03/01/1988
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P&Z
PLANNING & ZONING BOARD
DATE
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^GE~DA
PLANNING & ZONING BOARD
TUESDAY, ~1ARCIl 1, 1988 - 1: 30 PM
PLEDGE OF ALLEGIANCE
INV OCATION
ITEM
ACTION
(A) Approval of minutes of February 16, 1988
CO~DITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATil. The goarc1 follows the procedures outlined
below:
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6.
7.
8.
1.
The Chairman rt~ads from the Public Hearing Notice each item as it
is presented.
The Planning Director advises the BO<1rd of any pertinent background
information.
The applicant or his representative pr~scnts his case.
Pcrsons who support the applicntion speak.
The Planning Director: presents any supporting written dOCllml~nts.
Pcrsons \.Jho oppose the appllcation speak.
The Planning Director presents any opposing written documents.
Per.SOilS supporting the appllcation (other than applicant) may speak
rebuttal.
Pcrsons opposing may speak in rebuttal.
Th e a p pi i can t has a n 0 p po r tun l t Y for [ i n a Ire but t a 1.
The Board makes.:l declsion.
2.
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. Condi~ional Uses:
1 . (REQUEST FOR EXTENS ION)
Lot 1, Blk. A, together with
Part Lots 2 and 3, Blk. R
Clearwater Reach Park 1st Add.
(41 Baymont Street)
Thomas Hersem & James Nielsen/
Michael Preston (Frenchy's)
CU 87-28
(
P & Z AgCIldr1
Request - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CB (Beach Commercial)
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03/01/88
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Part Lots 12 & 15,
All of Lots 13 & 14, Blk. 7,
Magnolia Park Sub.
(612 Franklin Street)
International Systems & Technology,
Inc. & Milton Jones/Robert M. Snibbe, Sr.
CU 88-18
(
Request - Child Day Care
Zoned - UC[C] (Urban Center [Core])
3. Lots 15 & 16, Blk. 17,
Magnolia Park Sub.
(802 Turner Street)
Harshall S. Harris &
Onorio Carlesimo/George Greer
CU 88-19
Request - Child Day Care
Zoned - OL (Limited Office)
4 .
La t s 5, 7, & 8
Countryside Village Square
(2543 Countryside Boulevard)
Countryside Village, Ltd. (Pelican
Pete's of Clearwater, Inc.)!
Ha.ney ~1. Sweda
CU 88-20
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Request - 4--COP-Slt,'{ (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
ANNEXATION & ZONING & LANDS USE PLAN AMENDMENTS:
(1) Statement of case by applicant - 5 mi~utes
(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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P & Z Agenda
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03/01/88
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c. Annexation and Zoning:
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Lot 9, B lk. C,
Palmetto Terrace Sub.
(Located on the south side of
Hemerick Place, east of
Belcher Road)
(Wa llace)
A 88-4
Request - Annexation and Zoning, RS-8
(Single Family Resi.dential "Eight")
D. Annexation, Zoning, and Land Use Plan Amendment:
1. Lot 13, Kapok Forest Sub.
(Located on the north side oE
Kapok Ci.rcle, north of Kapok
Kove Drive, west of McMullen
Booth Road)
(City)
A 88-5 LUP 88-3
Request - Annexation and Zoning, as/a
(Open Space/Recreation)
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Land Use Plan:
FROM: Low Density Residential
TO: Recreation/Open Space
E.
Chairman's Items
F. Director's Items
G. Board and Staff Comments
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P & Z Agenda
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03/01/88
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MINUTES
PLANNlNG & ZONING BOARD
TUESDAY, MARCH 1, 1988 - 1:30 PH
Members Present:
Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Green,
Hamilton, Hogan, and Schwob
A. Due to noncompletion of minutes, Illotion was made by Hr. Green, seconded
by Mr. Rami It.on, to continue approva 1 of minutes of February 16, 1988 to
the Planning and Zoning Meeting of March 15, 1988. Motion carried
unanimously (7 to 0).
Chairman Johnson outlined the procedures for conditional uses and advised that
anyone adversely affected by a decision of the Planning and Zoning Board, with
regard t.o cond it iana 1 uses, has t\vO weeks from th i.s date in whi.ch to fi Ie 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.
B. Conditional Uses:
1 .
(REQUEST FOR EXTENSION)
Lot 1, Blk. A, together \oJith
Part Lot.s 2 and J, Blk. B
Clearwater Beach Park 1st Add.
(41 Baymont Street)
Thomas Hersem & James Nielsen/
Michael Preston (Frenchy's)
CU 87-28
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Request - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CB (Beach Commercial)
Ms. Harvey advised as follows: This is a request for extension of a
conditional use approved on April 14, 1987 for on premise consumption of
ale oho 1 ic beve rag\~s unci era 2 -COP 1 ic ens e; an ext ens ion 0 f the approva 1 was
granted by this Board on September 15, 1987 and the appl icant is now
requesting an additional extension of six months; and, the property .is
presently developed with Frenchy's restaurant.
