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12/13/1988 (2) P&Z i , PLANNING & ZONING BOARD DATE /"-/,' II:~ , / J JLt11?U:.- / / t% .....-----....,....,. . r'. ,'. ~'J.., ;;:, "'" AGErIDA PLANNING & ZONING BOARD NEETING TUESDAY, December 13, 1988 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION ITEM ACTION A. Approval of minutes of November 15, 1988 Approval of minutes of November 29, 1988 COtiDITIONAL USES: ALL rESTIMONY IS GIVEN UNDER OATH. Tne Board follows the procedures outlined beloW' : 1- 2. 3. 4. 5. 6. 7. (~. 8. 9. 10. 11. The Chairman reads from the Public Hearing Notice each item as it is presented. The Planning Director advises the Board of any pertinent background information. The applicant or his representative presents his case. Persons who support the application speak. The Planning Director presents any supporting written documents. Persons who support the application speak. The Planning Director presents any opposing written documents. Persons supporting the application (other than applicant) may speak in rebuttal. Persons opposing may speak in rebuttal. Tne applicant has an opportunity for final rebuttal. The Board makes a decision. I I I I 'I FLO~IDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD M~Sr HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. Condit~onal Uses: 1. Lo t s 5) 7) ::','., 8, Countryside Village Square (2543 Countryside Boulevard) Countryside Village, Ltd. {Pelican Pete's Seafood House)/Haney M. Sweda ell 88-111 (~, Request - 4-COP-SRX (On Pr.emise Consumption of Alcoholic Beverages) Zoned - CC (CommercIal Center) P & Z Agenda 1 12/13/88 ,,-'. ..' '.' .'. .' .... ...... ': <.< -~."- "':"'::"-"'.. .' "....':'_. ~""''''.:-''''~~-~''., ..... ..' .' ...' . '. . " 4'" .. . ',~' . . . . . .... , ' . . .' , ..,' . .~"" Ii. . . - ", . . !- ' 2. Lots 4 through 10, Raplat of Elks. 80 and 81, Mandalay Unit Q5 Sub. (54 Bay Esplanade) Clearwater Beach Community Church/Herbert Freitag CU 88-112 (- Request -Child Day Care Center Zoned -p/SP (Public/Semi-Public) 3. Lots 5, 6, 15~ and 16, Blk. 3, Overbrook Sub. (1351 Cleveland Street) Donald Russell (Idle Spur Saloon)/Clark Hubbard CU 88-113 Request - 4-COP (On Premise Consumption AND Package Sales of Alcoholic Beverages) Zoned - CG (General Commercial) 4. M&Bs 41.01, 41.02, 41.03, 41.04, 42.01, and 42.04, Sec. 30-28S-16E (2601 u.s. Hwy. 19 ~., Suite 523, Countryside Mall) Bellwether Properties of FI,f (Italian Bistro Ristorante) Karie Longo, President/Samuel Marshall CU 88-114 ("',:,-","',,' .~ ~ ", ',,, "......: ~.... . Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CC (Commercial Center) 5. Lots 1 and 2, Haas Sub. AND Portion of Lot 3, Blackburn Sub. (1950 U.S. Hwy 19 N. ) Ridge Haven Associates, Ltd/Steven M. Seibert eu 88,-115 Request - 1. Vehicle Service AND 2. Outdoor retail sales, displays and/or storage Zoned - CH (Highway Commercial) Cr. P & Z Agenda 2 12/13/88 Request - 3-PS (Package Sales of Alcoholic Beverages) Zoned - CC (Commercial Center.) 6. Lot 2, Studebaker's (2516 Gulf-to-Bay Boulevard) Mickey Pattemore/Blackpool Palace, Ltd. (Pattemore's Night Club)/Robert E. Gregg crr 88-116 (, Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CG (General Commercial) 7. Lots 1, 2, 3, and 4, Sunset Square (1863 North Highland Avenue) Stuart S. Golding, Trustee/Peter Georgantas/Athena Liquor, Inc. (Highland Liquor Depot) crr 88-117 ANNEXATIOll, ZONING, LAND USE PLAN AMENDMENTS, AND LOCAL PLANNING AGENCY REVIEW : (""" "'.....:.~,' (1) Statement of case by applicant - 5 minutes (2) Presentation by staff - 5 minutes (3) Comments from public in support/opposition: individual - 3 minutes spokesperson for group - 10 minutes (4) Public Hearings are closed (5) Discussion/Action by Board c. Zoning Atlas Amendment: 1. Portion of M&B 22.02 Sec. 33-28S-16E (Located on the south side of Enterprise Road on the east side of proposed Landmark Drive Extension) (Vogel) Z 88-24 Zoning Atlas: FROM: OL (Limited 'Office) TO: ALII (Aquatic Lands/Interior) L" P & Z Agenda 3 12/13/88 Land Use FROM: Plan: Low Density Residentia~ Commercial/Tourist Facilities ~" D. Annexation., Zoning, Land Use Plan. ~ndment and Local Planning Agen.cy Revf.ew (- l 1. M&B 23.06, Sec. 04-29S-16E (Located at the southwest corner of Main Street and McMullen-Booth Road) (Florida Power Corp.) A 88-37 LU? 88-27 Request - Annexation and Zoning, CC (General Commercial) TO: 2. Lot 1, BIk. B, Robinwood Sub. and an unplatted parcel lying west of Lot 1, Blk. E, Robinwood Sub. (Located at the northwest corner of the intersection at Soule Road and Main Street) (Ackley) A 88-38 LU? 88-28 'c~;"'. .1~",1I;-.... ". , ' . ~ ""~' Request - Annexation and Zoning, OL (Limited Office) Land Use Plan: PROM: Low Density Residential TO: Residential/Office E. Chairman's Items F. Director's Items G. Board and Staff Comments P & Z Agenda 4 12/13/88 A.. Mo t ion was minutes of unanimously made by Hr. Ham i 1 ton, se conded the November 15, 1988 meeting (7 to 0). by 1-1 r . Sc h wo h , as corLectj~d. to app rove the ~o t ion C .'lr1' ied MINUTES PLANNING & ZONING BOARD TUESDAY, DECEMBER 13, 1988 - 2 :00 PH (~" Members Present: Chairman Johnson, Ms. Nixon, Hessrs. Ferrell, Green" Hamilton, Hogan, and Schwob Also Present: M. A. Galbraith, Jr., City Attorney Hotion was made by Hr. Schwab, seconded by Hr. Green, to continue approval of the minutes of the November 29, 1988 met~ti.ng to the January 3, 1989 meeting. Motion carried unanimously (7 to ~). Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this dAtl~ in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a t-ecord of the proceedings to support the appeal. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. I . Lots 5, 7, and 8, Countryside Village Square (2543 Countryside Boulevard) Countryside Village, Ltrl. (Pelican Pete's Seafood House)/Haney M. Sweda CU 88-111 l i \,' Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned CC (Commercial Center) Hs. Harvey advised as foltows: This is a request for on premise consumption of alcoholic beverages in the Commercial C~mter zoning district; the request is for zoning approval of a new 4-COP-SRX State license, which license requires 51% food sales; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the appl icant proposes the operation of .a restaurant at Countryside Village Square to be 1mo\-111 as Pelican Pete's; on March 1, 1988, this Board approved the same conditional use request subject to the Occupational License being obtained within 6 months and the outside speakers being turned off at 10:00 PM and since applicant was unable to complete the business transaction until this time, it is necessary to again obtain approval; the Traffic Engineer had 110 comment; and the Police Department saw no reason to deny license to appli.cant. 11s. Harvey stated no variance to the separation distance is required. Ms. Harvey advised staff recommended approval subject to the following: 1) 'Thclt the Occupational License be obtained within 6 months; and 2) That the outside speakers be turned off at 10:00 PM. " , "-,, Mr. Haney Sweda, representative of applicant, stated the ~pplicant is request approval of alcoholic beverage sales in conjunction with a full-service restaurant. After questioning by Board members, Mr. Sweda advised as follows: The reason for the time de lay was tha t the company ~las sold to a foreign P & Z MINUTES 1 12/13/88 Request -Child Day Care Center Zoned -P/SP (Public/Semi-Public) ('" foreign compan.y and closing was held up; the outside speakers are more for "mood music;" the applicant felt the speakers were necessary to the operation of the restaurant; the applicant currently has no plans to serve outside; and, the applicant understands that if the deck is expanded it will be necessary to come before this Board once again. Ms. Harvey advised one letter of objection was received from Vernon Dokken, 2595 Countryside Boulevard, No. 302, Clearwater. No persons appeared in support of or in opposition to the above request. Mot ion was mad e by Hr. Schwob, seconded by Mr. Ferre 11, to approve the above request subject to the Eollowing: 1) That the Occupational License be obtained within 6 months; and Z) That the outside speakers be turned off at 10:00 PM. Motion carried unanimously (7 to 0). 