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04/04/2001 (2) "'~':':':~':.:';~-'--,:'~ "N! a ri ~ e ~dvi S 0 rY 'B'oar~, MINUTES : ~.' ,t,. " ," '1- i:'. <tt. " , ~ ( '", .. L, . " , ' .1,' ", ~. ,'. " .'"1, ': . I 'J-.: ~ .. "\ '. , ~ : :I . __ ' r . ~ j.'..o, :::' ",.~" ,,;,.' ",:,:'~:;,t';,:,:.., ~j .,' ~. ('h>~.. .:-:: ';o.,,:,~:"1 " ",' j. . ~"j .~: !'. < ," > " . .~'I' . . I I ~ >' .' ':, ~. . . , ,.' .I' .. , ., ,.'1., '.: }, . " ;. ~I ~' . ,,: ':", , \~: ~ ~ '. ' J. ", ',', .' ~ . ". .;. . .~;iJ,;:;,,,,: .::, ;,.. .:; .'I::,.:,,:;::~:.:L~'~. '. I .c___~._ ,.. I , . . ":~ , ~'. . .' ~ ." -;- ~ f'. 'c' ,'<' t,:j, I: I, " .. i ",'.' " .'. :" 'l"" " ., , : ~: ',T' : . .' ,. 'I :';,',.0 , 'L... :.~ !"(. c .., !> .. ' ~, . ',-' . it' , " 'f " ',\ .) > ~ ~ ~ . ,.',," '., " ,., C'.;". ., , :. I, .. . ~~:'!' ,I.. , " .,' ,'. .: '1. " . ,. . ,,:..' '.. , '. IE , I.F ~ ,. ~ .... . . .~t\~:<: ,.. " It.};". <':,~: ,"" rn"~r"L' '\~~+ > .' . ~ 4 , .", . ;'c<' . ...... . I. '~;. 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",' :> t~~. ..". t' e..l' ','~ ,.., ~'L l>. . " ". /...... " ..': ' " '.' '.' " I,' MAS I' If/O q.. /0' I ! ..' , o ... ., . '. . I I,' " .'; :. '. I .y . ~ .e , " '1, I. >\', " .1. .''1. \ ~ J e 'j ,; . '~ . . .' '.1' ;! , .., . ~ l:: 'i"l. ~ ,~ . ;. .' }>. H, ,< . , ~-: . ',iT " , . " ! I . \ d \ , P: " '," , '. '., I" " , . /., ,'. " .. , I " . j ~, '. jl5t' " i . r, t.- ~ :, ,.... , t.. ,- '" ;. . " . ,.' , . '. ':,;;'>: :..:....;.::::!<:,..>/.,I . , :..,~:' '. .;1<:..;:..::....;..'.,.;. ,: '., ,:' . , I . . . , j';.: II' " ; .' . \. ~ < " : >'.: l. , .' ',," :. " , Ie' " ",. :'....~.. :I;:'~' ~ " , , ~'~ , ',", ~,,' , , . MARINE ADVISORY BOARD MEETING CITY OF CLEARWATER April 4, 2001 Present: Tom Horne Hank Epstein Dick Safirstein Nick Matsis Denis Sparks Edward 0' Brien Chair Board Member Board Member Board Member Board Member: 8o~rd Member - departed 8:35 D.m. ,. , ' ',. " ,: , Absent: ,Paul Kelley .. Board Member " ' Also Present: William Morris . Cyndi Tarapani Gii,a Clayton Brenda Moses Marin~ & Aviation Department Director Assistant Planning Director - arrIved 8: 14 a.m. Senior Planner - arrlved 8: 12 a.m. . Board R~porter ::1 ' ",. , 'l ~ I,' . ", " ,The Ch~ir called the meeting to order at .8:04 a.m. at the Marina. . i', To provide continuity for research, items are in agenda order although not " necessarily discussed in that order. ' !"'<~ '~ mmab0401 4/04/01 ") \ . <.~. ITEM 2 - March 14, 2001, Minutes Approval ; , 1'y1,ember Epstein moved to approve the minutes of the regular meeting of March 14, 2001, as.submitted in written summation to each board member. The motion was duly seconded and carri~d unanimously. . ITEM 3 -Island Estates and No-Wake Status 01) Windward Island A member of the Island Estates Civic Association had requested the board's ndvlco' regarding petitioning the City to pursue a no-wake status on Windward Islond nnd possibly Mandalay. ~e was not able to attend today'smeeting. ITEM 4 - Review Proposed Chanaes to Dock Ordinance , At the last meeting, a dock permit for a 300~foot dock behInd the Shoppos of Sand' Key was discus'sed. It was remarked that the Commission asked for tho MAB's (Marino . Advisory Board) input regarding a proposed dock ordinance prior to the tomorrow night's . .Commission meeting. Marine and Aviation Department Director Bill Morris said thore are 2 issues to consider: 1) the staff proposed dock ordinance regarding commercial and multi. use docks within the City, and, 2) specific comments regarding tho process required for docks and the City's review of applications. Mr. Morris said the MAB must soparate tho Sand Key dock application from the overall dock ordinance being proposed by staff. . Ho said the 'City's Comprehensive Plan does not address environmental Issues excopt' for stor'!1water runoff. The City generally contracts out work related to onvlronmental " Uj ~ , .,. j.:\~'~:~<.~:': , . .: ' . ,. ..H'I, .. '"~ , " ::) .....) '( , , , , ", ,I , , reviews, as staff does not ,have a designated office with the expertise to perform environmental reviews of applications. He said in 1992 when the Radison applied for a dock, Pirellas County staff responsible for review of the application questioned if the application was consistent with the City's Comprehensive Plan. It was remarked that it would not be prudent to recommend an ordinance without some integration of en~ironmental is,sues. Two residents spoke regarding the permitting process. They felt dock permits are one of the most regulated" and most important issues in Clearwater, as the City is known for it waterways. It was felt that local review by the public, the MAS, City staff including the Marine and Aviation Director, and the CDS (Community Development Board) should continue. Concern was expressed that the Shoppes at Sand Key's dock application would significantly impact the Sand Key neighborhood. It was remarked that the applicant does not own the submerged land, therefore even if approved by the County, the application must be approved by the Governor and must prove to be overwhelmingly in the State's best interest. One resident felt that adding another layer of governmental review might not be the "answer. He said the last dock application submitted by the Radison was approved by the City but denied by the County Water and Navigation Board. He said the City is being passed by as a water destination because boaters have limited dock space. One person felt that anything that touches, is adjacent to, or is under water, should involve the MAS. He suggested the MAS consider postponing a recommendation regarding the ordinance until they have had more time to review and discuss the matter. . Consensus was to review the draft ordinance as written by staff ~nd review any comments made by the public and the Commission at tomorrow