04/30/1991 (2)
ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, APRIL 30, 1991 - 1 :30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
illM
ACTION
A.
APPROVAL OF MINUTES
,. April 2, 1991
2. April 16, 1991 '
APPROVED
APPROVED
CQNomONAL USES. ANNEXATION. ZONING, LAND USE PlAN AMENDMENTS. lAND
DEVaOPMENT CODE TEXT AMENDMENTS. AND LOCAL PlANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONOmONAL USE REQUESTS IS GIVEN UNDER OATH.
1. The Chairperson reads from the Public Hearing Notice each item as it is presented.
2. The staff report and pertinent background information are presented. - 5 minutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. . 5 minutes maximum.
6. Persons who support the application speak - 3 minutes maximum for each individual;
or spokesperson for group - 10 minutes maximum.
7. Persons who oppose the application speak. 3 minutes maximum for each individual; or
spokesperson for group - 10 minutes maximum.
8. Persons supporting the application (other than applicantl may speak in rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebuttal. 3 minutes maximum.
10. The applicant has an opportunity for final rebuttal - 5 minutes maximum.
, ,. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS 'BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
1.
Lots 1-10/ Blk. C, Bayside Shores Sub., (735
Bayway Blvd.) William Kebort (Cabana's
(previously Sharkev/sll
CU 91.30
Withdrawn
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B. REQUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
1.
CONTINUED FROM APRIL 16. 1991
Lot 24 and east 112 of vacated street on west,
Blk. 24, Marymont Sub. (1902 Drew Streetl
Alternative Auto/Mark A. Arner
CU 91-29
Continued to May 14/ 1991
Request - To permit 1) outdoor retail sales,
displays andlor storage (automobile sales) and 2)
vehicle service
Zoned. CG (General Commerciall
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C. CONOmONAL USES:
Request. To permit on premise consumption of
beer, wine and liquor
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Zoned - CB (Beach Commercial)
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P & Z ACTION AGENDA
04130191
2.
Lots 5 and 6, Blk. B, Barbour Morrow Sub. 1423
Poinsettia Ave.1 Joseph & Lucy Caraca. Anthony
& Louise Linares and Frank & Maria Jocolana
(Lucia by the WC"'
CU 91.31
Request - To permit on premise consumption at
beer and wine.
Zoned - CB (Beach Commerclall
3.
650 Island Way, Island Estates, 650 Island Way
Condominium Association, tnc.
CU 91-32
Request - To permit blanket approval for marina
boatlifts
Zoned - RM-28 (Multi-Family Residentiall and
AlIC lAquatic Lands Coastal)
4.
M&B 14.052, Sec. 17-29.16 (2950 Gulf to Bay
Blvd.l Gertrude A. Nail (The Golden Dream
Restaurantl
CU 91-33
Request. To permit an premise consumption of
beer, wine and liquor
Zoned - CG (General Commerciall
Approved subject to the following conditions:
1l The applicant shall obtain a variance to the
parking requirements from the Development
Code Adjustment Board;
2) The applicant shalt obtain a variance to the
separation requirement from the City
Commission;
3) All necessary licenses, penn its, and variances
shall be obtained within six months from the date
of this public hearing;
41 Alcoholic beverage sales shall be limited to on
premises only consumption with no package
sales; and
5) Closing time shalt be no later than 12:00
midnight.
Approved subject to the following conditions:
11 A building permit be obtained for the three
existing boat lifts within three 131 months of the
date of this public hearing;
2) No portion of the marina structure, including
tiepoles shall extend further than 55 ft. from the
seawall; and .
31 Since it is the goal of this condition to
eliminate the need for additional parking spaces,
the marina slips shall be used exclusively by 650
Island Way Condominium occupants only. Slips
shall not be leased and shall be used only by the
occupants of the condominium unit to which the
slips arc assigned.
Approved subject to the following conditions:
,) Closino lime shall be no later than 1 1 :00 p.m.;
21 All signs shall be brought into conformance
with City sign regulations on or before Oct. 13.
1992; and
31 The requisite occupational license being
obtained within six (6) months of the date of this
public hearing.
O. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT,
LAND OEVaOPMENT CODE TEXT AMENDMENT, AND LOCAL
PlANNING AGENCY REVIEW:
1.
