10/04/1988 (2)
P&Z
PLANNING &. ZONING BOARD
DATE
IdlC/jFY
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ITEM
ACTION
AGE~DA
PLANNLNG & ZONING BOARD MEETiNG
TUESDAY, OCTOB~R 4, 1988 - 1:30 PM
(""
, PLEDGE OF ALLEGIANCE
INVOCATION
A. Approval of minutes of August 30~ 1988
Approval of minutes of September 13, 1988
CONDIrIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined
below:
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1. The Chairman reads from the Public Hearing Notice each item as it
is presented.
2. The Planning Director advises the Board of any pertinent background
in.formation.
3. The applicant or his representative presents his case.
4. Persons who support the application speak.
S. 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. rebut tal.
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 llliCORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditional Uses:
1. M&B 22.01, Sec. 17-29S-15E &
Lots 1 to 5, Blk. C,
Bayside Sub. 115
(601-619 South Gulfview Boulevard)
William Shephardt Trustee Shephard
Family Trust (Lagoon Resort Motel/
Shephard's Restaurant)
CU 88-80
Request - 4-COP-S (On Premise Consumption
& Package Sales of
of Alcoholic Beverages
Zoned - CR-28 (Resort Commercial "Twenty-Eight")
"H
P & Z Agenda
1
10/04/88
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2.
Lots 6, 9, 10, and 13,
Blk. 6, R.J. Booth Sub.
(900 Grove Street)
Richard Whissel, Jr./
Carl Cappolla
CU 88-81
Request - Business Service
(Plumbing Contractor)
Zoned - CN (Neighborhood Commercial
3. Lot 5, Part Lot 6,
Columbia Sub. 3
(332 Harnden Drive)
Raymond & Neva BiaLowas
CU 88-82
Request - Business Professional Office
(Real Estate Office)
Zoned - CR-28 (Resort Commerci.al "Twenty-Eight")
Lots 23 to 25 & 32 to 34,
R.H. Padgett's Est Sub. &
Lots 1 to 13, Blk. E,
Hibiscus Gardens
(1219 Cleveland Street)
Irving Diamond, Trustee, Oranco
Mgmt. Consultants, Ltd. (Hunter's
Lounge)/State Liquors of Clwtr./
Daniel Orsello
CU 88-83
Request - 4-COP
(On Premise Consumption &
Package Sales of
Alcoholic Beverages)
(Urban Center [Eastern Corridor])
Zoned
- UC[E]
5.
Lot 4, Part Lot 9,
Miller's Rep.
(19-19A Rockaway Street)
Joan P. Boni/Lawrence Boni
(Lorenzo's)
CU 88-84
Request - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned CR-2B (Resort Commercial "Twenty-Eight")
6.
Part Lot 21, Blk. A,
Barbour Morrow Sub.
(397 Mandalay Avenue)
William Mahoney (Sandwich
Shanty)/John Mahoney
CU 88-85
Request - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CB (Beach Commercial)
P & Z Agenda
2
10/04/B8
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AlffiEXATION, ZONING, LAND USE PLAN AMENDMENTS, AND LOCAL PLANNING AGENCY
REVIEW :
(1) Statement of case by applicant - 5 udnutes
(2) Presentation by staff - 5 minutes
(3) Comments from public in support/oppositIon:
individual - 3 mdnutes
spokesperson for group - 10 mdnutes
(4) Public Hearings are closed
(5) Discussion/Action by Board
C. Annexation and Zoning:
1. Lot 32, South Haven Sub.
(Located on the east side of
South Haven Drive~ south of
Nursery Road)
(Cribb)
A 88-28
Request - Annexation and Zoning, RS-6
(Single Family Residential "Si.x")
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2.
Part M&B 14.13, Sec. 05-29S-16E
(Located on the north side of
Main Street, east of Abbey take Road)
(Naedel)
A 88-29
Request - Annexation and Zoning, RS-2
(Single Family Residential "Two")
3. Part Lot 10~ Pinellas Groves Subo) 5E.-V..,~. (1}-;J.15-"6.
(Located on the north side of Nursery
Road, east of Rosetree Court)
(Seacorp Development Group, Inc.)