2. Lots 4 through 10, Replat ot Biles. 80 and 81, Mandalay Unit its Sub. (54 Eay Esplanade) Clearwater Beach Community Church/Herhert Freitag CU 88-112 Ie .. \\. '.. Ms. Harvey advised as follows: This is a request [or a child day care center in the Public/Semi-Public zoning district; the governing sections of the Land Development Code are Sections 136.025(b) and (e)(8); and, the Traffic Engineer had no objection. Ms. 'Harvey further advised as follows: There appears to be no screening proposed to buffer. residential areas; there is no particular parking plan identifying pickup and drop off of children; and, specifically in regard to child day care, there should be 11 finding made that there is sufficient outdoor play area and would need to be clarified before the Board could take acti.on. Ns. Harvey advised that staff recommended denial based on the impact of noise unreasonably diminishing the use, enjoyment and value of surrounding properties; there is insufficient landscaping and buffering to diminish noise; and there is insufficient outdoor play area. t ".,. Rev. Kerbert Freitag, Ninister of Church by the Sea, advised as follows: He presides services for 600 to 800 people; the proposal to institute a day care center was unanimously approved by the Church Board; he felt there is a tremendous need for a day care fac i Ii ty on the beach as there are no such facilities currently on Clearwater Beach; couples who live and/or work on Clearwater Beach need some place to take children and it would be much better to have the children where they are closer to home or work; there will be a maximum of 49 young people, ages 2 to 5 years; there is a sufficiently large a rea for out s id e p lay and the area mus t be fenced if there is a day care center; the play area would be on the Cyprus Avenue side of the Church and would be fenced; only two people voice objection to him personally, one of which was withdrawn; he anticipates part of the fencing would buffer some sound; there would be no more than 13 children outside at one time; the Church will operate as a nonprofit day care center in partnership with Latchkey and will provide affordable day care; pickup and drop off of children will be from a circular drive, though all parents will not have cars as many of the parents would not be able to afford cars; he felt traffic would be minimized; the center will satisfy the needs of people predominantly who work in the hotel businesses; the hours of pickup and drop off will be staggered; and the Church P & Z MINUTES 2 12/13/88 'j., ' . .. I ; '. ," . ',' , ,'. '. ....:. . .' . . : ' ": " ' '," I" ,'. . "" '. . ' .. " . I' '" : seeks to meet the needs of the community and services would be pcovided regardless of whether or not the parents are members oE the Church or attend the Church. ('h' After questioning by Board members, Rev. Frt:!ltag advised as follows: The Church has had some people express an interest in the proposed Jay care center, as well as some area hotels; he is not sure if the drawing is drawn to scale but people from the City said the area met all the laws; the vacant lot to the north 0 f the Church prope rty is not Church property and will not be used; and, the play area does not include the vacant land north of the Church. In support of the above request, the following persons ~ppeared to give their comments: Ms. Jean Hand, Deputy Executive Director of Latchkey, advised as follows: Latchkey is extremely interested in working with the Church to provide a day care center on Clearwater Beach; several hotels have expressed an interest in a day care center on Clearwater Beach; the location of the d.'lY care center is perfect and would serve 49 children from 2 to 5 years or age; they have worked with pinellas County licensing board and all i.nspections have taken place; the play ground area was determined to be more than .<.1dequate; there will be a planned, structured program from 6:30 ^-,'1 to 6:00 P~f; only one classroom at [l time will be outside; pinellas County licensin.g board would not require a playground for all 49 childrerl since all will not be outside at one time; there would be a very low adult-to-chilrl rntio of about 1 to 10; and she felt there was a tremendous need for the day care center. (h' After questioning by Hr. FerrelL, Hs. Hand stated there would be no more than 13 children outside at one time; certain times of the day there would be one supervisor and other t tmes there would be two ad ul ts; and, Latchkey i.s a nonprofit organization that provides child day care throughout Pinellas County. Ms. Ann Garris, 38 Acacia, advised as follows: the entire community has supported the Church since its beginning and the Church has attempted to support the community; McKay Field is across the street and the }'ol.lth center is only one block; she knows of only one complaint since the field was built; there have been no complaints about the more than 40 Sunday school children arriving on Sunday mornings; she felt the problem with children is unhappy noises and that chi.ldren's happy noises were not unpleasant; there has long been a need for sueh a facility on Clearwater Beach; and, she felt the Church was the least expenSive place for a child day center on Clearwater Beach. Ms. Jeanette Benfield, 1651 Gulf Boulevard, representative of the Boacd of Diree tors of the Church, stated the Church has explored a 11 areas of cone ern and it is the Church's way of giving back to the community something that is needed. Ms. Lorraine Freitag, member of Chapel by the Sea, stated this request is not being made for the Church to make a profit. She added the Church is trying to do something positive about this problem. { ~" Ms. Darlene Kolodziej, 1450 Cleveland Street, stated that establishing the day care center LH an answer to the child day care problem on Clearwater Beach. She stated that retailers on the beach recognize the need for child day care. She also stated that a loc oE the jobs avai lable on Clcarwatcc nench are P & Z MINUTES 3 12/13/88 , ~.' .' ' '.'