An ordinance relating to the protection of the
potable water supply; creating a new Chapter
102, Code of Ordinances, consisting of Sections
102.01 through 102.04; requiring a wellhead
protection permit be obtained not later than July
1, '99', by any business, commercial, industrial
or other nonresidential activity involving the use,
handling, conveyance or storage of any
contaminating material to be established or
expanded on property within 200 feet or a
potable water supply well; requiring a wellhead
protection permit be obtained not later than
December 31, 1991, by all existing nonresidential
activities involving the use, handling conveyance
or storage of contaminating materials on
property located within 200 feet of a potable
water supply; requiring the submission and
approval of a protection-containment plan;
providing for enforcement and penalties;
providing an eftective date.
P & Z ACTION AGENDA
Approved subject to three changes: tl1 Section
102.03Ial. Revise the first sentence to read
"As of ~.....; (2) Section 102.03Ia).
Provide for a new permit when change of
property ownership or business ownership
occurs; and 131 Section 102.03IbJ. Require
permits to be obtained within 60 days of
application date.
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Members Present:
MINUTES
PLANNING & ZONING BOARD
TUESDAY, APRIL 3D, 1991
(T"Y CLf~~l(
Chairman Schwob, Ms. Nixon, Messrs. Carassas. Fcrrell:-R amiltun. aha 1vtazur
UECEl'lED
~1AY 2 0 1991
Members Excused:
Mr. Savage
James M. Polatt)', Director of Planning ami D~\'elopmenl
Scott Shuford, Planning Manager
Doreen Feldhaus, Recording Secretary
Chairperson Schwob outlined the procedures for conditional uses and advised that anyone adversely
affected hy a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks
from this date in wh ich to file an appeal through the City Clerk's Office. Florida Law requirt:s any party
appealing a decision of this Board to have a recurd of the proceedings to support lhe appeal.
Also Present:
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
A. APPROVAL OF MINUTES
1. April 2, 199]
2. April 16, 1991
Motion Wa..1i made by Mr. Hamilton. and seconded by Mr. Ferrell. to approve the minutes of April 2 and
16. 1991. Motion carried unanimously (6 to 0).
B. REQUESTS FOR EXTENSION. DEFERRED AND CONTINUED ITEMS:
1. CONTINUED FROM APRIL 16, 1991
Lot 24 and east 1/2 of vacated street on west, Blk. 24, Marymom Sub. (1902 Drew Street)
Alternative Auto/Mark A. Arner, CU 9 I -29
Request - To permit 1) outdoor retail sales, displays and/or storage (automobile sales) and 2)
vehicle service
Zoned - CO (General Commercial)
Mr. Shuford gave the background of the case staled that tll is item was continued from the April 16, 1991
r:neeting to allow the applicant to submit a revised site plan. The revised plan has not been submitted at
this time and staff recommends continuance of this item to the next meeting. '
MOlion was made by Mr. Hamilton, and secondt.!d lly Ms. Nixon, to continue the ahove request to the .
May 14, 1991 meeting. Motion carried unanimously (6 to 0).
C. CONDITIONAL USES:
1. Lots 1 ~ 1 0, Elk. C, Bayside Shores Suh., (735 Bayway Blvd.) William Kehort (Cahan a's (previously
Sharkey's]). CU 91.30
Request. To permil on premise consumption of beer. wine and liquor
Zoned - eB (Beach Commercial)
Mr. Shuford gave the background of the case and stated that a letter of withdrawal had heen received and
that staff recommends accepting the withdrawal.
Motion was made by Mr. Hamilton. ami seconded by f.,lr. Carassas. to withdraw the above reque~t.
Motion carried unanimously (6 to 0).
P & Z MINUTES
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2. Lot., 5 and 6. Blk. B. Barhour Morrow Sub. (423 Poinsetlia Avc.) Joscph & Lucy C:uaco, Anthony
& Louise Linare.~ and Frank & Maria locolano (Lucia hy thc ~C"), CU 91-31
Request - To permit on premise consumption of beer amI wine.
Zoned w CB (Beach Commercial)
Mr. Shuford gave lhe hackground of the ca~c tlml suhmittcd, in writing, the staff recommendation.
