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06/13/1989 MINUTES PLANNING & ZONING BOARD TUESDAY, JUNE 13, 1989 - 1:30 PM Members Present: Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Green, Hamilton, and Mazur Members Absent: Mr. Schwob A. Motion was made by Mr. Hamilton, seconded by Mr. Ferrell, to approve the minutes of the May 16, 1989 meeting as written. Motion carried unanimously (6 to 0). Motion was made by Mr. Hamilton, seconded by Mr. Ferrell, to continue approval of the minutes of the May 30, 1989 meeting. Motion carried unanimously (6 to 0). Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. B. Conditional Uses: AGENDA ITEMS B.1. AND B.2. WERE HEARD TOGETHER 1. (REQUEST FOR EXTENSION) Lots 2 and 3, Bamboo Subdivision (520-522 Bamboo Lane) SDS Investments (A Florida General Partnership)/Emil C. Marquardt, Jr. CU 89-01 Request - 1. Vehicle Service AND 2. Outdoor Retail Sales, Displays and/or Storage Zoned - CG (General Commercial) and RS-8 (Single Family Residential "Eight") 2. (REQUEST FOR EXTENSION) Lots 9 and 10, Bamboo Subdivision (515-521 Bamboo Lane) SDS Investments (A Florida General Partnership)/Emil C. Marquardt, Jr. CU 89-02 Request - 1. Vehicle Service AND 2. Outdoor Retail Sales, Displays and/or Storage Zoned - CG (General Commercial) and RS-8 (Single Family Residential "Eight") Ms. Glatthorn explained the background of the cases and submitted, in writing, the staff recommendations. Atty. Harry Cline, representative of applicant, requested the Board approve the requests for extension of the above items. Motion was made by Mr. Hamilton, seconded by Mr. Green, to approve the requests for extension for a period of six months. Motion carried unanimously (6 to 0). 3. (CONTINUED FROM 5/16/89 and 5/30/89) Lots 8 through 11, Blk. 8, Clearwater Beach Sub. Rev. (32 Bay Esplanade) Nostimo, Inc. (Pick Kwik Food Stores, Inc.)/Harry D. Hasty CU 89-37 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - CB (Beach Commercial) Mr. Hamilton declared a conflict of interest (see form attached) and advised he will excuse himself from the Board for the subject item and will not vote in the Board's decision. Ms. Glatthorn explained the background of the case and submitted, in writing, the staff recommendation. Ms. Glatthorn advised two letters of opposition were received: One from the Clearwater Beach Association who cited its reasons for opposition as unreasonable increase in noise, glare of lighting at night, increase in traffic, increase of law enforcement, and incompatibility with the neighborhood; and, One from Chapel-By-The-Sea which cited its reasons for opposition as more than enough establishments on Clearwater Beach selling alcoholic beverages, a convenience store across the street will serve alcoholic needs of the neighborhood, there are many residences and motels in the area, and public facilities are located nearby. John T. Blakely, representative of Pick Kwik, stated the property is presently occupied by an old hotel and the Bikini Tavern, both of which are unsightly and in disrepair. He stated the Bikini Lounge and the hotel have been at the site for many years. He also stated the property is located in the middle of a Beach Commercial zoning area and is surrounded by the following uses: A 7-Eleven store to the East, which has been in operation for at least 20 years and operates under a 2-APS State license; the Palm Pavilion, which sells beer, and a hotel, both operated by the Hamilton family, to the West; a retail use to the North; and, the Fire Station and open space to the South. He stated that south of the open space there are more restaurants, taverns, and the Mandalay Surf Shop. He stated the request is for a 2-APS State license and there is presently at the subject location a 2-COP license. He stated he was previously advised at a Planning and Zoning Meeting that a 2-COP does not authorize package sales but that information is incorrect. He advised that under the present 2-COP license, beer and wine may be sold for off-premise consumption. He felt most of the Board members were familiar with the updated Pick Kwik stores and he submitted photographs of similar Pick Kwik stores, both inside and outside (see attached). He stated the photographs show the Pick Kwik stores are primarily food stores selling food and fresh produce and the subject store is also proposing to sell gasoline. Mr. Blakely advised that in all the Pick Kwik stores in Florida, beer and wine account for approximately 7% to 8% of total sales revenue of each of the stores and felt it would be approximately the same for the subject store. He stated a site plan has been filed with the City which shows the Land Development Code has been complied with in