07/26/1988 (2)
P&Z
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PLANNING & ZONING BOARD
DATE
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ACTION
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AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, JULY 26, 1988 - 12:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
A. Approval of min~tes of June 14, 1988
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures o~tlined
below:
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1. The Chairman reads from the P~blic Hearing Notice each time as it is
presented.
2. The Planning Director advises the Board of any pertinent background
informa tion.
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 support the application speak.
7. The Planning Director presents any opposing written documents.
8. Persons supporting the application (other than applicant) may speak in
reb~ttal.
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. M&B 44.02, Sec. 02-29S-15E
(1521 North Saturn Avenue)
Marine Corps League/ Morris F. Dixon
Detachment/Thomas R. Supulski
CU 88-49
Request - 11-C (On Premise Consumption
of Alcoholic Beverages)
Zoned - F/SP (Public/Semi-Public)
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P & Z Agenda
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07/26/88
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2. Lots 1 & 2, Blk. A
Fairburn Addition
(1260 Engman Street)
Everybody's Tabernacle/
13arbara Green
CU 88-50
Request - Level III Group Care
(Mobile Home Transitional Housing)
Zoned - P/SP (Public/Semi-Public)
AL/C (Aquatic Lands/Coastal)
CN (Neighborhood Commercial)
3. M&13 13.07, Sec. 17-29S-16E
(2800 Gulf to Bay Boulevard)
Limited Properties, Inc./
Hooters, Inc./Will Alexander, III
CU 88-51
Request - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CG (General Commercial)
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4. M&Bs 21.00, 23.01, 23.02, Z3.10,
23.11 & 24.05, Sec. 17-29S-16E
(420 Park Place Boulevard, Suite 500)
MDC Associates 81 A-Ltd./
Gulf Bay Venture/Po S. Restaurants, Inc.
CU 88-52
Request - 4-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - OG (Office General)
CC (Commercial Center)
CG (General Commercial)
AL/I (Aquatic Lands/Interior)
5. M&B 44.09, Sec. 21-29S-15E
(1530 South Ft. Harrison Avenue)
Peter Gianfilippo, John & Michael
Gianfilippo{Charles Perry
CU 88-53
Request - Business/Professional Office
(Real Estate Office for Tourists)
Zoned - CR-24 (Resort Commercial "Twenty-Four")
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P & Z Agenda
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07/26/88
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6. M&B 33.02, Sec. 28-28S-16E
(2518-C McMullen Booth Road)
Rutenberg Associates, Ltd.1
Northwood Restaurant Corp./
Edward & Beverly Smith
CU 88- st.
Request - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
OL (Limited Office)
7. Lot 5 & Part Lot 6, Blk. C,
Barbour Morrow Sub.
(419 East Shore Drive)
Clearwater Beach Dock & Marine, Inc./
Charles A. Graff
CU 88-55
Request - Marina (Boat Rental of
Existing Slips)
Zoned - CB (Beach Commercial)
AL/C (Aquatic Lands/Coastal)
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8. Lots 2 through 5 and 7 through la,
Blk. A, Gunn's Addition
(2086 Gulf to Bay Boulevard)
SDS Investments/Emil C. Marquardt, Jr.
CU 88-56
Request - 1.
Outdoor Retail Sales,
Displays and/or Storage
Vehicle Service
(General Commercial)
AND
2.
Zoned - CG
9. Part Blk. A, NaIl Mortonson;
Lots 5 through 11, Blk. 17,
Gould & Ewing Sub; and,
Part M&B 11.01, Sec. 16-29S-15E
(633 Drew Street)
Carroll M. & Barbara S. Nalll
Michael J. Gaylor
CU 88-57
Request - Temporary Building (Lumber Store)
Zoned - UC[C] (Urban Center [Core])
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10. Lots 5, 7 and 8
Countryside Village Square
(2549 Countryside Boulevard, Suite 2)
Countryside Village Ltd./Naughty's,
lnc./Patricia Muscarella
CU 88-58
Request - 4-COP-SRX (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
P & Z Agenda
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07/26/88
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11. Lot 7, Blackburn Sub.
(Vacant Land on the West Side of
u.s. 19 approx. 1,300 ft. north of
Sunset Point Road)
Victor G. & ~ose M. Valdesl
Ed Armstrong
eu 88-59
Request - O~tdoor Commercial
Eecreation/Entertainment
Zoned - Cff (Highway Commercial)
12. Lot 1, Loehnan's Plaza
(1730 U. S. Hwy. 19 North)
Principal M~tual Life Insurance Co./
Coyotes Restaurant of Clearwater, Inc./
George Pavlick
eu 88-60
Request - 4-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
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13. Lot 8, Blk. E,
Salls' Lake Park Third Add.
(3013 St. Croix Drive)
Emelita M. Barger Fulton
eu 88-61
Request - Level I Group Care
Zoned - RS-8 (Single-Family Residential "Eight")
14. Lot 2, Studebaker's Sub.
(2516 Gulf to Bay Boulevard)
Blackpool Palace Ltd. of FL, Inc./
Mickey & Jan Pattemore/Robert E. Gregg
eu 88-62
Request - Tenporary Building (Office Use)
Zoned - CG (General Commercial)
ANNEXATION, ZONING, LAND USE PLAN AMENDMENTS, AND LOCAL PLA]NING AGENCY
REVIEW:
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(1) Statement of case by applicant - 5 minutes
(2) Presentation by staff - 5 min~tes
(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
P & Z Agenda
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C. Annexation. Zoning Atlas and Land Use Plan Anendment
and Local Planning Agency Review:
1. Lot 1, Blk. A, Sunset Point Estates
(Located at the southwest corner of
the Intersection of Old Coacrunan
Road and Americus Drive)
(Sempsrott)
A 88-15
Request - Annexation and Zoning. RS-8
(Single Family Resident~al "Eight")
2. Lot 10, Blk. D, Virginia Grove
Terrace, 5th Add.
(Located on the south side of St. John's
Drive, east of St. Croix Drive)
(Archontakis)
A 88-16
Request - Annexation and Zoning, RS-8
(Single Family Resident~al "Eigh.tlt)
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3. Lots 15 through 19, Dunromin Sub.
(Located at the northeast corner of
the Intersection of South Belcher Road
and Wistful Vista Drive)
(Wilson)
A 88-17
Request - Annexation and Zoning, OL
(Limited Office)
4. Lot 4, Blk. B, Palmetto Terrace
(Located on the south side of Arlington
Place, east of Belcher Road)
(Scrivner)
A 88-18
Request - Annexation and Zoning, RS-8
(Single Family Residential "Eight")
5.
Lot 1, Blk. J, Skycrest Sub. Unit 9,
Lot 3, Blk. A and Lot 3, Blk. B,
Skycrest Sub. Unit 10
(Located south of Drew Street on both
the east and west side of Nimbus Avenue)
(Skycrest United Methodist Church)
LUP 88-6 Z 88-10
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Zoning Atlas:
FROM: RS-8 (Single Family Residential ffEight")
TO: P/SP (Public/Semi-Public)
Land Use PlaIl:
FROM: Low Density Residential
TO: Public/Semi-Public
P & Z Agenda
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07/26/88
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6. Lot 2, Coral Cove Sub.
(Located on the east side of Belcher
Road, south of Drew Street)
(Southland Corp., Sunshine Division/City)
LUP 88-8 Z 88-12
Zoning Atlas:
FROM: CG (General Commercial)
TO: OL (Limited Office)
Land Use Plan:
FROM: Commercial/Tourist Facilities
TO: Residential/Office
7. M&B 44.25, Sec. 21-29S-15E
(Located on the west side of Myrtle
Avenue, north of Bryant Street)
(Espey)
LUP 88-7 Z 88-11
Zoning Atlas:
FROM: RM-8 (Multiple Family Residential "Eight")
TO: OL (Limited Office)
Land Use Plan:
FROM: Low Density Residential
TO: Residential/Office
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8. Part of Lots 1 and 2, Blk. A,
Fairburn Add.
(Located on the west side at the northern
terminus of Fairburn Avenue, north of
Engman Street)
(Everybody's Tabernacle/City)
LUP 88-13 Z 88-15
Zoning Atlas:
FROM: P/SP
AL/C
TO : CN
(Public/Semi-Public) AND
(Aquatic Lands, Coastal)
(Neighborhood Commercial)
Land Use Plan:
FROM: Public/Semi-Public AND None
TO: Commercial Tourist Facilities
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P & Z Agenda
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07/26/88
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9. Pa~t of Lots 23, 24, and 25,
Island Estates Unit 5A Sub.
(Located at the northwest corner of the
intersection of Larbord Way and
Dolphin Point)
(Lark Investment, Inc.)
LUP 88-15 Z 88-17
Zoning Atlas:
FROM: RM-20 (Multiple Family Residential llTwenty")
TO: P/SP (Public/Seni-Public)
Land Use Plan:
FROM: aigh Density Residential
TO: Public/Semi-Public
10. PARCEL 11 AND PARCEL #2
(Located on the south side of Ai~port Drive,
west of Gilbert Street)
(S.C.C. Development Corp., Inc.)
LUP 88-5 Z 88-8
,PARCEL ill:
Part M&B 33.01, Sec. 12-29S-~5E AND
Lots 7 through 21, Part Lots 6 and 22,
Blk. C, and Vacated Streets, Drew Heights Sub.
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Zoning Atlas:
FROM: RM-12 (Multiple Family Residential "Twelve")
TO: RS-8 (Single Fanily Residential "Eight")
Land Use Plan:
FROM: Kedium Density Residential
TO: Low Density Residential
PARCEL #2
Pa~t M&B 33.01, Sec. 12-29S-~5E AND
Lots 1 through 5, Lots 23 through 28,
Part Lots 6 and 22, Blk. C, and
Vacated Streets, Drew Heights Sub.
Zoning Atlas:
FROM: RM-12 (Multiple Family Residential 11 Twelve " )
TO: AL/I (Aquatic Lands/Interior)
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P & Z Agenda
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07/26{88
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11. Portion M&B 33.03, Sec. 04-29S-16E
(Located on the west side of McMullen-Booth
Road, north of S. R. 590)
(The Babcock Co.)
LUP 88-9 Z 88-13
Zoning Atlas:
FROM: RM-8 (Multiple Family Residential "Eight")
TO: OL (Limited Office)
Land Use Plan:
FROM: Low Density Residential
TO: Residential/Office
12. M&B 22.011, Sec. 33-28S-16E
(Located south of Enterprise Road and
adjacent on the east to the proposed
extension of Landmark Drive)
(Vogel)
LUP 88-10 A 88-19
Request - Annexation and Zoning, OL
(Limited Office)
Land Use Plan:
FROM: Low Density Residential
TO: Residential/Office
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13. PARCEL H1 AND PARCEL #2
(Located at the eastern terminus
of Seville Boulevard)
(Clearwater Seville, Ltd.)
