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07/26/1988 MINUTES PLANNING & ZONING BOARD TUESDAY, JULY 26, 1988 - 12:30 PM Members Present: Acting Chairman Schwob, Ms. Nixon, Messrs. Ferrell, Green, and Hamilton Also Present: M. A. Galbraith, Jr., City Attorney Members Absent: Chairman Johnson and Mr. Hogan A. Motion was made by Mr. Hamilton, seconded by Ms. Nixon, to approve the minutes of the June 14, 1988 meeting as written. Motion carried unanimously (5 to 0). Ms. Harvey advised that Item B(10) Countryside Village Ltd, CU 88-58, will need to be continued because public hearing notices were not properly sent to all adjacent property owners. Ms. Harvey also advised that Items C(6) Southland Corp., C(13) Clearwater Seville, Ltd., and C(14) A.E.L. Partnership will need to be continued. Ms. Harvey stated all of the above items will be scheduled before the Planning and Zoning Board for August 16, 1988 and Items C(6), C(13), and C(14) will be heard by the City Commission on August 18, 1988. Acting Chairman Schwob 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 44.02, Sec. 02-29S-15E (1521 North Saturn Avenue) Marine Corps League/ Morris F. Dixon Detachment/Thomas R. Supulski CU 88-49 Request - 11-C (On Premise Consumption of Alcoholic Beverages) Zoned - P/SP (Public/Semi-Public) Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the Public/Semi-Public zoning district; the specific state license being applied for is an 11-C license for fraternal clubs and similar organizations; the subject property is the site of the existing Marine Corp League which desires to serve alcohol from another building on the same property; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); no variance to a separation distance is required; the Traffic Engineer had no objection; and, the Police Department saw no reason to deny license to the applicant. Ms. Harvey advised staff recommended approval subject to the following: 1) That the Certificate of Occupancy be procured within six months. Mr. Bob Pitcher, representative of applicant, advised as follows: He is the Operations Manager of the organization; the League has been in Florida since the early 1950s and in its present location for 15 years; the League is very active in the community; and, the League obtained an alcoholic beverage license 7 years ago. Mr. Pitcher stated the request is to move from one building to another which is only 100 feet from the current building. After questioning by Board members, Mr. Pitcher advised as follows: the League has been in the new building for 4 months; the League's complex has been in the subject location for 15 years with 500 members; and, alcoholic beverages will be served only in the new building. In support of the above request, the following person appeared to give his comments: Mr. Donald Eicher, 15332 West Bedford Circle, stated he has a vested interest in the property adjacent to the subject property. He stated the Marine Corp League has been a definite asset to the community. He felt the fencing and buffer shields property owners adequately. In opposition to the above request, the following person appeared to give her comments: Ms. Claire Young, 1511 Aries Lane, advised she is an adjacent property owner. She stated the building was constructed without proper permits and she was never notified of previous public hearings. She stated she does not want alcoholic beverage consumption next door and is opposed to drinking and driving. After questioning by Ms. Nixon, Ms. Young stated there is very loud noise on the weekends from 1:00 AM to 2:00 AM but during the week it is earlier. In rebuttal, Mr. Pitcher advised as follows: The operation closes at midnight all week; there are no windows on the south side of the building and the building is completely soundproofed; the League does not allow excessive drinking; the gates are locked at night; and, the League has not had a complaint in all the years its been at the location. After questioning by Board members, Mr. Pitcher advised as follows: The club is for members and guests of members only; the premises were posted with building permits from the beginning of construction; the building is several hundred feet from the south side of the property line; he is in charge as Operations Manager which includes overseeing people leaving the building; and, if necessary, the League will pay for a taxi to avoid drunk driving. Motion was made by Mr. Ferrell, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the Certificate of Occupancy be procured within 6 months. Motion carried unanimously (5 to 0). 2. Lots 1 & 2, Blk. A Fairburn Addition (1260 Engman Street) Everybody's Tabernacle/ Barbara Green CU 88-50 Request - Level III Group Care (Mobile Home Transitional Housing) Zoned - P/SP (Public/Semi-Public) AL/C (Aquatic Lands/Coastal) CN (Neighborhood Commercial) Ms. Harvey advised as follows: This is a request for a Level III Group Care Facility in the Neighborhood Commercial zoning district; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(16); the Traffic Engineer had no objections; the request is for a proposed project for housing for homeless persons; mobile homes are proposed to be used for emergency housing for families; a preliminary site plan has been reviewed by City Commission and forwarded to staff for final review, subject to approval of a conditional use and the necessary variances; and, a rezoning and Land Use Plan amendment will be heard later on in the agenda to adjust zoning. Ms. Harvey advised that staff recommended approval of the above request subject to the following: 1) That the Building permit be procured within 6 months. Ms. Barbara Green, representative of applicant, advised as follows: Everybody's Tabernacle houses 60 people daily; space is needed to place people from 3 to 6 months for training and better housing; approximately 198 adults and 25 children were turned away in June due to lack of space; and Religious Community Services will be working closely with Everybody's Tabernacle. Ms. Harvey advised that letters of support were received from the Clearwater Chief of Police, the Salvation Army, and Religious Community Services. The following persons appeared in support of the above request to give their comments: Mr. Charles Mann, 111 South Garden Avenue, Religious Community Services(RCS), advised RCS refers people to Everybody's Tabernacle. He stated the proposed program is a step forward in addressing the issue of the homeless. Chief Sid Klein, Chief of Police, City of Clearwater, advised that Everybody's Tabernacle has been in business a long time and the Police Department uses Everybody's Tabernacle as a resource. He added the proposed program will help in the problem of transitional housing. Rev. Otis Green, 1101 Fairburn, Pastor of Everybody's Tabernacle, advised the homeless used to be mostly men for which Everybody's Tabernacle has a dormitory but women with children must be turned away. He stated this is the reason for the subject request. Mr. Schwob commented that the property was well maintained and the program well run. Mr. Mike Lyles, 111 South Garden Avenue, stated the above project will provide emergency and long-term care for women with children. Ms. Nixon felt it was rewarding to see an organization working for itself to get something done. Mr. Hamilton felt the above request was an expansion of a plan that is badly needed. Motion was made by Mr. Hamilton, seconded by Mr. Green, to approve the above request subject to the following: 1) That a Building permit be procured within 6 months. Motion carried unanimously (5 to 0). 