that the site plan shows adequate ingress/egress, landscaping, screening of the dumpster, and compliance with setbacks, parking, and lighting. He stated this application satisfies all the published criteria for the requested conditional use. He felt there is no valid reason to reject the application. He felt Board member Hamilton excused himself because he is a neighboring property owner and possibly because of the competition of additional beer and wines sales. Mr. Blakely stated that competition and protecting existing facilities that sell alcoholic beverages are not proper bases to reject an application. He requested the Board put aside its friendship with Board member Hamilton and base its decision on the merits of the case and the Land Development Code. Mr. Blakely commented that staff stated there are 53 locations on the beach that sell alcoholic beverages. He stated there is no criteria in the Code that allows the number of establishments on the beach to be used as a basis for rejection of the request. He stated this Board recently approved use of a 2-APS license in the Walgreen's store and use of a license, either a COP or APS, a few blocks to the south of the proposed Pick Kwik store. He requested the Board treat the subject request the same as other requests recently approved and use the Code as the basis for its decision. He stated a requirement in the Code is the convenience to the public, which the proposed request would accomplish. Mr. Blakely submitted a petition signed by 258 people who live on the beach, live in the area, or have visited the area who support the request (see attached). He stated it is his understanding there is another petition with approximately 250 signatures of persons who support a Pick Kwik at the requested location. Mr. Blakely introduced Mr. Michael Boland who would address the issue of security at Pick Kwik stores. Mr. Michael Boland, Vice President with Pick Kwik Food Stores, stated that all employees who work at Pick Kwik stores undergo extensive training to prevent illegal sale of alcohol in Pick Kwik stores. He stated that stores currently located on Clearwater Beach employ a security guard whenever it is necessary to help move the people, to keep crowds from gathering, and to control noise and drinking in the parking lots. He assured the Board that a security guard would be made available to the subject store should it be deemed necessary. In opposition to the above request, the following persons appeared to give their comments: Ms. Eunice Hubbard, Camelot Motel, felt she was the most adversely impacted by the subject request as her motel is located directly across the street from the proposed store. She stated it has been difficult running the hotel for 18 years. She stated the 7-Eleven next door previously closed at midnight but is now open 24 hours a day, which she felt contributed to loss of business on the south side of the building. She felt the Pick Kwik across the street will affect the entire front of her building and will cause her to lose business in the front of the building. She felt the two corporations were "hemming" in her property and will cause her to lose business. She stated there is a parking problem on Clearwater Beach and parking was taken from her two years ago when parking meters were installed. She stated there is a lot of noise generated from the 7-Eleven and the proposed Pick Kwik will generate more noise. She stated the Police cannot be present at all times. She stated 7-Eleven is careful to whom they serve alcoholic beverages but there is trouble late at night. She stated young people are drinking and they loiter nearer to her property than the 7-Eleven. She questioned that the aforementioned petition was circulated on the south end of the beach and stated the petition was not brought to her. She felt there should not be the two convenience stores so close together. He stated, in addition to 7-Eleven and the proposed Pick Kwik, she sells beer as does Mr. Hamilton, and felt there were enough alcoholic beverage establishments in the area. Atty. Harry Cline, representative of Palm Pavilion, a family corporation owned by the Hamilton family, stated his appearance in objection is not on behalf of the Palm Pavilion but on behalf of the motel property, contiguous to the subject property, the Hamilton family has recently acquired. He stated the Hamilton's property has been used for many years as a hotel/motel and is presently being modernized and renovated. He also stated the subject property has been used for many years as an apartment/motel property with a very small neighborhood bar. He further stated the subject request poses a significant adverse change to the community. Mr. Cline