01/05/1988
P&Z
PLANNING &. ZONING BOARD
DATE
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ITEM
ACTION
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AGENDA
PLANNING & ZONING BOARD
TUESDAY, JANUARY 5, 1988 - 1:30 PM
A. Approval of minutes of December 15, 1987
CONDITIONAL USES'
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined
below:
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1. The Chairman reads from the Public HearLng Notice eacl1 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
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:
1 . (REQUEST FOR EXTENSION)
The Regency Sub.
(2552 Gulf-to-Bay Blvd.)
Hardee's Lease P~rtners/Sandra L. Baney
CU 87-54
Request - 4-COp (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
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P & Z AGENDA
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01/05/88
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Lots land 2, Harrington Sub.
(500 North Ft. Harrison)
Michael PodniestrzanskiJ
Robert or JoAnn Frederici
CD 87-98
(CONTINUED FROM 12/15/87)
Request - Vehicle Service
Zoned - CG (General Commercial) &
RM-28 (Multiple Family Residential nTwenty-eight")
3. Lot 14 and Part Lot 13, Blk. C
Barbour Morrow Sub.
(401 East Shore Drive)
Ramchandra R. & Rashmi Jakhotis/
William Taylor
CD 88-01
Request - Marina (addition of new bath house
& renovation of bait shop)
Zoned - CB (Beach Com~ercial)
4.
Part Lot 9, Clean~ater
Industrial Park
(2080 D Calumet Street)
Arthur J. & Julia Wedekind!
Gene Babls
CD 88-02
Request - Vehicle Service
Zoned - IL (Limited Industrial)
5. M&B 21.01, 21.011, and 21.02
Sec. 11-29S-15E
(1627 North Highland Avenue)
Highland Plaza Associates/
Ritch Crawford
CD 88-03
Request - Animal Grooming Facility
Zoned - CG (General Commercial)
6. Lot 41 thru 43 and Part Lot 40
Enghurst Sub., 1st Addition
(1300 North Ft. Harrison)
Wieland Irle
CD 88-04
Request - 4-COP-SRX (On Premise Consumption
of Alcoholic Beverages)
Zoned - CN (Neighborhood Commercial)
P & Z AGENDA
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7.
Part of Lots II I-A, 2 and 2-A
Columbia Sub. ff3
(316 Harnden Drive)
Derek & Juleen Upsall/ Mark Hyatt
eu 88-05
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Request - Marina (renovation of dock)
Zoned - CR-28 (Resort Commercial "Twent y-Eight")
8. Lot 5, Countryside Village Square
(2569 Countryside Blvd., #8)
Countryside Village, Ltd.
CU 88-06
Request - 2-COP (On Premise Consumption
of Alcoholic Eeverages)
Zoned - CC (Commercial Center)
ANNEXATION" & ZONING & LANDS USE PLAN" AMENDMENTS:
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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 - LO minutes
(4) Public Hearings are closed
(5) Discussion/Action by Board
c. Annexation and Zoning
1. Lot 161 Blk. A
Pine Ridge Sub.
(Located on the north side of
Parkwood Street, east of
Betty Lane)
(Oremland)
A 87-44
Request - Annexation and Zoning, RS-8
(Single Family Residential "Eight")
D. Land Development Code Amendment:
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(Chapter 135, Sec. 135.112 & 135.1180)
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Relating to the Resort Commercial
"Twenty-Four" and Resort Commercial
"Twenty-Eight" districts, respectively
to provide that all alcoholic beverage
sales tn such districts, whether for
consumption on the premises or by
package sales, shall be located within
a hotel or restaurant only.
P & Z AGENDA
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2. (Chapter 136, Sec. 136.022)
To provide that whenever property
is used to meet the minimum off-street
parking requirements for any use, then
the on-site parking available to serve
that use may not be reduced, nor may
the property be sold or otherwise
rendered unavailable to that use,
unless replacement parking is approved
by the City.
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E.
Chairman's Items
F.
Director's Items
1. Planning & Zoning Rules and Regulations
2. Election of Chairman and Vice-Chairman
G.
Board and Staff Comments
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P & Z AGENDA
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01( 05/ 88
MINUTES
PLANNING AND ZONING BOARD
TUESDAY, JANUARY 5, 1988 - 1:30 PM
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aembers Present:
Chairman Johnson, Ms. Nixon, Messrs. Ferrell,
Green, Hamilton, Hogan, and Schwab
Also Present: M. A. Galbraith, Jr., City Attorney
A. Due to noncompletion of minutes, motion was made by Mr. Hogan, seconded
by Mr. Green, to continue approval of minutes of December 15, 1987 to the
Planning and Zoning Meeting of January 19, 1988. Motion carried
unanbnously (7 to 0).
Chairman Johnson outli.ned the procedures for co.lJitianal uses and advised that
anyone adversely affected by a decision of the Planning and Zoning Board, with
L-egard to conditional uses, has two weeks from this date i.n which to file an
appeal through the City Clerk's Office. Florida Law requires any party
appealing a decision of thi.s B08rd to have a record of the proceedings to
support the appeal.
B. Conditional Uses:
1. (REQUEST FOR EXTENSION)
The Regency Sub.
(2552 Gulf-to-Bay Blvd.)
Hardee1s Lease Partners/Sandra L. Baney
CU 87-54
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Request - 4-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
A. letter dated December 31, 1987 has been received from the applicant who
seeks to withdraw the above request for extension.
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Motion was made by Mr. Schwob, seconded by Mr. Hogan, to accept the withdrawal
of the above request Eor eKtension. Motion carried unanimously (7 to 0).
