01/16/1990 MINUTES
PLANNING & ZONING BOARD
TUESDAY, JANUARY 16, 1990, 1:30 PM
Members Present: Chairman Johnson, Ms. Nixon, Messrs. Mazur, Schwob, Ferrell, Green, and Hamilton (arrived 1:35 p.m.)
Also Present: M. A. Galbraith, City Attorney
A. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to approve the minutes of the October 31, 1989 and November 14, 1989 meetings as written. Motion carried unanimously (6 to 0).
Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses,
has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings
to support the appeal.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. Conditional Uses:
1. M & B 42.04, Sec. 30-28-16 (2601-A U.S. 19 N.)
Sears Roebuck & Co./Brash
CU 90-02
Request - Outdoor Retail Sales/Displays
Zoned - CC (Commercial Center)
Mr. Polatty presented the background of the case and submitted, in writing, the staff recommendations. He stated one letter of objection was received. In regard to the Traffic Engineer's
comments, Mr. Polatty explained the uses of the center and it appears the applicant will still meet Code requirements.
Mr. Donald Brash, Manager of Visual Sales for Sears, advised the Garden Shop has been discontinued due to traffic problems and that the request is to relocate the Garden Shop from the
main store to the Auto Center which would make it attractive rather than an eyesore. In response to a question by Mr. Schwob, Mr. Brash explained the Garden Shop would be a screened
enclosure.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob and seconded by Mr. Ferrell to approve this request with staff's recommendation that the approval be subject to: (1) the requisite building permit being
obtained within six (6) months, and (2) the requisite variances be approved by the Development Code Adjustment Board. Motion carried unanimously (7 to 0).
2. M & B 33.05, Sec. 20-29-16 (1595 U.S. 19 S.)
Brenton Reef Co./Graves
CU 90-03
Request - 4-COP SRX (On Premise consumption of beer and wine (NEW LICENSE)
Zoned - CC (Commercial Center)
Mr. Polatty presented the background of the case and submitted, in writing, the staff recommendations.
Gregory Stinson, Operations Manager, Brenton Reef Company, stated their Sarasota restaurant currently maintains 76% food sales and 24% alcoholic beverage sales. He advised that $2,000,000
has been invested in remodeling and there would not be any live entertainment.
Paul Graves, owner, stated they will be putting an abandoned building back in service, adding a deck and extensive remodeling.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob and seconded by Mr. Hamilton to approve this request with staff's recommendation that the approval be subject to the requisite occupational license being
obtained within six (6) months. Motion carried unanimously (7 to 0).
C. Annexations:
1. Part Lot 3, Mosell Acres (2135 NE Coachman Rd)
Eckel
A 89-22 LUP 89-14
Request - Annexation and Zoning, OL (Limited Office)
LAND USE PLAN:
FROM: None
TO: Residential/Office
Mr. Polatty presented the background of the case and submitted, in writing, the staff recommendations.
Mr. Johnson questioned whether or not this item should be continued due to the applicant's absence at this hearing. Discussion ensued and it was determined items of this type are often
approved without the applicant being present.
The applicant was not present, and no persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton and seconded by Mr. Green to approve this request. Motion carried unanimously (7 to 0).
D. Master Site Plan Review and Zoning Atlas Amendment:
1. Lots 1 and 2, Sec. 6-29-16 & Sec. 7-29-16
(Loehman's Plaza) (Located at the NW corner
of U.S. 19 & N.E. Coachman Rd.)
Principal Mutual Life Insurance/
Brandon Nu-West Clearwater, Ltd.)
Z 90-01
ZONING ATLAS
FROM: CC (Commercial Center
TO: CPD (Commercial Planned Development)
Mr. Polatty reviewed with the Board the above request and advised this item is to be continued.
Motion was made by Mr. Schwob and seconded by Mr. Ferrell to continue this item to the meeting of February 13, 1990. Motion carried unanimously (7 to 0).
E. Chairman's Items
Mr. Johnson stated that the applicant's presence shall be determined before an item is presented or discussed.
F. Director's Items - None
G. Board & Staff Comments
Mr. Hamilton commented he felt that there is a need to have the Board's minutes provided to the Board members much faster.
Workshop - Alcoholic Beverage Sales
Mr. Richter presented maps which identifies locations of all alcoholic beverage establishments in the City of Clearwater.
In discussion many concerns were addressed which include the following: purchasing gasoline and alcoholic beverages at the same location; the sale of single servings of alcoholic beverages
with gasoline; and the Board's ability to deny alcoholic beverage conditional use requests.
Mr. Galbraith advised it would be difficult to defend a denial or a condition to not sell alcohol and gasoline at the same location, as there is no data to support that there is direct
link to purchasing alcohol at an establishment that sells gasoline and alcohol to drunk driving.
Mr. Galbraith made the following recommendations to the Board: (1) The current Clearwater Code's only zoning district that does not allow the sale of alcoholic beverages is residential;
in all other zoning districts it is permissible as a conditional use. There should be consideration made to change the zoning district regulations. (2) Reconsideration of a fixed
separation distance requirement with the elimination of variances should be made.
Mr. Mazur felt a special meeting to discuss this issue should be scheduled so that deliberations would not be rushed.
Meeting adjourned at 3:30 p.m.
James M. Polatty, Jr., AICP, Director
Planning and Development Department