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06/27/1989 (2) 'e< ~I. .:.' .~. . . . P&Z . ;::.::~ PLANNING &. ZONING BOARD DATE 1~AJMn(. 040 g ".a......__........_..... '. :,1 I ! e, A. I 'r. !~ ~ ;-~: ~ ;:~ ,e, - _Of ..~ . PLEDGE OF ALLEGIANCE r"" INVOCATION ITEM AcrION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, JUNE 27, 1989 - 1:30 PM A. Approval of minutes of May 30, 1989 Approval of minutes of June 13, 1989 CONDmONAL USES: ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below: 1. The Chairman reads from the Public Hearing Notice each item as it is presented. 2. The Planning Director advises the Board of any pertinent background information. 3. The applicant or his representative presents his case. 4. Persons who support the application speak. 5. The Planning Director presents any supporting written documents. 6. Persons who oppose the application speak. 7. The Planning Director presents any opposing written documents. 8. Persons supporting the application (other than applicant) may speak in rebuttal. 9. Persons opposing may speak in rebuttal. 10. The applicant has an opportunity for fmal rebuttal. 11. The Board makes a decision. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. Conditional Uses: (,. 1. (CONTINUED FROM 5tm1J, 5116/89, and 513(189) Lot 3 and part of Lot 4, Blk. 84, Mandalay Replat Unit 5 (647 Mandalay Avenue) Laura H. Wagner (The Ship Wreck)/Larry H. Wagner CD 89-27 Request - 4-COP-SRX (On-Premise Consumption of Alcoholic Beverages) Zoned - CB (Beach Commercial) 2. Lot 8, Blk A, Bayside Sub. #5 (612 Bayway Boulevard) Wadid Moussa/Ress Marine Construction Co. CD 89-41 Request - Marina (Installation of three boat slips with two access walks and four-tie piling) Zoned - CR-28 (Resort Commercial "Twenty-Eight") AND ALlC (Aquatic Lands/Coastal) lv- P & Z AGENDA 1 06(27/89 . ..- "', ~. , ,.,~. . . . " 3. Lot 1 less south 385 feet) Sever Park (880 U.s. Hwy. 19 SOllth) South Gate Park, Inc.rrondelli Engineering CU 89.42 (~'" Request - Outdoor Commercial Recreation/Entertainment Zoned - CH (I-lighway Commercial) 4. Portion M&B 31.04, Section 18-29S-16E (2359 Gulf-to-Bay Boulevard) Lokey Oldsmobile, Inc./Donald McParland CU 89.43 Request . Outdoor Retail Sales) Displays andlor Storage Zoned . CO (General COIl1I11ercial) 5. M&B 13.01, Sec. OS-29S-15E (U6 Island Way) Helga Glaesel (Blizzard's Bay Cafe )/Debra Clark & Peter Dykeman CU 89.44 Request - 2-COP (On PreJJ1i.se Consumption of Alcoholic Beverages) Zoned - CC (Commercial Center) 6. Lots 1 and 2, Haas Sub., and Part of Lot (' 3, Blackburn Sub. (1950 U.S. Hwy.19 lti,~: " North) Keller Investment Properties, Inc./Kurt Y oang CU 89-45 Request - 1. Olltdoor Retail Sales, Displays andlor Storage; AND 2. Temporary Building (Sales Trailer) Zoned - CH (I-lighway Commercial) ANNEXATION. ZONING. LAND USE PLAN AMENDMEN1.'S.. LAND DEVELOPMENT CODE TEX:r AMENDMENTS. AND WCAL PLANNING AGENCY REVIEW: (1) Statement of case by applicant - 5 minutes (2) Presentation by staff. 5 minutes (3) Comments from public in support/opposition: individual - 3 minutes spokesperson for group - 10 minlJt~ (4) Public Hearings are closed (5) Discussion! Action by Board ("" P & Z AGENDA 2 06/27/89 ,.'ro"' , e ~. l/ P & Z AGENDA 3 l..~'. "', .:' _,,: . I " ~~" >.... .,., I -, . 06/27/89 .,,"_i,~<..':'~ .,"..; ;:'1.;......~. ,.' .:," ,,~; ,1.. NINUTES PLANNING & ZONING BOARD TUESDAY, JUNE 27, 1989 - 1:30 PM Members Present: Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Green, Hamilton, Mazur, and Schwob (~" A. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the minutes of the May 30, 1989 meeting as written. Motion carried ananimously (7 to 0). Motion was made by Mr. Hamilton, seconded by Mr. Green, to continue approval of the minutes of the June 13, 1989 meeting. Motion carried unanimously (7 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 Eoard to have a record of the proceedings to support the appeal. ITEMS ARE L~TED IN AGENDA ORDER TIIOUGH NOT NECFSSARlLY DISCUSSED IN THAT ORDER. B. Conditional Uses: 1. (CONT.NUED FROM 512189, 5116/89, and 5/3(189) Lot 3 and part of Lot 4, Blk. 84, Mandalay Replat Unit 5 (647 Mandalay Avenue) Laura H. Wagner (The Ship Wreck)!Larry H. Wagner CO 89-27 Request - Zoned - 4-COP-SRX (On-Premise Consumption of Alcoholic Beverages) CB (Beach Commercial) Mr. Polatty explained tIle background of the case and submitted, in writing, tne staff recommendation. Mr. Folatty advised one letter of support was received from a neighboring property owner. ~";, Mr. Folatty advised one letter of opposition was received from a neighboring property owner. ','.'1, Ms. Patricia Muscarella, representative of applicant, stated applicant is proposing to change the license designation from a 2-COP to a 4-COP-SRX state license, which requires 51 % of total sales be in food sales. She stated the applicant also proposed an expansion of just under 1,000 square feet which will require a parking variance of five parking spaces. She advised applicant has no objection to staff conditions. After questioning by Mr. Schwob, Ms. Muscarella advised applicant sh()uld have no problem in meeting the food sales requirement. She added the applican.t is the same owner and operator of the current establishment. Motion was made by Mr. Schwab, seconded by Mr. Hamilton, to approve the above request subject to the following conditions: 1) That a parking variance be obtained from the Development Code Adjustment Board; and, 2) that a variance to requirements for separation from residential uses be obtained from the City Commission. Motion carried unanimously (7 to 0). No persons appeared in support of or in opposition to the above request. 2. Lot 8, Blk A, Bayside Sub. #5 (612 Bayway Boulevard) Wadid MoussaJRess Marine Constr\lction Co. CO 89-41 Request - Zoned . Marina (Installation of tl1ree boat slips with two access walks and four-tie piling) CR-2B (Resort Commercial"Twenty-Eight") AND AL/C (Aquatic Lands/Coastal) Mr. Folatty explained tbe background of the case and submitted, in writing, the staff recommendation. ; ~.. Mr. Robert Ress, representative of applicant, stated the applicant wants to install three boat slips with two access walks. After questioning by Mr. Mazur, Mr. Ress stated the slips will be for the use of the property owner when the property is sold. He also stated this is the first step in conjunction with a 4O-unit condominium. Mr. Hilton explained the intent of the slips is for the enjoyment of the property owners. P & Z MINUTES 1 06/27/89 " .l" . .. Request - Zoned - Outdoor Retail Sales, Displays and/or Storage CG (General Commercial) Mr. PolaUy advised one letter of opposition was received from the property owner at 606 llayway Boulevard who expressed concern that tbe marina would obstruct the view. I" t Mr. Ress statcd he was aware of opposition from the resident at 620 Bayway Boulcvard. Mr. Schwob stated the marina cannot be used commercially unless specifically approved by this Board. No persons appeared in sllpport 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 docks be for the exclusive use and enjoyment of private property owners. Motion carried unanimously (7 to 0). 3. Lot 1 less sOlltll 385 feet, Sever Park (880 U.S. Hwy. 19 South) South Gate Park, Inc.rrondelli Engineering CU 89-42 f ( Request - Zoned - Outdoor Commercial Recreation/Entcrtainrnent CH (Highway Commercial) The applicant was not present. Motion was made by Mr. Hamilton, seconded by Mr. Mazur, to continue the above request to the Planning and Zoning Board meeting of July 18, 1989. Motion carried unanimously (7 to 0). 