2. Lots land 2, Harrington Sub.
(500 North Ft. Harrison)
Michael Podniestrzanski/
Robert or JoAnn Frederici
CU 87-98
(CONTINUED FROM 12/15/87)
Request - Vehicle Service
Zoned - CG (General Commercial) &
R~1-28 (Nultiple Family Residential "Twenty-eight")
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M.s. Harvey advised that the applicant has filed a revised application that
wi.ll necessitate a public hearing advertisement. Ms. Harvey stated, though
many persons are present who are interested in the above request, the revised
request is scheduled to be heard January 19, 1988. She advised th.e revised
application t'equests approval of uses over both Lot 1 and Lot 2. Ms. Harvey
recommended that this Board table the above request since the above request is
not what applicant desires.
P & Z Minutes
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01/05/88
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Moti.on was made by Mr. Hogan, seconded by Mr. Schwob, to table the above
request. Motion carried unanimously (7 to 0).
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3.
Lot 14 and Part Lot 13, Bik. C
Bar.bour Morrow Sub.
(401 East Shore Drive)
Ramchandra R. & Rashmi Jakhotisj
\.J i Ii i am T a y lor
CU 88-01
Request - Marina (addition of new bath bouse
& renovation of bait shop)
Zoned - CB (Eeach Commercial)
Ms. Harvey advised as tallows: This is a request. under the classification of
marina and actually covers two zoning districts, those being Beach Commercial
on the upland property and Aquatic Lands/Coast.al for the water' area; the
governing sections of the Land Development Code are Sections 136.02S(b) and
(c)(l8); the specific request is to replace an eKisting washette, a storage
facility, and a bath house at the King Cole Motel; a proposed renovation of
the existing bath house will include a new facility; the Traffic Engineer has
no objection if the use does not generate a need for additional parking; and,
the Harbormaster and Environmental Nanagement both have no objection. Ms.
Harvey advised that staff recommended approval of the above request subject to
the building permit being procured wit.hin six months.
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Captain william D. Taylor, representative of applicant, stated that, since the
pier and docks have been renovated, appl icant proposes to replace the out
buildings that the house washettc and bath house and add to the existing bait
shop. He felt the renovation and replacement will improve visitors' impression
of Clearwater Beach. After questioning by Mr. Schwab, Capt. Taylor stated the
uses would be the same as in the past that i.nclude 22 mooring spaces, a small
bath house and a washette that serve the marina and motel, and a small bait
house. After questioning by Mr. Hogan, Capt. Taylor stated there are
Ii veaboa rds at the ma r ina and they a re no t perm it ted to do any pumping out.
Ms. Harvey advised that if there was a problem at the above location with
liveaboards pumplng out the Harbormaster would have made a comment about such
a prob lem.
Chairman Johnson stated he visited the above location and felt the proposed
renovations would be an improvement.
No persons appeared ln support of or Ln opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above
request subject to the building permit being procured within six months.
Motion carried unanimously (7 to 0).
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P & Z Minutes
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01/05/88
4.
Part Lot 9, Clearwater
Industrial Park
(2080 D Calumet Street)
Arthur J. & Julia Wedekind/
Gene Babis
CU 88-02
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Request - Vehicle Service
Zoned - IL (Limited lndustrial)
Ms. Harvey advised as follows: This is a request for vehicle serV1ce in the
Limited Industrial zoning district; the governing sections of the Land
Development Code are Sections 136.025(b) and (c)(27); should the Board approve
the above request, it must specifically authorize major auto repairs; the
Traffic Engineer had no objection; the certiEied site plan indicates there is
an existing building and a proposed building which is the location of the
subject request; according to the application it appears only one of four
units will be used; since there is a proposal to change one of the uses a new
parking requirement is necessary; and it appears there is not enough parking
to serve the new use of vehicle service. Ms. Harvey advised staff had no
objection and recommended approval subject to the following: 1) That a r-evised
sit e pIa n be sub m i t t e d tor e fIe c t v e hie 1 e s e r vie eon the pro per t y; 2 ) Th a t
variance to the parking requirement be obtained if necessary; and, 3) That the
use permit be procured within six months.
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Mr. Donald Borbath, representative of applicant, stated Owens lawn service
uses about 75% of the building and the vehicle service occupies about 25% of
the building. After questioning by Mr. Hogan, Mr. Borbath stated the vehicle
service has been at the above location for about one year and the Occupational
License was transferred from the previous address. After questioning by Mr.
Schwob, !1r. Borbath stated the vehicle serVlce will include engine
replac(~ment. After questi.oning by Mr. Johnson, Mr. Borbath stated there are
two occupants in the building, one being Owens lawn service and one being the
subject vehicle ser~ice. He added that 90% of the vehicle service business is
work done for the lawn service. After questioning by Mr. Hamilton, Mr. Borbath
clariEied that there is usually only one vehicle serviced at a time at the
above location.
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Af ter q ues t ioni ng by Ms. Ha rvey, Mr. Borba th s ta ted that Owens lawn service
only stores vehicles at above location; applicant can get two cars in service
bays at one time; and, there is only one employee at the above location.
Ms. Harvey stated the use for the nursery is a warehousing use which requires
three parking spaces. She added there are nine spaces remaining which is what
is required for the above use. Ms. Harvey stated a revised site plan should
still be required in order that all concer-ned are able to keep track oE uses
on site and parking requirements.
Ms. Harvey advised applicant that the revised site plan 1S the responsibility
of the property owner.
No persons appeared 1n support of or in opposition to the above request.
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Motion was made by Mr. Schwob, seconded by Mr. Hamilton to approve the above
request subject to the Eollowing: 1) That a revised site plan be submitted to
reflect vehicle service on the property; 2) That approval of vehicle service
shall include major auto repair; and, 3) That the use permit be procured
within six months. Motion carried unanimously (7 to 0).
P & Z Minutes
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01/05/88
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5.