. . . . '. . . . .... . . '. "':" '. ....: . .' .' '.' . . .... " . m1nlmum wage and child day care is very costly. She further stated the Church is trying to service affordable child day care on Clearwater Beach. (-.. t The following persons appeared in opposition to the above request to give their comments: I' Mrs. Ruth Skorjanc, 600 Cyprus Avenue, advised as follows: The size of the lot is about 35 feet by 70 feet; in 1970, there was a proposal for child day care and at no time were the neighbors contacted regarding child day care; though the proj ec t is nonp rofi t, the church wi 11 rec e ive fede ra 1 fund s; some area hotels pay a portion of the child day care costs; the area is very well established as a senior citizen center; high taxes are paid and the residents 1 i v eon the i r 0 wn pro per t y ; the to u r i s t t r ad e i s ve r y imp 0 r tan t tot h e residents; traffic will be increased from attendance by 49 children; the Church has very little parking and it is not adequate; she objects to the noise and lack of parking; the building proposed to be used for the child day care is less than 1,800 square feet and there is no back exit; she felt there are enough child day care centers in Clearwater; and, the request was denied in 1970 and it should not be considered again. Mr. WillialU Phillips, advised as follows: He owns the vacant lot immediately north of the Church plus a triplex; he expressed concern that there would be a lot of noise early in the morning and felt the permanent residents would be hurt; he suggested the needs of the working people of the beach should not be at the expense of the residents; he felt property values would decrease; and, the vacant lot is not Church property and should not be looked upon as a parking lot or a play area. (" "-. Mr. Nick Didomenico, motel owner at 64 Bay Esplanade, advised he still doesn't know where all the children will be. He stated he purchased the motel two years ago and most of the people he caters to are senior citizens. He also stated the area is popular because there is no noise. Ms. Dominique Brongel, 557 Cyprus Avenue, stated she 1S opposed to the nOise of the children and felt property values will be decreased. Ms. Mary Martin, 585 Cyprus Avenue, stated she would not like being awaken in the morning by the noise from the children. She stated she knows property values will fall. Ms. Harvey advised a letter and petition in opposition to the child day care center, primarily concerning noise to adjacent property owners, were received. She advised that a letter from Mrs. Skorjanc and additional documentation and minutes from 1970 when child day care was previously requested were received. i \...... After questioning by Mr. Schwob, Ms. Harvey stated she recognizes the need for child day care throughout the City of Clearwater and is in support of day care centers, especially on the beach, but she is concerned with the particular location. She stated the application did not provide information to enable the Board to make a decision that would stand on its own in terms of being approved. She stated her recommendation of denial was based on two areas in the Code: that which dealt with the impact of the noise of the child day care center reasonably diminishing the use, enjoyment and value of surrounding property; and, that which dealt with the issue of insufficient landscaping to buffer noise. She also felt there did not appear to be sufficient outdoor play a re a. P & Z MINUTES 4 12/13/88 (-" Ms. Harvey ad vised as fo llows: the Ci ty does no tins pec t p rope r ties and does not issue licenses in regard to child day care centers and any inspection made would be on the construction of the building itself and any fencing that would be constructed; the City does not make a determination on the required square footage; and, the inspections for meeting requirements LS done by pinellas County and the Stat e. She s ta ted it is s t i 11 not c le sr there is suf f icient play area and staff's findings are based on what is contained in the application, of which there was nothing indicating whether there is sufficient play area. She also stated that fencing has not been addressed in that is it not known where the fencing will be located and/or whether variances will be necessary for the fencing. Mr. Hogan felt there was a need for day care centers but felt they should not be located in residential areas where residents cannot enjoy the peace and quiet of their area. In support rebuttal, Ms. Jean Hand, advised as follows: Latchkey is a center for subsidized child day care; area hotels have identified 11 individuals who live and work on the beach but need ta leave the beach to get child day care; the required inspections obtained include Pinellas County license board, the Fire Department and the Health Department; the Church needs to have 25 square feet inside and 35 square teet outside Ear each child, both of which have been met; four classrooms will serve 12 chi.lclren each antI a lunch room; she felt loud noise will not exist; and all the staff have been fully trained. (. In support rebuttal, Ms. Darlene Kolod2;iej, stated the Church has looked into landscaping and fencing and it is part of the entire process. She stated the Church is currently looking at a wooden fence in. terms of a buffer. In support rebuttal, Ms. Ann Garris, stated one of the problems 1S that mothers of children cannot be here because they are working. After questioning by Mr. Schwab, Ms. Garris advised of the permanent residents on the beach she estimates that approximately 85% to 90% of the membership consists of residents of Clearwater Beach and Island Estates. She added there are a lot of residents who support the Church e~en though they are not members of the Church and there are a growing number of people with young families who support -the Church. She stated it i.s the only Church on Clearwater Beach. In oppositi.on rebuttal, Ms. Ruth Skorjanc, stated the neighborhood cannot take care of the entire ar2n and suggested the possibility of employers providing child day care for their employees. She felt the building was too small and questioned if the hall and the Church were insured. She also felt a wooden fence would not buffer noise. In opposition rebuttal, Mr. William Phillips, felt 11 permanent residents needing child day care is not a lot of people when there are 1,300 permanent residents who live on the beach. He felt the residents should not suffer for the needs of the innkeepers, workers, etc. He felt the Board should look at the immediate two-block area and its impact on the Church. In opposition rebuttal, Ms. Dominique Brongel, felt the residents already put up with a lot of activity from the Church. I \....., In opposition rebuttal, Mr. Nick Didomenico, stated he pr:-eviously was a real estate agent and the child day care center would not attract investors to the P & Z MINUTES 5 12/13/88 Ms. Nixon stated she lives 1/2 mile from a day care center and she can hear the nois€ of the children. She stated children will be outside for 8 hours a day. She felt the configuration of the Church and play area would not buffer the nois e. She felt that approving the use of a day care center next to a residential area would be an irresponsible action on the part of this Board and she Vlould not be in favor of the request. area. He also felt parking would not be adequate and his parking has been used by peop Ie at tend ing the Ch urch. r" In final rebuttal, Rev. I1erbert Freitag, stated the Church is looking at a 3- part day care center. He stated the Church is seeking to meet the needs of the residents of Clearwater Be<lch, the people who live and work on Clearwater Beach, and the people who work on Clearwater Beach. He felt some of the comments made did not pertain to the request for the day care center. He also stated t'here is an increasing number of couples with children on Clearwater Beach an.d the commun it y is not jus t the ne ighbors. He s ta ted t her e is noise from persons other than the children and there will be some noise from the day care center. He felt the needs of both older and younger residentg should be met and not just a specific group. Rev. Freitag stated whether there is adequate parking on Sunday is not relevant to the request for the day care center. He stated that Ms. Harvey's staff told him he had supplied all the information he was required to supply. He stated he \...as not told he had to show the fenced-in play area or how the children would be picked up or dropped off. He also stated the vacant piece of property to the north has never been ass umed to be owned by the ell urc h. He felt some 0 f the peo p le who signed the petition in opposition lived too far away to hear noise from the child day care center. 