stated the sale of alcoholic beverages will result in increased traffic, increased noise, and increased light. He also stated alcohol is already available in overwhelming quantities on the beach and he felt alcohol sales will be incompatible with the neighborhood and the community. He stated the subject request does not have staff recommended approval. He felt, if the request is approved, it will unreasonably diminish the use, enjoyment, and value of surrounding properties. Mr. Cline felt the applicant does not meet all Code requirements dealing with conditional uses as the proposed use is not compatible with existing uses, developing trends in the area, or in the public interest. Mr. Cline indicated on a map of Clearwater Beach the location of applicant's property, residential/bedroom usage, actual commercial uses in the area, and City-owned property. He stated Baymont Street is the line of demarcation, south of which is a four-lane road almost exclusively commercially developed and north of which is a two-lane road with a significant number of hotel/motel/condo/residential environments. He stated north of Baymont Street is a much quieter atmosphere. He also stated the commercial uses in the neighborhood are limited in an overall neighborhood standpoint. He felt package sales of alcoholic beverages at the subject location are inappropriate and will cause an adverse change in the community. Mr. Cline stated the photographs of other Pick Kwik stores were taken at stores located on arterial roads with no residential properties adjacent. He stated the proposed store will back up to residential properties. He stated the trend in the area is against this type of development. He felt the parks in the area were antagonistic to the proposed use. Mr. Cline felt there would be a significant traffic change on the north beach if the facility is built and some of the traffic change must be attributed to alcohol. Mr. Cline cited a nationwide traffic study which stated convenience stores are the second highest generators of traffic, second only to drive-in, fast-food restaurants (source: Trip Generation, 1987, 4th Edition, published by the Institute of Transportation Engineers in conjunction with Pinellas County ordinances dealing with traffic impacts.) Mr. Cline stated, that in working with City staff in Traffic Engineering, it was computed there would be approximately 1500 trips per day generated at the site which will be in contrast to the current impact of 600-500 trips per day. Mr. Cline stated staff has recommended denial based upon, in staff's opinion, the subject request would not be in the interest of the larger community. Mr. Cline requested the Board deny the above request since it does not meet all Code criteria. He requested the Board make specific findings that the use is not in the public interest and would not be compatible with the neighborhood because the community is predominantly a bedroom community, the application, if approved will increase traffic, light, and noise pollution in the community, it is not compatible with the neighborhood or the recent development, and staff has recommended denial. Mr. Cline submitted several letters from people in opposition to the above request (see attached). Herb Freitag, representing Chapel-By-The-Sea, stated the Church Board voted in opposition to the alcoholic beverage request by Pick Kwik for the following reasons: 1) There are already more than enough establishments on Clearwater Beach selling beer and wine; 2) There is a similar facility directly across the street and should meet alcoholic needs of the immediate community; 3) While not zoned residential, there are many residential and motel properties in the immediate area and beer and wine sales would adversely impact the area; 4) The Chapel-By-The-Sea is located one block from subject property; 5) Public facilities are located one block from subject property; 6) Another facility selling alcoholic beverages would harm the balance of the "living" area; and, 7) There may be additional problems for an already overburdened police force. He further stated the justification of constructing a more attractive facility on a site were unattractive buildings are now located does not convince anyone that this should be an establishment selling alcoholic beverages. Herbert W. Leonhardt, 706 Bayway Boulevard, stated he lives next door to the Pick Kwik at the south end of the beach. He stated the problem is not the owner or operator but the problems are those that are derived from the sale of alcoholic beverages and the customers to which owners and operators cater. He expressed concern about rowdiness and traffic. Ann Garris, 38 Acacia Street, speaking on behalf of the