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11/03/1992 (2) B. e 2. 8 \''''-' C. ~. v ,'''-..../ " ACTION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, NOVEMBER 3, 1992. 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION illM A. APPROVAL OF MINUTES 1. October 13, 1992 - APPROVED REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: (Continued horn 9129192 & 10113192) M&B 14.11, Sec. 18.29-16 (20866 US 19 NI, Russell and Barbara J. Dilley. Trustees {Personalitiesl, CU 92-68 Acquest. To permit on.prem[se consumption of beer and wine Zoned. CH {Highway Commerciall CONTINUED TO NOVEMBER 17. 1992 lContinued from 10J13/92l M&B 11.01. Sec. 8.29.16 {2907 SR 590 K11, MissIon Hills Plaza Venture (John & Cynthia Nadeau/Johnny's Italian Restaurantl. CU 92-72 Rcquest - To pormit on.premise consumption 01 beer & wine Zoned. CN (Neighborhood Commercial) Approved (molion made by Mr. Hamilton, seconded by Mr. Carassas) subject to tbo following conditions: , 1 J The requisite occupational {jcense slw" be obtained willlin six months from the date of this public hearing; 2} The applicant shalf obtain from tbo City Commission tllo requlslrc soparatlon variance; 31 Tbere shall be no entertainment. outdoor seating or spllalrers; 41 The sale of beer and wine for on promises consumption shall be prohibited after 12:00 midnigllt; and 51 rlmfO shall be no customer accessiblo display areas for package sOli os, Molion carried unanimously (6 to OJ. CONDITIONAL USES: Lots 13 through 15, Blk. 0, Bayslde Sub. No.6 Unit C, and Lot 12, Blk. 0, Bayside Sub, No.6 Unit A (850 Bayway Blvd.), CU 92-75 Request. To permit marina expansion for a totat of 27 slips Zoned. CR.28 IResort Commercial) & ALlC IAqualic Lands/Coastall Approved (motion made by Mr. Hamilton. seconded by Mr. c.7r.JssasJ subjoctto tlm fallowing conditions: 1 I Prior to the Issuance o( a building ponT/it. a revised pl.7n sllall be submitted showing the following: al Tabula.ion table sfHlwing Um Land Development Coda 10qIJiremlmrs and the proposed site d.7ta for parkino, pllrlmmer and Interior landscaping. screening, and Imndicapplld parking,' b) Redesign of the dock to moot too throo crmcems o( the Harbonnaster; cl An accumfe plan that reflects the exisling and proposed conditions on tho site,' 2} No on.site fueling or liveaboards shall be pllnnliled,' 3} Any additional commercial vessel activity (including but not limiteclto tile number of vessels or an increase In the number of passengers served by those vesselsl other Uwn the existing Zenith Charter opllration (.71 its current level of operationl. sfwll require adcJitiorml conditional use pomlit approval; 41 Tho requisite building permits shall be obtained within one year from the diUe of this publiC hearing; 5) Not more than 27 slips shall be ponnilled; no tieops slwll 00 pllnnilled on tho c.7stemmost sfde of 11m dock and tllis area $Imll be appropri.7tc/y signed to prohibit bo.7ts from tying up to ille dock in tIIis area; and 6} All transient vessels sball mcet all City Cotlo requirements. Motion ca"lud (5 to I). one abstention (Mr. MaZllr). P &: Z ACTION AGENDA 1 11/03/92 l Ci "~., ~ ......." 3. ~ v0 Lots 12 & 13, Earll & TalC'S Sub. 122 N Ft. Harrison Ave.l Appolo, Inc, IAthens by Night. Inc.', CU 92-74 Request. To permit on.prem1se consumpHon of beer, wine & liquor Zoned. UCtC) tUrban Center Core) Approved (motion made by Mr. Hamilton. seconded by Mr. OiclwrstaflcJ sub/ect to the folfowlng conditions: 1 J The requisite occupaUonall1ccnsl1 shall bo obtained wltllln six months from the date of this public hearing; and 2J Alcoholic, beverage salas s"311 be limited '0 lega' hoors only. Motion carried 5 to o (wl,h one abstention). Lot 1, Clwr. 19 Commerce Park 122067 US 19 NI, Frank C. Kunnen, Jr. (Clwr. 19 Commerce Cenlcrl, CU 92-76 Rcquest . To permit vehicle service; and outdoor retail sales. displays and storage Zoned. IlILlmltcd Industrial) CONTINUED TO NOVEMBER 77. 7992, O. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT. AND LOCAL PlANNING AGENCY REVIEW: E. CHAIRMAN'S ITEMS None F. DIRECTOR'S ITEMS 1. David P. Healey, ElCoculivc Director Pinollas Planning Council Consistency Program 2. '993 PlannIng & Zoning Board Meetlng Schedule G. BOARD AND STAFF COMMENTS 2 P & Z ACTION AGENDA 11/03/92 0, (~~~) MINUTES PLANNING & ZONING BOARD MEETING TUESDAY. NOVEMBER 3, 1992 - 1 :30 PM PLEDGE OF ALLEGIANCE, INVOCA TION Members Present: Chairman Mazur. Messrs. Bickorstaffe (arrived at 1 :47 p.m,l. Carassas (arrived at 1 :37 p.m.). Hamilton. Merriam. and Savage Members Excused: Ms. Martin Also present: Scott Shuford, Planning Manager James M. Polatty, Jr., Director of Planning & Development Sandra E. Glatthorn, Senior Planner Vickie Davenport, Recording Secretary Doreen Feldhaus, Staff Assistant II ITEM A. APPROVAL OF MINUTES A motion was made by Mr. Savage, and seconded by Mr. Hamilton to approve the minutes of October 13, 1992. Motion carried unanimously {4 to 01. B. REQUESTS FOR EXTENSION. DEFERRED AND CONTINUED ITEMS: 1. (Continued from 9/29/92 & 10/13/92) M&B 14.11. Sec. 18-29-16 (20866 US 19 N~, Russell and Barbara J. Dillev, Trustees (Personalities), CU 92-68 Request - To permit on-premise consumption of beer and wine Zoned" CH lHlghway Commercial) ,'. Mr. Shuford advised that staff recommends continuance to allow the Pollee Department to complete their background Investigation, and to allow time for the applicant to submit additional Information requested by staff. A motion was made by Mr. Carass;ls, and seconded by Mr. Savage to continue this request to the November 17, 1992 meeting. Motion carried unanimously (5 to 01. 2. (Continued from 10/13/92) M&B 11.01, Sec. 8-29-16 (2907 SR 590 1111, Mission Hills Plaza Venture (John & Cynthia Nadeau/Johnny's Italian RestauranU. CU 92-72 . Request - To permit on-premise consumption of beer & wine Zoned - CN (Neighborhood Commerclall Mr. Shuford gave'tho background of tho case and presonted, in writing, the staff recommendation. Applicant, John Nadeau, 2907 S.n. 590 111, was present. He Indicated that he had nothing to add to tho staff recommendation. ,_> Pro: None Co.!!: None P & Z MINUTES 11/03/92 r~:~ ^ motion was made by Mr. Hamilton, seconded by Mr. Carassas, to approve the request subject to ttm following conditions: 1) The requisite occupational license shall be obtained within six months from tho date of this public hearing; 2) The applicant shaH obtain from the City Commission the requisite separation variance; 3) Thore shall be no entertainment, outdoor seating or speakers; 4) Tile sale of beer and wine for on Jlfemises consumption shaH be prohibited after 12:00 midnight; and 5) There shall be no customer accessible display areas for package sales. C. CONDITIONAL USES: 1, Lots 13 through 15, Blk. D, Oayside Sub. No.6 Unit C, and Lot 12, Blk. D, Bayside Sub. No. 6 Unit A (850 Bayway Blvd.), CU 92.75 Request. To permit marina expansion for a total of 27 slips Zoned - CR.28 (Resort Commercial) & ALfC (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Discussion ensued with the Board nnd staff regarding parking at this site. William .'lold. Harbormastor for tho City of Clearwater. stated ho is concerned about the lenglh of dock exceeding our 25% width waterway requirement by about 7 1/2 feet. He felt if the dock is 140 feet from the seawall, it will not cause a navigational problem. He recommended that the marina have no pmmanent fueling facility and no IIveaboard vessels. Mr. Held added that he is also concerned about tho tieups on the easternmost side of the dock. He noted that the applicant is requesting 27 slips, which does not Include the 140 foot section on the easternmost side of the dock. He recommended the ronowlng condition: No boats shall be moored on the eastern side of the dock and proper signage (\ be installed. ~~.,J ^pplicant's representative, Gary Welsh, 250 Patrick Blvd., Brookfield, WI., stated thal they had obtained approval for a restaurant in the past, however they have changed the use of the building due 10 all the opposition in the area and getting approval for the parking variance. Mr. Welsh stated that they have sold the restaurant oQui!lment and now meet City code requirements for parking. He stated that he felt one year may not be sufficient time to obtain the building permit. r & 7. MINUTES 2 11/03/92 In response to questions from tho Board regarding tho seawall, Mr. Welsh stated concerns about nntting the dock approved, so that repairs can be done on future use. P'Q: None f,:!!.!! : nub Hamilton, 862 Bayway, stated he owns 4 slips adjacent to this property. He is concerned with lllP. 140 foot