort Commercial)
Mr. Hamilton declared a conflict of intcrest (see attached) and advised he would not take part in tile discussion
or vote on the subject request.
Since Mr. Hamilton declared a conflict of interest, there was no quorum to hear the above request and it was
continued to the Planning and Zoning Board Meeting of October 3,1989.
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P & Z MINUTES
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09/19/89
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Request - Marina (two liveaboard slips and one pumpout facility at existing marina)
Zoned - CB (Beach Commercial) AND AL/C (Aquatic Lands/Coastal)
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4. M&B 42.07, Sec. 15-29S.15E (719 South Missouri Avenue)
Edmund & Therese Morrissey/Greg Mackin
CD 89-68
Request - Vehicle Service (Minor Aulomotive work and Repair)
Zoned - CG (General Commercial)
Mr. Hilton gave the background of the case and submitted, in writing, the staff recoIIll11endation.
Mr. Greg Mackin, real estate agent for the properly owner, showed photograph samples of the proposed building
and he explained the surrounding uses. He felt the use is in compliance with the zoning district. After questioning
by Mr. Schwob, Mr. Mackin advised he has no objection to not permitting major repairs. He listed repairs
proposed to be done at the property and stated vehicles are to be repaired within one hour to avoid customers
having to wait or return for vehicles. He advised all repairs are done without removal of major engine parts. He
clarified there will be no overnight parking.
Mr. Schwob stated there appears to be no problem with the project.
After questioning by Ms. Nixon, Mr. Mackin stated plans are to have a wooden fence across the east side of the
property and applicant would have no problem if fencing is required.
No persons appeared in support of or in opposition to tlIc above request.
Mr. Schwob felt the one letter of objection referred more to a full service type operation.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the
following: 1) That the building permit be obtained within six (6) months; 2) That no major repairs be performed
on the property; and 3) That a buffering fence be installed between vehicle service facility and property to the
east. Motion carried unanimously (5 t() 0).
5. Lot 8 and Part Lot 9, Blk. C., Cleanvatcr Beach Park 1st Add. Rcplat (463 East Shore Drive)
Paschoalina Callis Potter
CD 89-69
Mr. Hilton gave the background of the case and submitted, in writing, the staff recommendation.
Ms. Paschoalioa Callis Potter, properly owner, stated she is requesting two liveaboard slips. After questioning
by Board members, Ms. Potter advised as follows: There is enough parking for 18 cars; she currently has two
liveaboard rentals; and she understands approval will be contingent upon the Harbormaster's approval.
In opposition to the above request, the following persons appeared to give their comments:
Mr. Lany Sandefer. representative of adjacent property owner, stated as follows: there is not enough parking,
garages were enclosed and are now being rented; the Sea Rescue works from the subject dock with 2 boats
operating from one slip; the radios for the Sea ResctJ.e are on all night to get calls; and, the adjacent property
owner's customers have witnessed people urinating from tae subject dock. Mr. Sandefer stated the adjacent
property owner's customers are elderly and usually stay a long time. He stated the adjacent property owner's
property value will be affected and the parking may be used by others. He also stated the City is now looking
into some of these problems and possibly the Board should continue the request until other questions are
resolved. Mr. Sandefer stated the proposed use will not be compatible with the surrounding uses.
Mr. Ron Perrott. 1558 Belleair Lane. expressed concern about some of the things going on at the subject
property, such as fights at night, selling parking spaces on weekends, and possible not enough parking. He stated
the police have been called many times. He stated tlle Sea Rescue boats leave radios on all night and he does
not know where sewage is currently being dumped. He felt it is not proper to have liveaboards all along
Clearwater Beach. After questioning by Mr. Sch.wob, Mr. Perrott stated both the Sea Rescue and the liveaboards
have been reported to the Harbormaster.