M&B 21.01,21.011, and 21.02
Se c. 11 - 2 9 S-15 E
(1627 North Highland Avellue)
Highland Plaza Associates/
Ritch Crawford
cu 88-03
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Request - Animal Grooming Facility
Zoned - CG (General Commercial)
Ms. Harvey advised as follows: This is fl request for an animal grooming
facility in the General Commercial zoning district; the governing sections of
the Land Development Code are Sections 136.025(b) and (c)(3); the Traffic
Engineer had no comment; and the animal grooming faci1ity is located in a
neighborhood shopping center immediately adjacent to COl1lfcnient Food aart. Ms.
Harve y advised tha t s ta f free ommended approva 1 sub je c t to the fa llowi ng: 1)
That all activity be conducted indoors; 2) That there be no outdoor
facilities; and, 3) TIlat the use permit be procured within six months.
Mr. Green declared a conflict of interest
advised he has represented the fami ly in
regarding the above request.
regarding tbe
other mattecs
above request. He
and will not vote
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Mr. Richard V. Crawford, applicant, stated a hours of the grooming facility
wi 11 be from 9: 00 fu'1 to 6 :00 PM. He added he h as two emp 10yees and there wi 11
be no overllight boarding of animals. Mr. Crawford subll1.itted two letters of
support from other tenants 1n the shopping center (see attached). After
questioning by Mr. Ferrell, Mr. Crawford ~ldvised he h<lS been in operation
since November, 1987, he does sell pet supplies but tnere is no overnight
boarding..
No persons appeared ln support of or opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above
request subject to the following: 1) Th at all act ivi ty be conducted indoors;
2) That there be no outdoor activity; and, 3) That the use permit be procured
within six months. Motion carried unanimously (6 to 0) with Mr. Green
abstaining.
6. Lot L.1 thru 43 and Part Lot 40
Enghurs t Sub., Is t Add i ti on
(1300 North Ft. Harrison)
Wieland Irle
cu 88-04
Request - 4-COP-SRX (On Premise Consumption
of Alcoholic Ueverages)
Zoned - eN (Neighborhbod Commercial)
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Ms. Ilarvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the Neighborhood Commercial zonlng district; the
specific state li.cense being applied for is a 4-COP-SRX J.icense; the governing
sections of the Land Development Code are Sections 13 6.025(b) and (c)( 1);
applicant is proposing a banquet hall in conjunction \~ith hi.s restaurant on
North Ft. Harrison; the Traffic Engineer questioned the availability of
parking and the addi.tional 1800 square feet would require 18 more parking
P & Z Minutes
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01/05/88
Mr. Wieland Irle, applicant, stated he wants to extend his existing restaurant
to include the adjacent building for banquet I1se. He advised the parki.ng
situation IS being resolved and he currently has 21 spaces that can b(~
arranged to i.ncrease to 37 spaces. After questioning by Board members, Mr.
Irle advised as follows: the hours in the proposed addition will have the smne
hour.s as the existing restaurant, though cateri.ng to weddings may cause a
later c losing in the banquet room; he thought act lvit ies in the banquet room
would seldom finish after 11 :00 PH; the addition would be used for banquet-
type activities only amI not for overflow restaurant use; there is about 85
feet between the buildings; there will be a serving statton and food warmer
but not a full kitchen; the pr.oposed addi.tion will be under the existing
4-COP-SRX license; and, in regard to whether the two bui Idings will be
connected, the laws of the State of Florida will be met.
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spaces; and, the Police Department saw no reason to deny license to applicant.
Ms. Harvey advised staff recommended approval of the above request subject to
the following: 1) That a parking plan be submitted to the Traffic Engineer for
review and approval; 2) That approval by the City Co~nission of a variance to
the 500 foot separation distance be obtained; and, 3) That the use permit be
obtained within six months.
The follo,.,ing persons appeared 1n support of the above request to gIve their
comments:
.Ms. Michelle Irle, 1402 North Ft. Harrison, stated she is i.n. favor of this
request and felt the value of the services offered will be increased.
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Mr. William 1rle,
sma 11 banque tf, at
groups who cannot
1402 North Ft. Harrison I
the above location but a
use a large banquet room.
s tat e d the r e h a v e bee n 1 a r g e and
room is needed to cater to those
Ms. Yvonne Irle, 1402 North Ft. Harrison, stated they want to make use of the
property adjoining the restaurant.
Mr. Gregory Haputa, 568 Manor Drive, Dunedin, stated he is working with Mr.
lrle on the above project. He stated he has spent considerable time with
Traffic Engineering to work out a parking plan that will meet parking
requirements. He stated the restaurant and parking will conform to building
~lnd parking codes. After questioning by Mr. Schwob, Hr. Haputa stated he
anticipates no problem with the parking plan being approved by the Traffic
Eng ineer.
The following persons nppeareu 1.n opposition to the above request to give
their comments:
Mr. Andrew Obergfell, 1305 North Osceola, stated Mr. Irle's last request was
for a corner bar and he was concerned about noise. He added he would have no
objection t.o a banquet hall but would like to have some assurance that the
banquet hall will not turn into a bar.
~r. Carl~ Bosi, 1309 North Osceola, expressed concern if the banquet hall is
not used st.rictly for banquets but will allow persons off the street to come
into the banquet hall to drink. He also expressed concern about noise.
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Mr. Edward Cruz, 1401 North Osceola, expressed concern that the banquet hall
",ill turn. into a bar at a later time. After questioning by Mr. Schwob, Mr.
Cruz stated that a banquet haLl would not cause problems.
P & Z Minutes
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01/05/88
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Mr. William Surman, 1217 North Osceola, stated this operation \vill be the
third licensed place that Hr. lrle operates. He expressed concern that there
will not be enough parking.