Clearwater Beach Association, stated the intersection where the subject property is located is unique in that the people living north of the site have no other way to go anywhere. She felt adding a facility that would add so much traffic to the intersection would be detrimental to the safety of the people on the north beach. She expressed concern that the fire station across the street would have a difficult time moving through traffic at the intersection. She felt the area is the recreation area of the beach. She expressed concern about sales of alcoholic beverages to minors. She also expressed concern about inadequate police protection. Frank Palombo, 644 Pearce Street, stated he would speak to the fact that there are 53 establishments on the beach selling alcoholic beverages. He also stated it is his position and the position of the Police Department that a proliferation of alcoholic beverage establishments in this particular area is cause of concern. He stated the area is well served by places currently selling for on-premise consumption and/or package sales of alcoholic beverages. He stated it is the Police Department's opinion that the area is well beyond the saturation point. Lt. Palombo commended the Pick Kwik management at 601 Bayway for their cooperation in the past but the fact that Pick Kwik must hire security guards to maintain order of the property is indicative of the problems that this type of operation brings into a community. He added that most Pick Kwik stores do not have security guards but Pick Kwik stores in the beach environment require security. He stated that the lights from vehicles entering and exiting the parking lots of stores has been a major source of complaints from neighbors. He stated traffic has been a problem and the Police have worked for three years trying to control traffic on the north end of the beach. He added that there are many traffic problems and much noise at the 7-Eleven across the street. He stated that adding another store of the same type in the area, along with the gas pumps, will increase the traffic and will overtax the police service in the area. He stated the Police Department supports the staff recommendation to deny the application. In support rebuttal, Daniel Baker, 105-D Cambridge Circle, Clearwater, current manager of a Pick Kwik Store, stated as late as January of last year he worked at the 7-Eleven across the street. He stated he worked nights and normally beer sales would stop at midnight. He also stated when the beer sales stop the traffic also stops and the noise stops. He further stated if there were problems in the parking lot, the employees could get people in the parking lot to leave. Mr. Baker felt there is not enough space at the 7-Eleven to take care of the traffic. He also felt there is plenty of room for additional people and an additional store across the street would not cut into any one's business because people are waiting in the street to get in to the 7-Eleven. Mr. Baker advised he stresses to his employees the importance of keeping an eye on stores' properties to watch for possible sales of alcoholic beverages to be resold to minors in parking lots. He also advised he and his employees will call police if they see a drunk driver and Pick Kwik tries its best to work with the community and abide by the laws of the community. In opposition rebuttal, Ms. Eunice Hubbard, stated there were not a lot of problems when 7-Eleven closed at midnight. She requested, if the Board approves the request, the store be required to close at midnight. She stated she stops her beer sales at 9:00 PM. In final rebuttal, Mr. Blakely felt the Board must remember the request is not to put a package store in an area where one does not already exist and the request is not invading the area that is not occupied by similar businesses. He felt the Code is in applicant's favor because the proposed use is in the middle of an area that is already surrounded on every side by a property that is selling alcoholic beverages for off-site or on-site consumption. He felt the proposed use at the subject location is not a new encroachment in to the neighborhood. He felt it is an important consideration in response to the comment that the proposed use is in a play area because the play area is already surrounded by alcoholic beverage establishments. Mr. Blakely felt the map used by Mr. Cline was deceiving in that all commercial areas were not colored the same as the subject property. He felt no competent evidence was produced to support the statement that traffic will increase and it defies logic to think the Pick Kwik store will increase traffic because people will not drive from other areas to come to the subject