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Mr. Bill Held Harburmaster. Citv of Clearwater. stated he did respond to complaints. He stated he contacted
the property owner and advised her of the procedwe to follow to get approval of Iiveaboards. He stated the
applicant obtained 2liveaboard temporary permits for 2 weeks and the boats are inspected for proper marine
P & Z MINUTES
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09/19/89
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Request - Annexation and Zoning RS-8 (Single Family Residential "Eight")
The above property is located at the southwest corner of the intersection of Grove Circle and Highland Avenue.
Mr. Jules Bishara, one of three partners, stated applicant want to expand the property and there would be no
negative impact on the neighborhood. He also stated annexation is requested in order to received City sewer
services. He stated a conditional use request to expand the ACLF will be presented at a later date.
Ms. Nixon advised Mr. Bishara that approval of the annexation does n()t guarantee that a conditional use request
to expand the ACLF will be approved.
Mr. Polatty gave the background of the case and submitted, in writing the staff recommendation.
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sanitation. He advised he explained to the applicant that conditional use approval could be obtained but she
would need to provide pumpout facilities and parking. He stated the boats currently do have proper sanitation
facilities. After questioning by Board members, Mr. Held advised as follows: The Sea Rescue boats have been
reported to City Staff and Occupational License is investigating; the Sea Rescue request would need to go before
this Board; the temporary liveaboard permits have expired; there are those who do use pumpout station and
those who do not; the Harbormaster's office must look at the condition of the boats to see of the liveaboards
are responsible people; and, th.e Harbormaster's office had to issue a Dotice of violation to get applicant to apply
for temporary permits. He furtl1er stated his office m.ust rely on boaters to see sewage is disposed of property
as the City has no way of monitoring to see if sewage is being disposed of properly.
In opposition rebuttal, Mr. Sandefer stated he felt there is a bad track record with liveaboards and he felt permits
were only obtained when applicant was forced to do so. He felt alloVling the liveaboards would not be a good
precedent to set.
In opposition rebuttal, Mr. Perrott stated after he complained to the lIarbormaster he was not advised that the
situation was being worked on.
In final rebuttal, Ms. Potter stated the liveaboards are two single men wl10 go to the marina each day to dump
sewage. After questioning by Board members, Ms. Potter advised as follows: She only rented out 2 parking spaces
2 years ago; she has 7 rental units; the Sea Rescue people rescue boaters stranded in the water; she does not
know if the Sea Rescue charges for its efforts; and, she charges the Sea Rescue $50 a month for each boat. Ms.
Nixon advised applicant conditional use approval for commercial use at the location would be required.
Mr. Schwob stated liveaboard requests are a delicate situation becallSc of the sewage disposal and noise.
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Mr. Green stated because of the closeness of the adjoining property owners and the concerns about parking he
would have a difficult time in approving the request.
Mr. Hamilton expressed concern about the aesthetics of the liveaboard situation and felt there may be many
requests to allow liveaboards if the use is approved. He stated he cannot support the request due to the noise,
compatibility, and parking. Mr. Hamilton felt more dock space was needed but not more liveaboard space.
Mr. Mazur stated that requests for docks this Board reviews have been approved with a condition that there
be no rental slips for persons other than occupants and felt this Board would not be consistent if it approved the
request.
Motion was made by Mr. Schwob, seconded by Mr. Mazur, to deny the above request. Motion carried
unanimously (5 to 0).
The Board recessed at 4:10 PM and reconvened at 4:15 PM.
C. Annexation, Zoning, Lmd Use Plan Amendments, and Local Planning Agency Review:
1. Lot 16, Grove Circle Sub., (Located at the southwest corner of the intersection of Grove Circle and
Highland Avenue)
(South, Aguiar & Bishara)
A 89-16
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\._ No persons appeared in support of or in opposition to the above request.
P & Z MINUTES
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09/19/89
2.
Lot 25, Crystal Heights Sub. (Located on the Vlest side of K Street, 100 feet south of the intersection
with Bay Lane)
(lIarding)
A 89-17
Motion was made by Mr. Schwab, seconded by Mr. Mazw, to recommend approval of the annexation and RS-
8 (Single Family Residential"Eight") zoning. Motion carried unarWnously (5 to 0).