6~ ., "'fl\', Aft e r que s t ioni ng by Board members, Rev. Fre i tag advi sed as fa llows: TIle Church bas many programs for senior citizens such as the ladies auxiliary and education programs; he does not know the square footage of the outdoor play area but pine llas Coun ty has ad vi sed both th e indoor and au td 00 r areas are adeq uate; and wha tever is nec es sary to ge t the ch i Id re n to the c lass rooms safely without the parents parking will be done. He advised that the hours of operation the proposed day care center will establish are from about 6:30 AM to 5:30 'PM and drop oEE of childI:'en will take place from about 6:30 Ai'1 to 8:30 AM. After further questioning by Hr. Hogan, Hs. Hand clarified the usual procedure for Latchkey chilclren is to have the chi Idren signed in by a supervising adult. Mr. Hami Iton felt day care is very expensive when a center 1.8 prepared and operated by a private concern and felt it is critical for day care centers to be affordable. He expressed concern regarding comments made by staff and suggested the possibility of continuing the above request to obtain more specific information such has how the noise will be handled. Mr. Hogan stated he appreciates the need for a child day care center but felt the residents should not have the burden in a residential community. ~ Mr. Ferrell stated the residents' properties are not zoned residential even though residents live in the Resort Commercial zoning district. He also stated, though he is sympathetic to the noise, he felt the area was buffered on three sides of the property by buildings. He stated he may be looking at the requ€st differently because it is not a "for profit" operation and the rates would accommodate the working class. He also felt the Church was trying P & Z MINUTES 6 12/13/88 , , , \ " I I" ,J '. t" , ", '. . . ," ' ' , I.,...., . , ~' . .". " " . " _.". . . . .." . c~., to fill needs Eor both older and would cons ider approving the above s how lands cap ing, buf fe ring, and 11 should be answered. younger residents. reques t but Eelt parking pLIO. He Nr. Ferre Il stated he the appl ieation should felt staEf's concerns t1r. Green stated he would like an organization such as this to care Eor his children but it is this Board's responsibility to decide how this new use would efEect the surrounding property owners regardless of whether or not the area is zoned for residential use. Mr. Schwob stated he LS a SCtllor citizen and does not mind the children's nois e and he stated a Il~arby schoo 1 has not caused his property value to decrease. He expressed concern that necessary infornwtion W,1S not provided to staff, but he felt the use serves a need of the community. He stated he would like to see staff's concerns satisfied and still approve the request. Mr. Green stated one oE the criu.!ria this Board is specifically required to look at is noise and its effect on the surrounding area. Ms. Nixon expressed concern tllat the residents will experience nOlse for hours a day. Mr. Hamilton stated this location is one of the best locations Ear the day care center and he doesnt t see where else it eould be located on the beach. He stated people on the beach need such a place and many may not have cars. He advised his only concern is addressing the questions of staff. I:, , ~"l. Mr. Johnson stated he is in favor of day care centers but felt the subject location was not a good location because of noise and parking. Motion was made by Mr. Hamilton, seconded by Mr. Schwab, to continue the above request to obtain more information to answer staff's questions. Arter questioning by Mr. Ferrell, Me. Harvey advised because the site is an existing building there tS not a process for site plan revie'>1 and the Church may not want to spend money for an architect to draw a site plan. as. Harvey also advised as follows: There was nothing in the application identifying the number of necessary parking spaces; it was not until today that it was learned how many employees there would be and she guessed there would be five employees by the adult-to-child ratio; there was nothing on the application i ndi ca t ing tha t landscap ing or fenc i ng would be ins talle d; and, there was noth.ing ill the application indicating how pickup and drop off of children would take place. Ms. Harvey stated that, when filling out an application, it is a matter of reading the Code and staff cannot be responsible for being the illstructors of how to fill out an application. Mr. Hamilton stated that since there were questions raised he felt the continuance was appropriate. After roll call, motion Eailed (3 to 4) with r-1essrs. Ferrell, Ilamilton, and Schwob '.roting "aye" and Ms. Nixon and Messr.s. Green, Hogan, and ,Johnson voting "nay.1t Motion was made by 11s. Nixon, seconded by Hr. Hogan, to deny the above reqllest. Motion carried (4 to 3) with Hs. Nixon and Messrs. Green, Hogan, and Johnson voting "aye" and Messrs. Ferrell, Hamilton, and Schwab voting "nay." l~ P &. Z MINUTES 7 12/13/88 Motion was made by Hr. Hogan, seconded by Hr. Green, to approve request subject to the following 1) That the new alcoholic beverage obtained within six months. Motion carried unanimously (7 to 0). the above license be 3. Lots 5, 6, 15, and 16, Blk. 3, Overbrook Sub. (t3S1 Cleveland Street) Donald Russell (Idle Spur Saloon)/Clark Hubbard CU 88 -11 3 ('.. '-, Re que s t - 4 - COP ( 0 n Pre rn i s e Con s urn p t ion AN D Pac k age Sa 1 e S 0 f Alcoholic Beverages) Zoned - CG (General Commercial) Ms. Harvey advised as follows: This is a request for on premise consumption and package sales of alcoholic beverages in the General Commercial zoning d is t r i c t; the s p e c i f i c r e que s tis for a c h an g e 0 f I ice n sed e s i g n a t ion from a 2-COP State license to a L.-COP State license; the governing sections of the Land Development Code are Sections 136.024 and 136.02S(b); the Traffic Engineer had no objection; and, the Police Department sa\., no reason to deny license to appl icant. Ms. Harvey stated no variances to separation distance are required. Ms. Harvey advised stafE recommended approval of the above request subject to the following: 1) That the new alcoholic beverage license be obtained ~Lthin six months. M:r. Clark Hu.bbard, applicant, stated he has been O\Vl1.er of the subject establishment for 2 1/2 years and managed the establishment the previous two years. He added he is requesting on premise consumption and package sales. After questioning by Mr. Schwab, Mr. Hubbard stated he caters mostly to blue collar working class clientele and tourists and on only rare occasions is there live entertainment because his operation is on 1,200 or 1,400 square E ee t. (' <\'-- No persons appeared 1n support of or in opposition to the above request. 