3. M&B 13.07, Sec. 17-29S-16E (2800 Gulf to Bay Boulevard) Limited Properties, Inc./ Hooters, Inc./Will Alexander, III CU 88-51 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CG (General Commercial) Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the General Commercial zoning district; the subject property is the site of an existing restaurant and lounge with a 2-COP state license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); applicant proposes an expansion and renovation prompted by DOT widening of Gulf-to-Bay; the Traffic Engineer commented there are problems with the configuration of the parking lot and the driveway at Hampton Road; the Police Department saw no reason to deny license to applicant; and, though the expansion area is located further from the residentially zoned area than is the existing building, a variance to the separation requirement is necessary because there is an expansion in the square footage of the operation. Ms. Harvey advised staff recommended approval subject to the following: 1) That the parking lot be redesigned as required by the Traffic Engineer; 2) That a variance to the separation requirement be approved by the City Commission; and, 3) That a Building permit be procured within 6 months. Mr. Will Alexander, representative of applicant, advised as follows: Applicant understood staff recommendations; and, parking is marginal and there appears to be a deficiency of one parking space for which a variance may be required. No persons appeared in support of or in opposition to the above request. Motion was made by Ms. Nixon, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the parking lot be redesigned as required by the Traffic Engineer; 2) That a variance to the separation requirement be approved by the City Commission; and, 3) That a Building permit be procured within 6 months. Motion carried unanimously (5 to 0). 4. M&Bs 21.00, 23.01, 23.02, 23.10, 23.11 & 24.05, Sec. 17-29S-16E (420 Park Place Boulevard, Suite 500) MDC Associates 81 A-Ltd./ Gulf Bay Venture/P. S. Restaurants, Inc. CU 88-52 Request - 4-COP (On Premise Consumption of Alcoholic Beverages) Zoned - OG (Office General) CC (Commercial Center) CG (General Commercial) AL/I (Aquatic Lands/Interior) Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the Commercial Center zoning district; the specific request is for a proposed change in state license designation from a 4-COP-SRX license to a 4-COP license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no objection; the Police Department saw no reason to deny license to applicant; and, no variance to the separation requirement will be required. Ms. Harvey advised that staff recommended approval subject to the following: 1) That the new alcoholic beverage license be procured within 6 months. Mr. Bob Tiller, representative of applicant, advised the state has required that the license be changed to a 4-COP. After questioning by Mr. Schwob, Mr. Tiller advised the present 4-COP-SRX license requires 51% food sales and applicant is below the 51%. He added that the operation will not change. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That the new alcoholic beverage license be procured within 6 months. Motion carried unanimously (5 to 0). 5. M&B 44.09, Sec. 21-29S-15E (1530 South Ft. Harrison Avenue) Peter Gianfilippo, John & Michael Gianfilippo/Charles Perry CU 88-53 Request - Business/Professional Office (Real Estate Office for Tourists) Zoned - CR-24 (Resort Commercial "Twenty-Four") Ms. Harvey advised as follows: This is a request for a business/professional office in the Resort Commercial "Twenty-Four" zoning district; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(5); and, the above is the site of an existing building proposed to be used as a real estate office. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the Occupational License be procured within 6 months. Atty. Charles Perry, attorney for applicant advised the subject building is being renovated for use as a real estate office and applicant is well within parking requirements. No persons appeared in support of or in opposition to the above request. Motion was made by Ms. Nixon, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That the Occupational License be procured within 6 months. Motion carried unanimously (5 to 0). 6. M&B 33.02, Sec. 28-28S-16E (2518-C McMullen Booth Road) Rutenberg Associates, Ltd./ Northwood Restaurant Corp./ Edward & Beverly Smith CU 88-54 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CC (Commercial Center) OL (Limited Office) Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the Commercial Center zoning district; the specific state license being applied for is a 2-COP state license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the subject location is the site of an existing restaurant known as Edibles; the Traffic Engineer had no objection; the Police Department saw no reason to deny license to applicant; and, no variance to the separation requirement will be required. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the alcoholic beverage license be procured within 6 months. Ms. Beverly Smith, applicant, advised as that the restaurant is open for lunch and dinner and she would like to serve beer and wine in the restaurant. After questioning by Ms. Nixon, Ms. Smith advised the previous owner had an alcoholic beverage license but in the two years Edibles has been opened, there has been no alcoholic beverage license. No persons appeared in support of or in opposition to the above request. Motion was made by Ms. Nixon, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the alcoholic beverage license be procured within 6 months. Motion carried unanimously (5 to 0). 7. Lot 5 & Part Lot 6, Blk. C, Barbour Morrow Sub. (419 East Shore Drive) Clearwater Beach Dock & Marine, Inc./ Charles A. Graff CU 88-55 Request - Marina (Boat Rental of Existing Slips) Zoned - CB (Beach Commercial) AL/C (Aquatic Lands/Coastal) Ms. Harvey advised as follows: This is a request for a marina, specifically boat rental of existing slips, located in the Aquatic Lands/Coastal zoning district adjacent to upland property zoned Beach Commercial; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(18); this is an existing dock for which commercial rental of slips is proposed; the Traffic Engineer commented that parking must be adequate; and, the Harbormaster commented that the existing dock structure is not safe and must be upgraded. Ms. Harvey stated that the required parking must be dedicated to this use. Ms. Harvey advised staff recommended approval subject to the following: 1) That the Occupational License be obtained within 6 months; 2) That the dock structure be upgraded to meet the requirements of Building Inspection and the Harbormaster; and, 3) That evidence be provided to the Traffic Engineer that parking is provided as required by Code. After questioning by Mr. Ferrell, Ms. Harvey stated the Board may include a condition that the operation would be open only during daylight hours. Mr. Roger Larson, representative of applicant, advised as follows: Arrangements have been made for refurbishing of the dock; the request is being made because of new tenants and there is no change in use; and, applicant will provide documentation required for parking. After questioning by Mr. Schwob, Mr. Larson stated the operation will be similar in nature; it will be a franchise-type operation which has stiff requirements; and, there will be no repairs or gassing of boats at the facility. In opposition to the above request, Ms. Fedor, 411 Shore Drive, stated 4 of the pilings for the subject dock are on her property, her parking is used by persons at the above location, and there are oil spills. She added that her guests complain. She stated there is a marina within walking distance of the subject property. After questioning by Ms. Nixon, Ms. Fedor stated the problems have been with the prior owner. In rebuttal, Mr. Larson stated his operation will be quiet and will consist of a lease arrangement. He stated there will be no unloading or loading of supplies and no gas in the area. He felt the problem with the pilings should be resolved between the property owner and Ms. Fedor. Mr. Ferrell stated that since the docks will need upgrading, the problem of the 4 pilings may be corrected. He felt the new tenant may be a better tenant than the tenant who previously occupied the property. Motion was made by Mr. Ferrell, seconded by Ms. Nixon, to approve the above request subject to the following: 1) That the Occupational License be obtained within 6 months; 2) That the dock structure be upgraded to meet the requirements of Building Inspection and the Harbormaster; 3) That evidence be provided to the Traffic Engineer that parking is provided as required by Code; and, 4) That hours of operation be limited to daylight hours. Motion carried unanimously (5 to 0). 8. Lots 2 through 5 and 7 through 10, Blk. A, Gunn's Addition (2086 Gulf to Bay Boulevard) SDS Investments/Emil C. Marquardt, Jr. CU 88-56 Request - 1. Outdoor Retail Sales, Displays and/or Storage AND 2. Vehicle Service Zoned - CG (General Commercial) Ms. Harvey advised as follows: These requests are for outdoor retail sales, displays and/or service and vehicle service in the General Commercial zoning district; the governing sections of the Land Development Code are Sections 136.025(b), (c)(22), and (c)(27); the Traffic Engineer had no comments; the subject property is currently used as parking by Carlisle Motors previously approved by the Planning and Zoning Board; applicant now request uses for proposed new dealership; and, a preliminary site plan has been reviewed by City Commission and authorized for final staff review pending approval of conditional uses by this Board. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the Certificate of Occupancy be procured within the time limitations of certified site plan. Atty. Emil C. Marquardt, Jr., attorney for applicant, stated the above request is an extension of a previously granted approval. After questioning by Board members, Mr. Marquardt advised as follows: Service will be limited and there will be no heavy vehicle service; there will be car detailing done; the front portion of the property will include a showroom; and, the landscape buffer is on the Carlisle Motors' side of the fence. No persons appeared in support of or in opposition to the above request. Motion was made by Mr.Ferrell, seconded by Ms. Nixon, to the above request subject to the following: 1) That the Certificate of Occupancy be procured within the time limitations of certified site plan. Motion carried unanimously (5 to 0). 9. Part Blk. A, Nall Mortonson; Lots 5 through 11, Blk. 17, Gould & Ewing Sub; and, Part M&B 11.01, Sec. 16-29S-15E (633 Drew Street) Carroll M. & Barbara S. Nall/ Michael J. Gaylor CU 88-57 Request - Temporary Building (Lumber Store) Zoned - UC[C] (Urban Center [Core]) Ms. Harvey advised as follows: This is a request for a temporary building in the Urban Center [Core] zoning district; the governing sections of the Land Development Code are Sections 136.025(b) and 136.017(d); the location is the site of an existing lumbar yard that was destroyed by fire and applicant requests approval of a temporary structure to resume business; and the Traffic Engineer had no objection. Ms. Harvey advised staff recommended approval for a period of one (1) year. Mr. Carroll Nall, applicant, advised the building was destroyed by fire on Memorial Day. He added that temporary building is requested to used until the site can be developed with a permanent structure. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, seconded by Mr. Green, to approve the use of the temporary building for a period of one (1) year. Motion carried unanimously (5 to 0). 10. Lots 5, 7 and 8 Countryside Village Square (2549 Countryside Boulevard, Suite 2) Countryside Village Ltd./Naughty's, Inc./Patricia Muscarella CU 88-58 Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CC (Commercial Center) Ms. Harvey stated that, as previously advised, the above item will need to be continued to the meeting of August 16, 1988 due to the public hearing notices not being properly sent to neighboring residences. Motion was made by Mr. Green, seconded by Mr. Hamilton, to continue the above item to the Planning and Zoning Board Meeting scheduled for August 16, 1988. Motion carried unanimously (5 to 0). 11. Lot 7, Blackburn Sub. (Vacant Land on the West Side of U.S. 19 approx. 1,300 ft. north of Sunset Point Road) Victor G. & Rose M. Valdes/ Ed Armstrong CU 88-59 Request - Outdoor Commercial Recreation/Entertainment Zoned - CH (Highway Commercial) Ms. Harvey advised as follows: This is a request for outdoor commercial recreation/entertainment in the Highway Commercial zoning district; the specific request is for a mini-golf complex; a preliminary site plan has been reviewed by the City Commission and authorized for final review by staff subject to approval of a conditional use by this Board; and, the Traffic Engineer had no objection. Ms. Harvey advised that staff recommended approval of the above request subject to the following: 1) That the Building permit be procured within the time limitations specified on the certified site plan. Atty. Ed Armstrong, attorney for applicant, advised as follows: The property is approximately 3.25 acres; the requested conditional use is in conformance with the Highway Commercial zoning and the Land Use Plan; and, U.S. Hwy. 19 is appropriate for such a use. Mr. Armstrong showed photographs of similar operations. After questioning by Ms. Nixon, Ms. Harvey advised that the site plan has not been approved and applicant will be required to meet landscaping requirements. She further explained the difficulty of maintaining a heavily wooded lot in the Highway Commercial zoning district. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Green, seconded by Ms. Nixon, to approve the above request subject to the following: 1) That the Building permit be procured within the time limitations specified on the certified site plan. Motion carried unanimously (5 to 0). 12. Lot 1, Loehman's Plaza (1730 U. S. Hwy. 19 North) Principal Mutual Life Insurance Co./ Coyotes Restaurant of Clearwater, Inc./ George Pavlick CU 88-60 Request - 4-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CC (Commercial Center) Ms. Harvey advised as follows: This is a request for on premises consumption of alcoholic beverages in the Commercial Center zoning district; the specific request is for a change in license designation from a 4-COP-SRX to a 4-COP; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the property is the site of an existing restaurant; the Traffic Engineer had no objection; the Police Department saw no reason to deny license to applicant; and, approval of variances to the separation distance will be required by the City Commission from both a residential zone and the proximity of another alcoholic beverage establishment, prompted due to the change in license designation. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the new alcoholic beverage license be approved within 6 months; and 2) That variances to the separation requirement be approved by the City Commission. Mr. Rick Pavlick, applicant, advised as follows: This a request is made to change the license designation from 4-COP-SRX to 4-COP; the operation is still open for lunch and dinner, which is part of the operation; there will be no change in the operation; the reason for the request is that it is difficult to meet the 51% food requirement; there have been no problems since the operation has been open; there is no direct access to a residential area; there was a 4-COP license at this location previously and Coyote's has been promoting food sales by running specials; and, Coyote's is a member of the Chamber of Commerce and has been involved in the community. After questioning by Mr. Schwob, Mr. Pavlick stated Coyote's does have live entertainment but the live entertainment is top 40 hits not rock music or dance music. He added there has been no problem with noise as the building is very well insulated. Ms. Nixon commented that she had visited the establishment and felt the reason applicant was having trouble meeting the food requirement was because there was too much distraction and noise. She stated her visit was made on a Sunday afternoon about 5:30 PM to hear a Raggae band, but the band, two televisions, video machines, and people screaming made eating difficult. Mr. Hamilton suggested that may be why the request for change in license designation was made. In opposition to the above request, Don Ostergard, Mutual Life Insurance Company, on-site representative of property owner, stated there was a misunderstanding in reviewing the documentation that the owners of the lounge brought the information to him to sign to agree to appear before this Board, he does not have the authority without contacting the property owner to give support to or authorize the above request. He stated since that time the property owner notified him that Mutual Life is opposed to the above request. He stated the establishment, under the terms of the lease, is for a restaurant that is allowed to sell alcoholic beverages. He read and submitted a letter of nonsupport from the Commercial Real Estate Representative of Principal Mutual Life Insurance Company (see attached). He stated there is another tenant with a 4-COP license on the property and though there is nothing that can be done about that operation, Mutual Life felt it was not in the best interest of the property to have another 4-COP operation. He advised the location is on the interior of the property. After questioning by Mr. Schwob, Mr. Ostergard stated Mutual Life has been the new owners of the Shopping Center since May, 1988. After