LUP 88-11 A 88-20
PARCEL #1:
M&B 34.01, and Part M&Bs 21.01 & 34.02
Sees. 17-29S-16E & 20-29S-16E
Request - Annexation and Zoning, RM-28
(Multiple Family Residential "Twenty-Eight")
Land Use Plan:
FROM: Medium Density Residential
TO: High Density Residential
PARCEL #2:
Part M&Bs 21.01 & 34.02
Sees. 17-29S-16E & 20-29S-16E
Request - Annexation and Zoning, AL/C
(Aquatic Lands/Coastal)
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P & Z Agenda
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07/26/88
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PARCEL #1 and PARCEL #2
(Located north of S.R. 60 [Courtney Campbell
Causeway] and Clearwater Christian College
adjacent to Old Tampa Bay, commonly known as
Cooper's Point)
(Pinellas County, City of Clearwater and
Clearwater Christian College)
LUP 88-14 Z 88-16
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14. M&B 33.06, See. 17-29S-16E
(Located south of existing Seville
Condominiums and south of Pearce
Drive [Private Street])
(A.E.L. Partnership)
LUP 88-12 Z 88-14
Zoning Atlas:
FROM: RM-12 (Multiple Family Residential UTwelve")
TO: RM-28 (Multiple Family Residential "Twenty-Eight")
Land Use Plan:
FROM: Medium Density Residential
TO: High Density Residential
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PARCEL #1:
M&B 44.01, Sees. 09-29S-16E, 10-29S-16E
and 15-29S-16E
Zoning Atlas:
FROM: RS-4 (Single Family Residential UFour")
TO: OS/R (Open Space/Recreation)
PARCEL #2:
M&B 11.01, Sec. 16-29S-16E
Zoning Atlas:
FROM: RS-4 (Single Family Residential "Four")
TO: P/SP (Public/Semi-Public)
Land Use Plan:
FROM: Low Density Residential
TO: Recreation/Open Space
Land Use Plan:
FROM: Low Density Residential
TO; Public/Semi-Public
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P & Z Agenda
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07/26/88
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16. M&Bs 23.06 through 23.12,
Sec. 05-29S-16E
(Located on the north side of Main Street
east of U. S. Hwy. 19)
(Dimmitt)
LUP 88-16 A 88-21
Request - Annexation and Zoning, CG
(General Commercial)
Land Use Plan:
FROM: Medium Density Residential
TO: Commercial/Tourist Facilities
D. Land Development Code Text Amendment and
Local Planning Agency Review:
1. Chapter 135, Sections 135.98,
135.015 & 136.025(c)(28)
(PROPOSED ORDINANCE 4605-88)
To allow veterinary offices as conditional
uses within the (CN) Neighborhood Commercial
District and the (CB) Beach Commercial District
and relating to conditional use standards for
veterinary offices.
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E. Chairman's Items
F. Director's Items
G. Board and Staff Comments
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P & Z Agenda
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07/26/88
~11 NtJ'n: s
PLANNING & ZONING BOARD
TlJIo:SDAY .JIJLY 26 1988 - 12.30 PH
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1.
M~mbe rs Pr~s(! n t;
Actlng Ch..inn.11l Schwob Ms. Nixon, Nessrs. Ferrell,
Gt'l~l~n 1 .11ld Ib In i I tOil
Also Pl"(':ll.nt. M. A. G!llbrai.th, Jr., City Attorney
Membe rs Absl~n t;
Ch;lirlll;l11 .Johnsoll ilrld Nt". Hogan
A. No t lO n W,1 ~; rn.:Hll.! by NI" " Ilit III i I tOil . sl!condl!d by Ns. Nixon, to approve the
minutes of thl! J II n l.~ I /, . 1988 1111~ f! t i ng ;1 S wr i t ten. Mo t ion carried
unanimously ( 5 t,) 0) .
Ms. Harvl~Y a<lvtst~d lltllt 1l:1~1l\ B( 10) Countryslde Village Ltd, cu 88-58~ will
need to be conti IllJl~d b,'C;IU:;I! publ ic 111:11 ri.ng not tees w,-::re not properly sent to
all adjac,~nl: prl)p,'rty I)WIlI'l":.,. Ns. Harvey also advised that Items C(6)
Southland Corp., C(I'J) CII"ln/<ll.t.~I- S(~viLll=, Ltd., and C(14) A.E.L. Partnership
will need tq Ill.' conl'inll,'d.
Ms. Harvey statt'd ;111 Ill' till' ilb(WI.~ iU~ms \.;ril.l. bl~ scheduled before the Planning
and Z 0 n i n g B II a r d r tJ r A lJ g 11 'i l 1 6, I 9 B 8 ; 111 d 1 t Ie: m s C ( 6 ), C ( 1 3 ) ) and C ( 11. ) will b c
henrd by tl1l~ City C(lJlllni:;~lil)1l oil tUq;l1St 18,1988-
Acting Ch;lirm;lll Schwl)b l)lItlilll~d Lh,~ rJroccdures for conditional uses and
advi.s(~d that ;lIlYUllt' :lllvl~r:;t'Jy <lrC,~cted by <1 decision of the Planning and
Zoning Board, wi th t-c'g.ll-d t!) concl it innal US{~s. has two weeks [rom this date in
which to fill~ illl ;\l'lh';11 lh."ollgh tlll~ City Clt~rk's Offi.ce. Florida LAW requires
any p 11 r t y ;\ I' p I ~.'l I i 11 g ; I d ,~c i :; i () 11 u [ t his Boa r d t 0 h a v ear e cor d 0 f the
r rocel!d tng:, tl) !,uppol'L Lh.' ;Q)[H'd1_
ITEMS ARE LlS'n:n 1 N AGRNDA ORDER TIIOUGH NOT NECESSARILY DISCUSSED IN THAT
ORDER.
B - Co 11 d i t i ()l1iI 1 IJ Sl' ~j :
1 , M& B I, I, . 0:2 I Sec. 02 - 2 9 S " 15 E
(1521 r~()rth Saturn t\venue)
Mdrinl' Ct)I"PS Lt\;lguel Morris F- Dixon
I)PI.IChllH'llt/Thom;ls R. Supulski
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Zn ll,~d
- p/sp
(On Premise Consumption
of Alcoholic Beverages)
(Public/Semi-Public)
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Ms. lI:Jl'Vt~y adVl:'lj'cJ :IS follows: This is a request fOl' on premise consumption of
alcoholic bl.:VI~l'ilgl~B in th~~ Public/Semi-Public zoning district; the specific
f1tlltl! licl.'nlle bl~ing ,1pplied for ts an 11--C license for fraternal clubs and
Hind 1:Ir organi?<ltil.Hhj: the subject property is the site of the existing Narine
Corp 1,1~;lglll.' which dl~sires to seTVtl alcohol from another building on the same
pn)p,~rly. lilt, gnVt.!rning sections of the Land Development Code are Sections
136.0:U~ i\l\d 136.02S(b), no variance to a separation distancl~ is required; the
Traffic Jo:ngilH','r IHld no objection; and, the Police Department saw no r.eason to
dl~ny 1 i.el.~nlll~ to the applicant. Hs. Harvey advised staff rl~commt"lnded approval
Ilubjt!cl: lo tilt: following: 1) That the Certificate of Occupancy bl.' procured
w i. t h i n :\ i. x 11I0 nth s .
p [., Z H 1. NUTES
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07/26/88
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Motion was made
request subject
procured within
by Hr. Ferrell, seconded by Mr. Hamilton, to approve the above
to the fa llowing: 1) Tha t the Ce r t i fic ate of Oc cupancy be
6 months. Motion carried unanimously (5 to 0) .
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Mr. Bob Pitcher, representative of applicant, advised as follows: He is the
Operations Manager of the organization the League has been in Florida since
the early 19506 and in its present location for 15 years; the League is very
act ive in the community, and} the League obtained an alcoholic beverage
license 7 years ago. Mr. Pitcher stated the request is to move from one
building to another which is only 100 feet from th.:.~ current bui lding. After
questioning by Board members, Hr. pi.tcher advised ;]s folloYls: the League has
been in the new building for 4 months the League's compleK has been in the
subject location for 15 years with 500 members; and, alcoholic beverages will
be served only in the new building.
In support of the above request, the following p(~rson appe<1red to give his
comments;
Mr. Donald Eicher, 15332 West Bedford elt-cle; stated he has a vested interest
in the property adjacent to the subject property. Jle stated the Marine Corp
League has been a definite .1sset to the communlty. He f(:lt the fenci.ng and
buffer shields property owners adequately.
In opposition to the above rt~quest, the follo\oling person appeared to give her
comments~
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Ms. Claire Young, 1511 Aries Lane, .:ldvised she is an adjacent property owner.
She stated the building was constructed without proper permits and she was
never notified of previous public hearings. She seated she does not want
alcoholic beverage consumption next door and i.s opposed to dcinking and
driving. After questioning by Ms. Nixon, Ms. Young stated there is very loud
noise on the weekends from ] :00 A11 to 2 :00 AM bu t during the week it is
earlier.
In rebuttal) Mr. pitcher advised as follows: The operation closes at midnight
all week; the re are no wi ndows on the so ut h s ide of the bu ild ing and ehe
building is completely soundproofed; the League does not allow excessive
drinking; the gates are locked at nightj and, the League has not had a
complaint in all the years its been at the location. After questioning by
Board members, Nr. pitcher advised as follows: The club is for members and
guests of members only; the premises \"ere posted with building permits from
the beg inning 0 E const ruc t io n; the bu i 1 ding is sever a 1 hundred fee t from the
south side of the property line; he is in charge as Operations Manager which
includes overseeing people leaving the building; and, if necessary, the League
will pay for a taxi to avoid drunk driving.
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P & Z MINUTES
2
07/26/88
Request - Level III Group Care
(Mobile Home Transition~l Housing)
Zoned - p/Sp (Public/Semi-Public)
AL/C (Aquatic Lands/Coastal)
CN (Neighborhood Commercial)
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2 . La t s 1 [5, 2 i B 1 k. A
Fa i r bur n Ad d i t i 0 11
(1260 Engman Street)
Everybody's Tabernacle/
Barbara Green
CU 88-50
Ms. Harvey advised as follows: This is a request for ;1 Level III Group Care
Facility in the Nl~ighborhood Commercial zoning district~ the governing
sections of the Land Development Code are Sections 136.02S(b) and (c)(16); the
Traffic Engineer had no objections; the request is Eor a proposed project for
housing for homeless persons; mobile hlJm\~s are proposed to be used for
emer.gency housing for families, a preliminary site plan has been reviewed by
City Commission and forwarded to staff [or firlal review, subject to approval
of a conditional use and the necessary varianc~s. and, a rezoning and Land Use
Plan amendment ",ill be heard lat.:.r on i.n the agenda to adjust zoning. Ms.
Harvey advised that staff recommended approval of the above request subject to
the following: 1) That the Building permit be procured within 6 months-
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M s _ Bar bar a G r e en, r e pre s e n tat i. v e 0 f a p p lie ant, a d vis c d i1 S :- 0 11 0 w s :
Everybody's Tabernacle houses 60 people daily; space is needed to place people
fr.om 3 to 6 months for training .:ll1d bettC!r housing; approximately 198 adults
and 25 children were turned away in June due to lack of space; and Religious
Community Services will be working closely with Ev~rybody's Tabernacle.
Ms. Harvey advised that lett:~rs of support were recl~ived from the Clear-water
Chief of Police, the Salvation Army, and Religious Community Services.
The following persons appeared in support of the above request to give their
comments.
Mr. Charles Mann, llt South Gnrden Avenue, Religious Community Services(RCS),
advised ReS refers people to Everybody's T(1bernClcle. He stated the proposed
pro gram i s a s t e p f 0 r\v a r din add res sin g the i s sue 0 f the lw In e 1 e 5 s .
Chief Sid Klein, Chief of Police, City of Clearwater, advised that Everybody's
Tabernacle has been in business a long time and the Police Department uses
Everybody's Tabernacle as a resource. He added the proposed program will help
in the problem of transitional housing.
Rev. Otis Green, 1101 Fairburn, Pastor of Everybody's Tabernacl,~, advised the
homeless used to be mostly men for which Everybody's Tabernacle has a
dormitory but ,mmen with children must be turned mvay. I-le stated this is the
reason for the subject request. Mr. Schwob commented t11at the property was
well maintained and the program well run.
Hr. Mike Lyles, III South Garden Avenue, stated the above project will provide
emergency and long-term care for women with children.
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Ms. Nixon felt it was rewarding to see an organization working for itself to
get something done.
P & Z MINUTES
3
07/26/88
Request - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CG (General Commercial)
Mr. Hamilton felt the above request was .'1n expansion of a plan that LS badly
needed.
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Motion was made by Mr~ Hamilton, seconded by Mr. Green, to approve the above
request subject to the following: 1) That a Buildi.ng permit be procured within
6 months. Motion carried unanimously (5 to 0).