4. M&Bs 41.01, 41.02, 41.03, 41.04, 1-1-2.01, and 42.04, Sec. 30-28S-16E (2601 U.S. Hwy. 19 N., Suite 523, Countryside Hall) Bellwether Properties of FL/(Italian Bistro Ristorante) Mario Longo, President/Samuel Marshall CU 88-114 ReqtleS t - 4-COP-SRX (On Prem ise Cons ump t ion of Alcoho 1 ic Beverages) Zoned - CC (Commercial Center) Ms. Harvey advised as follows: this is a request for on premise consumption of alcoholic beverages in the Commercial Center zoning district; the opeciEic request is for a new 4-COP-SRX State license for a proposed new restaurant in Countrys ide Mall; the governing sect ions of the Land Deve lopment Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no objection; and, the Police Department saw no reason to deny license to applicant. Ms. Harvey stated no variances to separation distance are required. Ns. Harvey advised staff recommended approval of the above request subject to the following: 1) That the Occupational License be procured within six months. ( '"--, Mr. Samuel Marshall, representative of applicant, stated applicant operates 14 restaurants and applicant will primarily have a restaurant wl1ich serves cocktails. Mr. Harshall stated the evening entertainment is in the form of P & Z 11INUTES 8 12/13/88 , '.' , ' ,', ~' . I ' ,',; ,",' :' .'. " : :. ' .'. " , I . ., . , . ; : ,.',' , :" " piano music, a female with a guitar, or a comedian. After questioning by Mr. Schwob, Mr. Marshall stated there will be a separate entrance on the upper level to the restaurant. (~.. ".. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by M.r. Green, to appro\Te the above request subject to the following: 1) That the Occupational License be procured within six months. Motion carried unanimously (7 to 0). 5. Lots I and 2, Haas Sub. ~ND Portion of Lot 3, Blackburn Sub. (1950 u. S . Hwy 1 9 N.) Ridge Haven Associates, Ltd/Steven M. Seibert CU 88-115 Request - 1. 2. - CI,I Vehicle Service AND Outdoor retail sales, (Highway Commercial) displays and/or storage Zoned (' .;: . Ii '1.!'~. Ms. Harvey advised as follows: This is a request for vehicle service and outdoor retail sales, displays and/or storage in the Highway Commercial zoning district; the specific request is for automobile service and sales on property recent ly annexed into the Ci ty and adjacent to Ridge Haven Nobile Home Park; the governing Sections of the Lanc.l Development Code are Sections 136.Q25(b), (c)(22), and (c)(27)j the City Commission reviewed the site plan and authorized staff review of the Einal site plan subject to conditions, one of which is conditional use approval; and, the Traffic Engineer commented the site plan has problems and he was concerned that the business will not be contained on the site. 11s. Harvey stated the Traffic Engineer might be referring to the testing of automobiles in nearby residential areas. ~ls. Harvey advised that if the above request is approved the Board must specify the type of s ervic e allowed on site. Ms. Harvey advised s t af f recommenc.led approval subject to the following: 1) That the Building Permit be procured within the time limitations of the certified site plan; 2) That there be no major vehic Ie repair on the property; and, 3) That there be appropriate closing hours set by the Board for the vehicl,! service and sales use. After questioning by Mr. Green, Ms. Har\Tey advised major vehicle repair include engine or transmission dismantling, painting, body, fender, muffler, top and upholstery work. Attorney Steve Seibert, representative of applicant, stated the service area is proposed to be along the line of a "Jiffy Lube." He advised that the site plan submitted with the application also shows a pizza shop on the site becaus e the Ci ty wan ted to see a 11 th e uses pr oposed for the s i.te be fa re it would approve the site plan. He stated applicant felt an automobile sales and automobile repair operation is the best use for the location. He also stated a buffer will be provided for the mobile home park. After questioning by Board members, Mr. Seibert advised as follows: There has been no interest in doing body work or engine repair at the location; applicant would have no objection if body work was prohibited at the locationj applicant would have no objection to a 10:00 PM closing; and, he does not know how many used cars would be on site. ( \.."" No persons appeared 1n support of or in opposition to the above request. P & Z MINUTES 9 12/13/88 I' ': . '.' ", . . .' , . . . .', . . '. ~'. ' . " " . ,. 'V. .. Ms. Harvey advised that the site plan has not gone through final review and the site plan will not be completed until the Development Review Committee has reviewed the plan nnd the plan is certified. t"~' . , 'f, Ms. Harvey requested the Board to be specific if it authorizes engine repairs as a specific condition is much easier for staff to monitor. She added if the applicant wants more than is authorized the applicant should come back before this Board with another request~ Notion was made by Mr~ Schwob, seconded by Mr ~ Green, to approve the above request subject to the following: 1) That the Building Permit be procured within the time limitations oE the certified si,te plan; 2) That there be no major vehicle repair on the property as defined in Section 136.025(c)(27)d of the Land Development Code; and, 3) That the closing time be set for 10:00 PM~ Motion carried unanimously (7 to 0). 6 ~ Lo t 2, Stud e b a k e r' s (2516 Gulf-to-Bay Boulevard) Mickey Pattemore/Blackpool Palace, Ltd~ (Pattemore1s Night Club)/Robert E~ Gregg CU 88-116 Request Zoned 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) CG (General Commercial) (""", '.../" Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the General Commercial zon.ing district; the specific request is for an expansion of the operation currently holding a 4-COP-SRX State license; this 4-COP-SRX license was issued many years ago and \vas not subject to the 51% food sales requirement; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the request is for a proposed 2,000 square foot expansion; the Traffic Engineer expressed concern that not enough parking is being provided though current Code requirements are being met; an.d, the Police Department saw no reason to deny license to applicants. Ms. Harvey stated a variance to the separation distance from a Church zone will be required to be approved by the City Commission. She also stated that on November 15, 1988, this Board approved the same request for an open deck sub j ec t to the following cond it ions: Tna t the Eu iId ing permi t for the expansion be procured within 6 months; that a variance to the separation distance be approved by City Commiss ion; and that the approval of alcoholic beverage sales in the expanded area is for a period of one year. Ms~ Harvey further stated that on November 17, 1988, the City Commission denied the request for a variance~ She advised that the applicants amended the application from an open deck concept to a fully enclosed expansion area. Ms~ Harvey advised stafE recommended approval of the above request subject to the following: 1) That the Certificate of Occupancy for the expansion be procured within 6 months; and, 2) That a variance to the separation distance be approved by City Commission. I '-... Atty. William Kimpton, representative of applicants, passed around pictures of the subject establishment (see attached copies) and advised as follows: On November 15, 1988 applicants requested approval of an expansion to sell alcohol ic beverages on an open deck; applicants are in compliance with the Code; applicants actually have more parking than other establishments; in regards to noise, the expansion will be on the side of the building that is opposite to the Church; applicants felt there would be no problems with P & Z MINUTES 10 12/13/88 In opposition to the above request, the following persons appeared to g1\Te their comments: ("' parking; allegations presented before this Board pr.evlollsly and before the Ci ty Commi S5 ion rega rd in.g breaki. ns se ems to have bee n E rom Eo nne r owner S 0 f the establishment; the opposition at the previous lIleQting was regarding control of patrons; the windows of the enclosed exp3nsion do not open and the applicants tried to remodel in a style compatible with Clearwater; appli.cants have tried to make every reasonable concession to the Church, such as security, parking, noise, etc; the Church has not responded to requests by applicants for suggestions on how to make operation 1I1On~ agr.eeable; and, applicants has 30 years experience here and in Europe. After questioning by Board members, Mr. Kimpton advised as follows: TIlere will be no outside speakers; and, people will enter the establishment through the expansion area. Mr. Robert E. Gregg, architect for applicants, .3dvised that p.nclosing the deck has been done at considerable cost to the applicants, such as the installation of air conditioning, insulation, etc. After questioning by Mr. Johnson, Mr. Gregg clarified that the main entrance to the establishment will be through the expansion area. In suppo r t of the above -req ue s t, the fa 1 Low ing pers on appea red to g 1 ve her comments: e: ~~~ Ms. Janice Pattemore, applicant, stated $1.5 million has been invested in the building. She stated they have done everything to go along with the Church and have been good neighbors. After questioning by Ms. Nixon, Ms. Pattemore stated the club in the back portion of the building is open but is not doing a good business; music from the 50s, 60s, and 70s is played; there is both live entertainment and music played by a DJ; <'1nd, the area contains about 6,000 square fee t. Atty. James Felos, representative of the Greek Orthodox Church of the Holy Trinity, advised as Eollows: The Church Council voted unanimously to oppose the subject application; the Church has been at its location for 20 years; there are a Church, an education building, and a meeting hall on the Church property; the Church has 900 members with 300 children; the Church 1.s concerned that Hako's image has been adopted at pattemore's; the Church is concerned about intrusion unto its property by drinks; and, the Church has had problems with breakins. When ~1r. Felos began speaking about requirements in the Code regarding variances, Ms. Harvey clarified that Development Code Adjustment Board requirements were not relevant before the Planning and Zoning Board. She also advised that the use is not a nonconforming use. Mr. Felos stated the Church felt the more people at the establishment the more problems there will be. He stated the Church felt i.t should be protected. After questi.oning by Board members, Mr. Felos advised as follows: TIle Church is still opposed to the application even though the open deck, which was the basis or the Church's opposition at the last hearing, was enclosed; and, the Church would be opposed to a fence being installed between properties because the Church would want to avoid a prison look. ~.., Ms. Nixon felt the objections by the Church can.not be to drinking because the Church sponsors a festival where alcoholic beverages are served. P & Z MINUTES 11 12/13/88 " . .: . .' ,.,' . .".'~ I" I, ' ',..., I, . J " '.: .'. ',:' ...' .' . " ' . ,-. : . '.,1 , - (to';"-- Mr. Green felt it appeared the Church was opposed to the establishment being successful and he felt this was an unreasonable objection. Hr. Felos stated the Church does not want the establishment to go out of business. He added the ob jec t ion was to more peop le d r inki ng and th e Ch urch was not op pos ed to the expansion being used for only eating. Mr. Hogan stated the subject property 1S commercial property. Mr. Hogan felt that no mattel- what the owners do the Church would still feel the use is not compatible. He felt the applicants have tried to comply and have made an honest effort to operate without being obtrusive to the Church. Mr. Green stated he could not see what effect an increase in the size of the building would have on the Church. After quest ioning by Hr. Green, Hr. Felos felt the Church's main objection to any increase is because the larger the crowd the more prob lems there wi 11 be. Il~ , Father Theo Anastas, Pastor of the Greek Orthodox Church of the Holy Trinity, stated that up until this afternoon he thought the applicants would be a good neighbor. He stated he was invited to the es tab lishment this morning to be assured that the expanded area being enclosed would take care of the noise factor. Father Anastas stated he was threatened by the attorney, the architect, and the applicants, previous to this item being heard, who stated they would turn the operatlon into a strip joint if necessary. He stated the Church's objection was not to the applicants but to the concept of Mako's and the outside deck. He also stated the Church objection is that the more people in the building the more potential there will be for trouble. He further stated there is no guarantee the applicants will be the owners and new owners may change the concept of the operation. He felt it appears that, if the Church doesn't do what the applicants want them to do, the threats begin. After questioning by Mr. Schwob, Father Anastas stated it is his personal opinion that a fence would diminish some problems and he felt the Church was concerned with protecting its property and possibly the Church was concerned with the aesthetics of a fence. He felt the applicants would do what they say they will do but he was concerned that the Church will be dealing with a different owner in the future. Mr. Johnson advised if there is a new owner the new owner would be required to come before this Board for approval of a change of business ownership. }ir. Hogan stated he did not like to hear that the Church was threatened. Mr. Hogan s ta ted it appea rs tha t the type of es tab I is hmen t, regard les s of who operated it, would be objectionable. He felt applicants have tried to do everything they can. He stated Mako's was objectionable for diffarent reasons as it had an outside deck, inadequate parking, and was in a residential area. Father Anastas stated he does not want to see applicants out of business and the Church does not have the right to put them out of business. Father Anastas requested that, if the Board approves the request, the Board require applicants to come before this Board again in one year. ~ "- In final rebuttal, Mr. Kimpton stated he felt the questions regarding the Code were add res sed. He s ta t ed it is good there are no ch i ld ren a round a lcoho 1 ic beverage sales. He stated applicants are offended about what has happened. He also stated applicants have had no incidents against them. He advised the threat that took place preViOUS to this item being heard was that Mr. P & Z MINUTES 12 12/13/88 ",':.,: .",,~ ",1'r: ~":""l-:", _. .....;...~' t'" : "" ,'''''~: ' ~ -,.,. .'