12/19/1989 (2)
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P&Z
PLANNI NG & ZONING BOARD
. DATE
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PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
ACFION
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AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, DECEMBER 19, 1989 - 2:00 PM
A. Approval of minutes of October 31, 1989
Approval of minutes of November 14, 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 EA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
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B.
Conditional Uses:
1. Lots 2 and 3, Bamboo Sub. (520 and 522
Bamboo Lane)
SDS Investments (Carlisle Motors)/Emil
C. Marquardt, Jr.
CU 89-96
Request - Vehicle Service
Zoned - CO (General Commercial)
2. Lot 7, Windsor Woods (1693 Elm Place)
Donald Fulton (St. Croix)
CU 89-97
Request - Level I Group Care (Total of
8 residents)
Zoned - RS.6 (Single Family
Residential)
3. Lot 1, Northside Square (3211 U.S. Hwy
19 North)
Northside Square Associates (Felice
Italian Pork Store and
Deli)lBowersl Alford
CU 89-98
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Request - 2.APS (Package Sales of
Beer and Wine) (CHANGE
OF BUSINESS
OWNERSHIP)
Zoned - CH (Highway Commercial)
P & Z AGENDA
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12/19/89
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ANNEXATION. WNING. LAND USE PLAN AMENDNENTS. AND IDCALPLANNING AGENCY
REVIEW:
(1)
(2)
(3)
Statement of case by applicant - 5 minutes
Presentation by staff - 5 minutes
Comments from public in support/opposition:
individual - 3 minutes
spokesperson for group - 10 minutes.
Public Hearings are closed
Discussion/Action by Board
(4)
(5)
C. Annexation. Zonins!. Land Use Plan
Amendments. and Local Planniop,: A~encv
Review:
1. Blk. 5, Lot 12, Bayview City Sub. (Located
at 3000 Caroline Avenue)
(Secure Rental Housing)
A 89-21 LVP 89-17
Request - Annexation & Zoning, RS-8
(Single Family Residential
'Eight")
2.
Land Use Plan.
FROM: None
TO: Low Density Residential
Lot 18 and west 50 feet of Lot 17, Blk. C,
Sunny Park Groves (located at 1401 Citrus
Street)
(Smyth)
A 89-19 LVP 89-15
Land Use Plan
FROM: None
TO: Low Density Residential
D. Cbairman~s Items
E. Director's Items
DISCUSSION ITEM:
RE: Proposed Land Development Code Text
Amendments
F. Board and Staff Comments
P & Z AGENDA
2
12119/89
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MINUTES
PLANNING & ZONING BOARD
TUESDAY, DECEMBER 19, 1989 - 2:00 PM
Members Present:
Vice Chairman NL"\:on, Messrs. Ferrell, Green, Hamilton, Mazur and Schwob
ALSO PRESENT: M. A. Galbraith, Jr., City Attorney
Chairman Johnson
Members Absent:
A. Due to noncompletion of the minutes of October 31, 1989 and November 14, 1989, no action was taken.
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.
fi"'EMS ARE USTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. Conditional Uses:
1. Lots 2 and 3, Bamboo Sub. (520 and 522 Bamboo Lane)
SDS Investments (Carlisle Motors)/Emil C. Marquardt, Jr.
CU 89-96
Request - Vehicle Service
Zoned . CG (General Commercial)
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A letter was received from applicant's representative requesting continuance of the above request to the Planning
and Zoning Meeting of January 2,1990.
Motion was made by Mr. Hamilton, seconded by Mr. Schwob, to continue the above request to the Planning and
Zoning Meeting of January 2, 1990. Motion carried unanimously (6 to 0).