4. Portion M&B 31.04, Section 18.29S-16E (2359 Gulf-to.Bay Boulevard) Lokey Oldsm()bile, Inc./Donald McFarland CU 89-43 (' Mr. Polatty explained the background of the case and submitted, in writing, the staff recommendation. Mr. Donald O. McFarland, representative of property owner, stated the property owner acquired the properly in July, 1988 and it was recently brought to the property owner's altention that continued use of the property would require approval by tlte City. He stated applicant is requesting approval of a use that is currently taking place on the property. After questioning by Ms. Nixon, Mr. McFarland stated the property owner did not need a building permit and there are no current intentions of changing any use. He advised the property owner intends to come back to this Board in the future to make an additional request. After questioning by Mr. Johnson, Mr. McFarland stated the property is currently being used for parking. After questioning by Mr. Polatty, Mr. McFarland stated he had no problem with the conditions, he suggested the request be approved with the conditions, and he stated he will work City staff regarding the conditions. (". No persons appeared in sllpport of or in opposition to the above request. Discussion followed regarding whether conditions of approval were subject to negotiation and staff clarified that the Board is the ftnal authority for conditional use requests. After questioning by the Board, Mr. McFarland stated he has some probleDls with the conditions of approval but stated the property owner would comply. Motion was made by Mr. Mazur, seconded bylMr. Ferrell, to approve the above request subject to the following: 1) That a certified site plan be approved before issuance of a building permit; 2) That a subdivision plat be certified; and, 3) That all landscaping will be provided, as required in the Land Development Code, during the site plan review process. Motion carried unanimously (7 to 0). 5. M&B 13.01, Sec. 08-29S-15E (126 Island Way) Helga Glaesel (Buzzard's Bay Cafe )/Debra Clark & Peter Dykeman CU 89-44 ( l__ Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CC (Commercial Center) Ms. G latthorn explained tbe background of the case and submitted, in writing, the staff recommendation. P & Z MINUTES 2 06/27/89 : "J' l;~.,:'.. -:'., 1'~' ":r:"~:.':'I!~" ;r"~""';"> '{ ~'_~;; O>~ ~':". ~~. ::..~\.i "..,}~.~~... '...... Mr. Peter Dykeman, representative of applicant, advised tbe property was previously a restaurant. He stated 110t many changes will be made except to add possibly add a few seats. After questioning by Mr. Hamilton, Mr. Dykeman stated New England type seafood will be served in the restaurant. ./'''''' ( 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 an occupational license be obtained within 6 months; and 2) That tbe 2-COP alcoholic beverage license be obtained within 6 months. Motion carried unanimously (7 to 0). 6. Lots 1 and 2, Haas Sub., and Part of Lot 3, 13lackburn Sub. (1950 U.S. Hwy. 19 North) Keller Investment Properties, Inc./Kurt Young CU 89-45 Request - 1. Outdoor Retail Sales, Displays and/or Storage; AND 2. Temporary Building (Sales Trailer) Zoned - CH (Highway Commercial) Mr. Ferrell declared a possible conflict of interest (see attached) and advised he would not participate in the vote on the subject request. Ms. Glatthorn explained the background of the case and submitted, in writing, the staff recommendation. Mr. Daniel L_ Walker, representative of applicant and General Manager of Harborage at Bayboro, stated the Harborage wants to have a sales operation in Clearwater. He stated the inventory will be approximately 8 to 12 boats, approximately 25 feet long. He advised the subject location will be used only as a sales office. After questioning by Mr. Schwab, Mr. Waller stated there will be no starting of boats or flushing of engines, all boats will be rigged at the St. Petersburg location and brought to Clearwater, and there will be no mechanics on dllty at the subject location. t:f' ir."c, No persons appeared in support of or in opposition to the above request. Motion was m.ade by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to the following: 1) That an occllpationallicense be obtained within 6 months; 2) That the closing time be set for 10:00 PM; 3) That, if provided, lighting shall be arranged and installed to deflect, shade, and focus lights away from adjacent properties; and 4) That a peI'lllanent structure sball replace the temporary structure within one (1) year or the applicant must reapply for conditional