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M.r. \<lalter A.nderson, 1308 North Osceola, stated there are <.l lot 0 f outs ide
influences that bring down a neighborhood and felt there are currently enough
problems in the area such as prostitution, noise and drug dealing. Mr.
Hamilton stated that Mr. Irle should not be blamed for the problems in the
area. Mr. Ferrell stated he understands the objection to a corner bar
operation but felt a group gathering for one reason should not be a problem.
Mr. A.nderson stated there still may be problems \vith drinking, noise, and
traffic.
Ms. Shirley Shrock, 308 Engman Street, expressed concern that the banquet hall
would be used when no banquets are scheduled. She expressed concern that there
will be nothing preventing the banquet hall. from changing operation if the
license is approved.
Mr. Robert Beard, 400 Sunburst Court, stated he didn't think the persons in
opposition were insinuating that Mr. Irle has caused the problems in the area
but felt the citizens have proven that alcohol is the main problem. Mr. Beard
stated he has been in Nr. lrle's other banquet hall and he felt another room
is unnecessary. He stated the parking is inadequate.
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Ms. Mary Helen Maran, 2655 Winding Wood Drive, expressed concern that there is
enough parking. Ms. Harvey advised that without the beneEit of a parking plan
she cannot answer if there is enough parking but that is why it was
recommended that the Traffic Engineer review and approve any proposed parking.
Ms. Maran suggested a fence or wall be installed between the subject location
and adjacent resid~nts.
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Ms. Sue Egan, property owner at 1216 Sunset Drive, felt more liquor sales
would not improve the area and stated she would like to see Hr. lrle help
improve the area.
In rebuttal, Mr. lrle stated he never meant to have a neighborhood bar. He
felt he has been unfairly accused of searching for different types of
alcoholic beverage s~les license. He stated he has spent a lot of money on the
property and pays a lot of money in taxes. Hr. Irle added h<= is a cook by
trade and is not interested in a bar. He stated he has been in the
neighborhood for a long time, his children have been raised Ln the
neighborhood, and he gets along with most of his neighbors.
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After questioning by Board members, ~1r. lrle advised as follows: he did not
understand the requirements of the different liquor licenses and he did not
intend a to have a bar ",hen he made a previous request for alcoholic beverage
sales; he never expected opposition to his request because of his reputation;
the banquet hall will be supervised in the same manner as the restaurant; his
food/alcohol sales used to be 75%/25% but is now 90%/10%; approximately 80% of
his clientele is over 60 years of age; he would not have a bar where people
can enter from the street to get a drink; he would only be opened for
banquets; when he had spoke about changing trends, he meant possibly serving
breakfast in the banquet hall; and, he would have no objection to installing a
fence along the rear of the property.
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01/05/88
Ms. Nixon expressed concern that approval of the above request may not be Ln
the best interest of the neighborhood.
Mr. Hog::m expressed concern about wh<lt may happen to the operatLon in the
future.
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Mr. Hamilton felt it 1S a diffi.cult decision \"hen commer.cial property abuts
residential property and stated he would like to see some way of possi.bly
limiting the operati.on to the banquet hall.
Mr. Schwob fe It the res taurant was close ly supervised by the fami ly and Jor
long time employees. He felt the restaurant has improved the neighborhood and
seems to be a reasonable request.
Mr. Green felt. the banquet facility would be an upgrade to the neighborhood
but expressed concern about the facility changing operations in the future.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above
request subject to the following: l) That a parki.ng plan be submitted to the
Traffic Engineer for review and approval; 2) That approval by the City
Commission of a variance to the 500 foot separation distance be obtained; 3)
That a 6-foot opaque fence be installed between the subject property and the
adjoining resi.dentia1 property to the west; and 4) That the use permit be
obtained within six months. Upon roll call, motion carried (5 to 2) witl\
Ms. Nixon and Nr. I-logan voting "nay.1I
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Par t 0 f Lo t s 1, 1 -A, 2 and 2-A
Columbia Sub. #3
(316 Harnden Drive)
Derek & Julcen Upsall/ Mark Hyatt
CU 88-05
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Request - Marina (renovation of dock)
Zoned - CR-28 (Resort Commercial "Twenty-Eight")
Ms. Harvey advised as follows: This is a request under the classification of
marina and actually covers two zoning districts, those being Resort Commercial
"Twenty-Eight" on t.he upland property and Aquati.c Lands/Coastal for the water
area; the specific request is for the replacement of an existing dock for the
Sea Cove ~1ote 1; the governing sect ions of the Land Development Code are
Sections 136.02S(b) and (c)(I8) j the TraffLc Engineer had no objection if
parking is adequate; and, the Harbormaster and Ellvironmental Management both
had no objection. Ms. Harvey stated her only concern is the back-out parking
but sine e the use is not chang i ng s ta f E recomme nded app rova 1 sub ject t.o the
building permit being obtained within six months.
After questioning by Mr. Ferrell, Ms. Harvey advised staff is looking into the
req ui remen ts for changes such as re p lacemen t s. She added that one d i f E ic ul ty
is that many of the docks in the City of Clearwater were installed without
ever having obtained a permit and when replacement: of those docks take place
it. is required that the proper process be followed.
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Mr. Derek Upsall, applicant, stated that the dock to be replaced has been
there for about. 30 years. lIe advised there is parallel parking along the dock.
After questioning by Hr. Schwab, Hr. Upsal1 stated that the dock is used
mainly for the motel guests and there are no liveaboards.
P & Z Minutes
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01/05/88
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No persons appeared in support of or in opposition to the above request.
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!>1otion was made by Mr. Ferrell, seconded by Hr. Hogan, to approve the above
request subject to the building permit being obtained within six months.