Harry CHne. 400 Cleveland Street. applicant's representative. stated the request is to serve heer and wine
with meals and that the husiness will continue to operate as a sit down restaurant. Mr. Cline noted that
their business takes place primarily after 5:00 p.m. Mr. Cline stated thai the request meets all criteria
of the City Code with the exception of the parking \'ariance and that the husiness is compatible with the
neighborhood. Mr. Cline added that the business owner would like to be ahle to remain open until 12:00
midnight on Fridays and Saturdays and asked that the BOlird <\pprove this request.
Discussion ensued regarding the parking situation and the parking/outdoor scating issul.l for McDonalds
on Clearwater Beach.
Joseph Caraco. 18 Ea'ltvicw. Bcllricca, Massachusett'l, the owner and operator of Lucia by the tiC",
stated that they were approached hy McDonalds to lease parking spaces to them. but they refused to do
so. Instead, McDonalds leased a store, which is still empty. for the purpose of using the parking. Mr.
Caraco stal~1 he has nut ;,bservcd these parking spaces ncing used ny McDonalds customers. but rather
employees of McDonalds.
III response to qu.::stions hy the Board. t\'lr. Caraco sUited that 90% of his customers are walk-ins and that
his parking lot is never full. Mr. Caracu added that they wish to serve the beer and wine with meals.
Discussion ensued regarding limiting the take OUl of alcoholic heverages, the hours of operation, and
parking requirements.
No persons appeared in support of or in opposition 10 the above re~uest.
Motion was made by Mr. Hamilton, and seconded hy Mr. Ferrell, to approve the above request subject
to the following conditions: 1) The applicant shall ohtain a variance to the parking requirements from
the Development Code Adjustment Board; 2) The applicant shall obtain a variance to the separation
requirement from the City Commission: 3) All necessary licenses. permits, and variances shall be
ohtained within six months from the date or this public hearing: 4) Alcoholic beverage sales shall be
limited to on premises only consumplion with no package sales; and 5) Closing time shall he no later
than 12:00 midnight. Motion carried unanimously (6 to 0).
3. 650 Island Way. Island Estates. 650 Island Way Condominium Association, Inc., CU 91-32
Request - To permit blankel approval for marina haatH/is
Zoned - RM.28 (!vlulti-Famify Rt.!sidential) and ALlC (Aqu:nh: Lands Coastal)
Mr. Shuford gave the backgroumJ of lht.! cast.! and suhmitted, in writing. the staff recommemhlliol\.
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p & Z MINUTES
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Discussion ensued regarding three hoatlitis that have neen install~d without permits and whether they will
hc required to obtain conditional use permits. Thc Board members expressed concerns including the
following: whether these types of requests could he handled adminiMratively as part of the huilding
permit processt and whether letters should be sent to condominium associations or a press rc\ca.'\c issued
regarding "blanket approval" for these types of requests.
James Sweeney, 650 Island Way, representing 650 Island Way Condominium Association, stated he is
the owner of one of the condos and would like information as to what they will be required to do to be
in compliance for approval of this n~qucsL In rCj:ponsc to questions by the Board, Mr. Sweeney stated
hc not sure exactly how many parking spaces there arc, hut that one space is assigned to every apartmcntt
and that there arc an additional 15 to ] 6 guest parking spaces.
No persons appeared in support of or in opposition to the above request.
Discussion ensued rega.rding conditions for approval.
Motion was made by Mr. Mazurt and seconded hy Mr. Hamilton, to approve the ahove request subject
to the following conditions: I) A building permit he obtained for the three existing boatlifts within three
(3) months of the date of this public hearing; 2) No portion of the marina structure, including tiepoles
shall extend further than 55 ft. from the se:lwalJ: :lnd 3) Since it is the goal of this condition to eliminate
the need for additional parking spacest the marina slips shall be used exclusively by 650 Island Way
Condominium occupants only. Slips shall not be lea!\ed and shall b~ used only by the occupants of the
condominium unit to which the slips arc assigned. Motion carried unanimously (6 to 0).
4. M&B 14.052, Sec. 17-29-16 (2950 Gulf to Bay Blvd.) Gertrude A. Nail (The Golden Dream
Restaurant). CD 9] -33
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Request - To permit on premise consumption of beer, wine and liquor
Zonoo - CG (General Commerciul)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation and
stated that one letter of ohjection had been received.