Atty. James Dowling, representative of applicant, stated there are several
different things going on that have delayed getting permits issued within the
extension period. He stated construction plans are now available and the
permits should be issued shortly.
A.fter questi.oning by Mr. Schwob, Mr. Dowling advised the Unity of Title has
been resolved.
In opposition
one extens ion
should look
restrictions
to the above request, Ms. Ann Garris, 38 Acacia Street, stated
has been given since the original approval. She felt the Board
at this request under the new regulations to see if further
should be placed on the establishment.
i In rebuttal, Mr. Dowling stated he understood there was no opposition to the
~., previous request. He added that Mr. Preston has a substantial amount of money
invested and the extension is primarily based on his intent to see the project
P & Z Minutes
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03/01/88
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compl(~ted. After qucstloning by Mr. Hogan, Hr. Dowling advised he does not
know the hours or operatiun of the establishment. Hs. H.:lrvey advised th(~rc~ was
no restriction on the hours.
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Ms. Ni.xon st:1ted there was no opposition
initial request or at the previous request
rf~ga reI i ng no is e
for extension.
at hea rings on the
After questioning by Mr. Hamilton, Ms. Harvey stated the previous request Eor
extension was i.n line wi.th varlances that applicant requested because he did
not meet setback requirements. She stated applicant connot extend his alcohol
service into the expanded area unless his request for extension is granted.
She added that the applicant has the right to make R request Eor extension if
it is done b(~fore the time expires and if not the applic.:lnt is required to go
through the entire conditional use prOCf~SS a s(~cond time. She advised that the
existing license is grandfathered in and it would only be th(~ expansion area
itself that would be required to be reviewed another time.
Hr. Hami Iton fe It there should be some leniency Wl th the carryover from the
previous ordinance.
Mr. Hogan felt this Board could not change the operation now and enforce the
new ordinance.
Hr. Green felt the opposition did not cite reasons Ear opposition other than
the City has a new ordinance.
Motion was made by Mr. Hamilton, seconded by Mr. Hogan, to approve the request
for extension for six months. Motion carried unanimously (7 to 0).
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Par L La t s 1 2 & 1 5 ,
ALl of Lots 13 & 14, filk. 7,
Hagnolia Park Sub.
(612 Franklin Street)
International Systems & Technology,
Inc.. & Mi lton Jones/Robert M. Snibbe, Sr.
CU 88-18
Request - Child Day Care
Zoned - UC[C] (Urban Center [Core])
Ms. Harvey advised as follows: This is a request for a child day care center
in the Urban Center [Core] zoning district; the governing sections of the Land
Development Code are sections 136.02S(b) and (c)(8); and, the Traffic Engineer
had no objection if parking meets code requirements or if variances are
obtained. Ms. Harvey stated that downtown Clearwater has special provisions
for parking and each parking situation is to be considered unique. She also
stated a difficulty with child day care Cl~nters is that parking requirements
used are those used for elementary schools. She added there is a need for such
facilities in downtown Clearwater. She stated the proposed facility is
located adjacent to the Eire station in downtown Clearwater. Ms. Harvey
advis cd that s t a f f recommended approva 1 0 f t he above reg ues t sub jec t to the
following: 1) That a Building Permit be procured wlthin six months of approval
of the conditional use; and, 2) That parking requirements in the Code be met
or variances be obtained.
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Mr. Robert M. Snibbe, applicant, stated the building is currently in bad
condition. He stated the property owner originally thought the building could
P & Z Minutes
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03/01/88
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be usetl as ;] records storagQ cenU~r, but [Ifter a survey was made of area
busi.nesses, i.t was detenni.ncd th{~re Wl~re many worki.ng motl1ct"S who needed child
day care serVlces. He advised that approximately $200,000 will be spent in
('- r en 0 v <.1 t ion s. A [ t e r q Ul2 S t i. 0 n i n g h Y ~1 r . S (' h wo b , N r . S nib be s t 11 t e (1 p b 11 S a r. e to
care for approximatcdy 125 ('hildn~n, tlw hours of oPCt-:ltion will be frum 7:00
AM to 6:00 PH, and;1 qll.1li[i(~d i.ndividual who built ilnd r.Ml other day care
c e n t e r s will be in c h a r g e \,) f t 111~ pro po sed chi 1 d d.1 Y car (:! l~ en t e r . Aft e r
questioning by Ns. Harvey, ~1r. Snibbc ~,tated thQrc are six classr.ooms
proposed. After questioning by Mr. Schwab, Mr. Snibbe st.3tcd there would be no
problem with the condition regarding parking.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwab, s.=conded by :'-1r. Hamilton, to 3ppt-OVe the above
request subject to the [allowing: 1) That a Building Permit be procured within
six months or approval of the condi,tional use; ~1nd, 2) Thilt parking
requirements in the Code be mQt or varlances be obtained. Motion carried
unanimously (7 to 0).
