03/13/1990 (2)
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ACTION
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, MARCH 13, 1990 - 1:30 PM
I,
PLEDGE OF ALLEGIANCE
INVOCATION
ITBM
A. Approval of minutes of February 27, 1990
ACI10N
Approved
CONDmONAL 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
CONDmONAL USE REQUESTS IS GIVEN UNDER OATH.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
The Chairperson reads from the Public Hearing Notice each item as it is presented.
The staff report and pertinent background information are presented. - 5 minutes maximum.
Staff presents any supporting written documents.
Staff presents any opposing written documents.
The applicant or hiS representativc prescnts his case. ~ 5 minutes maximum.
Persons who support tlie application speak - 3 minutes nuaimum for each individual;
or spokesperson for gronp - 10 minutes manmum.
Persons wlJO oppose the application spcak - 3 minutes maximum for each individual; or
spokesperson for group w 10 minutes 11lBXimum. .
Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
Persons opposing may speak in rebuttal - 3 minutes maximum.
The applicant has an opportunity for final rebuttal - 5 minutes maximum.
Public Hearings are closed.
Discussion by the Board.
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.
Lot 1, South Oaks Fashion Square
(1500 A-5 McMullen-Booth Road)
Clearwater Marketplace Partnership
(Le Fourneau St. Philippe) .
Richard J. Stewart, Jr.
CU 90-15
Approved subject to the following conditions:
a) The 8{'plicant procure 4 COP SRX liquor
license Wlthin sUe (6) months, and
b) A building rmit must be procured within
SIX (6) months ~m the date of this hearing.
2.
Request - 4-COP SRX (On Prcmise
consumption of beer, winc and liquor
(NEW LICENSE)
Zoned - IPD (Industrial Planned
Development)
M&B 22.01, Sec. 17-29-15, Lots 1-5,
Blk. C, Bayside Sub. #5
(601 S. Gu1fvicw Blvd.)
William M. Shephard (Lagoon Resort
Motel, Inc., d/b/a Shephard's
Restauranl/GulI Fun, Inc.)/PagelHollins
CU 90.16
1, T.'" f' P 1 V E 1)
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DENIED
Request. To pennit rcntal of 2
catamaran sailboats and 4-10
waverunners.
MAR 14 1990
Zoned - CR.28 (Resort Commercial
ft1\\'cnty-Eighn, OS/R (Open
Space/Recreation), and
AVC (Aquatic lands/Coastal)
._.j 1,/~
CrL"'{ C1..~.ll.'-
P & Z AGENDA .
1
3/13/90
3.
Lot 41, Blk. A, Barbour Morrow
(432 Poinsettia Avenue)
Franco Iocolano/Nancy Bock/Pressman
CU 90-17
Request - Oumgc of Conditions!
Outdoor Commercial Recreation!
Entertainment (Bicycle and RoUer
Skate Rental)
Zoned - CB (Beach Commercial)
Lot 111 and part of Lot 1l2.
Lloyd While Skinner Sub
(326 Coronado Drive)
Kevin WitcombcIHnsenfus
CU 90-18
4.
5.
Request - To permit business!
professional office
Zoned - CR-28 (Resort Commercial
"Twenty-Eight") .
Lot 19 and part of Lot 18,
Bluff View Sub (326-328 Jeffords
Street)
Hunter Blood Center, IncJMarquardt
CU 90-19
Req1;Jest - To permit noncommercial
parkmg ,
Zoned - OL (Limited Office)
C. Annexation, Zoning, Land Use Plan
Amendment.. Land Development Code Text
Amendment and Local Planning Agencv
Review:
1.
Continued from February Zlt 1990
Lots 8 and 9, Blk. G, Snlrs Sub.
Located at the Northeast Corner at the
Intersection of South Missouri Avenue
and BeUcair Road (Lazzara Family
Partnership)
A 90-01, LUP 90.01
Annexation and Zoning, CG
(General Commercial)
LAND USE PLAN:
FROM: None
TO: Commercial/l'ourist
Facilities
Request -
E. Chairman's Items
F. Director's Items
G. Board & Staff Comments
P &. Z AGENDA
DENIED
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Approved subject to the r~uisitc occupational
license being obtained within six (6) months of
this bearing.
Continued t~ April 17, 1990
Approved
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2
3/13/90
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AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, MARCH 13,1990 -1:30PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
ACI'lON
A. Approval of minutes of February 27, 1990
CONDmONAL USES. ANNEXATION. ZONING. LAND USE PL~ AMENDMENTS. LAND
DEVEWPMENT CODE TEXT AMENDMENTS. AND LOCAL PlANNING AGENCY REVlEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDmONAL USE REQUESTS IS GIVEN UNDER OATH.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
The Ch~erson reads from the Public Hearing Notice each item as it is presented.