location. He also felt the testimony on behalf of the Police Department was puzzling because the official document from the Police Department contradicts what was stated by Lt. Palombo. Chairman Johnson closed the public hearing and advised the Board will discuss the request and make a decision. He stated that any person or persons feeling adversely affected by a decision of this Board in regard to conditional uses has two weeks from this date to file an appeal with the City Clerk's Office. He also advised that Florida law requires any party appealing a decision of this Board to have a record of the proceedings for the appeal. Ms. Nixon stated the comment about the official Police Department document which states that the "police has found no reason to deny this application" is based solely on the background check on the applicant which means he has not been convicted of a felony. She stated she believes the Palm Pavilion has a COP, consumption on premises, license and does not sell package sales. She also stated the Bikini Lounge currently at the subject location, if it has package sales, is a prior use that has not come under regulation of this Board. She stated if the Bikini Lounge changed ownership and came before this Board, this Board would have the authority to deny that particular request for package sales and alcohol consumption in that location if the Board deemed it not in the best interest of the community. She felt the comment about the proposed use not generating traffic is ludicrous because even if people are just driving by a convenience store, they will stop in at the store. She felt the request is totally incompatible with the neighborhood, its proximity to the Church is such that the activities at the Church are within the area. She also felt the lighting and the noise would not be in the best interest of the community and, even though the area is not specifically residential, the hotels and motels in the area would be severely impacted. Ms. Nixon felt the Board has diligently attempted to make sure the beach community is geared for tourists and comfort of tourists and residents and she felt alcohol sales at the subject location would not be compatible with those uses. She stated, though the petition was quite lengthy, she noted only two signatures from the north end of the beach and two from the south end of the beach but it appeared the other signatures were from people at a distant location. Ms. Nixon felt Mr. Baker's comment that when the beer sales stop the traffic stops indicated there was a traffic problem and that alcohol does present a problem. She stated that in light of her aforementioned statements she felt the use would not be compatible and would not vote in favor of the proposed use. Mr. Green stated there is a current license at the subject location, however, the comments by Mr. Cline and Ms. Garris were compelling on this issue. He felt the incompatibility with the neighborhood of a primarily not on-premise consumption is compelling. He stated the reasons stated by Mr. Cline plus the fact that the traffic bottleneck at the location and the lights in to the surrounding neighborhoods are compelling reasons to deny the request. Motion was made by Ms. Nixon, seconded by Mr. Mazur, to deny the request for proposed use of a 2-APS State license to the Pick Kwik Food Store on north Clearwater Beach. Motion carried (5 to 0). 4. (CONTINUED FROM 5/30/89) M&B 34.36, Sec. 01-29S-15E, (1710 Hercules Avenue) Clark Investments, Inc. (Sophia's Pizza Restaurant)/Peter Drakakis CU 89-38 Request - 2-COP (On-Premise Consumption of Alcoholic Beverages) Zoned - IL (Limited Industrial) Ms. Glatthorn explained the background of the case and submitted, in writing, the staff recommendation. After questioning by Ms. Nixon, Ms. Glatthorn clarified that during review of the request by staff it was discovered a parking variance would be required. Peter Drakakis, applicant, stated he is the owner of the restaurant which he has just opened. Mr. Drakakis advised he wants to sell beer and wine to help his business. 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 a parking variance be approved by the Development Code Adjustment Board. Motion carried unanimously (6 to 0). 