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10/04/1988 MINUTES PLANNING & ZONING BOARD TUESDAY, October 4, 1988 - 1:30 PM Members Present: Vice Chairman Hogan, Ms. Nixon, Messrs. Ferrell, Green, Hamilton, and Schwob Members Absent: Chairman Johnson A. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the minutes of the August 30, 1988 meeting as written. Motion carried unanimously (6 to 0). A. Motion was made by Mr. Hamilton, seconded by Mr. Schwob, to approve the minutes of the September 13, 1988 meeting as written. Motion carried unanimously (6 to 0). Vice Chairman Hogan outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the 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. B. Conditional Uses: 1. M&B 22.01, Sec. 17-29S-15E & Lots 1 to 5, Blk. C, Bayside Sub. #5 (601-619 South Gulfview Boulevard) William Shephard, Trustee Shephard Family Trust (Lagoon Resort Motel/ Shephard's Restaurant) CU 88-80 Request - 4-COP-S (On Premise Consumption & Package Sales of of Alcoholic Beverages Zoned - CR-28 (Resort Commercial "Twenty-Eight") Ms. Harvey advised as follows: This is a request for on premise consumption and package sales of alcoholic beverages in the Resort Commercial zoning district; the specific state license being applied for is a new 4-COP-S license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); this is the site of an existing restaurant and lounge and there is a proposed addition to the restaurant and the addition of a pool bar; the Traffic Engineer had no comments, stating the use replaces what was already there, and though not exactly correct, applicant is providing sufficient additional parking to accommodate addition to premises; and the Police Department saw no reason to deny license to applicant. Ms. Harvey stated a variance to the separation distance will be required since the subject property is located in the CR-28 zoning district which is defined in the Code as residential. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That a variance to the separation distance be approved by the City Commission; and, 2) That the Building permit be procured within six months. Mr. Raymond Parri, representative of applicant, stated applicant has been the owner of the property for over eleven years, the subject restaurant was operated with an alcoholic beverages license for fifteen years by another person, and the proposed addition will be oriented toward the Gulf of Mexico. Mr. Parri presented photographs showing the surrounding uses (located in the City Clerk's Office). After questioning by Board Members, Mr. William M. Shephard, applicant, advised as follows: There may be a one or two piece band to play background music; a middle-age clientele is basically expected; the operation will be similar to the operation of the previous restaurant; applicant will be in the adjoining hotel and will be aware of what is going on in restaurant; and, there will be some outdoor dining. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That a variance to the separation distance be approved by the City Commission; and, 2) That the Building permit be procured within six months. Motion carried unanimously (6 to 0). 2. Lots 6, 9, 10, and 13, Blk. 6, R.J. Booth Sub. (900 Grove Street) Richard Whissel, Jr./ Carl Cappolla CU 88-81 Request - Business Service (Plumbing Contractor) Zoned - CN (Neighborhood Commercial Ms. Harvey advised as follows: This is a request for business service in the Neighborhood Commercial zoning district; applicant proposes to utilize a portion of an existing building for use by a plumbing contractor; the governing sections of the Land Development Code are Sections 136.025(b) and (c)(6); and the Traffic Engineer had no comment. Before making a recommendation, Ms. Harvey requested the applicant explain what service will be available on site. Mr. Carl Cappolla, applicant, stated the office will be used for dispatching work. After questioning by Board Members, Mr. Cappolla stated the remainder of the space will be used for warehousing and there will be nothing stored outside. Ms. Harvey advised that staff recommended approval of the above request subject to the following: 1) That the Certificate of Occupancy be procured within six months. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That the Certificate of Occupancy be procured within six months. Motion carried unanimously (6 to 0). 3. Lot 5, Part Lot 6, Columbia Sub. 3 (332 Hamden Drive) Raymond & Neva BiaLowas CU 88-82 Request - Business Professional Office (Real Estate Office) Zoned - CR-28 (Resort Commercial "Twenty-Eight") Ms. Harvey advised as follows: This is a request for a business professional office which serves the tourist in the Resort Commercial zoning district; the Traffic Engineer commented that no additional parking will be required; and the actual request is to convert a motel unit into a real estate office. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the Occupational License be procured within six months. Mr. Raymond BiaLowas, applicant, stated he is a realtor and would like to operate a real estate office from his motel. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Ferrell, seconded by Mr. Schwob, to approve the above request subject to the following: 1) That the Occupational License be procured within six months. Motion carried unanimously (6 to 0). 4. Lots 23 to 25 & 32 to 34, R.H. Padgett's Est Sub. & Lots 1 to 13, Blk. E, Hibiscus Gardens (1219 Cleveland Street) Irving Diamond, Trustee, Oranco Mgmt. Consultants, Ltd. (Hunter's Lounge)/State Liquors of Clwtr./ Daniel Orsello CU 88-83 Request - 4-COP (On Premise Consumption & Package Sales of Alcoholic Beverages) Zoned - UC[E] (Urban Center [Eastern Corridor]) Ms. Harvey advised as follows: This is a request for on premise consumption and package sales of alcoholic beverages in the Urban Center [Eastern Corridor] zoning district; the specific State license being applied for is a 4-COP license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the applicant is proposing a lounge and liquor store in the Cleveland Plaza; the Traffic Engineer commented there was sufficient parking in the parking lot; and the Police Department saw no reason to deny license to applicant. Ms. Harvey stated there would be no variance to the separation distance required. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the Building permit be procured within six months. Mr. Daniel Orsello, applicant, advised as follows: He wants to operate a lounge that serves good food; he anticipates a clientele averaging about forty years of age; and, he previously owned a lounge on Highland Avenue known as the Horseshoe Lounge. In support of the above request, the following person appeared to give his comments. Mr. Ron Moldenhauer, representative of property owner/landlord, stated the landlord has looked at the proposed operation very carefully and felt confident the operation will not detract from the shopping center. He also stated the landlord felt the operation will be a fine addition to the shopping center and will attract a luncheon crowd. After questioning by Mr. Schwob, Mr. Moldenhauer stated the space in the shopping center was previously occupied by HRS as a food stamp office. Ms. Harvey advised one letter of opposition was received from Dr. Adams who seems to be confused that this application is for another location. Mr. Hamilton suggested a letter be sent to Dr. Adams clarifying for which address the application is intended. Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following: 1) That the Building permit be procured within six months. Motion carried unanimously (6 to 0). 5. Lot 4, Part Lot 9, Miller's Rep. (19-19A Rockaway Street) Joan P. Boni/Lawrence Boni (Lorenzo's) CU 88-84 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CR-28 (Resort Commercial "Twenty-Eight") Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the Resort Commercial zoning district; the specific State license being applied for is a new 2-COP license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b) of the Land Development Code; this site is an existing restaurant and motel and applicant is proposing the sale of beer and wine in the restaurant which is to be expanded; a parking variance was approved by the Development Code Adjustment Board on September 22, 1988; the Traffic Engineer had no objection; and, the Police Department saw no reason to deny license to applicant. Ms. Harvey stated a variance to the separation distance will be required since the subject property is located in the CR-28 zoning district which is defined in the Code as residential. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That a variance to the separation distance be approved by the City Commission; and, 2) That the Certificate of Occupancy be procured within six months. Mr. Lawrence Boni, applicant, advised as follows: He wants the option of having beverages available for his clientele; he will have indoor and outdoor seating and is currently operating as a take out and delivery operation; and he would like to make better use of the beach traffic. After questioning by Board Members, Mr. Boni advised as follows: There will be no live entertainment; the 11:00 PM closing is mainly because of the delivery service and though the seating will be available until closing, not too many customers are expected; the operation is family oriented and the applicant will be on premises to supervise; and, applicant will be reducing the number of motel units to accommodate additional seating and restrooms. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to approve the above request subject to the following: 1) That a variance to the separation distance be approved by the City Commission; and, 2) That the Certificate of Occupancy be procured within six months. Motion carried unanimously (6 to 0). 