questioning by Mr. Green, Mr. Galbraith stated the Code requires the property owner to join the application. After questioning by Mr. Hamilton, Mr. Ostergard stated applicant requested he sign the appropriate form so that applicant could get the application filed with the City in a timely manner. He also stated he advised applicant that he would be required to forward a copy of the documents to the legal counsel in the home office. He further stated applicant assured him that the form was simply a notice that he would appear as the landlord and the form was neither to confirm nor deny the property owner's position on the request. Mr. Ostergard stated applicant further advised that time was of the essence and if submission of the form was delayed it would cause the action on this request to be further delayed. Mr. Ostergard stated that in good faith with the applicant, not knowing what the legal counsel would represent, he signed the form after explaining to the home office that what he was signing was a form agreeing that Mr. Ostergard would appear before this Board. He added he did not agree to support the change in license designation. After questioning by Mr. Galbraith, Mr. Ostergard advised the form states that he authorized himself to appear before this Board for the change of license designation but no where in the form does it state that he supports the change in license designation. He added the form only states that he will appear. Mr. Galbraith stated the form was signed by George Pavlick who claims to be the representative of the owner and the business. Mr. Ostergard stated George Pavlick may represent the owner of Coyote's but he does not represent the property owner. After questioning by Ms. Nixon, Mr. Galbraith stated the owner of the property is opposed to the business. Mr. Galbraith stated if the form had been filled out for Mr. Pavlick to appear and signed by Mr. Ostergard it would be more clear but Mr. Ostergard only authorized himself to appear before this Board. In rebuttal, Mr. Pavlick advised when Coyote's took over the property from the prior tenant the license could have been transferred to Coyote's. He added that at that time there was nothing in the lease that stated there would be any specific license. He stated he told the previous owners that Coyote's would try a 4-COP-SRX license but if that license did not work Coyote's would change to a 4-COP license. He also stated the lease only indicates Coyote's will serve liquor and Coyote's will serve food. He stated this shopping center has had a number of hardships and is only about 50% occupied. Mr. Pavlick stated it is very difficult because Coyote's has little visibility and there is very little foot traffic. He advised that being located in a mall makes it difficult to attract customers to a premises only to eat which makes it difficult to meet the food sales requirement. He stated as part of the lease Coyote's had, there was no mention of a problem if Coyote's desired to change to a 4-COP license. He stated there was a 4-COP license already at the location and he felt that denying this request would be an example that Coyote's was being singled out when Coyote's could have transferred the previous 4-COP license. He felt it was in the best interest of Coyote's and the shopping center as it is stipulated in the lease that Coyote's pays rent based on percentage of gross sales. He stated Coyote's is currently serving food and alcoholic beverages as well as operating an establishment. He stated it would not be fair to Coyote's to deny the request. Mr. Pavlick advised he has been in this business for 18 years and Coyote's is very involved in the community. He felt the request was a necessity and denial would be a hardship on Coyote's. He felt Coyote's was an asset to the shopping center and advised Coyote's has put $250,000 into the property which adds to the property owner's value. He advised the building has no other use except for this use. After questioning by Mr. Schwob, Mr. Pavlick stated the State has not complained at this time about not meeting the 51% food requirement but he foresees a possible problem meeting the 51% food requirement which is the reason for the request. He added that with being within the plaza where there is little foot traffic adds to the difficulty in meeting the food requirement. He felt Coyote's should not be penalized because a change in property ownership. Mr. Hamilton expressed concern that since there was a tenant/landlord dispute he was not sure this Board could approve the request, even though he felt this was a good location for a 4-COP license. He stated the conditional use is granted to the property owner not to the tenant. Ms. Harvey stated a conditional use is peculiar to the business owner because if the business owner changes that request would also come before this Board. Mr. Green stated he would have no problem with a 4-COP license in that location but felt the City should not be involved in owner/tenant disputes. Ms. Nixon felt a 4-COP-SRX license would work at the location. She felt the food was inexpensive and large quantities were served but she felt food business would be better if it weren't for the distractions. Mr. Galbraith advised that Section 137.011(g)(1) of the Land Development Code states "An application for conditional use shall be prepared on a form to be provided by the development code administrator and shall be signed by the owner or tenant of the property. Any application signed by a tenant shall be supplemented by a written statement of consent from the property owner." Mr. Galbraith felt the consent of the owner is required. Motion was made by Mr. Hamilton, seconded by Ms. Nixon, to deny the above request based upon the property owner appearing in opposition to the above request. Motion carried unanimously (5 to 0). 13. Lot 8, Blk. K, Salls' Lake Park Third Add. (3013 St. Croix Drive) Emelita M. Barger Fulton CU 88-61 Request - Level I Group Care Zoned - RS-8 (Single-Family Residential "Eight") Ms. Harvey advised as follows: This is a request for a Level I Group Care facility in the RS-8 zoning district; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(14); the request is to expand an existing ACLF, authorized June 29, 1987, that now allows for 5 persons to be cared for plus 2 resident supervisors to 7 persons to be cared for; they are proposing to expand the allowable persons to be cared for to 7 under the provisions of the State license; the Development Code Adjustment Board approved a variance to the land area for 7 persons on June 30, 1988; and a variance is still to be considered for parking, which variance is supported by the Traffic Engineer. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the new Occupational License for 7 persons be procured within 6 months; and 2) That a parking variance be granted by the Development Code Adjustment Board. Mr. Donald Fulton, representative of applicant, advised as follows: Applicant wants to expand residents from 5 to 7 persons because of a request for clientele; applicant has a waiting list; and applicant wants to keep parking identical to other parking in the area. Mr. Fulton submitted a letter from adjacent property owners in support of the above request (see attached). Mr. Fulton showed pictures of the exterior and interior of the subject property. After questioning by Mr. Schwob, Mr. Fulton stated he is the manager of the above ACLF; he has been operating since last August; the average age of the residents is 85 years; and, none of the residents own vehicles. Ms. Harvey advised one letter of objection was received from an area resident. No persons appeared in support of or in opposition to the above request. Ms. Nixon stated she was certain there was another ACLF within 1200 feet of the subject location. Ms. Harvey advised she checked the maps and there was no ACLF within 1200 feet. Ms. Harvey also advised if there is another ACLF within 1200 feet a variance to the separation distance would also be required. Motion was made by Ms. Nixon, seconded by Mr. Green, to approve the above request subject to the following: 1) That the new Occupational License for 7 persons be procured within 6 months; 2) That a parking variance be granted by the Development Code Adjustment Board; and, 3) That a variance to the separation distance be obtained if it is found that applicant's property is within 1200 feet of a licensed Adult Congregate Living Facility. Motion carried unanimously (5 to 0). 