The staff report and pertinent background information are presented. - 5 tninutes ll)aYimUIIL
Staff presents any supporting written documents.
Staff presents any opposing written documents.
The applicant or his representative presents his case. - 5 minlltes maximum.
Persons who support tlie application speak - 3 minutes ma.,nmum for each individllal;
or spokesperson for group - 10 minutes maYimum.
Persons who oppose the application speak - 3 minutes m:nrimum for each individual; or
spokesperson for group - 10 minutes m:ncimmn.
Persons supporting the application (other than applicant) may speak in rebuttal. 3 minutes
1'l)anmum.
Persons opposing may speak in rebuttal - 3 minutes rnaYimum,
The applicant has an opportunity for final rebuttal - 5 minlltes maximum.
Public Hearin~ are closed.
Discussion by the Board.
The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
( '. MUST HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
...,.
E. Conditional Uses:
1. Lot 1, South Oaks Fashion Square
(1500 A-5 McMullen-Booth Road)
Clearwater Marketpl,ace Partnership
(Le Fourneau St. Philippe)
:Richard J. Stewart, Jr.
CU 90-15
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Request - 4.COP SRX (On Premise
consumption of beer, wine and liquor
(NEW liCENSE)
Zoned - IPD (Industrial Planned
Development)
2. M&B 22.01, Sec. 17-29-15, Lots 1-5,
Elk. C, Bayside Sub. #5
(601 S. Gu1fview Blvd.)
William M. Shephard (Lagoon Resort
Motel, Inc., d/b/a Shephard's
RestaurantJGulf Funt Inc.)/PagelHollins
CU 90-16
Request - To permit rental of 2
catamaran sailboats and 4-10
waverunners.
Zoned - CR-28 (Resort Commercial
"Twenty-Eight"),OSIR (Open
SpacelRecreation), and
ALIC (Aquatic lands/Coastal)
P & Z AGENDA
1
3/13190
1.
Continued from February Zl, 1990
Lots 8 and 9, Elk. G, Sall's Sub.
Located at the Northeast Corner at the
Intersection of South Missouri Avenue
and Belleair Road (Lazzara Family
Partnership)
A 90-01, LUP, 90-01
3. Lot 41, Blk. A, Barbour Morrow
(432 Poinsettia Avenue)
Franco Iocolano/Nancy Bock!Pressman
CU 90-17
#.
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,
4.
Request - Change of ConditiomV
Outdoor Commercial Recreation!
Entertainment (Bicycle and Roller
Skate Rental)
Zoned - CB (Beach Commercial)
Lot 111 and part of Lot 112,
Lloyd White Skinner Sub
(326 Coronado Drive)
Kevin WitcombelHasenfus
CU 90-18
5.
Reque~t - To permit business!
professIOnal office
Zoned - CR-28 (Resort Commercial
"Twenty-Eight")
Lot 19 and part of Lot 18,
Bluff View Sub (326-328 Jeffords
Street)
Hunter Blood Center, Inc./Marquardt
CU 90-19
(" "
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Reql}est - To permit noncommercial
parking
Zoned - OL (Limited Office)
c. Annexation. Zoning. Land Use Plan
Amendment. Land Development Code Text
Amen~ and Local PJiiiiiiin~ ~cy
Review:
Request -
Annexation and Zoning, CG
(General Commercial)
LAND USE PIAN:
FROM: None
TO: Commercial/l'ourist
Facilities
E. Chairman's Items
F. Director's Items
G. Board & Staff Comments
P & Z AGENDA
2
3/13/90
MlNUTES
PLANNING & ZONING BOARD
TUESDA Yt MARCH 13, 1990t 1:30 PM
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Members Present:
Ch.airman Johnson, Messrs. Mazur, Schwob, Ferrell (arrived 1:35 PM), Hamilton and
Gans.
Members Absent:
Ms. Nixon (excused)
Also Present:
Jaxnes M. Polatty, Jr't Director of Planning and Development
Soott Shuford, Planning Manager
A. Motion was made by Mr. Hamilton, seconded by Mr. Mazur, to approve tbe minutes of the February 27,
1990 meeting as written. Motion carried unanimously (5 to 0).
Chairman Johnson outlined the procedures for conditional uses and advised tbat 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 throu.gh the City Clerk's Office, Florida Law requires any party appealing a decision of
this Board to have a record of tbe proceedings to support the appeal.