3 . Lo t s 1 5 & 1 6, B 1. k . I 7 ,
Magnolia Park Sub.
(802 Turner Street)
Marshall S. Harris &
Onorio Carles~no/George Greer
CU 88-19
Request - Child Day Care
Zoried - OL (Limited Office)
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Ms. Harvey advised as f.ollows: This 1S a request for a child day care center
in the Limited Office zoning district; tht~ governing sections of the Land
Development Code are Sections 136.02S(b) and (c)(8); and, the Traffic Engineer
had no objection. Hs. Harvey stated the request ~s for property fronting on
Hyrtle Avenue. She added that a site plan has been provided as well as an
internal drawing of the proposed layout. She expressed concern about a two-way
drive but added that the Traffic Engineer should have final approval. She
stated a daily schedule has been provided. She also stated this applicant was
previously before this Board Ear a similar request in a different location and
this Board denied the request. She felt the applicant has tried to answer the
concerns (~xpressed by tlH~ Board at the pre;vious hearing. Ms. Harvey advised
that staff recommended approval subject to the following: 1) That a Building
Permit be procured within six months of approval of the conditional use; and
2) That the open play area be fenced.
Atty. George W. Greer, representative of applicant and contract purchasers,
stated applicant has found better property that will more suit his needs. He
stated the parking layout was recommended by the Traffic Engineer but any
necessary corrections will be made. Hr. Greer ,:1dvised that applicant meets
Code requirements. He added the play 3rea will be fenced. He stated the
applicant will IHlve an experienced iIldividual to manage the child day care
center. He stated that HRS has seen the plans for the center and HRS felt the
plans were good but no formal reVl(~W h;1s taken place.
Ms. Harvey advised that three letters of support were received.
c.,
Motion was made by Mr. Schwab, seconded by Mr. Hamilton, to approve the above
request subject to the following: 1) That a Building Permit be procured within
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03/01/88
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six months oE appt'oval oE the conditlonal use; and 2) That the open play area
be fenced. Notion carried unanimously (7 to 0).
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Lo t s 5, 7, & 8
Countryside Village Square
(2543 Countrysidc Boulevard)
Countryside Village, Ltd. (Pelican
Pete's of ClearwClter, rnc.) /
Haney H. Sweda
CU 88-20
Reques t - 4-COP-SRX (On Premise Consumpt ion
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the Commercial Center zoning district; the specific
state license being applied for is .1 4-COP-SRX which requires 51% food sales;
the governing section of the Land Development Code is Section l36.025(b); the
Traffic Engineer commented that adequate parking is available; the Police
Department saw no reason to deny license to applicant; the seating capacity is
proposed to be ex.panded from 190 seats to 250 seats which has been confirmed
by the Fire Harshal; a certified aerial indicates nearby establishments and
residences; and, the proposed establishment complies with separation
requirements. Ms. Harvey advised that staff recommended approval of the above
request subject to the following: 1) That an Occupational License be procured
within six months of approval of the conditional use.
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Ms. Harvey advised one letter of opposition was received Erom a nearby
resident who primarily was concerned with what h~d been occurring at Penrod's,
which was the prior use of this facility.
Mr. Haney Sweda, representative oE applicant, stated that, 1n regard to the
letter of opposition received, applicant plans to have a more restaurant
oriented operation rather than a bar operation. After questioning by Board
Members, Mr. Sweda stated: the restaurant will close at midnight but the steam
bar may stay open later; applicant would like to have music for diners on the
deck; there will be no live entertainment; applicant has no objection to not
using outside speakers aft.er 10 :00 PM; the arC.:1 where the 60 additional seats
will be placed is the area where the dance floors were formerly; and, there
will be no dance floor on premises.
Mr. Schwab felt the proposed operation will not interfere with the neighbors.
Hotion was Inade by Hr. Schwob, seconded by Hr. Hogan, to approve the above
request subject to the following: 1) That an Occupational License be procured
within six months of approval of the conditional use; and, 2) That the outside
speakers be turned off at 10:00 PM. Motion carried unanimously (7 to 0).
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P & Z Minutes
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03/01/88
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c. Annexation and Zoning:
1.
10 t 9, B 1. k . C ,
Palmetto Terracl~ Sub.