14. Lot 2, Studebaker's Sub. (2516 Gulf to Bay Boulevard) Blackpool Palace Ltd. of FL, Inc./ Mickey & Jan Pattemore/Robert E. Gregg CU 88-62 Request - Temporary Building (Office Use) Zoned - CG (General Commercial) Ms. Harvey advised as follows: This is a request for a temporary building for office use in the General Commercial zoning district; the governing sections of the Land Development Code are Section 136.025(b) for the conditional use and this Board is authorized to review this use under Section 136.017(d); the site is an existing restaurant and lounge with a 4-COP-SRX licensed governed as a 4-COP; the Traffic Engineer had no objections; and, the temporary building is requested to house offices. Ms. Harvey stated it appears the building is to be located in a driveway and questioned the need of the temporary building. She added that temporary buildings are authorized for a limited time only. Ms. Harvey stated she cannot make a recommendation until there is a better idea what the applicant intends for the temporary building. Mr. Walt Rozanski, representative of applicant, advised applicant is requesting the office space to have the room to implement inhouse work that had been previously contracted out. He added that applicant does not know how this new system will work and applicant does not want to invest more money in a permanent building until such time that applicant can ascertain if this new system will work. Mr. Rozanski stated there will be no toilet facilities in the temporary building and if it is necessary to continue use of the office space applicant will meet all City requirements. Ms. Harvey advised, that in view of the additional information supplied by applicant, staff recommended approval of the above request subject to the following: 1) That use of the building be approved for a period of one (1) year; and, 2) That approval is granted subject to review and approval by the Fire Marshal. Ms. Harvey advised the second condition is recommended to assure emergency service to the property will not be obstructed. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Green, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That use of the building be approved for a period of one (1) year; and, 2) That approval is granted subject to review and approval by the Fire Marshal. Motion carried unanimously (5 to 0). The Board recessed at 2:46 PM and reconvened at 2:55 PM. C. Annexation, Zoning Atlas and Land Use Plan Amendment and Local Planning Agency Review: 1. Lot 1, Blk. A, Sunset Point Estates (Located at the southwest corner of the Intersection of Old Coachman Road and Americus Drive) (Sempsrott) A 88-15 Request - Annexation and Zoning, RS-8 (Single Family Residential "Eight") The above property is located at the southwest corner of the Intersection of Old Coachman Road and Americus Drive. The applicant was not present. Ms. Harvey advised the above request is for annexation and RS-8 (Single Family Residential "Eight") zoning and the request is made in order for the applicant to receive City sewer. Ms. Harvey advised staff recommended approval of the request for annexation and RS-8 (Single Family Residential "Eight") zoning. Motion was made by Mr. Hamilton, seconded by Mr. Green, to recommend approval of the annexation and RS-8 (Single Family Residential "Eight") zoning. Motion carried unanimously (5 to 0). 2. Lot 10, Blk. D, Virginia Grove Terrace, 5th Add. (Located on the south side of St. John's Drive, east of St. Croix Drive) (Archontakis) A 88-16 Request - Annexation and Zoning, RS-8 (Single Family Residential "Eight") The above property is located on the south side of St. John's Drive, east of St. Croix Drive. The applicant was not present. Ms. Harvey advised the above request is for annexation and RS-8 (Single Family Residential "Eight") zoning and the request is made in order for the applicant to receive City sewer. Ms. Harvey advised staff recommended approval of the request for annexation and RS-8 (Single Family Residential "Eight") zoning. Motion was made by Ms. Nixon, seconded by Mr. Hamilton, to recommend approval of the annexation and RS-8 (Single Family Residential "Eight") zoning. Motion carried unanimously (5 to 0). 3. Lots 15 through 19, Dunromin Sub. (Located at the northeast corner of the Intersection of South Belcher Road and Wistful Vista Drive) (Wilson) A 88-17 Request - Annexation and Zoning, OL (Limited Office) The above property is located at the northeast corner of the Intersection of South Belcher Road and Wistful Vista Drive. The applicant was not present. Ms. Harvey advised it is necessary for the applicant or applicant's representative to be present and it would be necessary for the above item to be continued to the Planning and Zoning Board Meeting scheduled for August 16, 1988. Motion was made by Mr. Green, seconded by Ms. Nixon, to continue the above item to the Planning and Zoning Board Meeting scheduled for August 16, 1988. Motion carried unanimously (5 to 0). 4. Lot 4, Blk. B, Palmetto Terrace (Located on the south side of Arlington Place, east of Belcher Road) (Scrivner) A 88-18 Request - Annexation and Zoning, RS-8 (Single Family Residential "Eight") The above property is located on the south side of Arlington Place, east of Belcher Road. The applicant was not present. Ms. Harvey advised the above request is for annexation and RS-8 (Single Family Residential "Eight") zoning and the request is made in order for the applicant to receive City sewer. Ms. Harvey advised staff recommended approval of the request for annexation and RS-8 (Single Family Residential "Eight") zoning. Motion was made by Ms. Nixon, seconded by Mr. Green, to recommend approval of the annexation and RS-8 (Single Family Residential "Eight") zoning. Motion carried unanimously (5 to 0). 5. Lot 1, Blk. J, Skycrest Sub. Unit 9, Lot 3, Blk. A and Lot 3, Blk. B, Skycrest Sub. Unit 10 (Located south of Drew Street on both the east and west side of Nimbus Avenue) (Skycrest United Methodist Church) LUP 88-6 Z 88-10 Zoning Atlas: FROM: RS-8 (Single Family Residential "Eight") TO: P/SP (Public/Semi-Public) Land Use Plan: FROM: Low Density Residential TO: Public/Semi-Public The above property is located south of Drew Street on both the east and west sides of Nimbus Avenue. Ms. Connie Haslanger, representative of Skycrest United Methodist Church, stated the request is being made to conform to the new land use standards for parking. She added the Church's parking will be increased and having parking on the subject property will alleviate pedestrian traffic. Ms. Harvey advised this is a request for zoning atlas amendment from RS-8 (Single Family Residential "Eight") to P/SP (Public/Semi-Public) and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public. She added this Board's review of this item will include review as the Local Planning Agency of the Land Use Plan amendment. She added the Land Use Plan amendment includes the review by this Board as the Local Planning Agency. She stated the property is proposed to be used as a parking lot. She added that before the Land Development Code became effective parking was permitted in the RS-8 zoning district. Ms. Harvey advised staff recommended approval of the request for zoning atlas amendment from RS-8 (Single Family Residential "Eight") to P/SP (Public/Semi-Public) and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public. In support of the above request, the following person appeared to give his comments: Mr. Richard Uline, 1024 Duncan South, stated the Church needs the additional property as there is not adequate parking at the current time. In opposition to the above request, the following persons appeared to give their comments: Mr. Arthur Onken, 106 North Nimbus Avenue, stated a majority of the people in the area are against the above change and they feel additional parking is not necessary. He also felt the neighborhood should be considered. He expressed concern that dumpsters will be used closer to residential uses and felt the addition of approximately 18 parking spaces would not be worth the change. Ms. Florence McElman, 18 North Nimbus Avenue, expressed concern that if the property is rezoned it will cause other changes to take place. In rebuttal, Ms. Haslanger advised that the lot to be rezoned is on Nimbus and the dumpster is on Cyrus and the Church does not intend to change the location. She stated she does not feel the Church will be buying other property. After questioning by Mr. Schwob, Ms. Haslanger stated the Oak tree will remain. After questioning by Mr. Schwob, Ms. Harvey advised that any other zoning changes to the property will require coming before this Board. Mr. Green assured those persons in opposition to the above request that any further requests would be required to come before this Board. Motion was made by Mr. Ferrell, seconded by Mr. Hamilton, to recommend approval of request for zoning atlas amendment from RS-8 (Single Family Residential "Eight") to P/SP (Public/Semi-Public) and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public. Motion carried unanimously (5 to 0). 