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Request - Annexation and Zoning RS-8 (Single Family Residential "Eight")
The above property is located on the west side of K Street, 100 feet sautl) of the intersection with Bay Lane,
The applicant was not present.
Mr. PoIatty gave the background of the case and submitted~ in writing, tbe staff recommendation.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Mazur, seconded by Mr. Schwob, to recommend approval of the annexation and RS-
8 (Single Family Residential "Eight") zoning. Motion carried unanimously (5 to 0).
3. Let 26, Crystal Heights Sub. (Located on the west side of K Street, 20 feet south. of the intersection
with Bay Lane)
(Walker)
A 89-18
Request - Annexation and Zoning RS-8 (Single :Fanlily Residential "Eight")
The above property is located on the west side of K Street, 20 feet south. of the intersection with Bay Lane.
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The applicant was not present.
Mr. PaIatty gave the background of the case and submitted~ in writing, tbe staff recommendation.
No persons appeared in support of or in opposition to th.e above request.
Motion was made by Mr. Schwab, seconded by Mr. Mazw, to recommend approval of the annexation and RS-
8 (Single Family Residential"Eight") zoning. Motion carried unanimously (5 to 0).
4. Lets 5 through 7~ Blk. B, Norwood Sub. (Located at the southeast comer of North Myrtle Avenue
lUld Marshall Street)
(()kuboye and Zayyad)
LUP 89-10 Z 89-12
Land Use PIan:
FROM: Low Density Residential
TO: Residential/Office
Zoning Atlas:
FROM: RM-8 (Multiple Family Residential"Eight")
TO: OL (Limited Office)
The above property is located at the southeast corner of North Myrtle Avenue and Marshall Street.
Dr. Okuboyc, applicant~ appeared to answer any questions the Board may :have. After questioning by Ms. Nixon,
Dr. Okuboye advised he was not required to pay a second application fec,
Mr. PoIatty gave the background of the case and submitted, in writing, the staff recommendation.
No persons appeared in support of or in opposition to the above request.
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Motion was by Mr. Schwab, seconded by Mr. Hamilton, to recommend approval of tite Land Use Plan
amendment frol11 Low Density Residential to Residential/Office and a Zoning Atlas amendment from RM.8
(Multiple Fatnily Residential "Eight") to OL (Limited Office). Motion ca:rried unanimously (5 to 0).
P & Z MlNU'l'ES
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09/19/89
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F. Board and Staff Comments
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Ms. l'lixon requested if a policy similar to the anlOrtization of the sign ordinance policy could be instituted to
require all dumpsters be enclosed.
Mr. Eamilton advised the appeal of Pick-Kwik will be heard before the hearing officer on September 22, 1989.
Meeting adjourned at 4:35 PM.
James M. atty, Jr., AICP, Dire tor
Planning an Development Depar t
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P & Z MINUTES
7
09/19/89
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
N^"'t: e)l" HOARD. COUNCIL. COMMISSION. ^UTlIORITY. OR COMMll' EE
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IIIE 1l01\RO. COUNCIL COMt>llSSION, ^UrIlORIlY. OR CO 'MITlEE ON
WItICII 'SERVE IS ^ UNI1 OF:
L~sr N^MF.-nR~T NAME-JOIlU: N^ME
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J I I ' COlJNI Y I! 01 IIt.1t lOCAl A<;ENCY
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N^"'E or POll r1l^1. SUBDIVISION:
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U^IE ON WHICII YOI I: OCCURRU>
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MY I'OSIIION IS:
,Y-.AI'POIN'IVE
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WHO MUST FILE FORM 88
This form is for use by any pcrson serving at the count)', city, or othcr locallc\'cl of governmcnt on an appointed or elected board,
council, commission, authority, or COIllJllitlee. II npplies equally 10 llIembcrs of IIdvisory IInd non-advisory bodies who are presented
with a voting conflict or inlerest ullder Scrlilll1 112.314J. Florida Statutes. Thc requiremcnts or this law arc mandatory; although
the use or this particular form is not required by la\\', YOll arc cncouraged to use it in making the disclosure requircd by law.