A 88-30
Request - Annexation and Zoning, RM-8
(Multiple Family Residential "Eight")
4.
M&B 22.03, Sec. 21-28S-16
(Located on the east side of
Landmark Drive, north of
Geiger Court)
(Geiger)
A 88-27
".
Request - Annexation and Zoning, RS-4
(Single Family Residential "Four")
P & Z Agenda
3
10/04/88
RS-2
TO: RS-4
(Residential Planned
Development "Four") &
(S ingle Fa.roi ly Res ident ial "Two")
(Single Family Residential "Four")
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D. Zoning Atlas ADendment an.d
Amendment to Kaster Site P1an
known as "GEIGER [PARCELS] TRACTM (Parcel #1 only)
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M&B 22.02, Sec. 21-28S-l6E
(Located between McMullen-~ooth Road
and Landmark Drive, north of Geiger
Court off Landmark Drive)
(Geiger)
Z 88-19 PSP 83-29
PARCEL 11:
FROM: RPD-4
RS-2
TO: RPD-3.7
(Residential Planned
Development '"Four") &
(Single Family Residential "Two")
(Residential Planned
Deve lopmen t '"Three. Seven"
PARCEL 12:
FROM: RPD-4
(Residential Planned
Uevelopment '"Four")
(Single Family Residential "Two")
TO: RS-2
PARCEL 13:
FROM: RPD-4
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E.
Annexation:. Zoning, Land Use Plan Amendment AND
Local Planning Agency Review:
1. (CONTINUED FROM 08/30/88)
PARCEL #1 and PARCEL ff2
(Located at the southeast corner of
C.R. 31 and Bayvie~ Avenue, south
of Gulf-to-Bay)
(House of Prayer, lnc./Cummings)
A 88-22 LUP 88-18
PARCEL 11:
Lot 3, Blk. 7, Town of Bayview &
Part Tracts B & C, M.A. Smith's
Bayvie\lT Sub.
Request - Annexation and Zoning, P/SP
(Public/Semi-Public)
Land Use Plan:
FROM: Low Density Residential
TO: Public/Semi--Pllblic
PARCEL 12:
Lot 2, Blk. 7, Town of Bayview
c..
Request - Annexation and Zoning, RS-6
(Single-Falllily Res i.dent ial "Six")
P & Z Agenda
4
10{04/88
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F. Chairman's Items
G. Director's Items
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H.
Board and Staff Comments
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P & Z Agenda
5
10/04/88
KlNUTES
PLANNING & ZONING BOARD
TUESDAY, October 4, 1988 - 1:30 PM
('..'
Members Present:
Vice Chairman Hogan, Ms. Nixon, Messrs. Ferrell, Green,
Hamilton, and Schwob
Members Absent:
Chairman Johnson
A. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the
minutes of the August 30, 1988 meeting as written. Motion carried
unanimously (6 to 0).
A. Motion was made by Mr. Hamilton, seconded by Hr. Schwob, to approve the
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minutes' of the September 13, 1988 meeting as written. Motion carried
unanimously (6 to 0).
Vice Chairman Hogan outlined the procedures for conditional uses and advised
that anyone adversely affected by a decision of the Planning and Zoning Board,
with regard to conditional uses, has two weeks from this date in which to file
an appeal through the Ci.ty Clerk's Office. Florida Law requires any party
appealing a decision of this Board to have a record of the proceedings to
support the appeal.
B. Conditional Uses:
1.
M&B 22.01, Sec. 17-29S-1sE &
Lots 1 to 5, Blk. C,
Bayside Sub. 115
(601-619 South Gulfview Boulevard)
William Shephard, Trustee Shephard
Family Trust (Lagoon Resort Motel/
Shephard's Restaurant)
CU 88-80
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Request - 4-COP-S (On Premise Consumption
& Package Sales of
of Alcoholic Beverages
Zoned - CR-28 (Resort Commercial "Twenty-Eight")
c..