6. Lot 2, Coral Cove Sub. (Located on the east side of Belcher Road, south of Drew Street) (Southland Corp., Sunshine Division/City) LUP 88-8 Z 88-12 Zoning Atlas: FROM: CG (General Commercial) TO: OL (Limited Office) Land Use Plan: FROM: Commercial/Tourist Facilities TO: Residential/Office The above property is located on the east side of Belcher Road, south of Drew Street. Ms. Harvey advised that the above request is a City-initiated request and the property owner has requested a continuance of the request since it received the public hearing notice only the previous day. She felt the property owner should have a chance to comment on the above request and felt the continuance would be appropriate. Motion was made by Mr. Hamilton, seconded by Mr. Green, to continue the above request to the Planning and Zoning Board Meeting scheduled for August 16, 1988. Motion carried unanimously (5 to 0). 7. M&B 44.25, Sec. 21-29S-15E (Located on the west side of Myrtle Avenue, north of Bryant Street) (Espey) LUP 88-7 Z 88-11 Zoning Atlas: FROM: RM-8 (Multiple Family Residential "Eight") TO: OL (Limited Office) Land Use Plan: FROM: Low Density Residential TO: Residential/Office The above property is located on the west side of Myrtle Avenue, north of Bryant Street. Mr. Carlton Ward, representative of applicant, advised the property is under contract for purchase with Isaiah's Inn. He stated Isaiah's Inn wants to be able to utilize the property as a shelter for homeless. He also stated the above request is necessary to allow for a Level III Group Care Facility. Mr. Ward felt the above request meets the requirements of the Land Development Code and will be compatible with the surrounding neighborhood. Ms. Harvey advised as follows: This is a request for a zoning atlas amendment from RM-8 (Multiple Family Residential "Eight") to OL (Limited Office) and a Land Use Plan amendment from Low Density Residential to Residential/Office; the application was prompted by an interest from Isaiah's Inn to find a suitable location for its project; and, the most appropriate zoning at the present time at the above location is Limited Office. Ms. Harvey advised staff recommended approval of the request for a zoning atlas amendment from RM-8 (Multiple Family Residential "Eight") to OL (Limited Office) and a Land Use Plan amendment from Low Density Residential to Residential/Office. In support of the above request the following persons appeared to give their comments: Chief Sid Klein, Chief of Police, City of Clearwater, stated he is in full support of the application of Isaiah's Inn and felt this facility will help solve some of the problems with the homeless. Mrs. Lois Cormier, 625 McLennan Street, stated she has done research on the property, and the buildings are in poor condition. She felt by changing the zoning from RM-8 to OL this Board would be setting a precedent and the change may be considered spot zoning as the parcel is less than an acre. Mrs. Cormier stated she did, however, support the request because of the need for a shelter for homeless. Mr. Ward advised that eight (8) persons appeared in support of the request and were prepared to answer any questions the Board may have. Mr. Ward submitted a resolution prepared by the Clearwater Chamber of Commerce in support of the above request (see attached). After questioning by Mr. Schwob, Ms. Harvey advised that as the Code is written today, the request is appropriate. She added that the Comprehensive Plan identifies this use in the OL zoning and the category of care fits the zoning. Mr. Green stated he was in favor of the proposed facility but expressed concern of the possibility that the intended use will not take place. Mr. Hamilton stated he agreed with Mrs. Cormier but he felt this was a good project with good people and a positive step in the right direction. He felt for those reasons the application should be approved. Ms. Nixon stated there was no disagreement on her part about Isaiah's Inn being located at the subject property. She expressed concern about placing Limited Office zoning on the site because it is one of the few places where there is affordable housing. She expressed concern that similar changes may be requested in the surrounding area. After questioning by Ms. Nixon, Ms. Harvey advised that a zoning change cannot be conditioned on a use. Mr. Ward stated the Board must work with the Code as it is written today. He added that there is commercial zoning adjacent and to the south of the subject property. He advised that, though a change in the Code may be a possibility in the future, the above request must be acted on now. He stated applicant meets the criteria. Mr. Ward requested the Board to recommend approval of the above request and suggested that the Board may want to consider making a recommendation to the Commission that a change be made in the Code to include such a use in the Public/Semi-Public zoning district. Motion was made by Mr. Green, seconded by Mr. Hamilton, to recommend approval of the request for a zoning atlas amendment from RM-8 (Multiple Family Residential "Eight") to OL (Limited Office) and a Land Use Plan amendment from Low Density Residential to Residential/Office. Motion carried unanimously (5 to 0). Motion was made by Ms. Nixon, seconded by Mr. Green, to recommend to the City Commission that the Land Development Code be amended to include Level III Group Care Facility as a conditional use in the Public/Semi-Public zoning district. Motion carried unanimously (5 to 0). 8. Part of Lots 1 and 2, Blk. A, Fairburn Add. (Located on the west side at the northern terminus of Fairburn Avenue, north of Engman Street) (Everybody's Tabernacle/City) LUP 88-13 Z 88-15 Zoning Atlas: FROM: P/SP (Public/Semi-Public) AND AL/C (Aquatic Lands/Coastal) TO: CN (Neighborhood Commercial) Land Use Plan: FROM: Public/Semi-Public AND None TO: Commercial Tourist Facilities The above property is located on the west side at the northern terminus of Fairburn Avenue, north of Engman Street. Ms. Harvey advised this City-initiated request is for a zoning atlas amendment from P/SP (Public/Semi-Public) and AL/C (Aquatic Lands/Coastal) to CN (Neighborhood Commercial) and a Land Use Plan amendment from Public/Semi-Public and None to Commercial Tourist Facilities. She advised the request was prompted by the conditional use application that was submitted by Everybody's Tabernacle. She also advised the request is to extend a zoning district from part of the subject property to all of the subject property. Ms. Harvey advised that staff recommended approval of the request for a zoning atlas amendment from P/SP (Public/Semi-Public) and AL/C (Aquatic Lands/Coastal) to CN (Neighborhood Commercial) and a Land Use Plan amendment from Public/Semi-Public and None to Commercial Tourist Facilities. Motion was made by Mr. Green, seconded by Mr. Ferrell, to recommend approval of the request for a zoning atlas amendment from P/SP (Public/Semi-Public) and AL/C (Aquatic Lands/Coastal) to CN (Neighborhood Commercial) and a Land Use Plan amendment from Public/Semi-Public and None to Commercial Tourist Facilities. Motion carried unanimously (5 to 0). 