Motion carried unanimously (7 to 0).
8. Lot 5, Countr.yside Village Square
(2569 Countryside Blvd., #8)
Countryside Village, Ltd.
CU 88-06
Request - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
Ms. Harvey advised as follows: TI1is is a request for on premlse consumption of
alcoholic beverages in the Commercial Center zoning district; the specific
state license being applied for is a 2-COP license; the applicant proposes to
open a lounge in the Countryside Village Square Shopping Center; the governing
sections of the Land Development Code are Sections 136.02S(b) and (c)(l); the
Traffic Engineer had no objection; and, the Police Department saw no reason to
deny license to applicant. Ms. Harvey advised that staff recommended approval
subject to the follmving: 1) That approval by the City Commission or a
variance to the 500 foot separation distance be obtained; and, 2) That the use
permit be obtained within six months.
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Mr. Carl Johnson, applicant, stated he proposes to open a bllliard facility.
He felt much of the opposition was directed to the billiard facility rather
than the alcoholic beverage sales. He stated the facility is planned with the
hopes of attracting young executives from the Countryside area and retirees
from the area. He stated he will be partners with his father in the operation.
He advised that he understands the problems with previous operation. He also
advised Ile does not intend a drinking establishment and his request for beer
and wine sales is for the comfort of customers. After questioning by Board
membe rs, Mr. Johns 011 ad v is ed as fo llows: if he ge t s the bee rand \.,ine license
only persons 21 years of age and over will be permitted on the premises; he
hopes to form seniors' leagues; the location of the facility will be the
former dental clinic; there will be 18 professional pool tables in a 6,000
square foot storeroom; hours of operation wi 11 be from 11 :00 AM to 12 :00
midnight. Monday through Thur.sday, 11 :00 AM to 2 :00 AM Friday and Saturday, and
12:00 noon to 12:00 midnight on Sunday; and he hopes to cater to league play.
Ms. Harvey advised that four letters and one petition were received Ul
opposition to tl1e above request.
The following persons appeared in oppas it ion to the above request to give
the il- comments:
~'.'
Mr. Lester R. Warren, 2591 Countryside Boulevard, stated the association
represents about 360 people and the above facility is located within 500 feet
of the Inverness Condominiums. He also stated most of the people who live at
Inverness are retired. He stated the previous operation created a lot of noise
and cust.omers were drinking outside in the summer. He expressed concern that
the billiard h.111 may le.:ld to gambling. After questioning by Hr. Schwob, Mr.
\~arren stated the previous establishment he referred to was Clyborne's and
then the Crazy Parrot.
P & Z Minutes
8
01/05/88
Mr. Ralph Smith, 2587 Countryside Boulevard, quest toned
received a petition from the condominium associCltion and
clarified that the Board had received the petition.
if the Boa rd had
Chairman Johnson
Mr. Vernon Dokken, 2595 Countryside Uoulevard, expressed concern about late
night noise and drinking.
.~f1:",.
r \
Mr. Michael Romanow, 2595 Countryside Boulevard, felt another har 1n the area
would cause too much nOlse.
Mr. Charles Clark, 2593 Countryside Boulevard, stated he called the police
several times regarding noise. H(~ ex-pressed concern that real estate values
will be lowered. He felt there were too many places in a congested area. After
questioning by Hr. Schwab, Hr. Clark stated his main objection is that the
subject property is directly across the street.
Ms. Jean lIelek, 2587 Countryside Boulevard, stated she doesn't object too much
to a pool hall but she expressed concern about alcoholic beverage sales. She
advised there are three establishments in the area that serve alcoholic
beverages.
f.'..C.
f. .
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In rebuttal, Mr. Johnson stated most of the complaints are regarding liquor
lounges but his proposed facility will be a billiard facility that sells
liquor. He added that alcoholic beverage sales is not the purpose of the
proposed facility. After questioning by Hr. Ferrell, Hr. Johnson stated that
current access to the bui Id ing is on the south side of the bui Iding but the
fire code may require another access to be used as a Eire exit. He added he
could use the fire exit as the main entrance and use the south entrance as the
fire ex:i. t .
Mr. Green cxp re S5 ed CO\1ce rn tha t th c E ac i Ii ty may change is forma t from a
billiard room to a lounge in the future.
Mr. Ferrell stated it appeared the only noise generated would be when someone
is leaving the prem is es. He add ed he unde rs tands c once rns bu t the poo 1 ha 11
can be opened without a liquor license. He also stated the pool hall could end
up with a different type of clientele and be n pool hall Eor kids .
I
I
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,
Mr. Hogan felt the residents were entitled to the quiet and enjoyment of their
property. He also felt there 1S a danger of underage drinking.
Mr. Schwab expressed concern about nOise.
Ms. Nixon felt, though the primary operation will be a pool hall, the premlses
will still be just a bar.
Motion was made by Mr. Hogan, seconded by Mr. Green, to deny the above
request. Motion carried (6 to 1) with ~lr. Ferrell voting "nay."
~
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P & Z Minutes
9
01/05/88
c. Annexation and Zoni~
1.
La t 1 6 , B 1 k. A
Pine Ridge Sub.
( Loca t ed on the nor th $ idtl 0 f
Parkwood Str.eet, cast of
Betty Lane)
(Oremland)
A 87-l.4
.~''''';
{ .
,
Request - Annexation and Zoning, RS-8
(Single Family Residential "Eight")
The above property LS located 011 the north side of Park\vood Street, east of
Bet t y La n e .
The applicant was not present.
Ms. Harvey advised as follows: This 18 a request Ear annexation and RS-8
(Single Family Residential "Eight" zoning; there is an existing single family
re s idence on the prope t:" ty; and, Ci ty wa t e r, sewe r. and 11. a tu ra 1 gas are
available; Ms. Harvey advised staff r.ecommended approval of the annexation and
RS-B (Single Fami ly Resident tal "Eight") zoning.