Ms. Harvey advised as follows: This is a request for on premise consumption
and package sales of alcoholic beverages in the Resort Commerc ial zoning
district; the specific state license being applied for is a new 4-COp-S
license; the governing sections of the Land Development Code are Sections
136.024 and l36.025(b); this is the site of an existing restaurant and lounge
and there is a proposed addition to the restaurant and the addition of a pool
bar; the Traffic Engineer had no comments, stating the use replaces what was
already there, and though not exactly correct, applicant is providing
sufficient additional parking to accommodate addition to premises; and the
Police Department saw no reason to deny license to applicant. Ms. Harvey
stated a va r lance to the separation dis tance will be required since the
subject property is located in the CR-28 zoning district which is defined in
the Code as residential. Ms. Harvey advised staff recommended approval of the
above request subject to the following: 1) That a variance to the separation
distance be approved by the City Commission; and, 2) That the Building permit
be procured within six months.
P & Z MINUTES
1
10/04/88
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Request - Business Service
(Plumbing Contractor)
Zoned - eN (Neighborhood Commercial
(-.
Mr. Raymond Parr!, representative of applicant, stated applicant has been the
owner of the property for over ele\Ten years, the subject restaurant was
operated with an alcoholic beverages license for fifteen years by another
person, and the proposed addition will be oriented toward the Gulf of Mexico.
Mr. Parri presented photographs showing the surrounding uses (located in the
City Clerk's Office).
After questioning by Board Members, Mr. William. M. Shephard, applicant,
advised as follows: There may be a one or two piece band to play background
mus ic j a middle-age clientele is bas lcally expected; the operation will be
similar to the operation of the previous restaurant; applicant will be in the
adjoining hotel and will be aware of what is going on in restaurant; and,
there will be some outdoor dining.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above
request subject to the following: 1) That a variance to the separation
distance be approved by the City Commission; and, 2) That the Building permit
be procured within six months. Motion carried unanimously (6 to 0).
2.
Lots 6, 9, 10, and 13,
Blk. 6, R.J. Booth Sub.
(900 Grove Street)
Richard Whissel, Jr./
Carl Cappolla
CU 88-81
Ms. Harvey advised as follows: This is a request for business service in the
Neighborhood Commercial zoning district; applicant proposes to utilize a
portion of an existing building for use by a plumbing contractor; tbe
governing sections of the Land Development Code are Sections l36.025(b) and
(c) (6); and the Traffic Engineer had no comment. "Before making a
recommendation, Ms. Harvey requested the applicant explain what service will
be available on site.
Mr. Carl Cappolla, applicant, stated the office will be used for dispatching
work. After questioning by Board Members, Mr. Cappolla stated the remainder of
the space will be used for warehousing and there will be nothing stored
outside.
Ms. Harvey advised that
subject to the following:
within six months.
staff recommended approval of the above request
1) That the Ce rt ificate of Occupancy be procured
No persons appeared in support of or in opposition to the above request.
c,
Motion was made by Mr. Schwob, seconded by Mr. Fert'ell, to approve the above
request subject to the following: 1) That tbe Certificate of Occu pancy be
procured within six months. Motion carried unanimously (6 to 0).
P & Z MINUTES
2
10/04/88
Zoned
- UC[E]
(On Premise Consumption &
Package Sales of
Alcoholic Beverages)
(Urban Center [Eastern Corridor])
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3.
Lot 5~ Part Lot 6,
Columbi.a Sub. 3
(332 Harnden Drive)
Raymond & Neva BiaLowas
CU 88-82
(""
Request - Business Professional Office
(Real Estate Office)
Zoned - CR-28 (Resort Commercial "Twenty-Eight")
Ms. Harvey advised as follows: This is a request for a business professional
office which serves the tourist in the Resort Commercial zoning district; the
Traffic Engineer commented that no additional parking will be required; and
the actual request is to convert a motel unit into a real estate office. Ms.
Harvey advised staff recommended approval of the above request subject to the
following: 1) That the Occupational License be procured within six months.
Mr. Raymond BiaLowas, applicant, stated he is a realtor and would like to
operate a real estate office from his motel.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Ferrell, seconded by Mr. Schwob, to approve the above
request subject to the following: 1) That the Occupational License be procured
within six months. Motion carried unanimously (6 to 0).
4.
