01/16/1990 (2)A C T T O N
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, January 16, 1990 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
D
ZJJU
ITEM ACTION
A. Approval of minutes of October 31, 1989 APPROVED
Approval of minutes of November 14, 1989
CONDITIONAL USES ANNEXATION ZONING LAND USE PLAN AMENDMENTS LAND
DEVELOPMENT CODE TEXT AMENDMENTS, AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL. USE REQUESTS IS GIVEN UNDER OATH.
1. The Chairperson reads from the Public Hearing Notice each item as it is presented.
2. The staff report and pertinent background information are presented. - 5 minutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. - 5 minutes maximum.
6. Persons who support the application speak - 3 minutes maximum for each individual;
or spokesperson for group - 10 minutes maxrimum.
7. Persons who oppose the application speak - 3 minutes maximum for each individual; or
spokesperson for group -10 minutes maximum.
8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maxdmUHL
9. Persons opposing may speak in rebuttal - 3 minutes maxumum.
10. The applicant has an opportunity for final rebuttal - 5 minutes maxamum.
11. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. Conditional Uses:
1. M & B 42,04, Sec. 30-28-16 (2601-A U.S.
19 N.
Sears Roebuck & Co./Brash
CU 90-02
Request - Outdoor Retail
Sales/Displays
Zoned - CC (Commercial Center)
2. M & B 33.05, Sec. 20-29-16 (1595 U.S.
19S.)
Brenton Reef Co./Graves
CU 90-03
Request - 4-COP SRX (On Premise
consumption of beer and
wine (NEW LICENSE)
Zoned - CC; (Commercial Center)
P & Z AGENDA
1116190
B. L APPROVED subject to:
a. The requisite building permit must be
procured within six (6) months.
b. The requisite variances be approved by
the Development Code Adjustment
Board.
B. Z APPROVED subject to:
a. The requisite occupational liccnee must
be procured within six (6) months.
m1i
C. Annexations:
1. Part Lot 3, Mosell Acres (2135 NE C. L Recommended Approval
Coachman Rd)
Eckel
A 89.22 LUP 89-14
Request - Annexation and Zoning, OL
(Limited Office)
LAND USE PLAN:
FROM: None
TO: Residential/Office
D. Master Site Plan Review and Zoning Atlas Amendment:
1. Lots 1 and 2, Sec. 6-29-16 & Sec. 7-29-16• D. L Continued this item to February 13, 1990
(Lochman's Plaza) (Located at the NW
corner of U.S. 19 & N.E. Coachman Rd.)
Principal Mutual Life Insurance/Brandon
Nu-West Clearwater, Ltd.)
Z 90-01
ZONING ATLAS
FROM: CC (Commercial Center
TO: CPD (Commercial Planned
Development)
E. Chairman's Items
F. Directoes Items
G. Board & Staff Comments
Workshop - Alcoholic Beverage Sales
`-
P & Z AGENDA 2 1/16/90
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, January 16, 1990 -1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
F?
A. Approval of minutes of October 31, 1989
Approval of minutes of November 14, 1989
CONDITIONAL USES, ANNEXATION. TONING, LAND USE PLAN AMENDMENTS, LAND
DEVEI APAVIENT CODE TEXT AMENDMENTS, AND LOCAL P LANNIRG AGENCY REVIEW.,
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
1. The Chairperson reads from the Public Hearing Notice each item as it is presented.
2. The staff report and pertinent background information are presented. - 5 minutes maximwn.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. - 5 minutes ma)imunL
6. Persons who support the application speak - 3 minutes ma-amum for each individual;
or spokesperson for group -10 minutes maximum
7. Persons who oppose the application speak - 3 minutes n"r num for each individual; or
spokesperson for group -10 minutes ma i
8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebuttal - 3 minutes maxinnuun.
10. The applicant has an opportunity for final rebuttal - 5 nninutes m mdnum
11. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCK APPEAL.
ACTION
B. Conditional Uses:
]. M & B 42.04, Sec. 30-28-16 (2601-A U.S.
19 N.
Sears Roebuck & Co./Brash
Cu 90-02
Request - Outdoor Retail
Sales/Displays
Zoned - CC (Commercial Center)
2. M & B 33.05, Sec. 20-29-16 (1595 U.S.
19S.)
Brenton Reef Co./Graves
CU 90-03
Request - 4-COP SRX (On Premise
consumption of beer and
wine (NEW LICENSE)
Zoned - CC (Commercial Center)
u
P & Z AGENDA
1
1/16/90
C. Annexations:
1. Part Lot 3, Mosell Acres (2135 NE
Coachman Rd)
Eckel
A 89-22 LUP 89-14
Request - Annexation and Zoning, OL
(Limited Office)
LAND USE PLAN:
FROM None
TO: Residential/Office
D. Master Site Plan Review and Zoning Atlas Amendment:
1. Lots 1 and 2, Sec. 6-29-16 & Sec. 7-29-16
(LoehmaVs Plaza) (Located at the NW
corner of U.S.19 & N.E. Coachman Rd.)
Principal Mutual Life Insurance/Brandon
Nu-West Clearwater, Ltd.)
Z 90-01
ZONING ATLAS
FROM CC (Commercial Center
TO: CPD (Commercial Planned
Development)
E. Chairman's Items
F. Director's Items
G. Board & Staff Comments
Workshop - Alcoholic Beverage Sales
P & Z AGENDA
2
V16/90
MINUTES
PLANNING & ZONING BOARD
TUESDAY, JANUARY 16,1990,1:30 PM
Members Present: Chairman Johnson, Ms. Nixon, Messrs. Mazur, Schwob, Ferrell, Green, and Hamilton
(arrived 1:35 p.m.)