.:;;". . .J., '.:.' '.' ~, . :'. Pattemore stated he was approached at one time by a topless operation with an off e r top u r c has e the est a b 1 i. s h men t. He f e 1 t the res h 0 u 1 d b e S 0 m e reasonableness to objec tions made amI the Church sells illcoholic beverages r'!:, when children are present. ~1r. Hogan advised that this Board wi 11 not b::lSC its decision on the possibility of the establishment being sold to a nude club. Aft e r que s t ion i n g by Hr. Sc h wo h , offered to hire 5 guards to make applicants even agreed to place protection. Mr. Ki.mpton sure there a gu ard ~n s ta ted the app 1 ic an t shave are no p rob lems, and the the Church parking lot for After questioning by Mr. Schwob, Ms. Harvey stated she personally felt that if the request was denied applicants could still sell alcoholic beverages on premises but the applicants could not sell or carry alcoholic beverages into the expanded area. She added it would th.en be the City's responsibility to monitor the restriction. Mr. Hamilton f~lt that everything that has been asked of the applicants has been done. Ms. Nixon felt the hours of operation of the nightclub will not be the same as the main hours of operation of the Churc11. "y' ~~,. Hotion was made by Hr. Hogan, seconded by t1r. Hamilton, to approve the above request subject to the following: 1) Th~lt the Certificate of Occupancy be procured within 6 months; 2) That a variance to the separation distance be approved by City Commission; and, 3) That approval of alcoholic beverage sales in the expanded area be approved for a period of one year; and 4) That there be no outside speakers. Motion carried unanimously (7 to 0). 7. Lots 1, 2, 3, and 4-, Sunset Square (1863 North Highland Avenue) Stuart S. Golding, Trustee/Peter Georgantas/Athena Liquor, Inc. (Highland Liquor Depot) CU 88-117 Request - 3-PS (Package Sales of Alcoholic Beverages) Zoned - CC (Commercial Center) Ms. Harvey advised as follows: This is a request Eor package sales of alcoholic beverages in the Commercial Center zoning district; the specific request is for approval of a change of business ownership of an existing package liquor store in the Sunset Square Shopping Center which operates under a 3-PS State license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b) j the Traffic Engineer had no comments; and, the Po lice Department advised that it had one complaint of petty theft involving the owner oE the license. Ms. Harvey advised only if the complaint resulted in conviction would approval of the conditional use be invalidated. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the new Occupational License be obtained within six months. l" Mr. Pe ter s tore and Georgantas, the request applicant, is mer-ely stated he is a c hang e 0 f buying the subj ect package business ownership. After P & Z M.INUTES 13 12/13/88 '. ~ " " . " , . . ,.... , ..' . '''7 ~. I: fJ ' ,': ... ..' .' . ' , :,' ...' ".: ". '. 1 .". . , , " questioning by Mr. Schwob, 11r. Georgantas stated there will be no change i.n the type of operation. ('- .. .1': " ! No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Hr. Hamilton, to approve the above request subject to the following: 1) that the new Occupational License be obtained within six months. Motion carried unanimously (7 to 0). c. Zoning Atlas Amendment: 1. Portion of M&B 22.02 Sec. 33-28S-16E (Located on the south side of Enterprise Road on the east side of proposed Landmark Drive Extension) ( Vogel) Z 88-24 Zoning FROM: TO: At las : OL (Limited Office) AL/I (Aquatic Lands/Interior) The above proper ty is lac a ted on the souths ide of En te rpr lse Road on the eas t side of proposed Landmark Drive Extension. The applicant was not present. II' ,'" ~~: Ms. Harvey advised as Eollows: This is a request for a zoning atlas amendrn€l1.t from OL (Limited Office) to ALII (Aquatic Lands/Interior); and, the reques t Eor the zoning atlas amendment was prompted by a conditional of approval required by the City Commission and the Development Review Committee that an application to rezone the wetlands area on the property to AL/! be submitted to the City prior to certification of the final site plan and preliminary plat. Ms. Harvey stated the applicant is not particularly in favor of the change but the change is required. She stated the rezoning will preserve th.e area that is under D.E.R. jurisdiction. Ms. Harvey advised stafE recommended approval of the request for a zoning atlas amendment from OL (Limited Office) to AL/I (Aquatic Lands/Interior). After questioning by t-lr. Schwob, Ms. Harvey advised she felt the City's rezoning of the property will have no influence on what will happen to similar property in Safety Harbor. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Green, to recommend approval of the req ues t for a zo ning at las amendmen t from OL (Lirn ited Of fice) to AL! I (Aquatic Lands/Interior). Motion carried unanimously (7 to 0). L P & Z MINUTES ll. 12/13/88 Request - Annexation and Zoning, CG (General Commercial) ;,'. D. Annexation, Zoning, Land Use Plan Amendment and Local Planning Agency Review ('~.' 1 . H&B 23.06, See, 04-29S-16E (Located at the southwest corner of Main Street and McMullen-Booth Road) (Florida Power Corp.) A 88-37 LUP 88-27 Land Use Plan: FROM: Low Dellsi ty Res ident ia I TO: Comlnercial/Tourist Facilities The above property 1S located at the southwes t corner of Hsill Street and McMullen-Booth Road. Mr. Ferrell declared a confl ict of interest (form attached) in regard to the above request and stated he would not vote on the above request. Atty. Timothy A. Johnso~, representative of applicant, advised as follows: TIle subject property is a small piece of property and has no purpose other than a service stati.on; the propeLty has frontage on a proposed 6-lane divided arterial and C.R. 576; the property is 130 feet from a residential subdivision; to act as a buffer, 26 Oak tLees will remain on site; and, a service station will actually generate less new trips per day than a doctor's office because most people getting gasoli.ne are already on the road. He felt the property would not be a proper place for a residential use. ( ......., Ms. Harvey advised as follows: This is a request for annexation, CG (General Commercial) zoning, and a Land Use Plan amendment from Low Density Residential to Commercial/Tourist Facilities; City water and sewer are available; and, Public Works requested the abutting right-of-way of Main Street be included in the annexation. Ms. Harvey stated staff was concerned for the residents to the west and she encouraged the applicant to provide as much space as possible between the construction of the building and residences. She stated if the Ci ty does n 't approve the reques t the pLope rty may annex into the Ci ty 0 f Safety Harbor. Ms. Harvey advised that, in order to provide as much protection as possible to the surrounding property, staff recommended approval of the request for annexation, CG (General Commercial) zoning, and a l.and Use Plan amendment from Low Density Residential to Commercial/Tourist Facilities. After questioning by Ms. Nixon, Ms. Harvey stated the City has recently gotten reques ts from res ident ia1. s ubd i visions on McMullen-Boo th Road to c los e roads to the subdivisions and many residents want to sell their homes. She stated this is because of the widening of Mc}lullen-Booth Road and the concept of what McHullen-Booth Road will be like in the future. Ms. Harvey advised one letter of objection was received from Robert and Virginia Mullins, 1891 Oak Forest Drive East. In opposition to the above request, the following person appeared to glve his comments: l \. lIr. not Christian Petersen, l8B7 Oak Forest Drive East, approved as ye t. He a Iso s ta ted there ar e 7 s ta ted the inters ta te is convenience stores/gas P & Z MINUTES 15 12/13/88 \~I , stations within a one-mile radius. He expressed odor. Mr. Petersen also expressed concern that, the gas station will operate 24 hours u day. concern .about pollution and if the req ues t is approved, (" '\ In rebuttal, Hr. Johnson stated the issues raised are issues that will be addressed during site plan review. He advised that the applicant will work with the City and the surrounding neighbors to minimize the impact. He stated that McMullen-Booth Road wi 11 be a 6 -lane highway. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the request for annexation, CG (General Commercial) zoning, and a Land Use Plan amendment from Low Density Residential to Commercial/Tourist Facilities. Motion passed (5 to 1) with Hs. Nixon voting "nayll and Hr. Ferrell abstaining. 2 . Lot 1 , Blk. B, Robinwood Sub. and an llnplatted parcel ly ing west of Lot 1, BIk. B, Robinwood Sub. (Located at the northwest corner of the intersection at Soule Road and Main Street) ( Ac It 1 e y ) A 88-38 LUP 88 -28 Request - Annexation and Zoning, OL (Limited Office) Land Use Plan: FROM: Low De ns ity Re s iden t ia 1 TO: Residential/Office ( The above property is located at the northwest corner of the intersection at Soule Road and Main Street. Mr. Larry Crow, representative of applicant, stated the property was recently rezoned by the County to P-l and was previously residential. lie stated applicant is seeking annexation to receive City sewer service. 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; City water is available; and, Public Works will determine in what manner City sewer can be provided. She stated the westerly 60 feet is maintained under the County as preservation, and, though the City does not have a preservation category, the City will Illaintain the property as preservation. Ms. Harvey advised staff recommended approval of the request for annexation, OL (Limited Office) zoning, and a Land Use Plan amendment from Low Density Residential to Residential/Office. No persons appeared Ln support of or in opposition to the above request. Motion was made by Hr. Hamilton, seconded by ~lr. Ferrell, 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 (7 to 0). ' E. Chairman's Items i \ "'-.-.. Mr. Johnson advised that it 1S time to nominate a new Chairman and new Vice Chairman for 1989. P & Z MINUTES 16 12/13/88 ". ,'. . 1 '. I .' ' .' ~, . . .' . ~ ';: . . . '. ' . . .. .,'.' .',' . . Mr. Schwob nominated John B. Johnson for Chairman and Edwin Hogan as Vice Chairman for 1989. r \, G. Board and Staff Comments After questioning by Mr. Hamilton, Ms. Harvey stated she felt that individual Board member's concerns about conditional use requests that also go before the City Commission should be personally addressed to the Commissioners. Mr. Hawilton expressed concern about Traffic Engineering issuing comments on City law that are not in the City Code of Ordinances at the time an item is pre sen ted to the Board. He s ta ted the Board mus t make its dec is ions on the current Code and Traffic Engineering should do the same. The Board generally d is agreed stat ing tha t, as long as it is made c lea r what app lies to current Code and what applies to proposed changes, they felt Traffic Engineering is only giving its opinion. Meeting adjourned at 5:52 PM. /?" CA...-c-~e.(.,..-' Paula Harvey Planning Director ~ (,:.,',....,' "'\l.:' L, P & Z MINUTES 17 12/13/88 " (/ {( g ~' .- J / ( " ../.. ..iT"~1".:u,,\.~ ~.nr--l......~---l 41I:lJl.."IT"'4. ~.,............,~'-_., ,",." ' '!i .;. ~, .._._.... .' ..0 .. 4 ., ..---...... . ..... . ~ ',~ .' " ( { \0,_. ~, \ ....." c,t{ g8 J J (;; ~, , >..' "" --~ ill III I I IIIII-~~' fir iif ~Ifnn ~ III III .111 III illl III -=111111 t:1I11I1 .111 III ;I~. I,I~ E"n III (__ L (, Yll ~ () / I &~ \ ~ , ! I ! j i i I I i i I I I i . ~ . .-.~ " I ) i I I i .I I I ! --. FORM 8B MEMORANDUM Of VOTING CONFLICT FOR ~O,UNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS ~^ME--FlRST NAME-MIDDLe NAME 'Q.ll, Arden Arth Ul" I ''''''";'\'-:'::''" (~1. DURESS 2'432 Fa; rbanks 'Cln' ,', Cl ea rwater NAME OF OOARD, COUNCIL. COMMISSION. AUTHORITV. OR COMMITTEE Dr; ve Planning and Zonin Board lHE 1I0ARD, COUNCIl.. COMMISSION. AUTHORITY, OR COMMITIEE ON WHICH I SERVE IS A UNIT OF: << ('II Y 'I! COUNTY I! OrHER !.OeAl AGENCV COUNTY NAME OF POLITICAl. SURUlVISION: Pinellas l>Al E. ON WI-lICII VOle OCCURRED , December 13, 1988 MY POSI1'ION IS: Xl APPOINTIVE U ELECTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, cit y, or other local level of government on an appointed or elected board, council, commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting COnniCI of interest under Sectilln 112.3i43, Fiorida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to us~ it in making the disclosure required by law. A,persQn holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures , to hissJncial privale gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained, , In either case, you should disclose the confliel: PRIOR TO THE VOTE BEING lAKEN by publicly slating to Ihe assembly the nature of your interest in the measure on which you are abstaining froln voting; and WI'THIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABS11\IN from voting on a measure which inures to his special private gain. Each local orncer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is re~ained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conniet before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU ,INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH t, -ollE VOTE WILL BE TAKEN: ' 6 , . ',' .~,;;~ :ih{luld complele and file this ~orm (befor~ n.laking anyatlempt to .innuenc~ the decision) with the person responsible for . ~,' i".;;:cording the minutes of the meeting, who will Ulcorporate the form In the mmutes. '. . A cop)' of the form should be provided immediately to the other members of the agency. . The forrn should be read publicly at the meeling prior to consi~eration of the matter in which you have a conflict of interest. '~I',~,i,', ' ~ 'f ~~, ,', I'z, , 'f. . '" ,<> , (:< ~ :, )'~ " ~' r~', <' t1i' "t ~; ~~- ~{ ~~. 1i~' ij; ~. ~, !l ~ :t .~t' - .. ~~ .::ti; .. , ., " - . > \' I. ~ ~: IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ft', ' '., " .. ..... : "'. You should, disclose orally the nature or y~lfr conflict in the measure berore participating. " ; · You should complete the fornl and file it whhi~ 15 dnys after the ~ote occurs with the person responsible ror recording the minutes of the meeting, who should incorporate the torm in the minutes. . .. .. . .I , ;L , I~~' I' ~\: ~ , ':1", .,;" , -. , !. ", -:. .;~.. ", . '". ...t '. 1I~ ~ , I; , Jj, ...... I, ; ~. DISCLOSURE OF LOCAL OFFICER'S INTEREST , \ I' JI.rden ft.. Ferre II ,.' ,- December 13 , 19 -88 , hereby disclose that on ':.\(a) A measure came or will come before my a'gency which (check one) r~:... ". 2;;~ inured to my special private gain; or .\;.... ..\,' tL inured to the special gain of Flortda, Power Corporation , by whom I am retained. ;~::; . /(!; . ~~(b) The; Q.l:e~~u,re-,be.forc my agency and the nature of my interest in the measure is a~ follows: ,~, " ':'l~i a~) ~nl;lOYed as a~ a rchit~ct wi th Flori da Power Co rporati on, property owner '. requestlng annexatlon, zonlng and land use pl an amendment (Item no. 0-1, i,..;< :;' December 133. 1988 meet; ng) . .. ! J .~. \ ~ : ',.,-'. .: ;; ~:. < .' . ~ ~(((~~(~ ';.~.:~:"~:\ r.:~(~ j.~\\'~ ~ , " , .~ ,,> ,1 L !~ ,< .. , ;l' fr. . 'A~~ '> if ~~' ( H. :.. ' ".~', ~ ,,'J ;.1.) ,:j- ,(;:, . December 16, 1988 ..,~ . .:' . Date' Filed 't Signature '" ,t! ... '.' ":' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.317 (I98S), A FAILURE TO MAKE ,c\NY REQUIRED DIS<:lOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, ~EDUCTION IN SALARY, REPRIMAND, OR A CIVil PENALTY NOT TO EXCEED 55,000. .J ~' Ii ~1 \: !. ,!