5. Lots 5 and 6, Blk. B, Barbour-Morrow Sub. (423 Poinsettia Avenue) J.T.F. Associates (Clearwater Beach Mini-Mart)/Esther Ortega CU 89-39 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - CB (Beach Commercial) Ms. Glatthorn explained the background of the case and submitted, in writing, the staff recommendation. Ms. Hila Encarnacion, 1708 Madrid Drive, Largo, speaking on behalf of Esther Ortega, stated Mrs. Ortega is the owner of Estjo, Inc. and she has opened a small mini-mart at the subject location. She stated applicant has received requests for alcoholic beverages from many customers. She stated the subject property is surrounded by motels and the customers want to buy beer or wine at a nearby store to take to their motel rooms. She stated owners of hotels have also asked if alcoholic beverages will be sold. She also stated there is a nearby establishment that sells alcoholic beverages for on-premise consumption but that establishment does not sell package sales of beer. Ms. Encarnacion advised that Mrs. Ortega was not aware that she would need an attorney at this meeting and she is not fully prepared. She also advised the applicant is merely opening a small mini-mart and business is not going too well because customers are mostly asking for beer. She stated the applicant sells groceries, ice cream, and sausage rings. She reiterated that most of applicant's customers ask for package sales of beer. No persons appeared in support of or in opposition to the above request. Ms. Nixon stated she felt the same with this request as she did the previous request from Pick Kwik Foods (CU 89-37); that the beach is saturated. She stated it doesn't mean anything in terms of the Code but in this particular location, surrounded by duplexes, triplexes, and motels, she felt the requested use would be incompatible in terms of noise, lighting, and especially traffic impact on the very small street. She stated she would recommend denial. Mr. Johnson agreed and stated he inspected the premises. He felt the requested use would not be an enhancement or betterment to the City. He stated he would take the same position that he takes in all alcoholic beverage requests in that sales in certain areas are not good for the City. He advised he would not vote in favor of the subject request. Motion was made by Ms. Nixon, seconded by Mr. Ferrell, to deny the above request for package sales of alcoholic beverages (2-APS) at Clearwater Beach Mini-Mart. Motion carried (5 to 1) with Mr. Green voting "nay." Mr. Green stated he did not hear testimony on the subject request in favor of denial that was basically more than there were too many on the beach and he did not feel that is enough reason to deny the request. Ms. Nixon felt the subject location was worse than the other location in terms of surrounding uses. Mr. Green stated there was no testimony to that effect. Ms. Nixon felt it was common knowledge. 6. Lot 1, South Oaks Fashion Square (1520 McMullen-Booth Road) Booth Marketplace, Inc. (Publix Super Markets, Inc.)/Bill Curry/Janifer Ellis CU 89-40 Request - 2-APS (Package Sales of Alcoholic Beverages) Zoned - IPD (Industrial Planned Development) Mr. Mazur declared a possible conflict of interest (see form attached) and advised he will not vote in the Board's decision. Ms. Glatthorn explained the background of the case and submitted, in writing, the staff recommendation. Janifer Ellis, representative of Publix Super Markets, stated the above request is being made to sell beer and wine to the everyday shopper. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Ferrell, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the Occupational License be procured within six months. Motion carried (5 to 0). C. Annexation, Zoning, Land Use Plan Amendments, Land Development Code Text Amendments and Local Planning Agency Review: 1. (CONTINUED FROM 5/16/89 and 5/30/89) M&B 13.11, Sec. 12-29S-15E (Located at 1151 Kapp Drive) (NUS Corp.) A 89-07 Request - Annexation and Zoning, IL (Limited Industrial) The above property is located at 1151 Kapp Drive. Mr. Phil Schoenecke, representative of applicant, stated the property owner requests approval of the annexation in order to receive City sewer services. After questioning by Ms. Nixon, Mr. Schoenecke stated engineering, design work and light fabrication of materials, parts and components for the power industry will be performed at the subject location. Mr. Pruitt explained the background of the case and submitted, in writing, the staff recommendation. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, seconded by Mr. Mazur, to recommend approval of the request for annexation and IL (Limited Industrial) zoning. Motion carried unanimously (6 to 0). 2. Lot 9, Lake Lela Manor (Located on the south side of Brentwood Drive, approximately 100 feet east of Keene Road) (Clearwater Marine Science Center) A 89-11 Request - Annexation and Zoning RS-6 (Single Family Residential "Six") The above property is located on the south side of Brentwood Drive, approximately 100 feet east of Keene Road. The applicant was not present. Mr. Pruitt explained the background of the case and submitted, in writing, the staff recommendation. Mr. Pruitt stated the property was recently sold to a Mr. Pontes. Motion was made by Mr. Mazur, seconded by Mr. Green, to recommend approval of the annexation and RS-6 (Single Family Residential "Six") zoning. Motion carried unanimously (6 to 0). Ms. Nixon advised she felt it was not necessary to declare a conflict of interest but stated, for the record, she just finished a two-year term on the Board of Directors of the Clearwater Marine Science Center. 