3. M&B 13 -07, Sec. 17-298 ..16E
(2800 Gulf to Bay Boulevard)
Limited Properties: Inc./
Hooters, lnc./Will Alexander~ III
CU 88-51
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Ms. Harvey advised as follows: 111is lS a request [or on premise consumption of
alcoholic beverages in the Gener;ll. CQlnmerciill zOI1.i.ng district; the subject
property is the site of an existing restaurant and lounge with a 2-COP state
license; the governing sections of the Land Development Code are Sections
13 6 . 024 a nd .13 6 . 0 2 5 ( b) i a P p 1 i can t pro po S (; s a 11 e x pan s ion and r e no vat ion
prompted by DOT widening of Gulf-to-Bay, the TrafEtc Engineer commented there
are problems with the configuration of the parki..ng lot and the driveway at
Hampton Road; the Police Department S:11il no reason to deny li.cense to
applicant; and, though the expansi.on area is located further from the
residentially zoned area than 1S the existing building, a varLanct'! to the
separation requirement lS necessary because there is an expansion in che
square footage of the operation. Ms. Harvey advised staff recommended approval
subject to the following: 1) That the parking lot be redesi.gned as required by
the Traffic Engineer; 2) That <-l vari,ance to the separation requirement be
approved by the City Commission; and, 3) That a Building permit be procured
within 6 months.
Mr. Will Alexander, representative of applicant, advised as follows; Applicant
understood staff recommendations; and, parking is marginal and there appears
to be a deficiency of one parking space for which a variance may be required.
No persons appeared in support of or ln opposition co the above request.
Motion was made by Ms. Nixon, seconded by Mr. Hamilton, to approve the above
request subject to the following: 1) That the parking lot be redesigned as
required by the Traffic Engineer; 2) That a var iance to the separation
requirement be approved by the City Cornmissionj and, 3) That a Buildi.ng permit
be procured within 6 months. Motion carried unanimously (5 to O)~
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4. M&Bs 21.00. 23.01, 23.02, 23.10,
23.11 & 24.05, Sec. 17-29S-l6E
(420 Park Place Boulevard1 Suite 500)
MDC Associates 81 A-Ltd-/
Gu 1 f Ba y Ve n t u r e / p. S - Re s tau ran t s, In c .
CU 88-52
Request - 4-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - OG (Office General)
CC (Commercial Center)
CG (Gene ra 1 Commer cia 1)
ALII (Aquatic Lands/Interior)
Ms. Harvey advised as follows; Thi.s LS a request for on pr.emise consumption of
alcoholic beverages in the Commerci.al Center zoning district; the specific
req ues t is for a proposed change in stat e 1 ic ens e des ignat ion from a 4-COP-SRX
license to a 4-COP license; th.:~ governing sections of the Land Development
Code are Sections 136.024 and l36.025(b); the Traffi.c Engineer had no
objection; the Police Department: sa\., no reason to deny license to applicant;
and, no variance to the separation requirement will be required. Ms. Harvey
advised that staff recommended approval subject to the following: 1) TIlat the
new alcoholic beverage license be procured within 6 months.
Mr. Bob Tiller, representatLve of appliumt, advised the state has required
that the license be changed to 11 4-COP. After questioning by Hr. Schwab, Mr.
Tiller advised the present 4--COP-SRX license requires SI% fcod sales and
applicant is below the 51%. He added that the operation will not change.
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No persons appeared in support of or in opposition to the above request.
Mo t ion was made by Mr. Ham i 1 ton, seconded by Nr. Ferre 11, to approve the above
request subject to the following: 1) That the new alcoholic beverage license
be procured within 6 months. Motion carried unanimously (5 to 0).
5. H&B 4l~.09, Sec. 21-29S'-15E
(1530 South Ft. Harrison Avenue)
Peter Gianfilippo, John & Michael
Gianfilippo/Charles Perry
CU 88-53
Request - Business/Professional Office
(ReaL Estate Office Ear Tourists)
Zoned - CR-24 (Resort Commercial "Twenty-Four")
Ms. Harvey advised as follows: This is a request for a business/professional
office in the Resort Commercial "Twenty-Four" zoning district; the gover.ning
sections of the Land Development Code are Sections 136.025(b) and (c)(S); and,
the above is the site of an exis ting bui ld ing proposed to be used as a real
estate office. Ms. Harvey advlsed starf recommended approval of the above
request subject to the following: 1) That the Occupational License be procured
within 6 months.
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Atty. Charles Perry, attorney for applicant advised the subject building is
being renovated for use as a relll estate offi.ce and applicant is well within
parking requirements-
No persons appeared Ln support of or in opposition to the above request.
P & Z MINUTES
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07/26/88
Request - Marina (Boat Rental of
Existing Slips)
Zoned - CB (Beach Comrnerc ial)
AL/C (Aquatic Lands/Coastal)
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Mo t ion was made by Ms. Nixon, seconded by Mr. Fe rre 1 t , to ap p rove the above
request subject to the following: l) That the Occupational License be procured
within 6 months. Motion carried unuuLmously (5 to 0).
6 . M& B 3 J . 02, Se c. 28 - 2 8 S" 16 E
(2518-C McMullen Booth Road)
Rutenberg Associates, Ltd_'
Northwood Restaurant Corp./
Edward & Beverly Smith
CU 88-54
Rcquest - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
OL (Limited Office)
Ms. Harvey advised as follows: TI1is is a request for on premise consumption of
alcoholic beverages 1n the Commerci.al Center. zoning di.strict; the specific
state license being applied for 18 a 2-COP stat(~ license; the governing
sections of the Land Development Code are Sections lJ6.02L~ and IJ6.025(b); the
subject location is the site of an existing restaurant known as Edibles; the
Traffic Engineer had no objection; the Police Department saw no reason to deny
license to applicant; and, no vari8nce to the separati.on requirement will be
required. Ms. Harvey advised staff recommended approval of the above request
subject to the following: 1) That the alcoholic beverage license be procured
within 6 months.
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Hs. Beverly Smith, applicant, advised as that the restaurant is open for lunch
and dinner and she would like to serve beer and wine in the restaurant. After
questioning by Hs. ~ixon, Hs. Smith advised the previous owner had an
alcoholic beverage license but in the two years Edibles has been opened, there
has been no alcoholic beverage license.
No persons appeared in support of or in opposition to the above request.
Notion was made by Ms. Nixon, seconded by Hr. Hamilton, to approve the above
reques t sub j ec t to the fo llowing: 1) Tha t the alcoholic beverage 1 ic ense be
procured within 6 months. Motion carried unanimously (5 to 0).
7. Lot 5 & Part Lot 6, Blk_ C,
Barbour Morrow Sub.
(419 East Shore Drive)
Clearwater Beach Dock & Marine, Inc./
Charles A. Graff
CU 88-55
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Ns- Harvey advised as follows; This is a request Eor a mar.ina, specifically
boat rental of existing slips, located in the Aquatic Lands/Coastal zoning
district adjacent to upland property zoned Beach Commercial, the governing
sections of the Land Development Code are Sections 136.02S(b) and (c)(l8)j
this is an existi.ng dock for which commercial rental of slips is proposed; the
Traffic Engineer commented that parking must be adl-~quate; and, the
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Harbormaster commcntl!cl that thl~ l!xisting dock structure 1S not safe and must
b(~ upgraded. Ms. I{;lrvcy st.1tecl that th~ n~quired parking must be dedicated to
this use. Ms. Harvey advised st.:l[f recommended approval subject to the
follow i n g : 1) Th a t tit e Oc cup a t ion.q 1 Li c ens c be 0 b t a i. n e d wit h in 6 III 0 nth s ; 2 )
That the dock structl1tt~ b(~ upgraded to meet the requirelnents of Building
Inspection and the It<.lrbormaster; ,lnd, 3) That evidence be provided to the
Traffic Engineer that pdrking i.s provided as required by Code.
After questioning by Hr. Fl~rrell, Hs. Harvey statcil the Board may include a
condition that the operation would be open only during daylight hours.
Mr. Roger Larson, representative of applicant) advised as follows:
Arrangements have been made for refurbi.shing of the dock, the request is being'
made because of new tenants and there is no change in use; and, applicant will
provide documentati.on n~quired for parking. A.fter questioning by Mr. Schwob,
Mr. Larson stated tIle operation will be similar in nature; it will be a
franchise-type operat i.on which has stiff requirements, and, there will be no
repairs or gassing of boats at the facility.
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In opposition to the above request, Ms. Fedor, 411 Shore Drive, stated 4 of
the pilings Eor the subject dock are on her property, her parl<ing is used by
persons at the .'3bove location, and there are oil spills. She added that her
guests complain. She stated thl~re is a marina within walking distance of the
subject property. A.fter questioning by Hs. Nixon, Hs_ Fedor stated the
problems have been with the prior owner_
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In rebuttal. Mr. Larson stated his operation
a lease arrangement. He stated there ,,,ill
supplies and no gas in the area. He felt the
be resolved between the property owner and Ms.
will be quiet and will consist of
be no unloading or loading of
problem with the pilings should
Fedo r.
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Mr. Ferrell stated that since the docks will need upgrading, the problem of
the 4 pilings may be corrected. He felt the new tenant may be a better tenant
than the tenant who previously occupied the property.
Motion ,,,as made by Mr. Ferrell, seconded by Ms. Nixon, to approve tile above
request subject to the following: 1) That the Occupational License be obtained
within 6 months; 2) That the dock structure be upgraded to meet the
requirements of Building Inspection and the Harbormaster; 3) That evidence be
provided to the Traffic Engineer that parking is provided as required by Code;
and, 4) That hours of operation be limited to daylight hours. Motion carried
unanimously (5 to 0).
8. Lots 2 through 5 and 7 through 10,
Blk. A, Gunn's Addition
(2086 Gulf to Bay Boulevard)
SDS Investments/Emil C. Marquardt, Jr.
CU 88-56
Request - 1. Outdoor Retail Sales,
Displays and/or Storage AND
2. Vehicle Service
Zoned - CC (General Commercial)
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Hs. Harvey advised as follows: These requests are for outdoor retail sales,
displays and/or servLce and vehicle service in the General Commercial zoning
district; the governi.ng sections of the Land Development Code are Sections
.136.025(b), (c)(22), and (c)(27); the Traffic Engineer had no comments; the
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9. Part Blk. A, NaIL Mortonson;
Lots 5 through 11, Blk. 17,
Gould & Ewing Sub; and,
Part M&B 11.01, Sec. l6-29S-15E
(633 Drew Street)
Carroll M. & Barbara S. Nall/
Michael J. Gaylor
CU 88-57
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subject property i::l currently used as parking by Carlisle ~1otors previously
approved by the Planning and Zoning Board; appl icant now request uses [or
proposed new dealershi.p, and, a preliminary site plan hils been r.:!viewcd by
City Commissi.on and nuthorlzed for [Lnal staff review pending ;1pprov.::l1 of
conditional uses by this Board. Ms. Harvey advised staff recomlnf!nd(~d .1pprov.:l1.
of the .1bove rr.quest subject to the following: 1) That the Ct~rti.ri.cntc of
Oc cup a n c y b e pro cur e d wit h in the t i me 1 i m ita t l!) n s 0 f c e r t i fi e d Hit e pIa n .
Atty. Emil C. Marquardt, Jr., attorney for applicant, stated the above request
is on extension of a previously granted approval- After questioning by Board
members, Mr. Marquardt advis(~d as follows: Service \o/i11 be limited and there
wi 1.1 b e no he a vy v e hie t e s e r vi c e. t he r e will b e car de t a i. 1 i ng do n e; the fro n t
portion of the property will include .1 showroom; and, the Landscape buffer is
on the Carlisle Motors' side of the fence.
No persons appeared in support of or in opposition to the above request.
Notion was made by Mr.Ferrell, seconded by Ms. Nixon, to the above request
subject to the following: 1) That the Certific.'1tc of Occupancy be procured
within the time limitations of certified site plan. Motion carried unan~nously
(5 to 0).
Reques t
Zoned
Temporary Building (Lumber Store)
- UG[e] (Urban Center [Core])
Ms. Harvey advised as follows; This is a request for a temporary building in
the Urban Center [Core] 7.oning district; the governing sections of the Land
Development Code are Sections 136-025(b) and 136.Ql7(d); the location is the
site of an eXlsting lumbar yard that was destroyed by fire and applicant
requests approval of a temporary structure to resume business, and the Traffic
Engineer had no objection. Ms. Harvey advised staff recommended approval for a
period of one (1) year.
Mr. Carroll NaIL, applicant, advised the building was destroyed by Eire on
Memorial Day. He added that temporary building is requested to used until the
site can be developed with a permanent structure-
No persons appeared in support of o~ in opposition to the above request.