Your respomibilities under the 111\\' whcn faced wil IT a measure in which )'011 ha\'e il conllicl or interest will \'lIry greatly dC(1cnding
on whether YOll hold an elective or appointivc position. For this reason, pleilsc pay close attention to thc instructions on this forln
before completing the reversc side and filing t he form.
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
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ELECTED OFFICEHS:
'I A persoll holdingelcclivc collnly, municipal, 01 oIlier local public nllicc f-dUST ABSTAIN flOlIl voting on a measurc which inures
!i to his special pri\'ate gaill. Eacl1locill ofTiccr aho is prohibited froll1 k lIo\\'ingly \'oting on a measure which inures to the spccial
gain of a principal (olhcr than a lJo\,'crlllllcnl ngenc\l) b\l whom he is retained.
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~ III either case. )'0\1 should disclose the conflict:
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~ PRIOR TO rilE VOTE BEING l;\J<EN by publicly Slalin!! 10 the assembly Ihe naturc of your inlClest in the measure 011
which YOll are abstaining frolll \'01 ing; and
WITHIN 15 DAYS ^FTER THE VOTE OCCURS by COll1pkling and filing this rorlll with tile person responsible for recording
the minutes of the mceling, who ~hollld incorporate the form in the minutes.
APPOINTEU OFI:ICEHS:
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A persoll holding appointivc county, municipal. or other local public orfice tv1 UST ABSTAI N from voting on a measure which
inures to his spccial private gain. Each local officer also is prohibited Iro\l1 knowingly voting on a measure which inures to the
special gain of a principal (other than a governlllcnt <lgency) by \\'holl1 he is rewined.
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A person holding an appointive local office othcrwise may panicipalc in a matter in which he has a conniet of interest, but ITlllSt
disclose the nature of the conflict before making any attempt to influcnce the decision by oral or writtcn communication, whether
made by the officer or at his'dircction.
iF YOU INTEND TO MAKE ANY I\TTEt\IPT TO INf-LUENCE TIlE DECISION PRIOR TO TilE t\IEETING Ar WHICH
THE VOTE WILL BE TAKEN:
t .tJ should complete and file this forlll (herolt? nwking any allcmpl 10 influence thc decision) with the persoll rcsponsible for
"'",...~cording the minutes of the Illeeting, wl10 will incorporate Ihc 101m in the minlltes.
· A copy of the form should be pro\'ided iml11cdialely to Ihe OIlier Illcnlbcrs or the agcncy.
· The form should be rcad publicly at the mceling priO! to consideration of the mallcr in which you have a conflict of interest.
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. YOII should disclose orally Ihe Ilalllle of your conflict ill the measurc hcforc participaling.
. You should cOl1lplcle Ihe forl11 and file it within 15 days aflcr the \,ole occurs with the pcrson res[)onsiblc for recordillg the minutes
of Ihe l11eClil1g., who should ill~orp(lrale Ihe forlll ill Ihe millules.
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IF YOU MAKE NO A1TEMI'r TO INr-LUENCE TilE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
(-, f-/CU~:I1' J-J-0'?herehl' disclose thtl' on _ it //9
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(a) A IIIcasure camc or will come bel'ore Ill)' agency which (check onc)
__ inured to my special privatc gain: or
! _ inured to the sped'll g.ain of _,______.._..______
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. (b) lhc IlICUSlIle berolc my agclH:y ami the lIalllle of illY interest in t he measure is as follows:
, by whom I am retained.
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SIgnature
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NOTICE: UNDER PROVISIONS Of- FLORIDA STATUTES ~IJ2.317 (191\5). ^ FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND 1\"1 A Y BE PUNISHED BY ONE OR ~10RE OF THE FOLLOWING:
ll\lPEACHr\'lENT, REMOVAL OR SUSPENSION FRO"-,) OfFICE OR E~1PLOYMENT, DEMOTION, REDUCTION IN
SA LAR Y, REPRIMAND, OR A CI\'IL PENALTY NOT TO EXCEED $5.000.