Lots 23 to 25 & 32 to 34,
R.H. Padgett's Est Sub. &
Lots 1 to 13, Blk. E,
Hibiscus Gardens
(1219 Cleveland Street)
Irving Diamond, Trustee, Oranco
Mgmt. Consultants, Ltd. (Hunter's
Lounge)/State Liquors of Clwtr./
Daniel Orsel10
CU 88-83
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Request - 4-COP
Ms. Harvey advised as follows: This is a request for on premise consumption
and package sales of alcoholic beverages in the Urban Center [Eastern
Corridor] zoning district; the specific State license being applied for is a
4-COP license; the governing sections of the Land Development Code are
Sections 136.024 and l36.025(b); the applicant is proposing a lounge and
liquor store in the Cleveland Plaza; the Traffic Engineer commented there was
sufficient parking in the parking lot; and the Police Department saw no
reas on to deny licens e to applican t. Ms. Harvey stated there would be no
variance to the separation distance required. Ms. Harvey advised staff
recommended approval of the above request subject to the following: 1) That
the Building permit be procured within six months.
Mr. Danie1 Or8e11o~ applicant, advised as follows: He wants to operate a
lounge that serves good food; he anticipates a clientele averaging about forty
P & Z MINUTES
3
10/04/88
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Request 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CR-28 (Resort Commercial "Twenty-Eight 0')
years of age; and, he previously owned a lounge on Highland Avenue known as
the Horseshoe Lounge.
(*" In support of the above request, the following person appeared to gtv-e his
\ comments.
Mr. Ron Koldenbauer, representative of property owner/landlord, st<lted the
landlord has looked at the proposed operation very carefully and felt
confident the operation will not detract from the shopping center. He also
stated the landlord felt the operation will be a fine addition to the shopping
center and will attract a luncheon crowd. After questioning by Mr. Schwob, Mr.
Moldenhauer stated the space in the shopping center was previously occupied by
HRS as a food stamp office.
Ms. Harvey advised one letter of opposition was received from Dr. Adams who
seems to be confused that this applicat:ion is for anothe r I oca tion. Mr.
Hamilton suggested a letter be sent to Dr. Adams clarifying for which address
the application is intended.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to appr.ove the above
request subject to the following: 1) That the Building permit be procured
within six months. Motion carried unanimously (6 to 0).
5.
Lot 4, Part Lot 9,
Miller's Rep.
(l9-19A Rockaway Street)
Joan P. Boni/Lawrence Boni
(Lorenzo's)
CU 88-84
Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the Resort Commercial zoning dis trict j the specific
State license being applied for is a new 2-COP license; the governing sections
of the Land Development Code are Sections 136.024 and 136.025(b) of the Land
Development Code; this site is an existing restaurant and motel and applicant
is proposing the sale of beer and wine in the restaurant ~hich is to be
eKpanded; a parking variance was approved by the Development Code Adjustment
Board on September 22, 1988; the Traffic Engineer had no objection; and, the
Police Department saw no reason to deny license to applicant. Ms. Harvey
stated a variance to the separation distance will be required since the
subject property is located in the CR-28 zoning district which is defined in
the Code as residential. Ms. Harvey advised staff recommended approval of the
above request subject to the following: 1) That a variance to the separation
distance be approved by the City Commission; and, 2) That the Certificate of
Occupancy oe procured within six months.
Mr. Lawrence Boni, applicant, advised as follows: He wants the option of
having beverages available for his clientele; he will have indoor and outdoor
seating and is currently operating as a take out and delivery operation; and
he would like to make better use of the beach traffic. After questioning by
Board Members, Mr. Bani advised as follo"Ws: There will be nQ live
entertai.nment; the 1.1 :00 PM closing is mainly because of the delivery service
P & Z MINUTES
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10(04/88
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and though the seating will be available until closing, not too many custom€LS
are expected; the operation is family oriented and the applicant will be on
premises to supervise; and, applicant will. be reducing the number of motel
r-" units to accommodate additional seating and restrooms.
"
No persons appeared in support of or in opposition to the above request.
Motion -was made by Nr. Sc.hwob, seconded by Ns. Nixon, to appLove the above
request subjec.t to the following: 1) that a variance to t.he separation
distance be approved by the City Commission; and, 2) That the Certificate of
Occupancy be procured within six months. Motion carried unanimously (6 to 0).
6. Part. Lot 2 1, Blk. A,
Barbour Morrow Sub.