Motion was made by Mr. llamilton,
the temporary building for a
unanimously (5 to 0).
seconded by Mr. Green, to approve the use of
period of one (1) year~ Motion carried
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Request - Outdoor Commercial
Recreation/Entertainment
Zoned - CH (Highway Commercial)
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10. Lots 5 7 ano 8
Countryside Village Square
(2549 Countryside Boulevard, Suite 2)
Countryside Village Ltd./Naughty's,
Inc./Patricia Muscarell3
CU 88-58
Request - 4-COP-SRX (On Premise Conswnption
of Alcoholic Beverag~s)
Zoned - CC (Commercial Center)
Ms. Harvey stated that, as previously advised, the above i.tem ,.,ill need to be
continued to the meeting of August 16, L988 due to the public heari.ng noti.ces
not being properly sent to neighboring residence~-
Mo t ion was made by Mr. Green, s ec anded by Mr. Hami 1 ton, to con t i nue the above
item to the Planning and Zoning Hoard Meeting scheduled tor August 16, 1988.
Motion carried unanimously (5 to 0).
11 . La t 7, B 1 a c k bur n S 11 b .
(Vacant Land on the West Side of
U.S. 19 npprox. 1,300 ft. north of
Sunset Point Road)
Victor G. & Rose M. Valdes/
Ed Arms t ro ng
CU 88-59
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Ms. Harvey advised as follows: This is a request for outdoor commercial
recreation/entertainment in the Highway Commercial zoning district; the
specific request is for a mini-galE complex; a preliminary site plan has been
reviewed by the City Commission and authorized for final review by staff
subject to approval of a conditional use by this Board; and, the Traffic
Engineer had no objection. Ms. Harvey advised that staff recommended approval
of the above request subject to the following: 1) That the Bui.lding permit be
procured within the time limitations specified on the certified site plan.
Atty. Ed Armstrong, attOl."ney for applicant, advised <15 follows: The property
is approximately 3.25 acres, the requested conditional use is in conformance
with the Highway Commercial zoning and the Land Use Plan; and, U.s. Hwy. 19 is
appropriate for such a use. Mr. Armstrong sho",ed photographs of similar
operations.
After questioning by Ms- Nixon, Ms. Harvey advised that the site plan has not
been approved and applicant will be required to meet landscaping requirements.
She further explained the diffi.culty of maintaining a heavily wooded lot in
the Highway Commercial zoning district.
No persons appeared 1n support of or in opposition to the above request.
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Motion was made by Hr. Green, seconded by Ms. Nixon, to approve the above
request subject to the following: 1) That the Building permit be procured
within the time limitations specified on the certified site plan. Motion
carried unanimously (5 to 0).
P & Z MINUTES
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12. Lo t 1 ~ Loehman's Plaza
(1730 U. s. llwy. 19 North)
Principal Mutual Life Insurunce Co.!
Coyotes Restaurant oC Clearwater, Inc.!
George Pav1i.ck
CU 88--60
Request - 4-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CC (Commercial Center)
Ms. Harvey advised as follows: This lS a request for on premises consumption
of alcoholic beverages In the Commercial Center zoning distri.ct, the speclfic
request is for a change in license designation from a 4--Cop.-SRX to a 4--COPj
the governing sections of the Land Development Code <Ire Sections 136.024 and
136.02S(b); the property is the si.te of an existi.ng r(~staurant; the TraffLc
Engineer had no object ion; the Police Department saw no reason to deny
license to applicant, and, approval oC variances to the separation distance
will be required by the City Commission from both a residential zone and the
proximity of another :llcoholic bevl~rage establishment, prompted due to the
change in license desi.gnation. Hs. Harvey advised staff recommended approval
of the above request subject to the following: 1) That the new alcoholic
beverage license be approved wi.thin 6 months, and 2) That varlances to the
separation requirement be approved by the City Commission.
Mr. Rick Pavlick, applicant, advised as follows; This a request is made to
change the license designation from 4-COP-SRX to 4-COP; the operation is still
open for lunch and dinner, which is part of the operation; there will be no
change in the operati.on.; the reason for the r8quest is that it is difficult to
meet the 51% food requirement; there have been no problems since the operation
has been open; there is no direct access to a residential area. there was a L~-
COP license at this location previously and Coyote's has been promoting food
sales by running specials; and. Coyote's is <l member or the Chamber of
Commerce and has bl!en involved i.n the community. After questioning by Mr.
Schwab, Mr. Pavlick stated Coyote's does have live entertainment but the live
entertainment is top 40 hits not rock mus ic or d<1nct~ mus ic. He added there
has been no problem with noise as the building is very well insulated.
Ms. Nixon commented that she had vis ited the establ ishment and felt the reason
applicant was having trouble meeti.ng the food requirement \.vas because there
was too mllch distraction Clnd noise. She stated her visi.t was made on a Sunday
afternoon about 5 :30 PH to hear a Raggae band, but the band, two televisions,
videa machines, and people screaming made eating difficult.
Mr. Hamilton suggested that may be why the request fo'r change 1n license
designation was made.
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In appos ition to the above request, Don Os tergard, Mutual Li fe Insurance
Company, on-site representative of property owner, stated there was :1
misunderstanding in reviewing the do~umentation that the owners of the lounge
brought th(~ information to him to sign to agree to appear before this Board,
he doeo not have the authority without contacting the property owner to give
suppor.t to or authorize the above request. He stated since that time the
property owner notified him that Mutual Life is opposed to the above request.
He stated the establishment, under the terms of the lease, is for a
res taurant that is allowed to sell alcoholic beverages. He read and submitted
a letter of nonsupport from the Commercial Real Estate Representative of
Principal. Mutual Life Insurallce Company (see attached). He stated there is
P & Z MINUTES
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07/26/88
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another tl~n<1I1t wLth a 4-COP li.cl~nsl~ l>ll the property al1d thou~h there 1.8
nothing that can be done about that opl~l'atLon, Hutu.11 Li [I~ fl?lt it was not lf1
the b'2st interest of the property to have ~lnother L.-COP operati.on. He advised
the location is on the interior of the property. After questioni.ng by Hr.
Schwab, Hr. Ostergard stated Hutual Life has been the nl:~W owners of the
Shopping Center since Hay, 1988.
Aftel" questioning by Hr. Green, Mr. Galbrai.th st:ll:ed the Code requires the
property owner to join the application.
After questioning by Mr. Hamilton, Nr. Ostergard stated applicant requested he
sign the appropriat(~ form so that applicant could get the application filed
with the City in n timQly manner. lie also stat(!d llt) .1dvis~~d applicant that he
would be required to forward a copy of the documents to the legal counsel in
the home office. lie further ~;tated applicant C1ssurecl hi.m that the form wa~
simply <1 notice that he wDuld aplh~'::H as the l.:lndlorc1 and the form \vtlS n(~i.ther
to confirm nor deny the properly owner I s posi ti..)o on the request. Mr.
Os tergard stated appl icant further advisl.~cl that time w."]S 0 [ thl~ essenCQ <1nd if
submission of the form was delayed it \oJould cause the action on this request
to be f. u r the r d t~ lay \2 d . H LOS t erg a r d s tat cd t hat i. n goo d fa i t h w i. t h t 11 e
appli.cant, not knowing \"hat the l'~g.11 counsed would re.pr'::~sP~it, he signed the
form aft,,~r explaining to the homc: O[[lCi:~ that wh:lt h(~ was signing was .:l form
agree ing that )lr. Os t'~rgard would 8ppenr befoJ~~~ th i.s BO<]fcl. He .cldded he did
not a g r e ,,~ to sup po r t the c h a n g l~ i n 1 i. c ,~ ns e des i g n a t i. n n .
."
liJL.
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After questioning by Mr. Galhraitll! Mr. Ostergard advised the form states that
he authorized himself to appe3c bt~f()re this Board for the change of license
designation but no Hherc in the form do(~s it state that he supports the change
in llcensl:~ designation. Hc! ndded the form only states that he will appear. Hr.
Ga Ibra ith stated the form was signed by George Pavl Lck who claims to be the
representative of the o....Tn~r and the business. Nr. Ostergard stated Geurge
Pavlick IIWY repr':2sent the I)wner of Coyote's but 1H~ does not represent the
property owner. Aftel: questioning by Ms. Ni.xon, Hr. Galbr.:1i.th stated the owner
of the property is opposl~cl to the business. Mr. Galbrai.t:h stated if the form
had been filled out for Hr. Pavlick to appeclt~ and SigllCd by Mr. Ostergard it
would be mor'~ clear but }ir. Ostergard only authorized himself to appear before
this Board.
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In rebuttal, Mr. Pavlick advised when Coyote's took over the property from th~
prior tenant the license could have been transft-~rred to Coyote IS. He added
that elt that time there was nothing in the l(~asr~ thnt stated there would be
any specific license. He stated he told the previous owners that Coyote's
would try a 4-COP--SRX 1 icense but if th.:Jt license di.d not work Coyote's would
change to a 4-COP license. He also stated the lease only indic.:ltes Coyote's
will serve liquor and Coyote's wi1.l serve food. He st,lted thLS shopping center
hl1s h,3d a number of hanlships and is only about 50% occupied. Mr. Pavlick
stated it is very diffi.cult because Coyot21s has little visibility and there
is very little foot traffic. He advised that being located in a mall makes it
difficult to attract customers t:o a premises only to eat which makes it
difficult: to meet the food sales requirement. lIe stated as part of the lease
Coyote's had, there was no mention of a problem if Coyote's desired to change
to a 4-COP llcense. He stated tht~re was a 4'-COP license already at the
location and he felt that denying this request would be an example that
Coyote's was being singled out when Coyote's could have transferred the
previous 4-COP license. He felt it was in the best interest of Coyote's and
thl~ shopping center as it is stipulated in the lease that Coyot:e's pays rent
based on pl~rcentage of gross sales. lIe stated Coyote's is currently serving
food and alcoholic bevl~rages as ,,,ell as operating an establishment. He stated
P & Z MINUTES
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07/26/88
Mo ti on was made by ~1r.
request based upon the
request. Motion carried
Ham i 1 ton, SI~CO nded by Ms. Nixon., to deny
property owner appearing in opposition to
unanimously (5 to 0).
the above
the ab ove
/.... .
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it would not be fair to Coyote's to deny the n~quest. Mr. Pavl ick advised he
has been in this business for 18 years and Coyote's is very involved in. the
cOT11lnunity. He felt the request W.3S a necessity and denial would be .:1 hardship
on Coyote's. He felt Coyote's was an asset to the shopping center and advised
Coyote's has put $250,000 into the property which adds to the property owner s
value. l~ advised the building has no other use except for this use.
After questioning by Mr. Schwob, Mr. Pavlick stated the State has not
complained at this time about not meetillg the 51~~ food requirement but he
foresees a possible problem meeting the 5l~~ food requirement which is the
reason Ear the request. He added that with being within the plaza where there
is little foot traffic adds to the difficulty in meeting the food requirement.
He felt Coyote's should not be penalized because a change in property
ownership.
Mr. Hamilton €Kpressed concern that since there was a tenant/landlord dispute
he was not sure this Board could approve the request, even though he felt this
was a good location for <3 4-COP license. lIe stated the conditional use is
granted to the property OWlh~r not to the tenant. Ms. Harvey stated a
cond itional use is pecull!lr to the business owner because i.E the business
owner changes that request would also come before this Board.
Mr. Green sta ted he \vould h.:1ve no problem \vith a 4-COP license i.n that
location but felt the City should not be i.nvolved i.n owner/tenant disputes.
Ms. Nixon felt a 4-COP--SRX license would work at the location_ She felt the
food was inexpensive and large quantities "Were served but she felt food
business would be better if it weren1 t for the distractions.
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Nr_ Galbraith advised that Section 137.011(g) (1) of the Land Development Code
sUltes "An appli.::ation for conditional use shall be prepared on a form to be
provided by the developmc>1t code admini.strator and shall be signed by the
owner or tenant of the property. Any application signed by a tenant shall be
supplemented by a written statemellt oE consent from the property owner." Mr.
Galbraith felt the consent of the owner is required.