6. Part Lot 21, Blk. A, Barbour Morrow Sub. (397 Mandalay Avenue) William Mahoney (Sandwich Shanty)/John Mahoney CU 88-85 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CB (Beach Commercial) Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the Beach Commercial zoning district; the specific State license being applied for is a 2-COP license; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the site is an existing restaurant and the applicants are requesting continuation of the allowability of 2-COP service; the Traffic Engineer commented there is no parking on the property; and, the Police Department saw no reason to deny license to applicant. Ms. Harvey advised that staff recommended approval of the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months. Mr. John Mahony, representative of applicant, stated his father has been operating restaurants in Clearwater since 1958 and has operated the current restaurant since May, 1988. He advised his father gets many requests from his customers for alcoholic beverages. After questioning by Mr. Schwob. Mr. Mahony stated there will be no live entertainment. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the new alcoholic beverage license be procured within six months. Motion carried unanimously (6 to 0). C. Annexation and Zoning: 1. Lot 32, South Haven Sub. (Located on the east side of South Haven Drive, south of Nursery Road) (Cribb) A 88-28 Request - Annexation and Zoning, RS-6 (Single Family Residential "Six") The above property is located on the east side of South Haven Drive, south of Nursery Road. The applicant was not present. Mr. Pruitt advised as follows: This is a request for annexation and RS-6 (Single Family Residential "Six") zoning; City sewer and natural gas are available; there is an existing single family residence on the property; and, the annexation request is made to obtain City sewer service. Mr. Pruitt advised staff recommended approval of the request for annexation and RS-6 (Single Family Residential "Six") zoning. Motion was made by Mr. Ferrell, seconded by Mr. Green, to recommend approval of the request for annexation and RS-6 (Single Family Residential "Six") zoning. Motion carried unanimously (6 to 0). 2. Part M&B 14.13, Sec. 05-29S-16E (Located on the north side of Main Street, west of Abbey Lake Road) (Naedel) A 88-29 Request - Annexation and Zoning, RS-2 (Single Family Residential "Two") The above property is located on the north side of Main Street, west of Abbey Lake Road. Mr. Mark Naedel, property owner, stated he is requesting annexation of a portion of his property. He advised he is also requesting the lowest zoning allowable in Clearwater. Mr. Pruitt advised as follows: This is a request for annexation and RS-2 (Single Family Residential "Two") zoning; City water is available; a single family residence is proposed for the property; and, the request is in conformance with the Low Density Residential Land Use Plan classification. Mr. Pruitt advised staff recommended approval of the request for annexation and RS-2 (Single Family Residential "Two") zoning. Mr. Pruitt advised that seven letters of opposition were received from area neighbors whose main objection was that the property would be used as a group home. In opposition to the above request, the following person appeared to give his comments: Mr. James Boyette, 2946 S.R. 588, stated he has no objection to the annexation of all of the property but he does object to annexing just a part of the property. He felt that all of the property should be annexed. After questioning by Ms. Harvey, Mr. Boyette stated his property is immediately east of the subject property, his property is not in the City, and his property is zoned agricultural. In rebuttal, Mr. Naedel stated that about one year ago he went before the County to request zoning for an ACLF but he withdrew the application when there was so much opposition. He stated he wanted the back portion to remain in the County as agricultural as there is no zoning category in the City for maintaining farm animals. He stated his farm animals consist of a pony, chickens, and a turkey and, after they are gone, the animals will probably be phased out. He added that the front portion of the property will be for one single family home. After questioning by Mr. Green, Ms. Harvey advised that it is a standing policy with the City that all contiguous property under the same ownership be annexed at the same time but it is not a requirement of the Code. She added that at the time of development of the property the City would require the property to be platted. Mr. Hamilton expressed concern that the entire property was not being annexed. He also expressed concern about the configuration of the unannexed property. Ms. Harvey advised that if the entire property were annexed and subdivided the same configuration may still exist. Motion was made by Mr. Schwob, seconded by Mr. Green, to recommend approval of the request for annexation and RS-2 (Single Family Residential "Two") zoning. Motion carried unanimously (6 to 0). 3. Part Lot 10, Pinellas Groves Sub. (Located on the north side of Nursery Road, east of Rosetree Court) (Seacorp Development Group, Inc.) A 88-30 Request - Annexation and Zoning, RM-8 (Multiple Family Residential "Eight") The above property is located on the north side of Nursery Road, east of Rosetree Court. Mr. Mark Naedel, property owner, stated the property is currently a licensed ACLF for 13 beds. He stated he is requesting annexation to obtain sewer service. He also stated he is planning room additions and his property will not meet County requirements. He further stated he will be adding square footage to the building but not adding people. Mr. Jeff Pruitt stated as follows: This is a request for annexation and RM-8 (Multiple Family Residential "Eight") zoning; City water and sewer and natural gas are available; the request is in conformance with the Low Density Residential Land Use Plan designation; and the property is currently developed with a Level II Group Care facility. Mr. Pruitt advised that staff recommended approval of the request for annexation and RM-8 (Multiple Family Residential "Eight") zoning. After questioning by Mr. Green, Mr. Pruitt stated if the property is annexed the use will be grandfathered. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the request for annexation and RM-8 (Multiple Family Residential "Eight") zoning. Motion carried unanimously (6 to 0). 4. M&B 22.03, Sec. 21-28S-16 (Located on the east side of Landmark Drive, north of Geiger Court) (Geiger) A 88-27 Request - Annexation and Zoning, RS-4 (Single Family Residential "Four") The above property is located on the east side of Landmark Drive, north of Geiger Court. Mr. Robert Baur, representative of applicant, stated applicant is requesting annexation and zoning of property consisting of 1.14 acres. He stated the requested zoning is RS-4 (Single Family Residential "Four"). After questioning by Ms. Nixon, Mr. Baur stated one house is proposed for Lot 3 and one house is proposed for Lot 4. Ms. Harvey advised as follows: This is a request for annexation and RS-4 (Single Family Residential "Four") zoning; the Board received a copy of the plan called the "Geiger Tract" and one piece of the property is to be annexed and zoned RS-4; the request is for the purpose of accommodating a house of comparable size; and City sewer is available. Ms. Harvey advised that staff recommended approval of the request for annexation and RS-4 (Single Family Residential "Four") zoning. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of the request for annexation and RS-4 (Single Family Residential "Four") zoning. Motion carried unanimously (6 to 0). D. Zoning Atlas Amendment and Amendment to Master Site Plan known as "GEIGER [PARCELS] TRACT" (Parcel #1 only) 1. M&B 22.02, Sec. 21-28S-16E (Located between McMullen-Booth Road and Landmark Drive, north of Geiger Court off Landmark Drive) (Geiger) Z 88-19 PSP 83-29 PARCEL #1: FROM: RPD-4 (Residential Planned Development "Four") & RS-2 (Single Family Residential "Two") TO: RPD-3.7 (Residential Planned Development "Three.Seven") PARCEL #2: FROM: RPD-4 (Residential Planned Development "Four") TO: RS-2 (Single Family Residential "Two") PARCEL #3: FROM: RPD-4 (Residential Planned Development "Four") & RS-2 (Single Family Residential "Two") TO: RS-4 (Single Family Residential "Four") The above property is located between McMullen-Booth Road and Landmark Drive, north of Geiger Court of Landmark Drive. Mr. Roger Baur, representative of applicant, stated the above request is to realign the existing land uses with the existing zoning. He added there will be no additional units constructed on Parcels #1 and #2 and Parcel #3 will be developed with two single family homes. Ms. Harvey advised as follows: This is a request for an amendment to the Master Site Plan known as "Geiger Tract" and a zoning atlas amendment from RPD-4 (Residential Planned Development "Four") and RS-2 (Single Family Residential "Two") to RPD-3.7 (Residential Planned Development "Three.Seven") for Parcel #1, a zoning atlas amendment from RPD-4 (Residential Planned Development "Four") to RS-2 (Single Family Residential "Two") for Parcel #2, and a zoning atlas amendment from RPD-4 (Residential Planned Development "Four") and RS-2 (Single Family Residential "Two") to RS-4 (Single Family Residential "Four") for Parcel #3; in regard to Parcel #1, there will be no changes in the existing development and the rezoning is being done to assure that there will be no further development; and, in regard to Parcel #3, there will be two new homes built on Lots 3 and 4. Ms. Harvey advised that staff recommended approval of the request for an amendment to the Master Site Plan known as "Geiger Tract" and a zoning atlas amendment from RPD-4 (Residential Planned Development "Four") and RS-2 (Single Family Residential "Two") to RPD-3.7 (Residential Planned Development "Three.Seven") for Parcel #1, a zoning atlas amendment from RPD-4 (Residential Planned Development "Four") to RS-2 (Single Family Residential "Two") for Parcel #2, and a zoning atlas amendment from RPD-4 (Residential Planned Development "Four") and RS-2 (Single Family Residential "Two") to RS-4 (Single Family Residential "Four") for Parcel #3. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Green, to recommend approval of the request for an amendment to the Master Site Plan known as "Geiger Tract" and a zoning atlas amendment from RPD-4 (Residential Planned Development "Four") and RS-2 (Single Family Residential "Two") to RPD-3.7 (Residential Planned Development "Three.Seven") for Parcel #1, a zoning atlas amendment from RPD-4 (Residential Planned Development "Four") to RS-2 (Single Family Residential "Two") for Parcel #2, and a zoning atlas amendment from RPD-4 (Residential Planned Development "Four") and RS-2 (Single Family Residential "Two") to RS-4 (Single Family Residential "Four") for Parcel #3. Motion carried unanimously (6 to 0). E. Annexation, Zoning, Land Use Plan Amendment AND Local Planning Agency Review: 1. (CONTINUED FROM 08/30/88) PARCEL #1 and PARCEL #2 (Located at the southeast corner of C.R. 31 and Bayview Avenue, south of Gulf-to-Bay) (House of Prayer, Inc./Cummings) A 88-22 LUP 88-18 PARCEL #1: Lot 3, Blk. 7, Town of Bayview & Part Tracts B & C, M.A. Smith's Bayview Sub. Request - Annexation and Zoning, P/SP (Public/Semi-Public) Land Use Plan: FROM: Low Density Residential TO: Public/Semi-Public PARCEL #2: Lot 2, Blk. 7, Town of Bayview Request - Annexation and Zoning, RS-6 (Single-Family Residential "Six") The above property is located at the southeast corner of C.R. 31 and Bayview Avenue, south of Gulf-to -Bay. Mr. Emil Marquardt, representative of applicant, stated the request for Parcel #2 is annexation and RS-6 zoning and there will be no change in the current residence. Mr. Marquardt stated the request for Parcel #1 is annexation and P/SP zoning since the property is affiliated with the Church. Ms. Harvey advised as follows: This is a request for annexation and P/SP (Public/Semi-Public) zoning and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public for Parcel #1 and annexation and RS-6 (Single Family Residential "Six") zoning for Parcel #2; and, City sewer and water and natural gas are available. Ms. Harvey advised that staff recommended approval of the requested annexation and P/SP (Public/Semi-Public) zoning and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public for Parcel #1 and annexation and RS-6 (Single Family Residential "Six") zoning for Parcel #2. After questioning by Mr. Schwob, Ms. Harvey advised that this Board is required to hear all Land Use Plan amendments since it was designated as the City's Local Planning Agency. In opposition to the above request, the following persons appeared to give their comments: Mr. Jack Alvord, 606 Bayview Avenue, stated the House of Prayer is a good neighbor but he is concerned about the traffic. He stated he thought this Board previously approved this place for about 40 cars but not for 100 cars. He stated he does not object to the House of Prayer but felt sidewalks are needed. After questioning by Mr. Schwob, Mr. Alvord stated the increased traffic is everyday both during the day and evening. Mr. Charles Martin, 607 Bayview Avenue, expressed concern that the roads are too narrow and there is too much traffic. In rebuttal, Mr. Marquardt stated the House of Prayer would not be in favor of widening the roads and it purchased Pen Mar Drive to not allow through access. He added that the House of Prayer does not want to do anything that will cause harm to the neighborhood. He stated the main idea of Parcel #2 being zoned RS-6 is to use the home as a support group facility for the families of disabled people. Mr. Marquardt stated the late night traffic should not be people from the House of Prayer. He also stated he will discuss the traffic problems with the property owner to see that the impact is minimized. After questioning by Mr. Schwob, Mr. Marquardt stated the hours are basically from 10:00 AM to 2:30 PM. After questioning by Mr. Schwob, Ms. Harvey stated that, since there is no mention of a traffic impact on the Local Planning Agency review sheet, it can be assumed there will be no impact. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to recommend approval of requested annexation and P/SP (Public/Semi-Public) zoning and a Land Use Plan amendment from Low Density Residential to Public/Semi-Public for Parcel #1 and annexation and RS-6 (Single Family Residential "Six") zoning for Parcel #2. Motion carried unanimously (6 to 0). G. Director's Items In regard to the Sandpiper, Ms. Harvey advised the primary reason the Hearing Officer overturned the Board condition of a midnight closing was that there was no evidence to relate the noise to the night time. She added that if the Board received evidence that there is "late night" noise the Board should feel comfortable about limiting hours of operation. She also stated that Mr. Galbraith confirmed that the Board could impose limitation when sufficient evidence is heard to support such limitations. H. Board and Staff Comments After questioning by Mr. Ferrell, Ms. Harvey stated that there was no condition of approval of the conditional use for Seville Oaks that limited parking to only paved areas. After further questioning by Mr. Ferrell, Ms. Harvey advised that Clearwater has been controlling the placement of newspaper racks in rights-of-way by a cooperative effort with the media. She advised the Public Works Department corresponded with the various media with suggested placement of the newspaper racks. Ms. Harvey stated very little that can be done as too strict enforcement of newspaper racks might be construed as a violation of First Amendment Rights. After questioning by Ms. Nixon, Ms. Harvey advised that if there is a possible violation in the general area of Osceola and North Fort Harrison, Ms. Nixon should contact the Code Administration Office. Meeting adjourned at 3:32 PM.