ITEMS ARE USTED IN AGENDA OlIDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. Conditional Uses:
1.
Lot 1, South Oaks Fashion Square
(1500 A-S McMullen-Booth Road)
Clearwater Marketplace Partnership
(Le Fourneau St. Philippe)
Richard J. Stewart, Jr.
CD 90-15
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Request - 4-COP SRX (On Premise
consumption of beer, wine and liquor
(NEW LICENSE)
Zoned - IPD (Industrial Planned
Development)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Richard J. Stewart, Jr.~ 1724 Owen Drive, representing the applicant stated that the request is for a
French/Eelgium style restaurant with 225 seats, serving buffet style dinner followed by a variety showt followed
by music and dancing to a variety dance band and will cater to the 30 to 55 age group.
Mr. Peter DiMaria, Zl05 Countryside Blvd., tbe landlord of this establishment, stated he is in favor of the
applicant's request. This restaurant is different concept and it is a family oriented operation. He asked that the
Board approve this request.
Discussion ensued with Board members expressing concerns regarding a saturation of alcoholic beverage
establishments in this shopping center, Mr. Hamilton felt this should be addressed in the Board's upcoming
Alcoholic Beverage Workshop.
Motion was made by Mr. Schwob, secon.ded by Mr. Ferrell, to approve this request subject to: 1) the applicant
must procure 4 COP SRX liqnor license within six (6) months, and (2) a building permit must be procured
within six (6) months from tbe date of this hearing. Motion carried unanimously (6 to 0).
2.
M&B 22.01, See, 17-29-15, Lots 1-5,
Blk. C, Bayside Sub. #5
(601 S. Gulfyiew Blvd.)
William M. She])hard (Lagoon Resort
Motel, Inc., d/b/a Shephard's
Restaurant/Gulf Fun, Inc.)/PagelHollins
CU 90-16
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P & Z MINUTES
1
3/13/90
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Zoned - CR-28 (Resort Commercial
"Twenty-Eighe'), OSIR (Open
SpacelRecreation), and
AL/C (Aquatic lands/Coastal)
Request - To permit rental of 2
catamaran sailboats and 4-10
waverunners.
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Ms. Vicki Paget 315 Hyde Park Drive, Tampa, attorney representing the applicant, stated this request will be of
great benefit to the City as it promotes tourism. Ms. Page presented a large chart showing the area of operation
proposed for these watercraft. She explained this operation will provide supervision in the form of a safety boat
in the water enforcing safety rilles with violators being brought back in and their deposit forfeited. Also, each
waverunner rented will be escorted to the area designated for this use.
Mr. Noel D. Woods, 640 So. Bayway Blvd, stated he is in favor of approving this request, as tourism ill the life
of the beach. He felt these machines make very little wake and no noise and should not be any problem and
would only allow the tourists to better enjoy Clearwater.
Mr. Ronald M. Hollins, the applicant, stated there will be a safety unit in the water at all times that rented
watercraft are in the water. The minimum age requirement will be 16 years of age. A video of proper operation
of the watercraft will be shown to renters. All renters will be escorted in and out to the proposed use area. The
safety boat will be in constant radio contact with thc rental store. Mr. Hollins felt all measures to ensure the
safety of the renters and swimmers have been taken and will be enforced.
In opoosition the following persons appeared:
(:.
Mr. Fred Nassif, 675 South GuIfview Blvd., stated he lives on the beach and is mainly concerned with the
waverunners and the potential for accidents they will cause. He felt 2 catamaran sailboats on the beach will take
up space that should be for use by the public. He added that no matter how closely supervised they will be, the
waverunners still are a danger to swimmers and children and this request should be denied.
Mrs. Janet Nassif, 675 South GuHview Blvd., expressed several concerns about the information provided on the
conditional use application by the applicant including the following: the only 2 residential properties on the south.
beach were omitted from the chart, making reference to a "hassle free and community accepted activityU, and the
marking off their operation area would create a private water corridor. Mrs. Nassif stated this operation has the
potential for a disaster and the application should be denied.
Ms. Barbara Barber, 675 South GuIfview Blvd., stated concern for the safety of the children as 3 days ago 2
waverunners came dangerously close to the shore. Ms. Barber heard screaming and saw the waverunner
operators "buzzing" teenagers on an air mattress. She felt this could have been a very dangerous situation due
to the strong current if they had fallen off. These machines come too close to the shore and are dangerous to
the public and this request should be denied,
Mr. William Barber, 675 South Gulfview Blvd., stated that yesterday he had observed a waverunner operator in
attempting to watch the spray created by the machine, was sitting on it backwards, not watching where he was
going and ended up straight onto the beach, missing 5 children by 2 feet, traveling at least 10 feet up on the
beach. These machines arc very dangerous and application should be dcnied.