3. Portion of Lot 1, Pinellas Groves Sub. (Located at the southwest corner of Sunset Point Road and Hercules Avenue) (Florida National Bank) LUP 89-07 Z 89-08 Land Use Plan: FROM: Residential/Office TO: Commercial/Tourist Facility Zoning Atlas: FROM: OL (Limited Office) TO: CG (General Commercial) The above property is located at the southwest corner of Sunset Point Road and Hercules Avenue. Margaret Bowles, representative of Amoco Oil Company, stated the requested Land Use Plan and Zoning amendments are requested for the purpose of constructing a gas station, convenience store, and car wash on site. She felt the requests should be approved because extenuating circumstances existed as the property is between industrial and commercial uses. She outlined the surrounding uses and felt a buffer of Limited Office was not necessary. Ms. Bowles advised the applicant would agree to a development agreement to insure to the City that what is placed on the site would be aesthetically pleasing. Mr. Pruitt explained the background of the case and submitted, in writing, the staff recommendation. After questioning by Mr. Green, Mr. Pruitt stated the Mobil Station across the street in an unincorporated area of the County. In support, John Skicewicz, attorney for Florida National Bank, stated the bank decided to close this branch because of lack of banking activity. He advised the bank first approached other banking operations without positive response to purchasing the property. He also advised office developers of the property and no interest was expressed in purchasing the property. He felt the current zoning was a hardship and felt the change would be logical and productive. After questioning by Mr. Johnson, Mr. Skicewicz advised it is his understanding the Mobil Station across the street is to be razed and rebuilt. Ms. Bowles felt the report concerning traffic impact does not address the actual trip generation in that only 40% of trips are generated by a site such as the subject site. She stated the proposed use would generate less trips than a bank would generate. After questioning by Mr. Ferrell, Ms. Bowles stated Amoco would not have a problem agreeing to a CN (Neighborhood Commercial) but there would be a risk of not receiving approval of a variance for additional pumps. After questioning by Mr. Mazur, Mr. Pruitt stated when the Pinellas Planning Council was reconstituted there was inquiry as to where there was a conflict with the City's and County's Land Use Plan, one of which is the subject area. He stated there have been conflicts in the area for some time as the City shows Medium Density Residential on the Land Use Plan with no authority to make a change. He also stated the City is trying to achieve an area that is compatible with the residential, noncommercial nature of Sunset Point Road. After questioning by Mr. Hamilton, Mr. Pruitt advised if Mobil Oil is reconstructed while in the County and later annexes in to the City, the City would consider two points: 1) That the property would be in conformance with the Land Use Plan; 2) That the property would be considered an existing use. Ms. Nixon felt the particular location does not need to be rezoned to a higher density and felt maintaining Sunset Point Road as a less congested zoning category is important. She felt this type development across the street from a nursing home would not be compatible. She felt the current zoning provides for compatible, transitional uses between the residential and the commercial areas. She also expressed concern about setting a precedent if the property is rezoned. Mr. Johnson expressed concern about building height and he felt the zoning should remain the same. Mr. Green expressed concern about the intersection and about the ingress and egress of traffic to and from the gas station. Mr. Hamilton questioned whether the Board should recommend the property be rezoned to Neighborhood Commercial. Mr. Ferrell stated he would agree to Neighborhood Commercial zoning but not General Commercial. Motion was made by Ms. Nixon, seconded by Mr. Green to recommend denial of the Land Use Plan amendment from Residential/Office to Commercial/Tourist Facilities and the Zoning Atlas amendment from OL (Limited Office) to CG (General Commercial). Motion carried unanimously (6 to 0). 