1 3 . La t 8, B I k. K ,
Salls' Lake Park Third Add.
(3013 St. Croix Drive)
Emelita M. Barger Fulton
CU 88-61
Request - Levell Group Care
Zoned RS-8 (Single--Fami ly Residential "Eight")
\.~. .
Ms. Harvey advised as follows: This is a request Ear a Level I Group Care
facility in the RS-8 zonillg district; the governing sections of the Land
Development Code are Sections 136.025(b) and (c)(14); the request is to
expand an existing ACLF, authorized June 29, 1987, that now allows Eor 5
persons to be cared for plus 2 resident supervisors to 7 persons to be cared
fOT; they are proposing to expand the allowable persons to be cared for to 7
under the provisiolls of t.he State license; the Development Code Adjustment
Board approved a variance to the land area for 7 persons on June 30, 1988; and
a variance is still to be con.sidered for parking, which variance is supported
P 0. Z MINUTES
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Request - Temporary Building (Office Use)
Zoned - CG (General Commercial)
~""'-"
(
by the Traffi.c Engineer. tis- lIat-vey advi.sed staU rt~cOlntn(!nd\~d o1pproval o( the
above request subject to the following: 1) Th:lt thc~ new Occupat lono11 Li.cense
fOl' 7 persons be procured within 6 months 31HI 2) That ,1 p.1rking variance be
granted by the Development Code Adjustment Board.
Mr. Donald Fulton, representative of <tpplicant, advised as follows: Applicant
wants to expand residents frolD 5 to 7 persons because of a request (or
clientele; applicant has a waiting list; and applic.:tnt wants to keep parking
ide n tic a 1. too the r pat- kin g i. nth ear ea. ~1 r . F u 1 ton sub rn i t t e d aLe t t e r from
adjacent property owneLS in support of the above request (see attached). Hr.
Fulton showed pictures of the exteri.or and interior of the subject property.
After questioning by Mr. Schwab, Nr. Fulton stated he is the manager of the
above ACLF; he has been operati.ng since last August, the aver.age age oE the
residents is 85 years, and, none of the residents own vehicles,
Ms. Harvey advised one letter of objection was received from an area resident.
No persons appeared in support of or in opposition to the above request.
Ms. Nixon stated she was certain there was another ACLF within 1200 feet of
the subject location. Ms. Harvey advised she checked the maps and there was no
ACLF within 1200 fect. Ms. Harvey also acivlsed if there is another ACLF within
1200 feet a var~ance to the separation distance would also be r~quired.
",". -
t
~.
~<'1.#,
Mo tion was made by Ms. Nixon, seconded by Mr. Green, to approve the above
request subject to the following: 1) 'That the new Occupational License for 7
persons be procured within 6 months: 2) That a parking variance be granted by
the Development Code Adjustment Board; and, 3) That a variance to the
separation dist<1l1ce be obta ined if i.t is found that applicant's property is
within 1200 feet of a l:i.censed Adult Congregate Living Facility. Motion
carried unanimous ly (5 to 0) .
14. Lot 2, Studebaker's Sub.
(2516 Gulf to Bay TIoulevard)
Blackpool Palace Ltd. of FL, Inc.!
Mickey & Jan pattemore/Robert E. Gregg
CU 88 '~62
Ms. Harvey advi.sed as follows: This is a request for a temporary building for
office use in the General Commercial zoning district; the governing sections
of the Land Development Code are Section l36.025(b) for the conditional use
and this Board is authorized to review this use under Section 136.017(d); the
site is an ex is t ing res tauran t and 1011 ng e wi th a 4 -COP- SRX 1 icens ed governed
as a 4-COP; the Traffic Engineer had no objections; and, the temporary
building is requested to house offices. Ms. Harvey stated it appears the
building is to be located in a driveway and questioned the need of the
temporary building_ She added that temporary buildings are authorized for a
limited time only. Ms. Harvey stated she cannot make a recommendation until
there is a better idea what the applicant intends for the temporary building_
(~-
Mr. Walt Rozanski, representative of applicant, advised applicant 1S
requesting the office space to have the room to implement inhouse work that
had been previously contracted out. He added that applicant does not know how
this new system will work and applicant does not want to invest more money 1n
a permanent building until such time that applicant can ascertain if this new
P & Z MINUTES
13
07/26/88
.(
(
X,.
Request - Annexation and Zoning, RS-8
(Single Family Residential "Eight")
>.
system will work. Mr. Roz{lnski stated there will be no tOLlet faci1iti~1s in
the temporary building and if it is nec(~ssury to continue use oE the office
space applicant will meet all City requirements.
r'"
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Ms. Harvey advised, that in view of thl:~ .'lddition:ll informntion supplied by
app 1 ic ant, 5 ta [f recommend ed approva 1 of the above r eq uest sub j cc t to the
following: 1) That use of the building be approved Eor a period oE one (1)
year, and, 2) That appro'J.1 1 lS gran ted sub j ec t to t"cview an.d .1pprov a 1 by the
Fire Marshal. Ms. Harvey advised the second condition is recommended to assure
emergency service to the property will not be obstructed.
No persons appeared in support of or in opposition to the above request.
Mo t i on was made by Mr. Gre e n, seconded by M1' _ Ham i 1 ton ~ to app rove the .1bove
request subject to the following: 1) That use of the building be approved for
a period of one (1) year, and, 2) That approval is granted subject to review
and approval by the Fire Marshal. Motion carried unanimously (5 to 0).
The "Board recessed ilt 2:l~6 PN and reconvened at 2:55 PN.
C. A.nnexation, Zoning Atlas <1ml Land Use Plan Amendmellt
and Local Planning Agency Review:
1-
Lot 1, Elk. A, Sunset Point Estates
(Located at the southwest corner of
the Intersection of Old Coachman
Road and Amerieus Drive)
(Sempsrot t)
A 88-15
The above property is located at the southwest corner of the Intersection of
Old Co achman Road and Arne rie us Dr ive.
The applicant was not present.
Ms. Harvey advised the above request is Eat" annexation and RS-8 (Single Family
Residential "Eight") zoning and the request is made in order Eor the applicant
to rece ive ci ty sewer. Ms. Harvey ad vi sed s t a ff recommended approval 0 f the
t"equest Eot:' annexation and RS-8 (Single Family Residential "Eight") zoning.
Motion was made by Mr. Ramilton, seconded by Mr. Green, to recommend approval
of the annexation and R8-8 (Single Family Residential "Eight") zoning. Motion
carried unanimously (5 to 0).
{f..,..,.
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P & Z MINUTES
14
07/26/88
2.
Lo t 1 0 . B 1 Ie. D, Vir gin i a G r 0 v e
Terrace, 5th Add.
(Located on the south side of St. John's
Drive, east of St. Croix Drive)
(Archontakis)
A 88-16
(.
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Request - AnneKation and Zoning, RS 8
(Single Family Residential "Eight")
The above property is located on the south side of St. John's Drive, east of
St. Croix. Drive.
The applicant was not present.
Ms. Harvey advised the above request is for annexation and RS-8 (Single Family
Residential "Eight") zoning and the request is made in order for the applicant
to rece ive Ci ty sewer. Ms. Ha rvey ad vi sed s ta f f rec omme nded approva I of the
request Eor annexation and RS-8 (Single Family Residential "Eight") zoning.
Motion was made by Ms. Nixon, seconded by Mr. Hamilton, to recommend approval
of the annexation and RS-8 (Single Family Residential "Eight") zoning. Motion
carried unanimously (5 to 0).
(
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3. Lots 15 through 19, Dunromin Sub.
(Located at the northeast corner of
the Intersection of South Belcher Road
and Wistful Vista Drive)
(Wilson)
A 88-17
Request - AnneKation and Zoning, 01
(Limited Office)
The above property 15 located at the northeast corner of the Intersection of
South Belcher Road and Wistful Vista Drive.
The applicant was not present.
Ms. Harvey advised it is
representative to be present
be continued to the Planning
1988.
necess ary for
and it would be
and Zo ni ng Board
the applicant or applicant s
necessary for the above item to
Meeting scheduled for August 16,
Mo t i.on was made by Hr. Gr een, s ec ond ed by Ms. Nixon, to cont inue the above
item to the Planning and Zoning Board M.eeting scheduled Eor August 16, 1988.
Motion carried unanimously (5 to 0) .
i
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P & Z HINUTES
15
07/26/88
Motion was made by Ms. Nixon, seconded by Mr. Green,
the annexation and RS-8 (Single Family Residential
carried unanimously (5 to 0).
to recommend approval of
"Eigh t") zon~ng. Mot ion
(""
4. Lot 4, Blk. B, Palmetto Tcrr;tCI~
(Located on the south side of Arlington
Place, east of Belcher Road)
(Scrivner)
A 88-18
Request - Annexatlon and Zoning, RS-8
(Single Fellni ly Res ident ial "Eight")
The above property 1S located on the south side of Al"lington Place, east of
Be lcheI:" Road.
The applicant was not prescnt.
Ms. Harvey advised the above request is Eor annexation and RS-8 (Single Family
Res id ent ia 1 "Eigh t") zon ing a nd the rcques tis made in orde r for the app 1 ic ant
to recei.ve City sewer. Ns. Harvey advised staff recommended approval of the
request for annexation and RS-8 (Singl(~ Family Resi.dential "Eight") zoning.
/-t
f,
~",l""lr',.;, .
5. Lot 1, Blk. J, Skye rest Sub. Unit 9,
Lot 3, Blk. A and Lot 3, Blk. B~
Skycrest Sub. Unit 10
(Located south of Drew Street on both
the eas t and lyeS t side 0 f Nimbu s Avenue)
(Skycrest United Methodist Church)
LUP 88-6 Z 88-10
Zoning Atlas:
FROH; RS--8 (Single Family Residential "Eight")
TO: P/SP (Public/Semi-Public)
Land Use Plan:
FROM: Low De ns i ty Re side nt ial
TO: Public/Semi-Public
The above property is located south of Drew Street on both the east and Illest
sides of Nimbus Avenue.
Ms. Connie Haslanger, representative of Skycrest United Nethodist Church,
stated the request is being made to conform to the new land use standards for
parking. She added the Church's parking will be increased and having park.ing
on the subject property will alleviate pedestrian traffic.
~ ,
~,
Ms. Harvey advised this 1.5 a request for zoning atlas amendment from RS-S
(Single Family Residential "Eighttl) to plsp (Public/Semi-Public) and a Land
Use Plan amendment from Low Dens ity Res idential to Public/Semi-Public. She
added this Board's review ot this item will include review as the Local
Plann ing Agency 0 f tht~ La nd Us e Plan arne ndmen t. She added the Land Us e Plan
amendmen tine ludes the review by this Board as the Local Planning Agency. She
stated the property is proposed to be used as a parking lot. She added that
before the Land Development Code became effective parking was permitted in the
RS-8 zoning district. Ms. Harvey advised staff recommended approval of the
reques t Eor zoning at las amendment from RS-8 (Single Family Residential
P & Z MINUTES
16
07/26/88
In rebuttal, Ms. Haslanger advised that the
the dumpster is on Cyrus and the Church
location. She stated she do~s not feel
property. After questioning by Mr. Schwab,
wi 11 remain.
lot to
does
the
Ms.
be rezoned is on Nimbus and
not intend to change the
Church \dll be buying other
Has lange r stat ed the Oak tre e
"Eight") to p/SP (Public/Semi-Public) and a Land. Use Plan ilmendment from Low
Density Resid.ential to Fublic/Semi-Public.
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In support of the above request, the [ollowing person nppeared to glve his
comments;
Mr. R i c h a r d U 1 in e , 1 024 Du n can SOU t h, s tat e d the Ch u r c h nee d s the add i t ion a 1
property as there is not adequate parking at the current time.
In opposition to the above request, the following persons appeared to glve
their comments;
Mr. Arthur Onken, 106 North Nimbus Avenue, stated a majority of the people in
the area are against the above change and they feel additional parking is not
necessary. He also felt the neighborhood should be considered. He expl"essed
concern that dumps ters will be used closer to res iclent ial uses Clnd felt the
addition of approximately 18 parking spaces would not be worth tbe change.