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Mr. Peter ZhUD, president of Continental Towers Association, stated he appeared before this Board several
months ago to speak against a similar application. He stated this Board is a president setter and that if this
application is approved, certainly other similar applications will follow all along the beach. He expressed concern
about the noise factor and felt this is a nuisance in general and that this request should be denied so that the
beach will be free from further pollution of vehicles.
Mr. Samuel Vazquel; 8755 Magnolia Drive, Seminole, the property manager at 440 West Condominiums,
presented a petition in opposition (attached). He stated the 440 West Condominiums Board of Directors,
representing 236 units, instructed him to speak to the Board expressing the residents' fear of accidents and noise
and are strongly opposed to this request.
P & Z MINUTES
2
3/13/90
Motion was made by Mr. Mazur, seconded by Mr. Hamilton to deny tltis request as it is does not nleet the
Standards of Approval of the Land Development Code Section 137.011 (d) (4)-(6) which states as follows:
,!"..i.'
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Mr. Bill Held, Harbor Master for the City of Clearwater, reported that he had met today with the Marine
Advisory Board and was asked to express their opposition to this request. Their objection is based on heavy boat
congestion in Clearwater Pass and the safety problems they feel will occur with these vessels. Mr. Held also
advised he reviewed this application with the Police Marine Enforcement Unit and they indicated that they
oppose this request for the same reasons. Mr, Held advised he had met with Mr. Hollins and assured him that
the he would look carefully into this matter. Mr. Held stated he visited the site several times, observing the
beach and the boats operating in Clearwater Pass. In response to a question by Mr. Schwab, Mr. Held felt that
the State and Federal would not authorize buoys to mark off another private water corridor. Mr. Held
recommended the Board deny this request.
In rebuttal, Mr. Noel Woods, stated in support of this request that he felt that the waverunners causing the
problems are privately owned. He stated the waverunners are boats and licensed by the State of Florida and that
jet skis are not.
Mr. Held, in response to Mr. Woods comment, advised that jet skis are required to be licensed.
In rebuttal, the applicant, Mr. Ronald Hollins, stated that he appreciates the concerns of the Continental Towers
residents, as safety is an important concern. Mr. Hollins stated that the waverunner is a boat, and provided a
brochure for examination by the Board members. He felt the reckless riders mentioned were not supervised
aud were probably not renters. The rental units will not be operating in the channel but in the open waters
where there are many boats. All rental units will be escorted in and out by Gulf Fun employees. In regard to
the noise problemt he felt the waverunners make considerably less noise than the boats in the area. In regard
to the Hobie Cats, he provided a picture for the Board's examination and explained that they are a new type of
Hobie Cat that is controlled with a joystick and that you do not have to be sailor to operate one safely. In
response to a question by Mr. Mazur, Mr. Hollins advised if necessary he will have these vessels towed in and
out if that is a concern of the Board. In regard to the buoys, Mr. Hollins responded that they will be placed to
mark their operational base, rather than the area of operation of the watercraft. Mr. Hollins added that there
are no swimmers or beach area to the .right of the jetty where the rental vessels will go in off the shore.
{~:.
Discussion ensued in which Board members expressing concerns including the recomruendation by tIle Marine
Advisory Board and Harbonnaster, the area being posted "danger" and warnings signs of a strong current) the
danger of being close to swimming areas, and the area proposed for escorting these watercraft being extremely
dangerous.
(4) The use shall be consistent with the community welfare und not detract Croiu the public's
convenience at the specific location.
(5) The use shall not unduly decrease the value of neighboring property.
(6) The use shall be compatible with the surrounding area and not impose an excessive burden or have
a substantial negative impact on surrounding or adjacent uses or on cOiumunity facilities or services.
Request - Change of Condition.ev'
Outdoor Commercial Recreation/
Entertainment (Bicycle and Roller
Skate Rental)
Motion carried unanimously (6 to 0).
3. Lot 41, Blk. A, Barbour Morrow
(432 Poinsettia Avenue)
Franco IocoianofNancy BocklPressman
CU 90-17
Zoned - eB (Beach Commercial)
{
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Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and advised
that no correspondence was received in support or opposition to this request.