(397 Mandalay Avenue)
William Maboney (Sandwich
Shanty){John Mahoney
Cll 88-85
Request 2-COP (On Premise Consumption
of Alc.oholic Beverages)
Zoned - CB (Beach Commercial)
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Ms. Harvey advised as follows: This is a request for on prelnise consumption of
alcoholic beverages in the Beach Commercial zoning dis trict j the specific
State license being applied for is a 2-COP license; the governing sections of
the Land Development. Code are Sections 136.024 and l36.025(b); the site is an
existing restaurant and t.he applicants are requesting continuation of the
allowability of 2-COP service; the Traffic Engineer commented there is no
parking on the property; and, the Police Department saw no reason to deny
license to applicant:. Ms. Harvey advised that staff recommended approval of
the above request subject. to the following: 1) That the ne"W alcoholic beverage
license be procured ~ithin six months.
Mr. John. Mah.ony, represent.ative of applicant, stated his father has been
opera ting res taurants in Clearwate r since 1958 and has operated the curren t
restaurant since Ma~l 198B. He advised his father gets many requests from his
customers for alcoholic beverages. After questioning by Mr. Schwob. Mr.
Mahony stated there ~ill be no live entertainment.
No persons appeared in support of or in opposition to the above request.
Motion "Was made by Mr. Sch."Wob, seconded by Mr. Hamilton, to approve the above
request subject to the following: 1) That th.e ne"W alcoholic beverage license
be procured within six months. Motion carried unanimously (6 to 0).
P & Z MINUTES
5
10/04/88
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C. Annexation and Zoning:
1.
Lot 32, South Haven Sub.
(Located on the east side of
South Haven Drive, south of
Nursery Road)
(Cribb)
A 88-28
co.
Request - Annexation and Zoning, RS-6
(Single Family Residential "Six")
The above property is located on the east side of South Haven Drive, south of
Nursery Road.
The applicant was not present.
Mr. Pruitt advised as follows: This is a request for annexation and RS-6
(Single Family Residential "Six") zoning; City sewer and natural gas are
available; there is an existing single family residence on the property; and,
the annexation request is made to obtain City sewer service. Mr. Pruitt
advised staff recommended approval of the reques t for annexation and RS-6
(Single Family Residential "Six") zoning.
Motion was made by Mr. Ferrell, seconded by Mr. Green, to recommend approval
of the request for annexation and RS-6 (Single Family Residential "Six")
zoning. Motion carried unanimously (6 to 0).
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2.
Part M&B 14.13, Sec. OS-29S-16E
(Located on the north side of
Main Street, west of Abbey Lake Road)
(Naedel)
A 88-29
Request - Annexation and Zoning, RS-2
(Single Family Residential "Two")
The above property is located on the north side of Main Street, west of Abbey
Lake Road.
Mr. Hark Naedel, property owner, stated he is requesting annexation of a
portion of his property- He advised he is also requesting the lowest zoning
allowable in Clearwater.
Mr. Pruitt advised as follows: This is a request for annexation and RS-2
(Single Family Res idential "Two") zoning; Ci ty water is available; a single
family residence is proposed for the property; and, the request is in
conformance with the Low Density Residential Land Use Plan classification- Mr.
Pruit t advised staff recommended approval of the request for annexation and
RS-2 (Single Family Residential "Two") zoning.
Mr. Pruitt advised that seven letters of opposition were received from area
neighbors whose main objection was that the property would be used as a group
home.
P & Z MINUTES
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10/04/88
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In opposition to the above request, the following person appeared to give his
comments:
(~.".. Mr. James Boyette, 2946 S.R. 588, stated he has no objection to the annexation
, of all of the property bu t he does object to annexing just a part of the
property. He felt that all of the property should be annexed. After
questioning by Ms. Harvey, Mr. Boyet te stated his property is ilnmediately east
of the subject property, his property is not in the City, and his property is
zoned agricultural.
In rebuttal, Mr. Naedel stated that about one year ago he went before the
County to reques t zoning for an ACLF but he wi thd rew the application when
there was so much opposition. He stated he wanted the back portion to remain
in the County as agricultural as there is no zoning category in the City for
maintaining farm animals. He stated his farm animals consist of a pony,
chickens, and a turkey and, after they are gone, the animals will probably be
phased out. He added that the front portion of the property will be for one
single family home.