9. Part of Lots 23, 24, and 25, Island Estates Unit 5A Sub. (Located at the northwest corner of the intersection of Larbord Way and Dolphin Point) (Lark Investment, Inc.) LUP 88-15 Z 88-17 Zoning Atlas: FROM: RM-20 (Multiple Family Residential "Twenty") TO: P/SP (Public/Semi-Public) Land Use Plan: FROM: High Density Residential TO: Public/Semi-Public The above property is located at the northwest corner of the intersection of Larbord Way and Dolphin Point. Ms. Barbara Terpening, representative of Lark Investment, Inc., advised there is a contract to sell the property to GTE, who is in need of a facility in Island Estates. Mr.Richard Baker, representative of GTE, stated a switching station is proposed for the property similar to the one recently built on Clearwater Beach. Mr. Baker showed a rendering of the proposed facility. Ms. Harvey stated the above request is for a zoning atlas amendment from RM-20 (Multiple Family Residential "Twenty") to P/SP (Public/Semi-Public) and a Land Use Plan amendment from High Density Residential to Public/Semi-Public. She also stated the request is specifically for the purpose of installing a GTE switching station. She further stated a replat is being reviewed by the City and is schedule to be heard by the City Commission on August 4, 1988. Ms. Harvey advised staff recommended approval of the request is for a zoning atlas amendment from RM-20 (Multiple Family Residential "Twenty") to P/SP (Public/Semi-Public) and a Land Use Plan amendment from High Density Residential to Public/Semi-Public. In opposition to the above request, the following persons appeared to give their comments: Mr. David Kurland, adjacent property owner, stated the neighborhood is a highly desirable neighborhood and felt the request was an attempt to spot zone by putting a commercial use in a residential neighborhood. He expressed concern that air conditioning units on the property will cause too much noise. Mr. Kurland stated he doesn't understand the necessity of the zoning change and felt that other properties were available that would be more appropriate. Ms. Ann Garris, 38 Acacia, stated she is not so much in opposition to the request but felt the other facility on Clearwater Beach has more fencing than what residents were led to believe. She felt the building does not fit into other buildings in the neighborhood. Ms. Garris stated she would like to know what kind of fencing will be at the facility. After questioning by Mr. Schwob, Ms. Garris stated she has not noticed traffic at the facility on Clearwater Beach and hasn't heard of complaints from residents regarding noise, but she felt the facility doesn't fit into the surrounding neighborhood. In rebuttal, Ms. Terpening stated other properties may be available but there is a cost factor, as well as the size of the property, to be considered. In rebuttal, Mr. Baker advised part of the land will be retained as RM-20. He stated GTE was required to have a detention pond at the other location and felt GTE would be required to have a detention pond at the subject site. After questioning by Board members, Mr. Baker stated the maximum size of the building will be 37.4 feet by 42 feet and property has been leased in the past but only as a last resort. Mr. Baker stated there are insurance implications to also consider. After questioning by Ms. Nixon, Mr. Baker advised GTE will look into the possibility of using something similar to turf block rather than cement. After questioning by Mr. Hamilton, Mr. Baker advised the cable facility serves Island Estates and runs from Clearwater mainland. He added it is at 50% capability of being used. Mr. Baker stated the cost to replace the cable is prohibitive, the proposed site is intended to serve a big area of the beach, and the new cable will serve approximately 12,000. Mr. Schwob felt the project would not be a detriment, the project doesn't cause a lot of traffic, and the project does not disrupt traffic. He felt GTE seems to have done a nice job with designing its buildings. Mr. Green stated he understood the facility may be needed but felt there may be a better location to put such a facility. Ms. Harvey stated these facilities are not allowed in a commercial zone. She added these facilities are provided for in the Industrial and Public/Semi-Public zoning specifically because they have to ask for a rezoning. Ms. Nixon thought such a request was a conditional use in the Commercial zoning district. Mr. Ferrell felt the request has been made as compatible as possible. Motion was made by Mr. Ferrell, seconded by Ms. Nixon, to recommend approval of the request for a zoning atlas amendment from RM-20 (Multiple Family Residential "Twenty") to P/SP (Public/Semi-Public) and a Land Use Plan amendment from High Density Residential to Public/Semi-Public. After roll call, motion passed (3 to 2) with Messrs. Ferrell, Hamilton, and Schwob voting "aye" and Mr. Green and Ms.Nixon voting "nay." 10. PARCEL #1 AND PARCEL #2 (Located on the south side of Airport Drive, west of Gilbert Street) (S.C.C. Development Corp., Inc.) LUP 88-5 Z 88-8 PARCEL #1: Part M&B 33.01, Sec. 12-29S-15E AND Lots 7 through 21, Part Lots 6 and 22, Blk. C, and Vacated Streets, Drew Heights Sub. Zoning Atlas: FROM: RM-12 (Multiple Family Residential "Twelve") TO: RS-8 (Single Family Residential "Eight") Land Use Plan: FROM: Medium Density Residential TO: Low Density Residential PARCEL #2 Part M&B 33.01, Sec. 12-29S-15E AND Lots 1 through 5, Lots 23 through 28, Part Lots 6 and 22, Blk. C, and Vacated Streets, Drew Heights Sub. Zoning Atlas: FROM: RM-12 (Multiple Family Residential "Twelve") TO: AL/I (Aquatic Lands/Interior) The above property is located on the south side of Airport Drive, west of Gilbert Street. The applicant was not present. Ms. Harvey advised it is necessary for the applicant or applicant's representative to be present and it would be necessary for the above item to be continued to the Planning and Zoning Board Meeting scheduled for August 16, 1988. Motion was made by Mr. Green, seconded by Mr. Hamilton, to continue the above item to the Planning and Zoning Board Meeting scheduled for August 16, 1988. Motion carried unanimously (5 to 0). 11. Portion M&B 33.03, Sec. 04-29S-16E (Located on the west side of McMullen-Booth Road, north of S. R. 590) (The Babcock Co.) LUP 88-9 Z 88-13 Zoning Atlas: FROM: RM-8 (Multiple Family Residential "Eight") TO: OL (Limited Office) Land Use Plan: FROM: Low Density Residential TO: Residential/Office The above property is located on the west side of McMullen-Booth Road, north of S. R. 590. Mr. Steve Seibert, representative of applicant, stated the request does not effect any residential property. He added there are many environmental constraints on the piece of property and only about 3 of the 4.5 acres will be able to be developed. Ms. Harvey advised as follows: This is a request for a zoning atlas amendment from RM-8 (Multiple Family Residential "Eight") to OL (Limited Office) and a Land Use Plan amendment from Low Density Residential to Residential/Office; the property consists of a lot of trees and lowlands and the project is very limited; and, the floor area ratio is in conformance with the former Pinellas Planning Council requirements. Ms. Harvey advised staff recommended approval of the request for a zoning atlas amendment from RM-8 (Multiple Family Residential "Eight") to OL (Limited Office) and a Land Use Plan amendment from Low Density Residential to Residential/Office. Motion was made by Mr. Green, seconded by Mr. Ferrell, to recommend approval of the request for a zoning atlas amendment from RM-8 (Multiple Family Residential "Eight") to OL (Limited Office) and a Land Use Plan amendment from Low Density Residential to Residential/Office. Motion carried unanimously (5 to 0). 12. M&B 22.011, Sec. 33-28S-16E (Located south of Enterprise Road and adjacent on the east to the proposed extension of Landmark Drive) (Vogel) LUP 88-10 A 88-19 Request - Annexation and Zoning, OL (Limited Office) Land Use Plan: FROM: Low Density Residential TO: Residential/Office The above property is located south of Enterprise Road and adjacent on the east to the proposed extension of Landmark Drive. Mr. Steve Seibert, representative for applicant, explained the surrounding land uses. He advised the project is proposed to be an office park. He also advised that on the west side of the property a 40 foot right-of-way is required to allow for the extension of Landmark Drive. Ms. Harvey advised as follows: This is a request for annexation, OL (Limited Office) zoning and a Land Use Plan amendment from Low Density Residential to Residential/Office; to the north is Limited Office and the property to the east was limited to the development of offices by the Pinellas Planning Council; and, there is a proposed annexation agreement that specifically relates to the proposed extension of Landmark Drive. Ms. Harvey stated letters have been received that the residential neighbors would rather see office development than commercial development. Motion was made by Mr. Hamilton, seconded by Mr. Green, to recommend approval of the request for annexation, OL (Limited Office) zoning and a Land Use Plan amendment from Low Density Residential to Residential/Office. Motion carried unanimously (5 to 0). AGENDA ITEMS C(13) AND C(14) WERE DISCUSSED TOGETHER. 