P & Z MINUTES
3
3/13/90
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Discussion ensued with the Board members expressing concern whether this request for a change of condition
should be brought to this Board rather than through filing an appeal. Mr. Shuford advised this request is being
heard today due to the applicant stating there is new information to be presented. Mr. Shuford stated that staff
is also concerned about the potential of applicants coming back so soon having had the matter heard by the
Board and will be looking into providing requirements in the ordinance to perhaps require 6 to 9 months before
a request can be reheard. Mr. Polatty stated that an amendment to the Land Development Code is needed to
address this issue, but as the Code stands it is allowed to be reheard today.
Mr. Todd Pres.cm1an, 12807 W. Hillsborough Avenue, Tampa, representung the applicant, stated the reason this
request is being brought back before this Board is to reconsider the condition placed on the conditional use
approval prohibiting roller skates. The applicant is requesting a short term trial period of 2 weeks to 1 month
allowing roller skate rental. Rental of skates will be to minimum age of 18 or must have consent of parents,
a $25 deposit will be required which will be non-refundable if any problems occur or rental rilles are broken,
persons renting skates must demonstrate a reasonable skill on the skates, no rentals after dusk, skates will be
color coded for easy identification, and safety pads and helmets will be provided and encouraged. Mr. Pressman
stated a similar business has been very successful in Ft. Myers Beach, FL, and presented letter from the Beach
Cycle and Repair owners for the Boardts examination.
In opposition, Mr. Vmcent Stona, Jr., stated that he is against this request as he had proposed to rent this same
space with the intention of establishing a similar business with bicycle rentals. Mr. IIlacano had convinced him
that this activity at this location would not be acceptable due to the sidewalk problem. Mr. Stona felt when bikes
are returned at the end of the day, llOW can it be avoided placing them on the side\Vall{ causing congestion and
other problems.
In rebuttal, Mr. Pressm~m in response to Mr. Stona's comments that it was stipulated as one of the conditions
of approval that all bicycles be stored inside.
Nancy B~ 1826 Sunset Point Road, the applican~ stated she felt that skating on the causeway is an enjoyable
activity in a safe place and that she is willing to comply with any guidelines the Board decides are necessary. Ms.
Bock stated that she is only asking for a brief trail period and if any problems occur, the operation would be shut
down.
Discussion ensued with Board members expressing concerns including heavy traffic in the area and that skating
&. ... would add to the heavily congested sidewalks,
't"I,,{,~
Motion was made by Mr. Schwob, seconded by Mr. Mazur to deny this request as it is does not meet the
Standards of Approval of the Land Development Code Section 137.011(d)(4)-(6) \vhich states as follows:
(4) The use shall be consistent with the community welfare and not detract from the public's
convenience at the specific location.
(5) The use shall not unduly decrease the value of neighboring property,
(6) The use shall be compatible with tlle surrounding area and not impose an excessive burden or have
a substantial negative impact on surrounding or adjacent uses or on community facilities or services.
Motion carried unanimously (6 to 0).
4. Lot 111 and part of Lot 112,
Lloyd White Skinner Sub
(326 Coronado Drive)
Kevin Witcombe/Hasenflls
CD 90-18
Request - To permit business!
professional office
Zoned - CR-28 (Resort Commercial
"Twenty-Eight")
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Mr. Shuford gave the background of the case and submittedt in writing, the staff rccommendationt and advised
that no correspondence was received in support or opposition to this request.
P & Z MINUTES
4
3/13/90
Request - To permit noncommercial
parking
Zoned. OL (Limited Office)
Mr. Keith Wncombe, 326 Coronado Drive, stated his request to convert an apartment on the side of his building
which is too small for living quarters, to a small real estate office.
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In sUPp<Jrt, Mr. Donald Hasenfus, 321 Coronado Drive, stated his residence is across the street from the
proposed real estate office and that he is in favor of this request.
Motion was made by Mr. Sehwobt and seconded by Mr. Hamilton to approve this request subject to the requisite
occupational license must be obtained within six (6) months of this hearing. Motion carried unanimously (6 to
0).
5. Lot 19 and part of Lot 18,
Bluff View Sub (326-328 Jeffords
Street)
Hunter Blood Center, Ine./Marquardt
CU 90-19
Mr. Johnson advised a letter from the applicant had been received requesting to continue this item until the
meeting of April 17, 1990.
Motion was made by Mr, Hamilton, and seconded by Mr, Schwob to continue this item to the April 17, 1990
meeting. Motion carried unanimously (6 to 0).
C. Annexation. Zonine;. Land Use Plan Amendment. L'md Development Code Text Amendment. and Local
Pbnninp: AS!encv Review:
1.
Continued from February Zlt 1990
Lots 8 and 9, Blk. G, Sall's Sub.