Ms. Florence Me Elman, 18 No r th Nimbus Avenue, exp res sed cone errl tha tiE the
property is rezoned it will cause other changes to take place.
,-
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..I)......
Af tel." ques tioning by t'-1r - Schwob, Ms. Harvey ad vised th a t i:l ny other zo n lng
changes to the property will require coming before this Board.
Mr. Green assured those persons in opposition to the above request that any
further requests would be required to come before this Board.
Motion was made by Mr.
approval oE reques t for
Re s i. den t i a 1 "E i g h t " ) t 0
amendment from Low Dens i ty
unanimously (5 to 0).
Fe rre 11, seconded by Mr _ Hamilton, to recommend
zoning atlas amendment fr.om RS-8 (Single Family
p / s p ( Pub I i c / S e m i - Pub 1 i c ) an d a 1a nd Use Pia n
Residential to Public/Semi-Public. Motion carried
6. Lot 2, Coral Cove Sub.
(Located on the east side of Belcher
Road, south of Drew Street)
(Southland Corp., Sunshine Division/City)
LUP 88-8 Z 88-12
Zoning Atlas:
FROM: CG (General Commercial)
TO: OL (Lirnited Off ice)
Land Us e Plan:
FROM: Commercial/Tourist Facilities
TO: Residential/Office
i
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The above property is located on the east side of Belcher Road, south of Drew
Street.
Ms. Harvey advised that the above request is a City-initiated request and the
property owner has requested a continuance of the request since it received
P 8. Z MINUTES
17
07/26/88
Land Use Plan:
FROH: Low Density Residential
TO; Residential/Office
the public he,lring notice only the pr~vious CL1Y, She felt the property owner
should have i] chance to comment on the above \-equest and felt the continu.'mce
would b~ appropriate.
('-'
Motion was made by Mr. Hamilton, seconded by Mr~ Green, to conti.nue the above
request to the Planning and Zoning Board Meeting scheduled for August 16,
1988. Motion carried unanimously (5 to 0).
7. M&B 44.25, Sec. 21-29S-15E
(Located on the west side of Myetle
Avenue, north of Bryant Street)
(Espey)
LUP 88-7 Z 88-11
Zoning Atlas;
FROM: RM..8 (Uul t ip Ie Family Re side nt ia 1 "Eight ")
TO: OL (Limited Office)
The above property 1S located on the west side or Myrtle Avenue, north of
Bryant St ree t .
(,
Mr. Carlton Ward, representative of applicant, advised the property is under
contract for purchase with Isaiah's Inn. He stated Isaiah's Inn wants to be
able to utilize the property as a shelter for homeless. He also stated the
above request is necessary to allow fOL a Level III Group Care Facility. Mr.
\~ard fe I t the above req ues t meet s the req u i r Clneot s 0 f the La nd Deve lopme nt
Code and will be compatible with the surrounding neighborhood.
Ms. Harvey advised as follows: This is a request for a zoning atlas amendment
from RM-8 (Multiple Family Residential "Eight") to OL (Limited Office) and a
Land Use Plan amendment from Low Density Residential to Residential/Office;
the application was prompted by an interest from Isaiah's Inn to find a
suitable location for its project; and, the most appropriate zoning at the
present time at the above location is Limited Office. Ms. Harvey advised staff
recommended approval of the request for .:-l zoning atlas amendment from RM-8
(Mul tip Ie Fam ity Re s ident ia I liE ight") toOL (Lim ited Or f ic e) and a Land Use
~lan amendment from Low Density Residential to Residential/Office.
In support of the above request the following persons appeared to g~ve their
comments:
Chief Sid Klein., Chief of Police, City of Clearwater, stated he is in full
support of the application of Isaiah's Inn and felt this facility will help
solve smne of the problems with the homeless.
(
........'
Mrs. Lois Cormier, 625 McLennan Street, stated she has done research on the:
property, and the buildings are in poor condition. She felt by changing the
zoning from RM-8 to OL thi.s Board would be setting a precedent and the change
may be considered spot zoning as the parcel is less than an acre. Mrs. Cormier
stated she did, however, support the request because of the need for a shelter
for homl= less.
Mr. Ward advised that eight (8) persons appeared in support of the request and
were prepared to answer any questions the Board may have. Mr. Ward submitted a
P & Z MINUTES
18
07/26/88
. , : '.. t ,....."'. . ' ,~ ~' . .' '. '" ~ '. ',!..' ' I ..' .' " " . .' , . .'
resolution prepared by the Clcl1rw.1ter ChLltnbl~r o( Commerce ltl. support of the
above request (see attached).
(".
After questioning by M.r. Schwob, Ms. Harvey advised that ilS the Code 1S
written today, the request is appropriate. Slh~ <1ddl.~d that the Comprehensive
Plan identi.fies this use in the OL zoni.ng c1nd the category of cnre fits the
zoning.
Mr. Green stated he was in favor of the proposed facility but expressed
concern of the possibility that the intended use will not take place.
Mr. Hamilton stated he agreed \vith Mrs. Cormier but he felt this was a good
project with good people and a positive step in the right direction. He felt
for those reasons the application should be approved.
Ms. Nixon stated there was no disagreement on her part about Isaiahls Inn
being located at the subject property. She expressed concern about placing
Limited Office zoning on the site because it is one of the fe\ol places where
there is affordable housing. She expressed concern that similar changes may be
requested in the surrounding Area. After questioning by Ms. Nixon, Ms. Harvey
advised that a zoning change cannot be conditioned on a use.
1/ .
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}lr. Ward stated the Board must \,olOrk with the Code as it LS written today. He
added that there is crnnmercial zoning adjacent and to the south of the subject
property. He advised that, though a change in the Code may be a possibility in
the future, the above request must be acted on now. He stated applicant meets
the criteria. Mr. Ward requested the Board to recommend approval of the above
request and suggested that the Board may want to consider making a
recommendation to the Commission that a change be made in the Code to include
such a use in the Public/Semi-Public zoning district.
Hotion Wc'lS made by Mr. Green, seconded by Hr. Hami.lton, to recommend approval
of the request [or a zoning atlas amclldment [rom RM-8 (Multipll~ Family
Residential "Eightll) to OL (Limited Office) and a Land Use Plan amendment from
Low Density Resi.dential to Res idential/OfEice. Motion carried unanimously
(5 to 0) .
Motion was made by Ms. Nixon, seconded by Mr. Green, to recommend to the City
Commission that the Land Development Code be amended to include Level III
Group Car<:~ Faci lity as a conditional use in the Public/Semi.-public zoning
districc. Motion carried unanimously (5 to 0).
(~.~
P & Z MINUTES
19
07/26/88
TO:
Atlas:
p/SP
AL/C
CN
(Public/Semi Public) AND
(Aquatic Lands/Coastal)
(Neighborhood Commercial)
(-....
8. Part of Lots I and 2, Blk. A,
Fa i rburn Add.
(Located on the west side at the northern
terminus of Fairburn Avenue, north of
Engman Street)
(Everybody's Tabernacle/City)
LUP 88-13 Z 88-15
Zoning
FROM:
Land Use Plan:
FROM: Public/Semi.-Public AND None
TO; Commercial Tourist Facilities
The above property is located on the 'West side at the northern terminus of
Fairburn. A..venue, north of Engman Street.
;!
(~
.,......
Ms. Harvey advised this City-initiat~d request is Eor a zonlng atlas amendment
from p/SP (Public/Semi-Public) and AL/C (Aquatlc Lands/Coastal) to CN
(Neighborh.ood Commercial) and a Land Use Pl.:lI1 amendment from Public/Semi-
Public and None to Commercial Tourist Facilities. She advised the request 'Was
prompted by the conditional use application that was submitted by Everybody's
Tabernac le. She also advised the request is to extend II zoning district from
part of the subject property to all of the subject property. Ms. Harvey
advised that staEf recommended approval of the request for a zoning atlas
amendment from p/Sp (Public/Semi-Public) and AL/C (Aquatic Lands/Coastal) to
CN (Neighborhood Commercial) and a Land Use Plan amendment from Public/Semi-
Public and None to Commercial Tourist Facilities.
Hotion was made by Mr. Green, seconded by Mr. Ferrell, to recommend approval
of the request for a zoning atlas amendment fronl p!SP (Public/Semi-Public) and
AL/C (Aquatic Lands/Coastal) to CN (Neighborhood Commercial) and a Land Use
Plan amendment from Public/Semi-Public and None to Commercial Tourist
Facilities. Motion carried unanimously (5 to 0).
9. Part of Lots 23, 24, and 25,
Island Estates Unit SA Sub.
(Located at the northwest corner of the
intersection of Larbord Way and
Dolphin Point)
(Lark Investment, Inc.)
LVP 88-15 Z 88-17
Zoning Atlas:
FROM: RM-20 (Multiple Family Residential "Twenty")
TO: p/sp (Public/Semi-Public)
Land Use Plan:
FROM: High Density Residential
TO: Public/Semi-Public
t'
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The above property is located at the northwest corner of the intersection of
Larbord ~ay and Dolphin Point-
P & Z MI NLJTES
20
07/26/88
j'''c
I
Mr.Richard Baker, represl~ntati.ve
proposed for the property stmt. lar
Beach. Mr. Baker showed il rendering
()( GTE, Ht.:Jt(~d :.I switching
to t.he Olle n!cently bui.lt on
o( the proposed [acili.ty.
stat i.on .i..s
Clearwater
Ms. Barbara Terpening,
is 11 contr.act to sell
Is 1 ,1 nd Es tat e s .
re(>resent:ttLv(~ of Lark Invl~sLm('I1t.. Inc., advised thel~e
thl~ property to GTE. who lH in n(~I~d o[ a faci.lity lO
Ms. Ha rvey s ta ted the .1.b ove reques tis f 0r ;j zon i ng a t Las amendment from RM 20
(Hultiple Family Residential "T\"cnty") to p/Sp (Public/Scmi.-Public) and a Land
Use Plan amendment from High Dens ity Residential to Publ ie/Semi..Public. She
also stated the request is specifically Ear tllt~ put-pose of installing a GTE
switching stati.on. She further stated a replat is b,.:;ing reviewed by the City
and is schedule to be heard by the Ci.ty Commission on August 4, 1988. Ms.
Harvey advised staff recommended app~oval of the request is for a zoning atlas
amendment from RM-20 (Nultiple Family Residenti.al "Twentyll) to p/SP
(Public/Semi-Public) and a Lnnd lJse Plan .:1mendm~~nt [rom High D(~nsity
Residential to Public/Semi-Public.
In opposition to the above request, the following perSOllS appean~d to gIve
their comments:
Mr. David Kurland, adjacent property owner, stated the neighborhood 18 a
highly desirable neighborhood and felt the request was an attempt to spot zone
by putting a commercial use ill ;) residential neighborhood. lIe ex.pressed
concern that air conditioning units on the property will cause too much noise.
Hr. Kurland stated he doesn't understand the necess ity of the zoning change
and felt that other properties were available that would be more appropriate.
"
Ms. Ann Garris, 38 Acacia, stated she lS not so much in opposition to the
request but felt the other facility on Clearwater Beach has more fencing than
what residents were led to believe. She felt the building does not fit into
other buildings in the neighborhood. Ms. Garris stated she would like to know
what kind oE fencing will be at the facility. After questioning by Mr. Schwob,
Ms~ Garris stated she has not noticed traffic at the facility on Clearwater
Beach and hasn't heard of complaints from residents eegarding noise, but she
felt the facility doesn't fit into the surrounding neighborhood.
!.
In rebuttal, Ms. Terpening stated other properties may be available but there
is a cost factor~ as well as the sLze of the property, to be considered.
In rebuttal, Hr. Baker advised part of the land will be retained as RH-20. He
stated GTE was required to have a detention pond at the other location and
felt GTE would be required to have a detention pond at the subject site.
After questioning by Board Inembers, Mr. Baker stated the maximum size of the
building will be 37.4 feet by 42 feet and property has been leased in the past
but only as a last resort. Mr. Baker stated there are insurance implications
to also consider. After questioning by Ms. Nixon, Mr. Baker advised GTE will
look into the possi.bility of using something similar to turf block rather than
cement.