After ques tioning by Mr. Green, Ms. Ha rvey advised that it is a standing
policy with the City that all contiguous property under the same ownersbip be
annexed at the same time but it is not a requirement of the Code. She added
that at the time of development of the property the C.ity would require the
property to be plat ted. Mr. Hamilt on expressed concern that the entire
property was not being annexed. He also expressed concern about the
configuration of the unannexed property. Ms. Harvey advised that if the entire
property were annexed and subdivided thG same configuration may still exist.
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Motion was made by Mr. Schwob, seconded by Mr. Green, to recommend approval of
the request for annexation and RS-2 (Single Family Residential .'Two") zoning.
Motion carried unanimously (6 to 0).
3. Part Lot 10, Pinellas Groves Sub.
(Located on the north side of Nursery
Road, east of Rosetree Court)
(Seacorp Development Group, Inc.)
A 88-30
Request - Annexation and Zoning, [M-8
(Multiple Family Residential "Eight")
The above property is located on the north side of Nursery Road, east of
Rosetree Court.
Hr. Mark Naedel, property owner, stated the property is currently a licensed
ACLF for 13 beds. He stated he is requesting annexation to obtain sewer
service. He also stated he is planning room additions and h~s property will
not meet County requirements. He fu rther stated he will be adding sq ua re
footage to the building but not adding people.
Mr. Jeff Pruitt stated as follows: This is a request for annexation and [M-8
(Multiple Family Residential "Eight") zoning; City water and sewer and natural
gas are available; the request is in conformance with the Low Density
Residential Land Use Plan designation; and the property is currently developed
with a Level II Group Care facility. Nr. Pruitt advised that staff
recommended approval of the request for annexation and RM-8 (Multiple Family
P & Z MINUTES
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10/04/88
Request - Annexation and Zoning, RS-4
(Single Family Residential "Four")
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Residential "Eight") zoning. After questioning by Mr. Green, Mr. Pruitt stated
if the property is annexed the use will be grandfathered.
(--' No persons appeared in support of or in oppos ition to tl1e above request.
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Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval
of the request for annexation and m-8 (Multiple Family Residential "Eight")
zoning. Motion carried unanimously (6 to 0).
4. M&B 22.03, Sec. 21-28S-l6
(Located on the east side of
Landmark Drive, north of
Geiger Court)
(Geiger)
A. 88-27
The above property is located on the east side of Landmark Drive, north of
Geiger Court.
Hr. Robert Baur, representative of applicant, stated applicant is requesting
ann€x:ation and zoning of property consisting of 1.14. acres. He stated the
requested zoning is RS-4 (Single Family Residential "Four"). After questioning
by Ms, Nixon, Mr. Baur stated one house is proposed for Lot 3 and one house is
proposed for Lot 4.
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Ms. Harvey advised as follows: This is a request for annexation and RS-4
(Single Family Residential "Four") zoning; tl1e Board zeceived a copy of the
plan called the "Geiger Tract" and one piece of the property is to be annexed
and zoned RS-4; the request is for the purpose of accommodating a house of
comparable size; and City sewer is a~ailable, Ms. Harvey advised that staff
recotnmended approval of the reques t for annexation and RS-4 (Single Family
Res idential "Four") zoni.ng.
No persons appeared in support of or in opposition to the above request.
Mot ion was made by Mr. 5 chwob, secondEd by Mr. Hamilton, to recommend approval
of the request for annexation and "RS-4 (Single Family Residential "Four")
zoning. Motion carried unanimously (6 to 0).
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P & Z MINUTES
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10/04/88
RS-Z
TO: RS-4
(Residential Planned
Development "Four") &
(Single Family ResidentIal "Two")
(Single Family Residential "Four")
D. Zoning Atlas Amendment and
Amendment to Master Site Plan
known as "GEIGER (PARCELS] TRACT" (Parcel HI only)
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1.