Located at the Northeast Corner at the
Intersection of South Missouri Avenue
and BelleaU Road (Lazzara Family
Partnership)
A 90-01, LUP 90-01
err :':;
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<',1'"
Request - Annexation and Zoning, CG (General Commercial)
LAND USE PLAN:
FROM: None
TO: Commercial!Tourist
Facilities
Mr. Polatty gave the' background of the case and subm.itted~ in writing, the staff recommendation.
Mr. Mazur excused himself from this item, due to conflict of interest.
l
Mr. Curtis DeYoung, applicant, stated that the intent is to build a Checkers Restaurant at this location and that
there as been a considerable amount of confusion between the City of Clearwater, his firm, and Pinellas County
in regard to redeveloping this site. He stated that much earlier the City of Clearwater had advised that water
and sewer service would be made available as this was within their service area. There was confusion with staff
as to what was required to accomplish this. Before it was made known to his Hrm that sewer would not be
available, a building permit was being procured from Pinellas County. The plans for Checkers meets County
requirements and also meets City of Clearwater landscaping and front yard green space Code requirements. The
only requirement this plan does not meet by City standards is the side yard setback and that a minor variance
would be required if developed under the City of Clearwater Code. Mr. DeYoung stated that they had been
advised by the City Conunission they will not be required to meet City Codes and it is their intent to build under
Pinellas County regulations and obtain their certifIcate of occupancy from them.
No persons appeared in support of or in opposition to th.e above request.
P & Z MINUTES
5
3/13/90
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Meeting adjourned 4:00 PM.
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Motion was made by Mr. Schwob, and seconded by Mr. Ferrell to approve this request. Motion carried 4 to 1
(with Mr. Gans voting "nay").
E. Chairman's Items
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Mr. Johnson welcomed Mr. Otto Gans as a new member to the Board.
Mr. Johnson advised the appeal made by the City Attorney on Maguire v. City was denied and that the City
Attorney will be taking this to court.
F. Director's Items
Mr. Polatty discussed the upcoming Land Development Code Amendments; staff vacancies; and the alcoholic
beverage workshop. Mr. Polatty suggested the workshop be held after a meeting, and after discussion by the
Board it was decided to have this workshop after the April 3rd meeting.
G. Board & Staff Comments
Mr. Schwob questioned if while the Board is considering a conditional use that would require a separation
variance being granted by the City Commission, whether or not the variance should be a factor in the Board's
decision. Discussion ensued in which Mr. Polatty felt the distance variance should be included, but not the only
factor considered. However, since there is confusion on this matter the City Attorney will be invited to the next
meeting to address this issue.
Mr. Hamilton questioned the Board's position in cases where denial is voted on a conditional use request Vlhen
the staff has stated in writing, IIstaff recommends APPRO VAL, as it supports the standards for approval...". Mr.
Polatty responded that the staff report is a recommendation, and that the purpose of the public hearing is to
gather other data, and that the reasons for denial should be clearly stated in motions made by this Board. Mr.
Hamilton felt the wording should be changed to perhaps IIPrior to public hearing, staff recommends approval
because it appears to meet the standards...1I in order to make the decision defendable. Mr. Polatty responded
staff will take this under advisement.
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. Polatty, Jr., AICP, Director
d Development Department
James
Plannin
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P & Z MINUTES
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3/13/90
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March 9, 1990
PLANNING AND ZONING BOARD
CITY OF CLEARWATER
,P.O. Box 4748
Clearwater, FL 34618
Dear Board Meniliers:
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We, the undersigned owners/lessees at 440 WEST Condominiums,
STRONGLY OPPOSE the request by Shephard's to operate a
waverunner rental service. This prof~t-making enterprise
will contribute nothing more to Clearwater Beach than
excessive noise, needless waterway congestion, and serious
potential hazard to any swimmers in the area. Board approval
will open the door to additional, similar operations on the
Beach in the future.
We respectfully request that the Board deny this application.
Please protect South Clearwater Beac,h from conunerical
interests that will further detract from beach living.
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.~ . ON CLEAAWATEA ...."
BEACH
March 9, 1990
PLANNING AND ZONING BOARD
CITY OF CLE:l\RWA'l'ER
P .0. Box 474 8
'Clearwater, FL 34618
Dear Board Members:
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We, the undersigned owners/lessees at 440 WEST Condominiums,
STRONGLY OPPOSE the request by Shephard's to operate a
waverunner rental service. This profit-making enterprise
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will contribute nothing more to Clearwater Beach than
excessive noise, needless waterway congestion, and serious
potential hazard to any swimmers in the area. Board approval
will open the door to additional, similar operations on the
Beach in the future.