Motion was made by Mr. Schwab, seconded by Mr. Hamilton, to recommend approval
of the annexation and RS-8 (Single Family Residential "Eight") zoning. Motion
carried unanimously (7 to 0).
D.
Land Development Code Amendment:
l.
\~,
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1. ( Ch apt e r 1 3 5, S e c. 1 3 5 . 11 2 & 1 3 5 . 11 8 0 )
Relating to the Resor.t Commercial
"Twenty-Four" and Resort Commercial
"Twenty-Eight" districts, respectively
to provide that all alcoholic beverage
sales in such distri.cts, whether. [or
consumption on the premises or by
package sales, shall be located within
a hotel or restaurant only.
l../
Ms. Ha rvey adv is cd as fo llows: the propos cd ord i na nc e was i nit ia t ed by the
City Commission during the public hearing held on the alcoholic beverage
sales, Ordinance No. 4420-87; during public hearing on Ordinance No. 4420-
87, concerns we t:"e exp res sed in regard to a lc oho lie beve rages in the Res ort
Commercial "Twenty-Four" and Resort Commercial "Twenty-Eight" zoning
districts, mostly located on Clearwater Beach; the districts are primarily
hotel and motel development but include residential uses and the residents
want their residences protected; and, Commissioner Winner brought up the fact
that the Code provides that all alcoholic beverage sales approved in those
districts for consumption on premises must be in conjunction with a hotel or a
re s tauran t. Ms. lIa rvey ad vis cd that package sa les are not add res s ed in the
requirements and within the CR-24 and CR-28 zoning districts there are
requests for package sales at places like convenIence stores that are not
related to hotel uses.
P & Z Minutes
10
01/05/88
.~...,
Mr. Herbert Leonhardt, 706
supports a family oriented
doesn't work.
Bayway
beacn.
Boulevard,
He stClted
Clearwater Beach,
limi.ting hours of
stated he
operation
(.
Ms. Harvey stated that the City Commission dir(~ctecl the City Attorney to dr.:lft
ntl ordinance in conjunct ion wi th Ord i.l1i1nCC No. L.420-87 that would c l.'lr i fy and
add to the requirements that within thl~ CR-24 and CR'-28 zoning district
package saleR only be consl.tk~reli in conjunction with Ll hotel or a restaurant.
Ms. Harvey felt this ordinance would af[orcl some protection to persons already
residing in these area.
The following persons Llppeared 1n opposition to the proposed ordinance to gLve
their comments:
Mr. James Tracey, 207 Coronado Drive, Clearwat:er "Beach, stated he is in
opposition to the above Land Development Code amendment because his property
is directly involved. Mr. Tracey stated he had previously been denied package
sales of beer and wine because of inadequate parking.
Ms. Marian Tracey, stated they have a small mini mart and they want to sell
beer and wine. She added they have a peti.tion with JOO names in support of
their request to sell package sales of beer and w~ne.
After questioning by Hr. llami.Iton, Ns. Harvey stat(~(1 an application Eor Mr.
Tracey's reqllest will be before the Board at .1 later date. After questioning
by Ms. Ni.xon, Ms. Harvey advised the petition should be submitted when the
request tor conditional usc~ is submitted. After questioning by Mr. Hamilton,
Ms. Harvey sUited if the City Commission takes Cletion to approve and finalize
the above ordinance prior to the applicat ion being heard before this Board,
the application could not be heard by this Board. She added this ordinance is
not scheduled for ti.nal reading until the fi..rst mel~ting in February.
,. Ms. Nixon fe It the ab ove ordindnce would p ree ludl~ small nlOte Is owners from
, hav ing package 5.11e5.. Ms . Harvey advised it appears that the sma ller
,..
establishments Ll1 the Resort Commercial zonlng di.stricts seem to be the
prima ry sources of colOp lain ts about no 1S e, patrons botheri.ng guests, etc.
The following persons appeared 1n support of: the proposed ordinance to gLve
their comments:
Ms. A.nn Gar ris, 38 Acac ia Stree t, Clearwater Beach, fe 1 t th is is one 0 f the
most important elements of the alcoholic beverage ordinance. She stated that
Clearwater Beach has ;') lot of motels that people live in Ear two or three
months at a time. She felt people want: the kind of vacation that would be
compatible with residential areas.
(~,:
Ms. Harvey advised as Eollows: This ordinance does not refer to separation
distances for alcoholic beverage sales; if it were not for this change
requested by the City Commissi.on, there would be no ordi.nance beEore the
Board; the ordin.C1nce was proposed in light of the special license issued to
hotels, that h(~i.ng the 4-COP-S Licensl~, which allows Ear. sale of alcoholic
beverages fOl- Ofl premise or off premise consumption and requires there be a
minimum number of rooms;} hotel must have in order to procure a license; the
ordinance for the package sales was included because the state 4-COP-S license
provides Eor package sales; and, only the 4-COP-S and 4-COP-SRX license
holders will be permitted to apply for package sales i.f the ordinance 1S
approved.
,";
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P &. Z Minutes
11
01/05/88
In rebuttal, Mr. Tracey agil1n stated he was previously denied a lLcense for
package sa les. Hr. Joh n50n i. ns true ted Nr. Tracey tha t th i s Board was
cons ider ing propos cd Ord inane e No. 1+529 -8 7 a nd he mus t: keep h is comments
confined to the ordinance.
After questionillg by Ms. Nixon, Ms. Harvey advised that convenience stores 111
the CR-2l, and CR-28 would not be permitted to apply for a new license.
(~,..