4. M&B 44.11, Sec. 21-29S-15E (Located on the east side of South Ft. Harrison Avenue, approximately 500 feet south of Woodlawn Street) (Chiavatti Development) Z 89-09 Zoning Atlas: FROM: CR-24 (Resort Commercial "Twenty-Four") TO: CN (Neighborhood Commercial) The above property is located on the east side of South Ft. Harrison Avenue, approximately 500 feet south of Woodlawn Street. Mr. Jeff Moore, representative of property owner, stated the subject property is located just south of the Fairwinds facility. He added Fairwinds is proposing to use the property for additional administrative office space. He clarified that Fairwinds is neither a detoxification facility nor a lock-up facility. After questioning by Mr. Green, Mr. Pruitt advised the use would be a permitted use in the Neighborhood Commercial zoning district. Mr. Pruitt explained the background of the case and submitted, in writing, the staff recommendation. No person appeared in support of or in opposition to the above request. Motion was made by Ms. Nixon, seconded by Mr. Hamilton, to recommend approval of the request for a Zoning Atlas amendment from CR-24 (Resort Commercial "Twenty-Four") to CN (Neighborhood Commercial). Motion carried unanimously 6 to 0). ITEMS C.5; C.6; C.7; AND C.8 WERE DISCUSSED TOGETHER 5. Land Development Code Text Amendment: Chapter 135, creating Sections 135.1001 through 135.1007 (PROPOSED ORDINANCE) To Establish the North Greenwood Commercial District. Providing for permitted and conditional uses within the District; establishing use limitation, dimensional and numerical development requirements and an optional reduction of parking standards for the district; amendment Section 134.010, Code of Ordinances, to establish sign regulations for the North Greenwood Commercial District; creating Section 137.0235, Code of Ordinances, to establish the North Greenwood Design Review Board; establishing the membership, officers, powers and duties of the Board; establishing North Greenwood Design Standards and a scoring system to evaluate building plans for the district; amendment Sec. 136.006, Code of Ordinances, relating to the minimum structural setback for properties fronting on Greenwood Avenue between Palmetto Street and Marshall Street. LDCA 89-05. 6. Lots 9 through 16, Blk. 1, Lincoln Place Sub. (Located on the east side of Taft Avenue, between Grant Street and Carlton Street) (Multiple Owners/City of Clearwater) LUP 89-03 Z 89-03 Land Use Plan: FROM: Commercial/Tourist Facility TO: Medium Density Residential Zoning Atlas: FROM: CN (Neighborhood Commercial) TO: RM-16 (Multiple Family Residential "Sixteen") 7. M&B 24.01, Sec. 10-29S-15E (Located at the southeast corner of the intersection of North Greenwood Avenue and Palm Bluff Street) (Willow Run, Inc./City of Clearwater) LUP 89-04 Z 89-04 Land Use Plan: FROM: High Density Residential TO: Commercial/Tourist Facility Zoning Atlas: FROM: RM-24 (Multiple Family Residential "Twenty-Four") TO: CNG (North Greenwood Commercial) 8. Lots 1 through 4, Lots 7 and 8, Blk. 1, Lincoln Place Sub., Lots 6 through 11, Blk. 3, Jackson's C.E. Sub., Lots 6 through 11, Blk. D, Lots 31 and 32, Palm Park Sub., Lots 1 through 7, Greenwood Manor, Lots 1 through 3 and Lots 10 through 12, Mason's Sub., Lots 32 through 35 Blk. F, Lots 32 through 35, Blk. E, Lots 32 through 35, Blk. D, Greenwood Park No. 2, Lots 15 through 18, Blk. C, Lots 15 through 18, Blk. B, Greenwood Park (Located east and/or west of North Greenwood Avenue between Grant Street on the north and Palmetto Street on the south) (Multiple Owners/City of Clearwater) Z 89-05 Zoning Atlas: FROM: CN (Neighborhood Commercial) TO: CNG (North Greenwood Commercial) Mr. Pruitt advised staff recommended the above items be continued to the Planning and Zoning Board Meeting of July 18, 1989 in order to more appropriately determine if what is proposed is proper. He stated the North Greenwood effort began approximately one and one-half years ago as a result of the community asking that a plan be prepared for the North Greenwood area. Motion was made by Mr. Hamilton, seconded by Mr. Ferrell, to continue Items C.5; C.6; C.7; and C.8 to the Planning and Zoning Board Meeting of July 18, 1989. Motion carried unanimously (6 to 0). D. Chairman's Items Mr. Johnson welcomed Ed Mazur as the new member to the Planning and Zoning Board. Mr. Johnson thank Mr. Polatty for the additional information that is now being given to the members of the Board. He felt the staff recommendations have been very helpful. Mr. Hamilton stated the business community also felt the written staff recommendations were a positive step for the Planning and Development Department. Meeting adjourned at 3:37 PM.