2. Lot 7, Windsor Woods (1693 Elm Place)
Donald Fulton (St. Croix)
CU 89-97
Request - Level I Group Care (Total of 8 residents)
Zoned - RS-6 (Single Family Residential)
Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation. Mr. Richter
also advised that Clearwater has a pending ordinance that would bring the City's Code into conformance with
State Law. He stated that one of the proposed changes is to eliminate facilities that would have 7 or more cared-
for persons within a household. He added that State Lawmakes it a requirement that 1 to 6 cared.forindivlduals
be permitted as a matter of right within single family zones provided the separation distance is met but the State
Law does not make any requirements regarding 7 or more individuals. He stated that Clearwater's Code is
proposed to be amended to exclude 7 or more individuals in single-family zones.
Mr. Donald L. Fulton, applicant, advised the State has recently changed its rules that allows up to six (6)
residents. He stated he only has live-in staff and he wants to increase his staff. He states his facility does a large
amount of after-hospital rehabilitation for persons who have broken hips or fractured backs and who are
ambulatory but still have some difficulties and cannot go home yet. He stated he has been opened for 1 1/2 years
without complaint and he was open 6 months without area residents knowing the facility was at the location. Mr.
Fulton submitted a statement signed by 4 area residents which states the ACLF does not detract from the
neighborhood (see attached). He stated he is allowed the clientele and is merely asking for approval of additional
staff.
After questioning by Board members, Mr. Fulton advised as follows: He currently has 5 patients and 1 staff; he
is allowed 6 clients and he wants 2 staff members; the average age is 75 to 80 years of age; the average length
of stay varies from 6 weeks to 6 months; there are no plans for remodelling as the dwelling is now built for 6
clients and 2 employees; the garage will be used for parking; the house has 4 bedrooms and 2 bathrooms to be
used by 6 clients and 2 employees. After questioning by Mr. Polatty, Mr. Fulton stated he currently has one staff
person and 5 residents.
P & Z MINUTES
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After questioning by Board Members, Mr. Richter advised as follows: State law makes provisions to not require
local government approval for up to 6 residents within single-family district provided a certain separation distance
is met but no provision whatsoever is made for 7 01' more individuals within single-family districts; if an ACLF
is located outside the corporate limits, the City may not have knowledge of it; the State Law was passed because
there are too many jurisdictions in Florida that make no pmvisions for such facilities and the StatelOs lack of
addressing 7 or more should not be looked at as though the State does not want to provide for it but leaves the
discretion up to the jurisdiction; and, Staff is recommending denial because it believes the facility with eight
adults is not compatible in a single-faIUily zone, in which there is typically located 2.2 persons per hOllsehold.
In opposition to the above request, tIle following person appeared to give her comments:
Ms. Mary Moran. 2055 N1lf&et Drive. stated the facility has increased traffic in the neighborhood, mainly due
to visitors or ambulances picking up or dropping off people. She stated she and her neighbors have called City
Hall and different places during the past year to complain. Sh.e also stated when she bought her hom.e 8 years
ago the area was residential and she did not know a business would be conducted at the subject location. She
felt the facility was not safe for the children. She stated all the neigh.bors she spoke to in the development are
against the request but most of the neighbors work and cannot be present. She felt the residence was not large
enough to accommodate so many people in a single-family neighborhood. After questioning by Ms. Nixon she
stated she is aware he is allowed a total of 6 persons. She also stated Mr. Fulton does not reside at 1693 Elm.
Place.
In final rebuttal, Mr. Fulton stated 1693 Elm Place is one of lUs residences. He stated he is currently residing
at 1693 Elm Place since the facility is not full. He stated he will be the second person living there to take care
of clients. He further stated the people who signed the statement signed it on their own. He stated he has never
had a problem nor a complaint through HRS or the City.
After questioning by Board Members, Mr. Fulton stated as follows: He has never had 6 residents; and, the
gentlemen who wrote the letter of objection previously worked for Mr. Fulton and now works in an unlicensed
facility next door, which is being investigated by HRS.