walkway. Discussion ensued regarding the request. ",-. ^ motion was made by Mr. Hamilton, secondod by Mr. Carassas, to approvo the requesl subjoct to the following conditions: 1) Prior to tho issuanco of a building permit. a revisod plan shall be sl}lJll1illed showing the followin{l: al Tabulation table showing tha Land Development Code rr.quirornonts and the proposed sito data for parking, perimeter and interior landscaping, screoning, and handicapped parklngj b) Redesinn of the dock to meet the three concerns of the Harbormaster; c) ^II ilccurate plan that reflects tho existing and proposed conditions on the site; 21 No on.site fueling or liveaboart.ls shall be permitted; 3) Any additional commercial vessel activity lincluding but not limited to the numbor of vessels or an Increase in the number of passengers served by tl10se vessels) olhor than the existing Zonith Charter oporation (at its current lovol of operation). shall roquire ildditional conditional USe permit approval; 41 The requisite bUilding permits shall be obtained within 0110 yoar from the date of this public hearing: 51 Not more than 27 slips shall be permlttod; no tie-ups /'" -, shall be permitted on the easternmost side of the dock and this area shall be appropriately signed to prohibit boats from tying Up to the dock in this area; and 61 All transient vessels shall meet all City Coda requirements. Motion carried 5 to 1 ( with Mr. Mazur voting "nay"l. (' ", ",,-,' '-~ 2, Lots 12 & 13. Earll & Tate's Sub. (22 N Ft. Harrison Ave.) Appala, Inc. (Athens by Night, Inc.), CU 92-74 RCQuest - To permit on. premise consumption of beer, wine & liquor Zoned, UClCI (Urban Center Corel Mr. Shuford gave the background of the case and presented, In writing, the staff recommendation. Mr. Carassas stated he has a conflict with this request and will not participate in the discussion or VOlc. Applicant. Ted Tsafatinos, 667 Snug Island, Clearwater, stated that he feels that the business would be beneficial to the downtown arM. !1.q: None !:~)!J: None A Illation was made by Mr. Hamilton, seconded by Mr. Bickarstaffe, to approve the request subject to the following conditions: 1} Tho requisite occupational license shall be obtained within six months fmm the date of this public heming; and 2) Alcoholic beverage sales shall be limited to legal hours only. Motion carried 5 to 0, with one abstention. 3. Lot 1, Clwr. 19 Commerce Park 122067 US 19 NI, Frank C. Kunnen, Jr. IClwr. 19 Commerce Center), CU 9~-76 Request - To permit vehicle service: and outdoor retail sales. displays and stomge Zoned - IL lLimited Industrial) Mr. Shuford stated that a letter was received from applicant requesting continuance to tho November 11th meeting. ^ Illation was made by Mr. Hamilton. and seconded by Mr. Bickerstaffe, to continue this roquest to t/ln November 17, 1992 meeting. Motion carried unanimously 16 to 0). u , ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: None 1:. CHAIRMAN'S ITEMS rvlr. Mazur brought up the many requests for continuances and extensions having to do Wilh limiting tho time periods. He would like guidclines set up regarding this. Discussion with Mr. Shuford ensued, with an indication that guidelines and ordinance changes would be brought to the Board at a suhsequent meeting. F. DIRECTOR'S ITEMS p p, Z MINUTES 3 11/03/92 c _ ,..,. .'.' ~. S;lIIdy Glatthorn, Senior Planner, made mention of the Board's dental of the PPC Consistency Program ;11 11m last meeting. She stated that staff received a letter from Mr. David Healey, Executive Director 0. of Pinellas Planning Council, who requested to speak to the Board regarding this issue. She also ~"" J indicated that at the City Commission work session on November 2, 1992, the primary 'concerns were ahout the Beach Commercial area and Marton Plant in regard to the Special Activity Center o....erlay provision that Is being given In the new Countywide rules. o. v Mr. Ilealey discussed in detail wilh the Board the ppe Consistency Program and the concerns expressed by the Board. M,. Shuford discussed the proposed meeting dates for 1993. The Board members had no objections to the schedule. G. BOARD AND STAFF COMMENTS Meeting adjourned 4: 1 0 p.m. o l' Ar-. . '\,~I, ~ Jaies " Polatty, Jr., Direct \~ of Planning and Development '/ 'J P & Z MINUTES , , 1/03/92 4