(Located on the south side of
Hemel-ick Plilcc, east of
Belcher Road)
(Wa 11.1ce)
A 88-4
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Request - Annexation and Zoning, RS-8
(Single Family Residential "Eight")
The above property is located on the south side of Hemerick Place, east of
Belcher Road.
The applicant was not present.
Mr. Prui tt advised as Eo llows: Th is 1S a request Eor annexat ion and RS-8
( Sin g 1 e Fa mil y Re sid e n t i a 1 " E i g h t " ) Z 0 n in g; the lot is cur r e n t 1 y va can t but i s
proposed to be developed wi.th a single fami 1y residence; and, City sewer and
natural gas are available. Mr. Pruitt advised staff recommended approval of
the annexation and RS-8 (Single Family Res ident i.al "Eight") zonlng.
Hotion was made by Hr. Hami lton, seconded by Mr.
of the above request for annexation and RS-8
"Eight") zoning. ~1otion c.~arried unanimously (7 to
Gr~en, to recommend approval
(Single Family Residential
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D.
Annexation, Zoning, and Land Use Plan Amendment:
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Lot 13, Kapok Forest Sub.
(Located on the north side of
Kapok Circle, north of Kapok
Kove Drive, west of McMullen
Booth Road)
(City)
A 88-5 LUP 88-3
Request - Annexation and Zoning, OS/R
(Open Space/Recreation)
Land Use Plan:
FROM: Low Densi.ty Residential
TO: Recreation/Open Space
The above property is located on the north side of Kapok Circle, north of
Kapok Kove Drive, west of McMullen Booth Road.
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Mr. Pruitt advised as follows: ~his is a request for annexation, Open
Space/Recreation zoning, and a Land Use Plan amendment from Low Density
Residential to Recreation/Open Space; the City is the applicant and owner; the
property was purchased to protect an easement across the property; and, since
it is adjacent to a recreation zoned area to the north the property would be
prope r 1)' zoned. Mr. Prui t t ad vi sed s t a f f recommended a pprova 1 0 E the
annexation, Open Space/Recreation zoning, and a Land Use Plan amendment from
Low Density Residential to Recreation/Open Space.
P & Z Mi.nutes
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03/01/88
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Motion \v~lS madl~ by Mr. llog.111, s(~conded by Mr. Schwab,
the annexation, Opc~n Spnec/Recrention zoning, and :1
f rom Low Dc ns i ty Rc s iden t ia 1 to Re c rea t i.onl Open
unanimously (7 to 0).
to recommend approval of
Land Use Plan amendment
Space. Moti.on carried
E. Director's Items
Ms. Harvey advised the meeting scheduled for Harch 15, 1988 wilL be a long
meeting and the members sh.ould schedulp. the entire afternoon for the meeting.
F. Board and Staff Comments
Mr. Hamilton stated that he received a summary review of i.tems heard before
another advisory board and questioned if something similar could be done wi.th
this Board. Ms. Harvey advised that at such time that an appropriate computer
is installed in the department it may be possible to issue a summary review.
After questioning by Mr. Johnson, Ms. Harvey advised that the property at the
corner of McMullen Booth Road and S.R. 590 was presented to the City
Commission as a Rtceipt and Referral item only and was \lot a publi.c hearing.
She advised the request was in the form of submitting a Master Plan requesting
the rezoning to Planned Development. She added that the Commission di.rected
this item be scheduled before the Planning and Zoni.ng Board but added
conditions that applicant must meet.
After questioning by
permissible for boats
Administratlon will be
Nr. Ferrell, 1'1s. Harvey
or cars to be hung from
notified immedi.ately.
ad vi sed
cranes.
that
She
it is
stated
not
Code
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Mr. Schwob n~ported that: he conL1cted the Code Administrator regarding
possible changes of ownership of alcoholic beverage licenses that had not been
approved by th is Board. He a dVlsed th at the Cod e Admi n is t r a tor wi 11 have the
properties investigated and advise Hr. Schwob of the results.
Mr. Hamilton stated there appeared to be a nea market taking place on North
Ft. Harrison at the property that the Board had previously denied a used car
sales use. Ms. Harvey stated;] temporary retail sales permit may have been
obtained but advised that there is no zoning enforcement staff working on
weekends to investigate such violations.
Ms. Johnson stated he had recei.ved three telephone calls from H"!sidents that
there was a junk yard on Engman Street. After questioning by Ms. Harvey, Nr.
Johnson stated none of the three persons had called Code Administration but he
intended to do so.
After quesLioning by
citations were issued
req ui rf~men ts.
Ms.
to
Nixon, Ms.
businesses
Harvey stated
in violation oE
that
the
recently several
window sign Code
The meetlng adjourned at 2:40 PM.
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l'aula Harvey
Planning Director
P & Z Minutes
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03/01/88