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Ms. Nixon expressed concern that this Board has approved many requests to increase number of people from
6 to 8 people. After questioning by Mr. Hamilton, Mr. Richter stated the Board would not be selective in
disapproving the request because we are now looking to tailor our laws in conformance with State law. He
further stated Level II Group Care allows 7 to 10 persons, but the City is choosing to be more selective of the
location of facilities located in single family zones. After questioning by Ms. Nixon, Mr. Richter stated that City
laws arc changing but they have not changed as of yet. Mr. Polutty stated the issue before the Board is whether
8 adults in one house is too many is the issue.
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Mr. Nixon felt 8 adults in one house is too many but she thought this Board has allowed an increase from 6 to
8 unless there were flagrant violations of rules.
Mr. Schwob Rtated each case is handled individually but there is now State involvement and a proposed Code
amendment. He felt tills Board has always looked at the circlUllStances of the case and made a decision based
on those circumstances
Ms. Nixon stated the applicant is not chal1ge the footprint or size of the building and she expressed concern
about changing policy before the Land Development Code amendment is finalized.
Mr. Green stated he has no problem agreeing with staff on tb.is request and, though he is not against ACLFs,
if they get too large. the ACLFs are incompatible with surrounding properties. He stated compatibility is one of
the criteria whether a use should be approved. He felt the applicant seems to be a good man but be agrees with
staff in regard to the number of people at the ACLF versus the neighborhood.
Motion was made by Mr. Schwob, seconded by Mr. Mazur, to deny the request. Motion to deny carried (5 to
1) with Ms. Nixon voting "nay."
Ms. Nixon advised the applicant he has two weeks from this date to file an appeal with the City Clerk's Office.
Ms. Nixon stated for the record she agrees with the decision and she felt it is a good idea to have an ordinance
change the requirements; however, since the ordinance in not in effect at this time and consistently ill the past
this Board has allowed up to 8, she felt it was unfair to Mr. Fulton.
P & Z MINUTES
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Request -
Zoned -
2-APS (Package Sales of Beer and Wine) (CHANGE OF ElJSINESS OWNERSffiP)
CH (Highway Commercial)
3. Lot 1, Northside Square (3211 U.S. Hwy 19 North)
Northside Square Associates (Felice Italian Pork Store and Deli)fBmvcrs/Alford
CU 89-98
Mr. Richter gave the background of tlIe case and submitted, in writing, the staff recommendation. He also
advised the Police Department saw no reason to deny license to applicant.
Mr. Richter advised that one letter of support and two letters of objection were received regarding the subject
request.
Mr. William Alford, representative of applicant, stated the business has been operating for three years. He stated
applicant sells specialty type beer and wine which is very expensive. He stated the request is for a change of
business ownership. After questioning by Board members, Mr. Alford advised as follows: The percentage of
alcoholic beverage sales is less than 10(0 of gross sales; the new owner will operate l111dcr the same hours of the
current owner; the operation is not open on Sunday; and there are beer sales by the single unit.
In opposition to the above request, the following person appeared to give her conunents:
Ms. Marf!3l'et Becker. 2465 Northside... Unit 502. stated the residents were solicited tIte support the shopping
center when it was developed and were told the center would be a daytime comlDercial area. She stated the
residents were told the center would be compatible with the area. She felt approval of this request would lead
to the downfall of the original agreement. She felt since the percentage of sales from alcoholic beverages is so
small it should not have an adverse economic impact to the owner. After questioning by Board members, Ms.
Becker advised she understands any changes at the establishment must go before this Board and she stUI objects
to the request.
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In rebuttal, Mr. Alford assured Ms. :Becker that no changes will be taking place at the establishment. He stated
the establishment is a place to buy specialty meats and beer or wine to go with the m.eats.
Mr. Schwob felt there should be no affect on the neighborhood since the hours of operation and the operation
itself are not changing.
Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to the following:
1) the requisite occupational license being obtained within six (6) months; and, 2) the following hours of
operation: 9:00 a.m. - 6:00 p.m. weekdays and weekends. Motion carried unanimously (6 to 0).
c. Annexation. ZonioJt. Land Use Plan Amendmel1tc;. and Local Plannillg kCDCY Review:
1. Blk. 5, Lot 12, Bayview City Sub. (Located at 3000 Caroline Avenue)
(Secure Rental Housing)
A 89-21 LUP 89-17
Request - Annexation & Zoning, RS-8 (Single Family Residential "Eight")
Land Use Plan
FROM: None
TO: Low Density Residential
The above property is located at 3000 Caroline Avenue.
The applicant was not present.
Mr. Polatly gave the background of the case and submitted, in writing, tlte staff recommendation.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Mazur, seconded by Mr. Hamilton, to recommend approval of the request for
annexation, RS-8 (Single Family Residential"Eight") zoning, and a Land Use Plan aIDen.dment from none to Low
Density Residential. Motion carried unanimously (6 to 0).
P & Z MINUTES
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2. Lot 18 and west 50 feet of Lot 17, Blk. C, Sunny Park Groves (located at 1401 Citrus Street)
(Smyth)
A 89-19 LUP 89-15
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Land Use Plan
FROM: None
TO: Low Density Residential
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The above property is located at 1401 Citrus Street.
The applicant was not present.
Mr. Folatty gave the background of the case and submitted, in writing, the staff recommendation.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the Land Use Plan
amendment from none to Low Density Residential. Motion carried unanimously (6 to 0).
D. Chairman's Items
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Ms. Nixon stated she received a verbal requested to bring up the subject of reconsidering the Board decision of
October 3, 1989 wherein the Board denied the request of Chubby's Cafe (CD 89-74) for on premises
consumption of alcoholic beverages under a 2-COP license.
Mr. Hamilton felt if the request is heard before a hearing officer the Board's decision will be overturned.
Discussion followed regarding the possibility of reconsidering conditional use requests. The Board expressed
concern that if a reconsideration procedure is put in effect the Board will be reconsidering every request it now
denies. Mr. Polatty advised that the Land Development Code does not provide for reconsideration and the
applicant would be required to wait 9 months to refile an identical application.
Mr. Galbraith stated the only conditional use he recalls being reconsidered was a request that was incorrectly
advertised. He advised that, should the Board decide to reconsider the request, the request should be re-
advertised. He advised that an affected party can appeal a decision and the decision is not final until after
conclusion of the hearing officer appeal. He stated that, should the Board decide to effectuate a reconsideration
procedure, the Board may only want to consider those items where the staff recommendations and the Board
decisions differ.
Mr. Galbraith advised no motion is necessary unless the Board decides to reconsider the request of Chubby's
Cafe.
E. Director's Items
DISCUSSION ITEM:
RE: Proposed Land Development Code Text Amendments
Discussion followed regarding the proposed Land Development Code Text amendments that will be scheduled
before the Board in the next several months. Mr. Galbraith suggested the amendments be placed in the following
two categories: 1) Those amendments that must be completed by May 31, 1990 in accordance with the
Comprehensive Plan; and, 2) Those amendments that must not be completed by May 31, 1990. Discussion
followed regarding streamlining the application procedures and the different criteria used by the Development
Code Adjustment Board and the Planning and Zoning Board in making their decisions.
Meeting adjourned at 4:24 PM.
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P & Z MINUTES
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CITY OF CLEARWATER
InterdBpartment Correspondence
TO:
SUBJECT:
Susan Stephenson, Documents and Records Supervisor, City Clerk Department
Laura Burgess, Staff Assistant II, Central Permitting Department~
Planning and Zoning Board Minutes
FROM:
COPIES:
DATE:
July 6, 1995
As you requested yesterday, I am sending you the Planning and Zoning Board Minutes for 1988, 1989
and 1990 for your office to microfilm. Doreen indicated to me that these are all that we have in the
office and minutes from previous years have already been sent to your office.
Thank you for your assistance.
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