13. PARCEL #1 AND PARCEL #2 (Located at the eastern terminus of Seville Boulevard) (Clearwater Seville, Ltd.) LUP 88-11 A 88-20 PARCEL #1: M&B 34.01, and Part M&Bs 21.01 & 34.02 Secs. 17-29S-16E & 20-29S-16E Request - Annexation and Zoning, RM-28 (Multiple Family Residential "Twenty-Eight") Land Use Plan: FROM: Medium Density Residential TO: High Density Residential PARCEL #2: Part M&Bs 21.01 & 34.02 Secs. 17-29S-16E & 20-29S-16E Request - Annexation and Zoning, AL/C (Aquatic Lands/Coastal) The above property is located at the eastern terminus of Seville Boulevard. 14. M&B 33.06, Sec. 17-29S-16E (Located south of existing Seville Condominiums and south of Pearce Drive [Private Street]) (A.E.L. Partnership) LUP 88-12 Z 88-14 Zoning Atlas: FROM: RM-12 (Multiple Family Residential "Twelve") TO: RM-28 (Multiple Family Residential "Twenty-Eight") Land Use Plan: FROM: Medium Density Residential TO: High Density Residential The above property is located south of existing Seville Condominiums and south of Pearce Drive [Private Street]. The applicant was not present. Ms. Harvey advised it is necessary for the applicant to submit an impact assessment which has not been submitted. It would be necessary for the above items to be continued to the Planning and Zoning Board Meeting scheduled for August 16, 1988. Motion was made by Mr. Green, seconded by Mr. Hamilton, to continue the above items (C)13 and (C)14 to the Planning and Zoning Board Meeting scheduled for August 16, 1988. Motion carried unanimously (5 to 0). 15. PARCEL #1 and PARCEL #2 (Located north of S.R. 60 [Courtney Campbell Causeway] and Clearwater Christian College adjacent to Old Tampa Bay, commonly known as Cooper's Point) (Pinellas County, City of Clearwater and Clearwater Christian College) LUP 88-14 Z 88-16 PARCEL #1: M&B 44.01, Secs. 09-29S-16E, 10-29S-16E and 15-29S-16E Zoning Atlas: FROM: RS-4 (Single Family Residential "Four") TO: OS/R (Open Space/Recreation) Land Use Plan: FROM: Low Density Residential TO: Recreation/Open Space PARCEL #2: M&B 11.01, Sec. 16-29S-16E Zoning Atlas: FROM: RS-4 (Single Family Residential "Four") TO: P/SP (Public/Semi-Public) Land Use Plan: FROM: Low Density Residential TO; Public/Semi-Public The above property is located north of S.R. 60 [Courtney Campbell Causeway] and Clearwater Christian College adjacent to Old Tampa Bay, commonly known as Cooper's Point. Ms. Harvey advised this city-initiated request is for a zoning atlas amendment from RS-4 (Single Family Residential "Four") to OS/R (Open Space/Recreation) and a Land Use Plan amendment from Low Density Residential to Recreation/Open Space for PARCEL #1 and a zoning atlas amendment from RS-4 (Single Family Residential "Four") to P/SP (Public/Semi-Public) and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public for PARCEL #2. She advised the change is made since the City now owns Cooper's Point. She also advised that it is an appropriate classification. She stated that some small pieces of property owned by the Clearwater Christian College are being rezoned to Public/Semi-Public as they should be. She also stated these changes are made to reflect proper ownership and the intent of the City and County to preserve property known as Cooper's Point. Ms. Harvey advised staff recommended approval of the city-initiated request for a zoning atlas amendment from RS-4 (Single Family Residential "Four") to OS/R (Open Space/Recreation) and a Land Use Plan amendment from Low Density Residential to Recreation/Open Space for PARCEL #1 and a zoning atlas amendment from RS-4 (Single Family Residential "Four") to P/SP (Public/Semi-Public) and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public for PARCEL #2. Ms. Harvey advised that a letter of support was received from the Pinellas County Administrator. Motion was made by Ms. Nixon, seconded by Mr. Green, to recommend approval of the city-initiated request for a zoning atlas amendment from RS-4 (Single Family Residential "Four") to OS/R (Open Space/Recreation) and a Land Use Plan amendment from Low Density Residential to Recreation/Open Space for PARCEL #1 and a zoning atlas amendment from RS-4 (Single Family Residential "Four") to P/SP (Public/Semi-Public) and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public for PARCEL #2. Motion carried unanimously (5 to 0). 16. M&Bs 23.06 through 23.12, Sec. 05-29S-16E (Located on the north side of Main Street east of U. S. Hwy. 19) (Dimmitt) LUP 88-16 A 88-21 Request - Annexation and Zoning, CG (General Commercial) Land Use Plan: FROM: Medium Density Residential TO: Commercial/Tourist Facilities The above property is located on the north side of Main Street, east of U. S. Hwy. 19. Ms. Trish Muscarella, representative of applicant, stated the above property is commercial in the County except for 50 feet of the eastern-most boundary. She also stated the area is primarily commercial and the uses are nonresidential south of Main Street. Ms. Muscarella advised applicant is requesting annexation because it needs sewer hookups. Ms. Harvey advised as follows: This is a request for annexation, CG (General Commercial) zoning, and a Land Use Plan amendment from Medium Density Residential to Commercial/Tourist Facilities; the City Commission has notified the County that this is one of the areas in the County that the commercial designation should be eliminated on the Plan; there is a mobile home park to the north; there is concern that there are no scheduled road improvements in the future for the area; and intensifying uses without road improvements could lead to a difficult situation. Ms. Harvey advised staff recommended denial of the request for CG (General Commercial) zoning and a Land Use Plan amendment from Medium Density Residential to Commercial/Tourist Facilities and recommended OL zoning with the annexation and a Land Use Plan classification of Residential/Office. In support of the above request, the following person appeared to give his comments: Mr. Juan Castaneda, 2695 Main Street, felt the area was mixed commercial and professional uses and stated he would like to see the area grow. He felt it would be beneficial for the City to zone the property commercial. In rebuttal, Ms. Muscarella stated the contract purchasers do not intend to develop the property as part of their dealership operations. She added that new County traffic impacts have been based on the property being designated as commercial property. Ms. Nixon felt the City has generally provided buffer between residential and commercial uses and she felt Limited Office was the most appropriate zoning. Motion was made by Mr. Green, seconded by Mr. Ferrell, to recommend approval of the request for annexation, CG (General Commercial) zoning, and a Land Use Plan amendment from Medium Density Residential to Commercial/Tourist Facilities. After roll call, the motion carried (3 to 2) with Messrs. Green, Hamilton, and Ferrell voting "aye" and Ms. Nixon and Mr. Schwob voting "nay." D. Land Development Code Text Amendment and Local Planning Agency Review: 1. Chapter 135, Sections 135.098, 135.105 & 136.025(c)(28) (PROPOSED ORDINANCE 4605-88) To allow veterinary offices as conditional uses within the (CN) Neighborhood Commercial District and the (CB) Beach Commercial District and relating to conditional use standards for veterinary offices. Ms. Harvey advised the subject amendment to the Land Development Code is intended to allow veterinary offices as conditional uses within the Neighborhood Commercial and Beach Commercial zoning districts. She advised the proposed changed was prompted by an individual interested in opening a veterinary office on Clearwater Beach. Ms. Harvey advised staff recommended approval of the proposed amendment to Sections 135.098, 135.105 and 136.025(c)(28) of the Land Development Code allowing veterinary offices as conditional uses within the CN (Neighborhood Commercial) and CB (Beach Commercial) zoning districts. Ms. Beverly Mohr appeared in support of the proposed amendment. Motion was made by Mr. Hamilton, seconded by Ms. Nixon, to recommend approval of the proposed amendment to Sections 135.098, 135.105 and 136.025(c)(28) of the Land Development Code allowing veterinary offices as conditional uses within the CN (Neighborhood Commercial) and CB (Beach Commercial) zoning districts. Motion carried unanimously (5 to 0). Meeting adjourned at 5:05 PM.