We respectfully request that the Board deny this application.
Please protect South Clearwater Beach from cornmerical
interests that will' furcher detract from beach living.
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,~ ON CLEARWATER
BEACH
March 9, 1990
PLANNING AND ZONING BOARD
CITY OF CLEARWATER
,P.O. Box 4748
'Clearwater, FL 34618
Dear Board Members:
. (e',.
~~......,.
We, the undersigned owners/lessees at 440 WEST Condomi.niums,
STRONGLY OPPOSE the request by Shephard's to operate a
waverunner rental service. This prof~t-making enterprise
will contribute nothing more to Clear~ater Beach than
excessive noise, needless water~ay congestion, and serious
potential hazard to any swimmers in the area. Board approval
will open the door to additionaL, similar operations on the
Beach in the future.
We respectfully request that the Board deny this application.
Please protect South Clearwater Beach from commerical
interests that will further detract from beach living.
l_
450 S~ GULFVIEW BOULEVARD I CLEARWA lER BEACH. FLORIDA 34630 I PHC?~gJ~.l,3 ,4
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBl~9~FICER~_
l^H NM,.,E=riltsr NM.l'=-MIlJllLl: NM.IE NAME 01' (lO"ItI>, COUNCil., COMMISSION. Mil 1I0RIT Y, OR COMMl11 f:E
.MAz./;/L . Gfll,l1f'.); ;](-. _.-.EtV1J1."l~ {J."~IL(l".d
;~-:O:,\, 'Ne; ^D\)RESS . 1 liE 1l0"RU, COUI~(I, COMMISSION, All fllORI 1 Y, OR (OM"1I11 H 01'1
f . / ("} ~ WIIIl''' . SEKVl: 'S ^ UN" or:'
d.( trJ eel4 fer Y 'f!.,) -.{ 1/ r.m. N v I' "'UN' V , , OIIlU, I "!'^' WEft'"
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/ / 1/ NA~IE 01' "Ol.~rll~l.. sU,n~:.V~<;ION:
C/8,r/-//;pr .Ft.J iLe.!;4/7 ,___ Cf-'/lv)o,.:-..fc,{/
D^ I E ON Wille I VOIl: OCCUlt It u) I ~I\' l'llSIIION IS:
I: !'.I.Ee liVE
'~11-l11\'r:
WHO MUST FilE FORM 8B
This form is for me by till)' person 5crving al Ihe CO\IIlly, cil y, or otllel 10cnllclrI of govcrnmclll on all appoinlcd or elccted board,
cO\lncil, conllllission, l1ulhorilY, or cOlllll1illec. II npI11ics eql):\lIy 10 Illcmhers 0 r ndvisOl Y ~Ild nOl1<1(j";sol y hodies \vl1o are I" escnled
with a vOling conflicl of illlcICSl lIlIder Serlillll 111..JltlJ, Florid:, S(;}(lIleS, 'I he leqllilt.'Iller1IS of this law me mandnlory; nhho\Jgh
the use or Ihis ptlll kular rorm is nol requiled by la\\', you mc CIlCOlJlCl(!.cd to use il ill making lite disclosure requircd by IfI\\',
)our rc:c;poIIsibililics ,,"dcr lite law when faccd ",illt a IIIcaSlllC ill \\hich you JHI\'C a (ollllicI or /nlclcsl will \'my Rlcall)' depending
011 whether you hold all declive or appoinlivc POSilioll, 1701 lhis Icason, plcCl:>e pelY close Clllclltionlo the inslrllcliol\!': 011 Ihis form
before COll1plclirlg llle IC\'CI~e side :lIId filillg lire fOllll,
81
\:>;',..~LE.CI U) OFFlCEHS:
INSTRUCTIONS FOR COMPLIANCE WIlH SECTlOH 112.3143, FLORIDA STATUTES
A perSOIl holding d~(( ivc COtlll1 y. 1I1\lllicipal, 01 01 hCI local puhlic () r li....e t-IU S r ^ ns IA IN flOI1l \'01 illg on n IIleas," (' whie h i","cs
10 his special pti\'ale gain, Each 10c<11 officcr also is pfohibiled r III III kllCH\'illgly \'olillg 011 H lIlC<1surc which inures 10 lhc ~pcci:11
g<lin of a prillciptll (olher lhnn fI go\crlllllCIII ngellc}') hy whol\1 he i~ rClaillcd,
III eilher l'iISe, )'011 shollld disclose Ihe cOllflict:
PRIOR TO n IE VCHE BEING 'IAKEN hy publicly stalill}! 10 Ihl' assembly Ihe lIallllC 01 YOllr inlelesl illlhc I1lC;lSlIIC Oil
wldch YOIl nre abslail1ing fro III \'01 ing: and
WITHIN 15 DAYS AFTER lIlE VOlE OCCURS by l'OlIlplclillg .Hld filing lhis JOIIII \\'ilh lite pelsoll respollsible for lecording
the lI1illlllCS or lhe Illeeting, who should incorporalc Ihe 101111 ill lhc milllllcs.