Ms. Nixon expr.esBed conc(~rn that i.f the ordinance LS passed that only large
hotels will be able to sell package sales and may choose to do so at
unreasonably high prices. Ms. Ni.xon felt the ordinanc(~ was not necessary.
Mr. Green leEt at 4:27 PM.
After questioning by Mr. Schwob, Ms. Harvey advised the license categories
exc luded fr.om the above ordinance if pas~,ecl ilre the package snles operations
under l-APS, 2-APS, l-COP, 2-COP for consumption anywhere other than a
restaurant or a hotel or motel and meeting the 51% food r.equirement, and 4-COP
licenses. She ~Hlded packages sales would be l:i.rnited to hotel operations :md to
restaurants that are in the Resort Commercial zoni.ng distri.cts. Ms. Harvey
exp la ined the areas 0 f C Ie arwat er Be acll t ha tare Beach Carnme rc i.a land Re sort
Commercial. After further questi.oning by Baaed members, Hs. Harvey advised
that for licenses that do not require minimum seating, etc., the applicant
would be required to document 51% food sales before he could apply for
alcoholic beverages sales.
ft.
~".,."
Mr. Fe rre 11 s ugge steel tha t the ord ina nc e be amended by chang ing the word
"hotel" to "hotel/motel" to agree with the Land. Development Code.
Mo t ion wa s mad e by t1r. Hogan, seconded by Mr. Fe rre 11, to recomme nd ap proval
of the above ordinance with furtht:!:" amendment by changing the word "hotel" to
"hotel/motel." Motion carried (5 to 1) with Ms. Nixon voting "nay."
2. (Chapter 136, Sec. 136.022)
To provide that whenever property
is used to meet the minimum off-street
parking requirements for any use, then
the on-site parking available to serve
that use may not be reduced, nor may
the property be sold or otherwise
rendered unavailable to that use,
unless replacement parking is approved
by the City.
{ .
'i
Ms. Harvey advised as follows: This item had previously been submitted to this
Board wLth amended language suggested by Commissioner Regulski and this Board
recommended to the City Commission that the proposed amendment was significant
enough to consider as an ordinance; the City Commission then directed the City
Attorney to draft an ordinance to provide essentially what Commissioner
Regulski. had suggested regarding parking; the ordinance is to provide some
assurances that there would be continued availability of parking where it was
necessary to meet minimum Code requirements; and, the ordinance specifically
provides that one cannot reduce that parking or render it unavailable without
the permission of the City.
P & Z Minutes
12
01/05/88
(Y-
.1
(
L,
Ms. Harvey stated the proposed ordinanct~ W;l~; present{~d to
Development Board and it made':l t"I~comml~ndl.lti.()11 that the wording
selllng of the property should be dcl0.tc(1 f["om tl\l~ ()rdi..IHlnC(~.
the Downt own
rl~g;l t"d i.ng till!
Ms. Harvey stated a further 3mendm(~nt has been submi.tted by Commissioner
Regulski at the City Commission's work session that suggested the words "sold
or" be deleted and, after the words "to that use," the words "as a n~sult of
sale or other means" be inserted; and Secti.on 136.Q22(c)(S) would then n~ad
"Whenever .:1 property i..s used to provide all or part of the parking in
accordance with the requirements set forth in thi.s !.wct lon, said parking may
not be red uced no r may the prope r ty be rendc l~ed una va i lab ll.~ to tha t u sc as a
result of sale or any other means, unless a plan to repl<lce the parking shall
have first been approved by the Ci.ty in accordance wi.th the provi.sions of this
code." Ms. Harvey advised that the City does not want to approve sales
contracts.
After questioning by Ms. Nixon, Ms. Harvey advised that staff, Planning and
Zoning Board, and/or the City Commission al"C approvlng authorities as deflned
in the Code depending on the kind of approval required.
The following persons appeared to give their comments:
Mr. James Carpenter, Executive Director of Downtown Development Board, stated
his sole responsibllity is to promote the vitalization of downtown Clearwater.
He expressed concern that the pr.oposed ord inance would be an infringement of
property rights. He also expressed concern that the proposed ordinance would
hinder the process of promoting and selling the revitalization of downtown
Clearwater. After questioning by Mr. Schwab, Mr. Carpenter advised that
certain members of the City Commission are ex officio members of the Downtown
Development Board and do not vote.
Ms. Rose Pfeifer, downtown property
in Clearwater for 30 years and
restrictive.
owner:, stated that she has owned property
felt the proposed ordinance LS far too
Ms. Ann Garris, 38 Acacia Street, Clearwater Beach, stated she is in favor of
the proposed ordinance br;cause if people continue to sell parking lots and
reduce parking there should be no parking requirements. She felt the proposed
ordinance covers what was not in the Code previously and felt more than the
two City parking garages will be necessary if downtown Clearwater develops as
the City hopes it will. After questioning by Nr. Schwob, Ms. Garris felt the
amended wording should not be a problem.
In rebuttal, Mr. Carpenter stated that the City is in the beginning stages of
revitalizing downtown Cl.earwater and the revitalizing cannot take place if
requirements are too restrictive. He stated that, in the future, more
restrictive requirements may be necessary but not at the present time.
Mr. Hamilton expressed concern about the proposed ordinance and that it stems
primarily from the possible development of Maas Brothers' parking lot.