M&B 22.02) Sec. 21-28S-l6E
(Located between McMullen-Booth Road
and Landmark Drive) north of Geiger
Court off Landmark Drive)
(Geiger)
Z 88-19 PSP 83-29
PARCEL #1:
FROM: RPD-4
RS-2
TO: RPD-3.7
(Residential Planned
Development "Four") &
(Single Family Residential "Two")
(Residential Planned
Development "Three.Seven")
PARCEL 12:
FROM: RPD-4
TO: RS-2
(Residential Planned
Development "Four")
(Single Family Resi.dential "Two")
PARCEL #3:
FROM: RPD-4
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The above property is located between McMullen-Booth Road and Landmark Drive)
north of Geiger Court of Landmark Drive.
Mr. Roger Baur, representative of applicant) stated the above request is to
realign the existing land uses with the existing zoning. He added there will
be no additional units constructed on Parcels #1 and #2 and Parcel 13 will be
developed with two single family homes.
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Ms. Harvey advised as follows: This is a request for an amendment to the
Mas ter Si te Plan known as "Geiger Trac t" and a zoning a tlas amendment from
RPD-4 (Residential Planned Development "Four") and RS-2 (Single Family
Residential "Two") to RPD-3.7 (Res idential Planned Development "Three. Seven")
for Parcel #1, a zoning atlas amendment from RPD-4 (Residential Planned
Development "Four") to RS- 2 (Single Family Res .ident ia1 "Two") for Parcel #2,
and a zoning atlas amendment from RPD-4 (Residential Planned Development
"Four") and RS-2 (Single Family Resident ial "Two") to RS-4 (Single Family
Res ident ia1 "Four") for Parcel #3; in regard to Parcel #1, there will be no
changes in the existing development and the rezoning is being done to assure
that there will be no further development; and, in regard to Parcel #3, there
will be two new homes built on Lots 3 and 4. Ms. Harvey advised that staff
recommended approval of the request for an amendment to the Master Site Plan
known as "Geiger Tract" and a zoning atlas amendment from RPD-4 (Residential
Planned Development "Four") and RS-2 (Single Family Residential "Two") to RPD-
3.7 (Residential Planned Development "Three. Seven") for Parcel II) a zoning
atlas amendment from RPD-4 (Residential Planned Development "Four") to RS-2
(Single Family Residential "Two") for Parcel 12) and a zoning atlas amendment
P & Z MINUTES
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10/04/88
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No persons appeared in support of or in opposition to the above request.
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from RPD-4 (Residen tial Planned Developmen t "Four") and RS-2 (Single Family
Residential "Two") to RS-4 (Single Family Residential "Four") for Paree1 13.
Motion was made by Mr. Schwab, seconded by Mr. Green, to recommend approval of
tbe request for an amendment to the Master Site Plan known as "Geiger Tract"
and a zoning atlas amendment from RPD-4 (Residential Planned Deve~opment
"Four") and RS-2 (Single Family Resident ial "Two") to RPD-3. 7 (Res idential
Planned Development "Three. Seven" ) for Parcel '1, a zoning atlas amendment
from RPD-4 (Residential Planned Development "Four") to RS-2 (Single Family
Residential "Two") for Parcel #2, and a zoning atlas amendment from RPD-4
(Residential Planned Development "Four") and RS-2 (Single Family Residential
"Two") to RS-4 (Single Family Res.idential "Four") for Pareel 13. Motion
carried unanimously (6 to 0).
E. Annexatioa, Zoning, Land Use Plan Amendment AND
Local Plaaning Agency Review:
1.
(COtiTlNUED FROM 08/30/88)
PARCEL #1 and PARCEL #2
(Located at the southeast corner of
C.R. 31 and Bayview Avenue, south
of Gulf-to-Bay)
(House of Prayer, Inc./Cummings)
A 88-22 LUP 88-18
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PARCEL #1:
Lot 3, Elk. 7, Town of Bayview &
Part Tracts B & C, M.A. S~ith's
Bayvietol Sub.
Request - Annexation and Zoning, p/SP
(Public/Semi-Public)
Land Use Plan:
FROM: Low Density Residential
TO: Public/Semi-Public
PARCEL #2:
Lot 2, Blk. 7, Town of Eayview
Request - Annexation and Zoning, RS-6
(Single-Family Residential "Six")
The above property is located at the southeast corner of C.R. 31 and Bayview
Avenue, south of Gulf-to -Bay.