use approval. Motion carried unanimously (6 to 0). c. Annexation. Zoning. Land Use Plan and I.oca1 Plannin~ AJtencv Review: 1. Lot 12, and north 25 feet of Lot 11, Kapok Forest Sub. (Located at 1231 Kapok Circle) (Williams) A 89-12 Request - Annexation and Zoning RS.8 (Single-Family Residentiall'Eightlt) The above property is located at 1231 Kapok Circle. The applicant was not present. Ms. Pap andreas 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. Mazur, seconded by Mr. Hamilton, to recommend approval of the request for annexation and RS-8 (Single Family Residential "Eight") zoning. Motion carried unanimously (7 to 0). f ,....< P & Z MINUTES 3 06/27/89 ~ (' t:i' \. ( \.~.., ( '.' ~~:, 2, PARCEL #1 East 1/2 of Lot 7, all of Lot 8, west 32.5 feet of Lots 9 and 18, all of Lot 19 and east 1/2 of Lot 20, Elk, 44, Unit 1, Sec. A, Chautauqua Sub. (Located at 2677 Third Avenue) (Koppe) AND PARCEL #2 Lots 9 and 18, less the west 32.5 feet and all of Lots 10 through 17, Blk. 44, Unit 1, Sec, A, Cb.autauqua Sub. (Located at 2693 Third Avenue) (R llgullies) A 89-13 Request - Annexation and Zoning RS-2 (Single-Family Residential "Two") The above properties are located at 2677 and 2693 Third Avenue. The property owner of 2677 Third Avenue was not present. Ms. Maria Rugullies, property owner of 2693 Third Avenue, appeared to answer any questions the Board JUay have. Ms. Papandreas explained the background of the case and submitted, in writing, the slaff recommendation. 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 reqllcst for annexation and RS-2 (Single Family Rcsidential "Two") zoning. Motion carried unanimously (7 to 0). 3. Lot 17, less west 300 feet, Clearwater Industrial Park (Located on the south side of Calumet Street, 700 feet west of Belcher Road) (National Data Products, Inc.) LUP 89-08 Z 89-10 Land Use Plan= FROM: Public/Semi-Public TO: Industrial Zoning: Atlas: FROM: P/SP (Public/Semi-Public) TO: IL (Limited Industrial) The above property is located on the south side of Calumet Street, 700 feet west of Belcher Road. Mr. :Michael Robertson, National Data Products, Inc., stated the property was recently acquired from UP ARC. He also stated a similar request was made for thc other portion of the property about one year ago. Mr. Robertson stated applicant is required to have the subject property rezoned before building permits can be issued. Ms. Papandreas 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. Ferrell, seconded by Mr. Schwob, to recommend approval of the request for zoning atlas aDlendmcnt from P/SP (Public/Semi-Public) to IL (Limited Industrial) and a Land Use Plan amendxnent from Public/Semi-Public to Industrial. Motion carried unanimously (7 to 0). E. Director's Items Mr. Polatty advised that appeals were fIled in the Pick.Kwik (CD 89-37) and the Clearwater Beach Mini :Mart (eU 89.39) cases, both of whicl1 were denied by the Planning and Zoning Board on June 15, 1989. He also stated he would update the Board when the hearings are scheduled. P & Z MINUTES 4 06/27/89 , ,i.~~ Ji" .~1 J' ~if <-~ii ~ ~~ ;.;'~.1t.,.:;"l:.':.;~~;:l.J; ~;..;.;~,,;:. Af';}?(,,:;, >i.\'~;":':~,l#~>.: l' " F. Board and Stafi Comments E......e'" V/:, .. (c. ,.e .e e i.",. Discussion followed regarding the Board being more specific in its reasons for approval or denial of a conditional use. The Board, in general, felt it was being specific in its reasons for approving or denying conditional uses. Mr. Polatty suggested the Board may want to consider stating its reasons in both conditional uses and annexation and zoning items. It was suggested that findings of fact be included in motions for approval or denial of all items listed on the Planning and Zoning Board agendas. Discussion followed regarding the written staff recommendations. The Board felt the recommendations were helpful but questioned if applicants would request continuances of items if they knew their requests were recommended for denial. The Board suggested, if possible, staff keep track of those items for which continuances are requested when staff recommends denial. The meeting adjowned at 3:25 PM. (/? ~.r' , l " ,~(,::",; r t.: "~ ; - \......". P & Z MINUTES 5 06/27/89 , . : ',1 L:,;..