After questioning by Mr. Schwab, Hs. Harvey stated the deletion of the words
"sold or" was recommended by the Downtown Development Board and Mayor Garvey
and Commissioner Rpgulski concurred. She also stated the inclusion of the
words "as a result of sale or any other means" was suggested by Commissioner
Regulski. She added that the wording was offered by Commissioner Regulskl at
work session so the Planning and Zoning Board would have an opportunity to
P & Z Minutes
13
01/05/88
'~'::""ri/;;; "~i'.';./~;.l',.t, '>:"':~r;"':':4':'^- ':';'1','"
.;,Ij:
~ f. : /~\:. '~'M\'f"'" ti'~.i'
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..
discuss the proposed wording. Nr. Schwab
proposed ord inclllce doe s no t ap pea r to ho ld
the lntest wording protects property but is
felt the lntl!st wonting nf
lip the snle of prorll:!rty ':lncl
not too restrtctivc.
the
felt
Mr. Carpenter advised that area developers feel the Code is restrictive and
that is one of the reasons that downtown Clearwater is not: being r\~vitalized.
Mr. Carpenter e~presscd concerned that the Code gives the impression of a lot
of restrictions.
Ms. Nixon stated she was in favor of the proposed ordinance.
Ms. Nixon left the meeting at 5:07 PM.
1>1s. Pfeifer ask that the word "sold" be removed.
Motion was made by Mr. Schwab, seconded by Mr. Rogan, to recommend approved of
the proposed ord inance with amendments to read as follows: "Whenever a
property is used to provide all or par.t of the parking in accordance with the
requirements set forth 1-n th is sect ion, said parking m.1Y not he reduced nor
may the property be n~nd(:!red unavai.lable to that use as il result of sale or
any 0 t 11 e r me all S , un 1 ~ s S .:l P 1 ant 0 r e p lac e the par kin g s hall h a v c fir s t bee n
approved by the City in accordance with the provisions of this code.1I Upon
roll call, motion passl2d (3 to 2) with Hessrs. Schwob and Hogan and Chairman.
Johnson voting "aye" and Messrs. Ferrell and Hamilton voting "nay."
F. Director's Ieems
(
I
\..
1 .
Planning & Zoning Rules and Regulations
Hr. Schwab sugges ted that the Pledge of Allegiance,
Invocation, be added to the Order of Business.
followed by
the
Hotion was made by ~lT. Schwab, seconded by Hr. Hami.lton, to amend Artic le V,
Order of Bus in.flSS to inc lude Pledg(~ of Allegiance and Invocation after the
Call to Order. Motion carried unanimous (5 to 0).
~
Ms. Harvey requested that Article IV, Section 7: Records be amended to delete
the words lithe Planning Division oL"
Mot ion was m::lde by
Sec tio n 7: RecD rds
carried unanimously
Mr. Schwab, seconded by Mr. Hogan,
to dele te the words "the Plann iog
(5 to 0).
to amend Article IV,
Division of." Motion
t~
Ms. Harvey advised that at the preVlOUS meeting Hs. Nixon expressed concern
that sometimes after the Planning Director makes a staff presentation it 1.S
discovered the applicant is not present. Ms. Harvey stated she is not sure it
is necessary that wording be included in the Rules and Regulations but
sugges ted that the applicant be identified before staff presentation.
Hotion was made by ~1t'. Hamilton, seconded by Mr.
Planning :md Zoning Board Rules and Regulations as
unanimously (5 to 0).
Schwa b,
amended.
to approve the
Mo t ion ca rri ed
l
,~.""
Ms. Harvey advised Mr. Hogan's
unanimously recommended approval,
chilled alcoholic beverages at any
proposal presented to the Board, which
regarding the prohibition of the sale of
business engaged in the sale or dispensing
P & Z "Minutes
14
01/05/88
I
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of gasoline and/or motor fuels was pref.lcnted to the City Commission. She <'11130
advised Mr. Hogan will be receiving correspondence from the Mayor advising the
proposed was discussed at \~ork Sess ion. She further advised the City
Commission wanted to approach the proposal at a State level since the proposal
would affect the City of Clearwater only. She added the Commission intends to
prepare a resolution to forward to the State Legislature asking for action at
the State level. She also added the resolution is scheduled to be before the
City Commission on Thursday, January 7, 1988.
2. Election of Chairman and Vice-Chairman
Mot ion was made by Mr. Schwob,
Johnson as Chai rman and Edwin G.
Zoning Board for the coming year.
seconded by Mr. Ferrell, to elect John B.
Hogan as Vice-Chairman 0 E the Planning and
Motion carried unanimously (5 to 0).
Meeting adjourned at 5:23 PM.
~
Paula Harvey
Planning Director
C.',?
.~J';'., .
" "
~~t;
P & Z Minutes
15
01/05/88
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I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
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. You should disclose orally the nature of your conflict in the measure before participating.
. You should complete the form and rile it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1,
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G / e f ~__, hereby disclose that on _
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_ inured to my special private gain: or
L inured to the special gain of r/u;
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lb) The measure before my agency and the nature of my interest in [he measure is as follows:
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Date Filed / Signature
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~'~NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES' ~112,317 (1985). A FAilURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
S,L..LARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,000.
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
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THE BOARD, COUNCIl.. COMMISSIO~. AUTU ~ITY.....q.. DJ COMMITTEE ON
Wl-IIC~' SEKVE IS A UNIT OF: C I I /' t L ( f' Cl ,.. vG/C( :/-e--/
ell Y COUNTY OHlER I.OCt\L A(iENCY
LAST NAME -FIRST NO";..-MIDDU: NAME I
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MAILlN<.i .\ODIH,SS
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CITY
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DATE ON WHICH '1011: o<."('UKREO
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APPO~
NAME OF POLITICAL SU
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MY POSITION IS:
ELECTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Secliol1 112.3143. Florida Statutes. The requm.:ments of this law are mandatory; although
the use of this parricular form is nor required by law, you arc encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form
before completing the reverse side and filing I he form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local flublic.: office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each k'cal officer al~o is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disdosc the conflict:
.PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive lo.:al office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible for \..
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a contlict of interest.
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