\;
',,~.
After questioni.ng by Hr. Hamilton, Mr. Baker advised the cable facility
serves Island Estates and runs from Clearwater mainland. He added it is at 50%
capability of being used. Mr. Baker stated the cost to replace the cable is
prohibitive, the pr.oposed site is intended to serve a big area of the beach,
and the new cable will serve approximately 12,000.
,
I
P & Z MINUTES
21
07/26/88
Zoning Atlas:
FROM: RM-12 (Multiple Family Residential "Twelve")
TO: AL/I (Aquatic Lands/Interior)
Mr. Schwob felt the project would not be c'l detriment, the project doesn t
cause a lot of traffic, and the project does not di.srupt tr~lffic. He felt GTE
seems to have done a nice job with designing its buildings.
(-'
~
Mr. Green stated he understood the E::icility may be needed but felt there may
be a better location to put such a facility.
Ms. Harvey stated these facilities arc not allowed in il commercial zone. She
added these facilities are provided for in the Industrial and Public/Semi-
Public zoning specifically because they have to ask for a rezoning.
Ms. Nixon thought such a request was a conditional use 1n the Commercial
zoning district.
Mr. Ferrell felt the request has been made as compatible as possible.
Hotion was made by Mr. Ferre 11, seconded by Ms. Nixon, to recommend approva I
of the request for a zoning atlas amendment from RM-20 (Multiple Family
Re sid en t i al" Twe n t y ") toP / S p ( Pub 1 i c / S em i - Pub 1 i c ) and a Lan d Use P I a n
amendment from lligh Density Residenti.al to Pub1i.c/Semi-public. After roll
call, motion passed (3 to 2) with Hessrs. Ferrell, Hamilton, and Schwob voting
"aye" and Mr. Green and Ms.Nixon voting "nay."
10. PARCEL IFl AND PARCEL If2
(Located on the south side of Airport Drive,
west of Gilbert Street)
(S.C.C. Development Corp., Inc.)
LUP 88-5 Z 88-8
t'
~ . .
"-,-.,.
PARCEL IFl:
Par t M& B 3 3 . 0 1, Se c. 1 2 - 2 9 S - .1 5 E AN D
Lots 7 through 21, Part Lots 6 and 22,
Blk. C, and Vacated Streets, Drew Heights Sub.
Zoning Atlas:
FROM: m-l-12 (Multiple Family ResidentLal "Twelve")
TO: RS--8 (Single Family Residential "Eight")
Land Use Plan:
FROM: Medium Density Residential
TO; Low Density Residential
PARCEL If2
Part M&B 33.01: Sec. 12-29S-15E AND
Lots .1 through 5, Lots 23 through 28,
Part Lots 6 and 22, Blk. C, and
Vacated Streets, Drew Heights Sub.
The above property is located on the south side of Airport Drive, west of
Gilbert Street.
l- The applicant was not present.
P & Z HINUTES
22
07/26/88
('"
Ms. Ha r ve y a d vis e d i t 1 S
representative to be present
be continued to the Planning
1988.
llecessary for
<lod it would be
<md Zoning Board
the applicant or applicant s
nece ssa ry fo r the above item to
Meeting scheduled Eor August 16,
.,",
Motion was made by Mr. Green, seconded by Mr. Hamilton, to conti.nue the above
item to the Planning and Zoning Boat-d ~feeting scheduled for August 16, 1988.
Motion carried unanimously (5 to 0).
11. Portion M&B 33..03~ See.. 04-29S..16E
(Located on the west side of McMullen..Booth
Roadi north of S. R. 590)
(The Babcock Co.)
LUP 88-9 Z 88-13
Zoning Atlas:
FROM. RM-8 (Mul ti.ple Family Res ident ial "Eight")
TO: OL (Limited Office)
Land Use Plan:
FROM; Low Density Residential
TO. Residential/Office
The above property is located on the west side of McMul1en.-Booth Road. north
of S. R. 590.
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Mr. Steve Seibert, representative of applicant, stated the request does not
effect any res identi,al property. He added there are many environmental
constraints on the piece of property and only about 3 oE the 4.5 acres will
be able to be developed.
Ms. Harvey advised as follows; .This is a request: for a zoning atlas amendment
from RM-8 (Multiple Family Residential "Eight") to 01 (Limited Office) and a
Land Use Plan amendment from Low Density Residential to Residential/Office;
the property consists of a lot of trees and lowlands and the project is very
limited; and, the floor area ratio is in conformance with the former pinellas
Planning Council requirements. Ms. Harvey advised staff recommended approval
of the request for a zoning atlas amendment: from RM--8 (Multiple Family
Residential "Eight") to OL (Limited Office) and a land Use Plan amendment from
Low Density Residential to Residential/Office.
Motion was made by Mr. Green, seconded by Nr. Ferrell, to recommend approval
of the request for a zoning atlas :lmendment from RM-8 (Multiple Family
Residential "Eight") to OL (Limited Office) and a Land Use Plan amendment from
Low Density Residential to Residential/Office. Notion carried unanimous ly
(5 to 0).
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P & Z MINUTES
23
07/26/88
Land Use
FROM:
TO:
Plan:
Low Density Residential
Residential/Office
':' .
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12 . ME. B 22. 0 11 , Se c . 33 - 28 S 1 6 E
(Located south of Enterprise RO.'1d and
adjacent on the east to the proposed
extension or Landmark Drive)
(Voge 1)
LUP 88-10 A 88-19
Request - Annexation and Zoning, OL
(IJiffi ited Of E ice)
The above property is located south of Enterprise Road and adjacent on the
east to the proposed extension of Landmark Drive.
Mr. Steve Seibert, representative for applicant, explained the surrounding
land uses. He advised the project is proposed to be an office park. He also
advised that on the west side oE the property a 40 foot right--of-way is
required to allow tor the extension of Landmark Drive.
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Ms. Harvey advised as follows: This is a request for annexation, OL (Limited
Office) zoning and a Land Use Plan amendment from Low Density Residential to
Residential/Office; to the north is Limited Office and the property to the
east was limited to the development of offices by the pinellas Planning
Council; and, there is a proposed annexation agreement that specifically
relates to the proposed extension of Landmark Drive. Ms. Harvey stated letters
have been received that the residential neighbors would rather see office
development than commercial development.
Motion was made by Mr. Hamilton, seconded by Mr. Green, to recommend approval
of the request for annexation, OL (Limited Office) zoning and a Land Use Plan
amendment from Low Density Residential to Residential/Office. Motion carried
unanimously (5 to 0).
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P & Z MINUTES
24
07/26/88
Land Use Plan:
FROM: Mediu~ Density Residential
TO: High Density Residential
AGENDA ITEMS C(4) AND C(5) WERE DISCUSSED TOGETHER.
4.
(CONTINUED FROM 7/26/88 & TO BE CONTINUED TO 08/30/88)
PARCEL III AND PARCEL 1t2
(Located at the easteru terminus
of Seville Boulevard)
(Clearwater Seville, Ltd. and
AEL Partnership)
LUP 88-11 A 88-20
(--..'.
PARCEL Ill:
M&B 34.01, and Part M&Bs 21.01 & 34.02
Sees. 17-29S-16E & 20-29S-16E
Request - Annexation and Zoning, RM-28
(Multiple Family Residential "Twenty-Eight")
Land Use Plan:
FROM: Mediu~ Density Residential
TO: High Density Residen tial
PARCEL 1f2:
Part M&Bs 21.01 & 34_02
Sees. 17-29S-16E & 20-29S-16E
Request - Annexation and Zoning, AL/C
(Aquatic Lands/Coastal)
The above property is located at the eastern terminus of Seville Boulevard.
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5.
(CONTINUED FROM 7/26/88 & TO BE CONTINUED TO 08/30/88)
M&B 33.06, Sec. 17-29S-l6E
(Located south of existing Seville
Condominiums and south of Pearce
Drive [Private Street])
(Clearwater Seville, Ltd.)
LUP 88-12 Z 88-14
Zoning Atlas:
FROM: RH-12 (M.ultiple Familr Residential "Twelve")
TO: RM-28 (Multiple FamIly Residential "Twenty-Eight")
The above property is located south of e~isting Seville Condominiums and south
of Pearce Drive [Private Street].
Ms. Harvey advised it is necessary for the applicant to submit an impact
assessment on the above items and it has not yet been submitted. She also
advised it would be necessary for the above items to be continued to the
Planning and Zoning Board Meeting scheduled for August 30, 1988.
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Motion was made by Mr. Schwob, seconded by Mr. Green, to continue the above
items C(4) and C(5) to the Planning and Zoning Board Neeting scheduled for
August 30, 1988. Motion car~ied unanimously (7 to 0).
P & Z MINUTES
18
08/16/88
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15. PARCEL #1 and PARCEL #2
(Located north of S.R. 60 [Courtney Campbell
Causeway] and Clearwater Christian College
adjacent to Old Tampa Bay, commonly known as
Cooper's Point)
(pinellas County, City of Clearwater and
Clearwater Christian College)
LUP 88-14 Z 88-16
PARCEL 411 :
M&B 44.01, Sees. 09-29S'16E, 10-29S16E
and 15-29S-16E
Zoning Atlas;
FROM: RS-4 (Single Family Residential "Four")
TO; OS/R (Open Space/Recreation)
Land Use Plan:
FROM; Low Density Residential
TO: Rec rea t ion/ Open Space
PARCEL 4f2:
M& B 1 1 . 01, Se c. 16 - 29 S - 1 6 E
Zon ing At las :
FROM: RS-4 (Single Family Resi.dential "Four")
TO: P/SP (Public/Semi-Public)
,[,
t:'
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Land Use Plan:
FROM: Low Density Residential
TO; Public/Semi-Public
The above property is located north of S.R. 60 [Courtney Campbell Causeway]
and Clearwater Christian College adjacent to Old Tampa Bay, commonly known as
Cooper's Po in to
Ms.. Harvey advised this city-initiated request is for a zoning atlas a1l1endment
from RS-4 (Single Family Residential "Four") to OS/R (Open Space/Recreation)
and a Land Use Plan amendment from Low Density Residential to Recreation/Open
Space for PARCEL 1Fl and a zoning atlas amendment from RS-4 (Single Family
Residential "'Four") to p/SP (Public/Semi-Public) and a Land Use Plan amendment
from Low Density Residential to Public/Semi-Public for PARCEL if2. She advised
the change is made since the Ci ty now owns Cooper s Point. She also advised
that it is an appropriate classification. She stated that some small pieces of
property owned by the Clearwater Christian College are being rezoned to
Public/Semi-Public as they should be. She also stated these changes are made
to reflect proper ownership and the intent ot the City and County to preserve
property known as Cooper's Point. Ms. Harvey advised staff recommended
approval of the city-initiated request for a zoning atlas amendment from RS 4
(Single Family Residential "Four") to OS/R (Open Space/Recreation) and a Land
Use Plan amendment from Low Density Residential to Recreation/Open Space for
PARCEL in and a zoning atlas amendment from RS-4 (Single Family Residential
"Four") to p/Sp (Public/Semi-Public) and a Land Use Plan amendment from Low
Density Residential to Public/Semi-Public for PARCEL #2.
'-~/ Ms. Harvey advised that a letter of support was received from the pinellas
County Administrator.
P & Z MINUTES
26
07/26/88
Mo tion was made by Ms. Nixon, seconded by Hr. Green, to recommend ilpproval of
the city.'Lnitiated request for <:l zonLng atL1s am~ndment from ItS.L. (Single
Family Residential "Four") to OS/R (Open Space/Recreation) and 11 Land Use
Plan amendment from Low Density Residential to Recrc~C1tion/Open SpAce for
PARCEL 4ft and a zoning at las amelldment from RS 4 (Single Farni ly Res ident ial
"Four") to p/SP (Public/Semi-Public) and a Land Use Plan amendment [rom Low
DensLty Residential to Public/Semi-Public for PARCEL 112. Motion cilrried
unanimously (5 to 0).
(-
.