Konstantinos Kiriopoulos. 205 Keystone Dr., applicant, stated he wishes to transfer the license from Mr.
Vasiliadis (the previous owner) and that there will be no change in the operation of this family oriented
restaurant.
Discussion ensued regarding a letter of objection received from the Wilder Corporation and it was the
general consensus of the Board that the restaurant involved in this request is not the one causing the
problems referred to in the letter.
John Vasiliadis. the previous owner of the restaurant. stated the Wildt!r Corp. is not next door to the
restaurant and that it is lOa far away to ..:ause an)' problems \\lith parking as the parking lot to the
restaurant is nevcr complt.!tely full. Mr. Vasiliadis felt rhe prohlems <lrc not from this restaurant.
No persons appeared in suppOrt of or in llppositiDn to the above request.
Discussion ensued regarding hours of operation.
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Motion was made by Mr. Hamilton, and seconded b)' Mr. Mazur. to approve the ahove request subject
to the following conditions: 1) Closing time shall he no later than 11:00 p.m.; 2) All signs shall be
hrought into conformance with City ~ign regulations un or hd\.lre Oct. 13, 1992; and 3) The requisite
occupational license being obtained within six (6) m()nlh~ of the date of this public hearing. Motion
carried unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. An ordinance relating to the protection of the potable water supply~ creating a new Chapter 102,
Code of Ordinances, consisting of Sections 102.01 through 102.04; requiring a wellhead protection
permit be obtained not later than }o,lly 1, 199 t, hy any husiness, commercial, industrial or other
nonresidential acti\'ity involving thc use, handling, conveyance or storage of any contaminating
material to be established or expanded on property within 200 feet of a potahle water supply well;
requiring a wellhead protection Jlcrmit be obtained not later than December 31, 1991, by all
existing nonresidential activities involving the use, handling conveyance or storage of contaminating
materials onproperty located within 200 fcet of a potable water supply; requiring the submission
and approval of a protection-containment plan: providing for enforcement and penalties; providing
an effective date.
Mr. Shuford gave a hrief overview of the proposed ordinance.
Mr. William Baker, Director of Puhlic Works. explained amI discus~ed the ordinance in detail.
Discussion ensued with the Board mcmh~rs exprcssing ..:oncerns including thtl following: the permitting
and revocation processes, and change of property and business ownership.
Motion wac; made by Mr. Mazur, and seconded by Ms. Nixon, to approve the above ordinance subject
',-- to the following three changes: (I) Section 102.03(a). Re\'ise the first sentence to read "As ('If Not later
lflHR...."; (2) Section 102.03(a). Provide for a new permit when change of property ownership or
business ownership occurs; and (3) Section] 02.03(h). Require permits to he ohtained within 60 days
of application date. Motion carried unanimously (6 to 0).
E. CHAIRMAN'S ITEMS
None
F. DIRECfOR'S ITEMS
Mr. Shuford stated staff is working on r~solving items listed on the Issuc/Response Schedule.
G. BOARD AND STAFF COMMENTS
Mr. Hamilton stated th~ next meeting will be ~ls. Nixon's last meeting and would like 10 have a farewell
luncheon for her. Mr. Hamillon Slated that he fdt a luncheon is appropriate as the press can he notified
and are welcome to attend, and that Board husiness is never discllssed at these types of gatherings. The
luncheon was schedukd for May 14th, II :30 a.m. and the Bellevicw Ailtmore.
Discussion ensued regarding considering parking requirements for conditional uses.
P & Z MINUTES
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04/30/91
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Mr. Shuford suggested in regard to "blank approvals" for hoattifts, that sending letters \0 condominium
associations that have boat slips be postponed until staff can research changing the Code to make this an
administrative type approval.
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Ms. Nixon stated Lokey Motors un Gulf to Bay is stilI not in compliance. Mr. Shuford stated that the
landscaping requirements were tied in with the certified site plan in this case, and that the certified site
plan will soon expire and the City will he ahle to take enforcement action at that time.
Meeting adjourned at 3:40 p.m.
of Planning & Development
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P & Z MINUTES
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04/30/91