Mr. Emil Marquardt, representative of applicant, stated the request for Parcel
12 is annexation and RS-6 zoning and there will be no change in the current
residence. Mr. Marquardt stated the request for Parcel 111 is annexation and
p/SP zoning since the property is affiliated with the Church.
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Ms. Harvey advised as follows: This is a request for annexation and p/SP
(Public/Semi-Public) zoning and a Land Use Plan amendment from Low Density
Residential to Public/Semi-Public for Parcel #1 and annexation and RS-6
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10/04/88
In opposition to the above request, the following persons appeared to give
their comments:
ttif1.
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(Single Family Residential "Six") zoning for Parcel 112; and, City se,,,er and
water and natural gas are available. Ms. Harvey advised that staff recommended
approval of the requested annexation and p/Sp (Public/Semi-Public) zoning and
a Land Use Plan amendment from Low Density Residential to Public/Semi-Public
for Parcel #1 and anneKation and RS-6 (Single Family Residential .'Six") zoning
for Parcel #2. A.fter questioning by Mr. Schwab, Ms. Harvey advised that this
Board is required to hear all Land Use Plan amendments since it was designated
as the City's Local Planning Agency.
Mr. Jack. Alvord>> 606 ~ayview A.venue, stated the House of Prayer is a good
neighbor but be is concerned about the traffic. He stated he thought this
Board previousLy approved this place for about 40 cars but not for 100 cars.
He stated he does not object to the House of Prayer but felt sidewalks are
needed. After questioning by t1r. Schwob, Mr. Alvord stated the increased
traffic is everyday both during the day and evening.
Mr. Charles Martin, 607 Bayview Avenue, expressed concern that the roads are
too narrow and there is too much traffic.
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In rebuttal, Mr. Marquardt stated the House of Prayer would not be in favor of
widening the roads and it purchased Pen Mar Drive to not allow through access.
He added that the House of Prayer does not want to do anything that will cause
harm to the neighborhood. He stated the main idea of Parcel #2 being zoned RS-
6 is to use the home as a support group facility for the families of disabled
people. Mr. MaLquardt stated the late night traffic should not be people from
the House of Prayer. He also stated he will discuss the traffic problems with
the property owner to see that the impact is minimized. After questioning by
Mr. Scl1wob, Mr. Ma.rquardt stated the hours are basically from 10:00 Ai'1 to 2 :30
PM.
After questioning by t1r. Schwob, Ms. Harvey stated that, since there is no
mention of a traffic impact on the Local Planning Agency review sheet, it can
be assumed there will be no impact.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval
of requested annexation and p/SP (Public/Semi-Public) zoning and a Land Use
Plan amendment from Lo~ Density Residential to Public/Semi-Public for Parcel
#1 and annexation and RS-6 (Single Family Residential "Six") zoning for Parcel
#2. Motion carried unanimously (6 to 0).
G. Director's Items
In regard to the Sandpiper, Ms. Harvey advised the primary reason the Hearing
Officer overturned the Board condition of a midnight closing was that there
was no evidence to relate the noise to the night time. She added tl1at if the
Board received evidence that there is "late night" noise the Board should feel
comfor ta ble a bou t limit ing hours of opera tion. She also stated that Mr.
Galbraith confirmed tllat the Board could impose limitation when sufficient
evidence is heard to support such limitations.
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P & Z I1INUTES
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10/04/88
H. Board and Staff Comments
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After questioning by Mr. Ferrell, Ms. Harvey stated that there was no
condition of approval of the conditional use for Seville Oaks that limited
parking to only paved areas.
After further questioning by Mr. Ferrell, Ms. Harvey advised that Clearwater
has been controlling the placement of newspaper racks in rights-of-way by a
cooperative effort with the media. She advised the Public Works Department
corresponded with the various media with suggested placement of the newspaper
racks. Ms. Harvey stated very little that can be done as too strict
enforcement of newspaper ra~ks might be construed as a violation of First
Amendment Rights.
After questioning by Ms. Nixon, Ms. Harvey advised that if there is a possible
violation in the general area of Osceola and North Fort Harrison, Ms. Nixon
should contact the Code Administration Office.
Meeting adjourned at 3:32 PM.
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Paula Harvey
Planning Director
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10/04/88