16. M&Bs 23.06 through 23-12,
Sec. 05-29S-16E
(Located on the north side of Main Street
east of U. S. Hwy. 19)
(Dirnmi t t)
LUP 88-16 A 88-21
Request - Annexati.on and Zoning, CG
(General Commercial)
Land Use Plan:
FROM; Medium Dellsity Residential
TO: Commercial/Tourist Facilities
The above property is located on the north s ide of Main Street, east of U. S.
Hwy. 1 9 ..
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Ms. Trish Muscarella, representative of applicant, stated the ,1bove property
is commercial in the County except for 50 feet of the eastern-most boundary.
She also stated the area is primarily commercial and the uses are
nonresident i.al south of Main Street. Ms. Muscarella advised applicant I.S
requesting annexation because it needs sewer hookups.
Ms- Harvey advised as follows: This LS a request for annexation, CG (General
Commercial) zoning, and a Land Use Plan amendment from Medium Density
Residential to Commercial/Tourist Facilities; the City Commission has
noti fied the County that this is one of the areas 1n the County that the
commerc ia 1 designatLon should be cl iminated on the Plan; there is a mobile
home pa rk. to the north j there is concern that there are no scheduled road
improvements in the future for the area; and intensifying uses without road
improvements could lead to a difficult situation. Ns. Harvey advised staff
recommended denial of the request for CG (General Commercial) zoning and a
Land Us e Plan ame ndmel1t from Med i um Dens i ty Res ident ia 1 to Cornrnerc ia 1 /Tou r is t
Facilities and recommended OL zoning with the annexation and a Land Use Plan
classification of Residential/Office..
In support of the above request, the following person appeared to give his
comments:
Mr- Juan Castaneda, 2695 Main Street, felt the area was mixed commercial and
professional uses and stated he would like to see the area grow. He felt it
would be beneficial for the City to zone the property commercial.
\......,
In rebuttal, Ms. Muscarella stated the contract purchasers do not intend to
develop the property as part of their dealership operations. She added that
new County traffic impacts have been based on the property being designated as
commercial property.
P & Z MINUTES
27
07/26/88
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Ms. Nixon felt
and commerc ial
.
zonlng.
the City has generally provided buffer between
uses and she fe lt Limi ted Of E ice was the mos t
residential
appropriate
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Motion was made by Mr. Green, seconded by Mr. Ferrell to recommend approval
of the request for annexation, CG (General Commercial) zoning, and a Land Use
Plan amendment from Medium Density Residential to Commercial/Tourist
Facilities. After roll call, the motion carried (3 to 2) with Nessrs. Green,
Hamilton, and Ferrell voting "aye" and Ms. Nixon and Mr. Schwab voting "nay."
D. Land Development Code Text Amendment and
Local Planning Agency Review~
1. Chapter 135, Sections 135.098,
135.105 & 136.025(c)(28)
(PROPOSED ORDINANCE 4605-88)
To allow veterinary offices as conditional
uses within the (CN) Neighborhood Commercial
District and the (CB) Beach Commercial District
and relating to conditional use standards for
veterinary offices.
(
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Ms. Harvey ad vis ed the subj ect amendmen t to the Land Deve lopmen t Code is
intended to allow veterinary offices as conditional uses within the
Neighborhood Commercial and Beach Commercial zoning districts. She advised the
proposed changed was prompted by an individual interested in open1ng a
veterinary office on Clearwater Beach. Hs. Harvey advised staff recommended
approval of the proposed amendment to Sections 135.098, 135.105 and
136.025(c)(28) of the Land Development Code allowing veterinary offices as
conditional uses within the CN (Neighborhood Commercial) and CB (Beach
Commercial) zoning districts.
Ms. Beverly Mohr appeared in support of the proposed amendment.
Mo t ion was mad e by Mr. Rami lton, seconded by Ms _ Nixon, to recommend approva 1
of the proposed amendment to Sections 135.098, 135.105 and 136.025(c)(28) of
the Land Development Code allo\4ing veterinary offices as conditional uses
within the eN (Neighborhood Commercial) and CB (Beach Commercial) zoning
districts. Motion carried unanimously (5 to 0).
Meeting adjourned at 5:05 PM.
Paula Harvey
Planning Director
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P & Z MINUTES
28
07/26/88
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1'. III c:I II II I Mutuill
Ufu III sur ilIU:U COIllIJiII1Y
~.
July 14, 1988
Hr. Don Ostergard
Loehmann's Plaza
Management/Leasing Office
1730 U.S. Highway 19 No.
Clearwater, FL 33575
i
Dear Don
Pursuant to your memorandum dated July 6, 1911tl rf\~ntll tng /1-(:0[' LIquor
Appli.cationjCoyotes, I am not in favor of appl:'()VIIlH fltld fJ\lppnl:'tlng the
application.
I believe that allowing Coyote's to obtain a II - (It) l' IJ.tlClIS n would Q.dd to
our current problems of trash, vandalism, incl:ooROd 11auU It:y to the
property, complaints by other tenants, etc.
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Sincerely
JfuJ11l1~~
Ellie H. Stuart
Commercial Real Estate Representative
Phone: (515) 246-7187
ES/ab
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711 High Street, Dos Moines, Iowa 50309 (515) 247-5111 I FAX Wltil 2f/li!l:JIl
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July 22, 19:]J
C i.~L1( of Courts
City of Clearwater
'The ST. CROIX RETIREMENT HOME has not produced any negative envirOIlIHej)!.al
or sociological effect on the surrounding nejghborhood.
Signed:
Address:
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Name:
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Address: 30! l
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C i r ,\ r W(i. Jr r I r (
Name:
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3C,l! c~~ S~i C \rOI \,:
(, 0 (l(U))1tJI. { -([
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Address:
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1~'~. I. ~:.~...I...I..J · " rl~ ~ t.~ II '~':I' I'~I ",'
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ExfKUllve Commlne-e
I'c:x~ J. Sto.'ford
Pre-sJdc.nl
I\obert w. ~d
PrcsJdeor.F.1ect
Ktor. Hcomltror.
VIet' I'I~'
Dvale T. Hourz
Vlee I'I~,
I\.obt'ft F. fNx1<.at
VIe~ Pr~Oenr
.lon'>e-s E. Phillips
VIe~ k~deor
I\onokl G 5m1rfl
VlcI! Prt"Jdenr
00<-. L Seo!on
lnunt"dIO/t!' Pmr Preikleor
DavId P.~one
Tr~ef
JulI~1I J. bd-ol,t
l~ COUl'd
~IefWoodhom
becvrf'..1.o V1c~ PrPSldenl
RESOLUTIOH
Doard cf Gov~rnors
~.E'IQeI'>('~
. L. D. NmlIlOl19 1Ii
. . ~ I: Nr..-~-:.)I.
C.,.. ~~~Wl '
5<.:00 '" OrO\)('( .
f\(.~ A. 0uWE'1I ~l' I
n~ w. Cordy
nl()(TlQ\ J. Cr\.1$eo
WlIllom E. Crc7Nn. hi ~ I
WI'( M Currvn
~ w. fields I I
tlolQr\ l. GoIdvn"" I
NoIIon J. Gooclmon I
(;eQrg'! L Hoch
ructlQrd O. bOOo
~IJ::tlOlos G. KorC7f
I\v.sell A Kimball
H. 00vI0 Ko' C)('ooh
~ H M:IIE1
Kotel". H. M:lo.xll\
~E.~II.Jr. ; I
Tolmodge 1\uIIt!'dge . I
'( erry ^ Xhintctr I
A A. X>11"OW j I
Colee l'll'Vl 5mlrh .' I!
James W. ~,twaT
DovId A nfTVT\Cl(\S
J\. Corlron Word
CynrhIo N. WellE1
DcMd K. Zobel
\^/HEREAS, fhe CElntraJ Area Gouncil of the [lrnulnr OIClarwnler Ch8.rnb8r or
Commerce has reviewed and evaluated a noW plIJpCHlOd IncntlDIl for Isaiah's Inn, unci
WHEREAS, the proposed location offers convonli.JIIllulnspollnllon und accossibiJily
to community services, and
WHEREAS, the proposed use may even lJp~.lradu 1.11 (Jaont condlllons of tlte properly
and the neighborhood, SO THEREFORE' .'
BE IT RESOLVED, that the Board of Governors of lhu C3malor Cloarvvalor Chamber
of Commerce endorses and supports all effOllS 11:1 IlJcnlo 180101119 Inn on privflle
i property on Myrtle Ave., noar Bolleai r Road, II sUlllI1 Clearwntllr.
.,,, ..
DATJ=D this d~. d.ay o~ May, 1988 .
, ,.
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GREJ\ TER L~~Ar WAl ER CHAM8ER OF COMrv1EF1CE
{(/rJ~
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. n,>b IllltWlJ I, Ohnll'll'1l\l)
~. J~JI)~lItl ^,ll.I.'\/~'8-\!!WII-
.J ( \ \. ..2) '''1 JI.' -) If
By: . Vr!"(.~":..,._, .1/.'- _(__:. .
r'flilmr 81~/lord.~(Jnlclont
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~~~.:ri'~4!"."':"!"'1"T':"''' 'r
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Executive Comrnlnee
Pcxtwr J. 5roffold
Prl'Skleol
F\obe!T W. ~d
Presldent.FJecr
Ker. Hc.rnllror,
V\c(' Iltl'SldP.nl
Ducne T. Hout.t
V\ce p,~
POOe1t F. /WxY.aot
VIce p,~
~ E. Phillips
VIce ~cIenr
I\onold G. Smllh
Vke Prl"'Jdc!onl
Dor. L 5eoton
In\lllt"dlore Post p,~
DavId P. ~ooe
Tr~ef
JullUl 1. bc:hoI..
l.J!'9OI COlX'IC"
J't>tefWoodhom
[~Vlce Prl!'Sldenl
Doord ef Govf'rnofS
~.E,Qt'f'\('~
(. ..: ...l.. D. ),zmY!0I'9 iii
t \('e r. Jvr.:~~..]f.
,;,;,. . ~ G. [X.U
,\Jon C. Oornsrein .
5l:0Il ... \lrclu('r
l\obeft A. Duweoll
lI..om:..s W. Cordy
lIlOfl'101 J. Cn.rJen
Wllllom E. en:,.....,. III
lorty M Cumm
INd1oe4 W. FIelds
~lolOt'll GoIc1Ynirh
Mat10n J. Goodmon
Geort;r- L Hoch
PJchcJd O. Jordon
~II::ho1::n G. Koroy
l\lMeIl A I'Jmboll
H. Dc1-A<.1 Korone-.
JoI'r. H. MllIe.
Ko<ei'. H. fJo.Nlr;
..IocX L 1\i.Me1l. Jr.
Tolrnoclge ~ .
'(erry" XhmIdT I
A A.. Se,n1ow \ I
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Coree lyrv'\ 5mlrh '!
.Iorne$ w. ~~
00vId A TInvoons .
It Cor!ron WOld
CynrhIo H. Weller
DcMd K. Zobel
AtIIloorC!
I'lnfoI\a. s..ncoo.t
C>~cI~
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RESOLUTION
\^/HEREAS, ~he Central Area Council of the Oronlnr Olnarwn.lol Ch8lnb8r or
Commerce has reviewed and evaluated a nHW ptl'lpCluod IDcatlun for Isainh's Inn, nllcl
WHEREAS, the proposed location offers cOllvollltllllllnl1spoltnllon and accossibility
to community services, and
WHEREAS, the proposed use may even upurudl.l pIO~(mt condlllons of the proporty
and the neighborhood, SO THEREFORE . .'
BE IT RESOLVED, that the Board of Govonll:H'8 (Ir lho Broalor Gloarwalor CllOmbor
. of Commerce endorses and support~ all errCI\lfJ Itl,.IIII:qlll Inn all'n Inn on privn(o
1 property on Myrtle Ave., near Belle81r Road, II SflIIUI UIHQlwnlflr.
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DATED this ;)&,. day o~.May, 1988 .
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GREATERyl.. t:~!jl JW/'"I j:R CHAMBER OF COI'~1Tv1ERCE
/'/..../'
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B~ . 0~jc."t~.~:~(_._._.. ._.____._..___..
. ()\]/) rhnwf.1llr G!1tllrtlum
/ybll~lItl A11:U.YJlllWIl..
By: ~~t"':lj~/f~(,~;lf~L
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