~ii' ~";';,.::' " ,:' ." '1 ~'. . ''':.~.i;'' ....'.;: -4" , ..', ", " . ,,'" '. .',. "" ' , , " .. ','. , ',.,' f . ' " . , c. FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE LAST NAME-rIRST NAMt:-M\t)l)LI:: NAMf. V". 2432 Fairbanks Drive Planning and Zoning Board 1m: BOARD. COUNCil.. COMMISSION, AUTHORITY, OR COMMITTEE ON WtflCH I SERVE IS ^ UNIT OF: iX ell Y '\! ('OUNTY I 1 CHHER I.OCAl AGENCY Ferrell, Arden Arthur tLlN(i ^Ol)RES~ I' Ie nn' COUNT.... NAME 01-= POLITICAl. SUR1HVISION: , Clearwater Pinellas DAl EON WHIC" von: O<.TURREO June 27, 1989 MY POSITION IS: 1.1 ELECTIVE Vi AI'POINTIV~ '- WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or commiuee. It applies equally 10 members of advisory and l1on.advisory bodies who are presented with a voting connict of interest under Sectiun 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to us~ it in mak.ing the disclosure required by law. Your responsibilitie~ under the law when faced with a measure in which you have a con flict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close atlcntion to the instructions on this form before completing the reverse side and filing the form. ~. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES \ ~.. ELEe"I'ED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (or her than a government agency) by whom he is retained. In either case, you should disclose the connict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFfER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFfiCERS: A person holding appointive county, municipal, or other local public office MUST ABS1AI N from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to tile special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a mailer in which he has a conflict of interest, but must disclose the nature of the connict before making any attempt to influence the decision by oral or written cornmunication, whether rnade by the officer or at his direction. IF YOU INTEND TO MAKE ANY AlTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WI LL BE TAKEN: ' " You should complete and file this form (before making any 3lternpt 10 influence the decision) with the person responsible for recording the minules of the meeting, who will incorporate the form in the minutes. \ .' · A copy of the forrn should be prO\:ided immediately to the olher members of the agency. · The form should be read publicly at the meeting prior 10 comideration of the matter in which you have a conflict of interest. (I I 11M \I 1(1) 1111111 ovep' " :,'.,:, .,' """1- \.. ,'. .": r<'~,. .:-:t. PAOE . : I : " " ' , . . ,I .. ., " , ~ . - . ' , . '!'. '. _c. . . I, .. . Arden A. Fe~rell , hereby disclose that on Jlll1e 27, . 19 89 IF YOU MAKE NO ATIEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: /"", \ · You should disclose orally the nature of your conflict in the measure: berore participatin.g. . i I . , . You should complete the form. and rile: it within IS da,Ys after t~e VOle occurs with the person respo~sible for recording the minutes ""Ie' of the meeting, who should Incorporate the form In t~le minutes. . . , '. DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) . H n n . ' p _ inured 10 my special private gain: or -X- inured to the special gain of Florida Power Corporation , by whom I am retained. (b) Th~ measure before my agency and the nature of my interest in the measure is as follows: I am employed as an archi teet with Florida Power Corporation, a subsidiary of Florida Progress Corporation, who also olms the Harborage at Bayboro (.Agenda Item No. B-6, conditional use request, June 27, 1989 meeting). ,'".t. /< . ~.: '(; "I \j:~:.::' June 28, 1989 ~.~ "." " i I Date Filed \ \;, . NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.3Ii (1985), A FAILURE 10 MAKE ANY REQUIRED'" DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND. OR A CIVil PENALTY NOT TO EXCEED $5,000.