AI'I'OINTEU OFFlC[I{S:
A persall holding appoinlivc COlllll)', lllullicipal, or olhel local pllbli<' office ",lUST AUS'IAII'" from vOling all a mC<1SlIre which
inlHes 10 his spccial pti"ale gain, Each 10cClI officer also is prol,ibiled lIo\l1 ktlClwingly vOlil1g 011 Cl measure which inures to lhe
sfJccial gain of a Ijr;ncipal (olhcr Ihall a go\'crllltlcnl agcllcy) by wholll he is IClnined,
A persall holding all (Ippoilllive local office olhcr\\'isc lIlay pilllicipalc ill a rnaller in which he has a cOldlicl of irllerCSl, bul I11ml
disclose the nature of lite conniel before making allY allempt 10 i11fllll'IICe Ihe decisioll by olal or wrillcll corl1l11unicalioll, ",helhcr
made by Ihe officer or at his ,'direclion.
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IF YOU INTEND TO MAJ<E ANY ATTEt\IPT '10 INFLUENCE. 'IIIE DECISION PltlOn TO TilE t-.IEETlNG AI' WHICH
THE VOTE WILL UE TAJ<EN:
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. )'0\1 ~h{)lIlt1 complrlc and rile litis form (be/Ole making allY :\llcll1pl 10 inll\lcncc Ihe decision) wil h the person responsible for
recolding the minules of the IHecling, who will illCOI porale I Ill: 101111 in Ihe lllillUlcs.
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· A copy of Ihe form should be provided irnmcdinldy 10 rhe ollacr lIIe/JlbelS of llle ogenc)',
· Thc 101111 should be re,HI publiclY:1' Ihe Illl:cling pdO! to cOlIsidcr<11ioll 01 Ihe lI1allcr in which you htlve 3 conrlicl of inleresl.
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IF YOU ~j^KE NO A1TErvll'T TO INfoLUENCE TilE OECISION EXCEPT llY DISCUSSION ^r TilE MEETING:
· YOII should disclose mally the 11.111IIe 01' )'CHlr conflicl in lhc I1Ica~"re hclOlc'il~r(idp.lliJ1g.
. · ~'tbu should complele lite fOllll A lid lile il within 15 dllY~ nrtcr the vole occurs with the 1)(1501\ re~\lQn5iblc COf recording the min\ltes
· or ,he I1Icelill~. who shollld incoq)(I1;1IC Ihe furl11 in t~IC llIillllles.
.-'" ~ DISCLOSURE OF lOC^l OFFICER'S lt~lER, 51
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: I, _UJ!.Ji:i '.a /Vler) t!__. hClcu)' di5c1osc (hal 011 ___ -'>
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will cOlne bdol e Ill)' C1l~CIICY which (check OIlC)
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l(a) A Inellsure \:llI11C(U
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~__ll1l1lcd'o III)' ~I)ccial pri\.'all' gnill; or
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:----L..::'Ultll ~d 1(1 lhe ~pC(l41 gCllIl of _______.._________________
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I lJ)' \\'holl1 I lUll retaincd,
lilY agenc)' ami (hc ""I\l/e or my illlcrc:;l in lhc measure Is ns follows:
rEIl dtid t ie~ k/l/J Ci4? 0L CLffi=1
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. ale Fil d
onCE: UNOER I'HOVISIONS ~Jr: FLOHIDA STA/"ln ES ~112.JI7 (1985). ^ rAILURE TO MAKE ANY REQUIRED
ISCLOSU HE CONSTITUTES GROUNOS FOH ANO "tA Y UE PUNISIlED By' ONE on "lORE OF THE FOllOWING:
I\IPEACIll\IENT, RE~10VI\L OR SUSPENSION FROM OFFICE OR El\IPLOYfvIENT, DEMOTION, REDUCTION IN
,.' ,r~ Y, REl'fUl\'^ND, OR ^ CIVIL PENALTY NOT TO EXCEEO $5,000,
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