Also Present: M. A. Galbraith, City Attorney
A. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to approve the minutes of the October 31, 1989
and November 14, 1989 meetings as written. Motion carried unanimously (6 to 0).
Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by
a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date 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 record of the proceedings to support the appeal.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. Conditional Uses:
1. M & B 42.04, Sec. 30-28-16 (2601-A U.S.19 N.)
Sears Roebuck & Co./Brash
CU 90-02
Request - Outdoor Retail Sales/Displays
Zoned - CC (Commercial Center)
Mr. Polatty presented the background of the case and submitted, in writing, the staff recommendations. He
stated one letter of objection was received. In regard to the Traffic Engineer's comments, Mr. Polatty explained
the uses of the center and it appears the applicant will still meet Code requirements.
Mr. Donald Brash, Manager of Visual Sales for Sears, advised the Garden Shop has been discontinued due to
traffic problems and that the request is to relocate the Garden Shop from the main store to the Auto Center
which would make it attractive rather than an eyesore, In response to a question by Mr. Schwob, Mr. Brash
±,f explained the Garden Shop would be a screened enclosure.
No persons appeared in support of or in opposition to the above request,
Motion was made by Mr. Schwob and seconded by Mr. Ferrell to approve this request with staff s
recommendation that the approval be subject to:. (1) the requisite building permit beinjg obtained within six (6)
months, and. (2) the requisite variances be approved by the Development Code Adjustment Board. Motion
carried unanimously (7 to 0).
2. M & B 33.05, Sec. 20-29-16 (1595 U.S. 19 S.)
Brenton Reef Co./Graves
CU 90-03
Request - 4-COP SRX (On Premise consumption of beer and ovine (NEW LICENSE)
Zoned - CC (Commercial Center)
Mr. Polatty presented the background of the case and submitted, in writing, the staff recommendations.
Gregory Stinson, Operations Manager, Brenton Reef Company, stated their Sarasota restaurant currently
maintains 76% food sales and 24% alcoholic beverage sales. He advised that $2,000,000 has been invested in
remodeling and there would not be any live entertainment.
Paul Graves, owner, stated they will be putting an abandoned building back in service, adding a deck and
extensive remodeling.
No persons appeared in support of or in opposition to the above request,
Motion was made by Mr. Schwob and seconded by Mr. Hamilton to approve this request with staffs
recommendation that the approval be subject to the requisite occupational license being obtained within six (6)
months. Motion carried unanimously (7 to 0).
P & Z MINUTES 1 1/16/90
C. Annexations:
1. Part Lot 3, Mosell Acres (2135 NE Coachman Rd)
Eckel
A 89-22 LUP 89-14
Request - Annexation and Zoning, OL (Limited Office)
LAND USE PLAN:
FROM: None
TO: Residential/Office
Mr. Polatty presented the background of the case and submitted, in writing, the staff recommendations,
Mr. Johnson questioned whether or not this item should be continued due to the applicant's absence at this
hearing. Discussion ensued and it was determined items of this type are often approved without the applicant
being present.
The applicant was not present, and no persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton and seconded by Mr. Green to approve this request. Motion carried
unanimously Q to 0).
D. Master Site Plan Review and Zoning Atlas Amendment:
1. Lots 1 and 2, Sec. 6.29-16 & Sec. 7-29-16
(Loehman's Plaza) (Located at the NW corner
of U.S.19 & N.E. Coachman Rd.)
Principal Mutual Life Insurance/
Brandon Nu-West Clearwater, Ltd.)
Z 90-01
ZONING ATLAS
FROM: CC (Commercial Center
TO: CPD (Commercial Planned Development)
Mr. Polatty reviewed with the Board the above request and advised this item is to be continued.
Motion was made by Mr. Schwob and seconded by Mr. Ferrell to continue this item to the meeting of February
13, 1990. Motion carried unanimously (7 to 0).
E. Chairman's Items
Mr. Johnson stated that the applicant's presence shall be determined before an item is presented or discussed,
F. Director's Items - None
G. Board & Staff Comments
Mr. Hamilton commented he felt that there is a need to have the Board's minutes provided to the Board
members much faster.
Workshop - Alcoholic Beverage Sales
Mr. Richter presented maps which identifies locations of all alcoholic beverage establishments in the City of
Clearwater. „
P & Z MINUTES
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1/16/90
Ei
In discussion many concerns were addressed which include the following: purchasing gasoline and alcoholic
beverages at the same location; the sale of single servings of alcoholic beverages with gasoline; and the Board's
ability to deny alcoholic beverage conditional use requests.
Mr. Galbraith advised it would be difficult to defend a denial or a condition to not sell alcohol and gasoline at
the same location, as there is no data to support that there is direct link to purchasing alcohol at an establishment
that sells gasoline and alcohol to drunk driving.
Mr. Galbraith made the following recommendations to the Board: (1) The current Clearwater Code's only
zoning district that does not allow the sale of alcoholic beverages is residential; in all other zoning districts it is
permissible as a conditional use. There should be consideration made to change the zoning district regulations.
(2) Reconsideration of a fixed separation distance requirement with the elimination of variances should be made.
Mr. Mazur felt a special meeting to discuss this issue should be scheduled so that deliberations would not be
rushed.
Meeting adjourned at 3:30 p.m.
1-?= - h P ui?,- ?h
Jam M. Polatty, Jr., CP, Director
Planming and Development Department
L; '47
P & Z MINUTES
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1/16/90