night's Commis'sion meeting. , Assistant Planning Director Cyndi Tarapani said the former Code included a provision to address commercial docks but the current Code does not. She said the County reviews commercial applications and can override the City's approval. Due to discussions between staff ,and Charlie Siemo"n of Siemon and Larsen, regarding the County's role in the process, it is possible that the provision was inadvertently removed from the current Code. The County also has the necessary staff to address' related environmental issues, and it is possible that staff or Mr. Siemon were contemplating another alternative including eliminating the City~ s portion of the review. Last fall, the lack of a commercial component was noted. Staff is proposing an ordinance to address commercial and multi-use docks as well as a provision to allow . deviations for both residential and commercial uses if the adjacent property owners do not object to the use. " Ms. Tarapani said the City is using the same dimensional regulations used by the Water and Navigation Authority. She said the Planning Department staff has no expertise in the area of environmental issues. Staff applies a mathematical formula for docks based on the size of the property and the width of the waterway. Any dock over 600 square feet in size, which is generally a commercial docl<, would require a public hearing. Mr. Morris said permits for residential dock permits are calculated at 50% of the mmab040 1 4/04/01 .' . I . ~ I:" .' . ~ ' .,' .0 . J l. t', ~ ,;"'I ) "~Il () " " ,,' .j ,. propertY'size or 25% of the waterway width, whichever is less. For commercial, the calculation is 75% of the "width along the water" or 25% of the width of the waterway, whichever is less. . Discussion ensued regarding the MAB's role. It was felt the MAB should be made . aware of new dock construction, particularly applications that could significantly affect the surrounding area. Concern was expressed that review of new dock construction applications by the MAS is not just another level of review, but is the most important level of review. To cut out that level would not be prudent because the MAS represents the community's qitizens and has the expertise to offer opinions regarding waterway issues. Member Matsis moved to recommend that when an application is made, a copy of it be forwarded to the Marine Advisory Board for review. Discussion ensued regarding if the motion pertains to all dock applications, only commercial, or only new dock construction. Ms. Tarapani said approximately 200 permits a year are received by the Planning Department that. involve dock repairs, etc. She said it . would be difficult to ask property owners and contractors to wait a' month or more for. approval of their application until'the MAS conducts its re'gularly scheduled meetings. It was remarked that the MAS is flexible in rescheduling meetings when necessary. ' The motion failed due to 'the lack of a second. It was suggested consideration be given to multi-use docks as they are generally related to condominium docks, not commercial uses. Member Matsis moved to recommend to the Development Review Committee that when an application is made to the City of Clearwater and/or Pine lias County Water and Navigational Control Authority for new construction of commercial do'cks and multi-use docks, that a copy of the application be given to the Marine and Aviation Director, who will provide the opportunity for the MAS to review the applications and render an opinion. The Marine and Aviation Director will communicate the MAS's recommendation to the Development Review Committee. The motion was duly seconded and carried unanimously. Members O'Brien and Kelley were absent. In response to a question as to why the MAS had not received copies of Option 2 for Commercial and Multi-Use Docks, Section 3-601(C)(2)t Ms. Tarapani said the option , was written yesterday. It 'was remarked that this information should have been provided to the MAS prior to the above recommendation. Ms. Tarapani said standards for review for navigational and environmental impacts will be added to Option 2. It was suggested that a Use Impact category with related standards also should be added. Ms. Tarapani said use , impacts already have been addressed but that a separate section could be added. In response to a question, Ms. Tarapani said the Development Review Committee is a permanent committee comprised of City staff from various departments. The Committee makes recommendations to the Community Development Coordinator, Ralph Stone, who in turn considers all public and Committee input and recommendations and makes a final ,mlllab0401 4/04/01 ., c., c I..... ,',.- , , .. , " . t1 , , .0 ,\ .\ o , ' , . . ~ ' '. ..J- . . .,. , . , " (I ~ decision on related matters. Ms. Tarapani said Mr; Morris and Environmental Manager Terry Finch attend meetings and provide a marine and environmental background. She said , at tomorrow night's Commission meeting, staff 'would present the draft proposal for the ' commercial dock ordinance. . The Commission will hear public input but will not vote on the ordina'nce at that meeting. Concern was expressed that the MAS's opinion would be a subjective one, as there are no experts on the board in the area of environmental issues. It was suggested that the MAS has an extensive navigational background and members' opinions should be limited to navigational, health, and safety issues. One member disagreed that the MAS should exclude' environment'al reviews, as their recommendation would be rendered as opinion, not expert testimony in environmental matters. The MAS also could render an opinion as to the ;;Jppropriateness of the applicant's use. . Senior Planner Gina Clayton suggested if the MAS wishes to make official recommendations to the Development Review Committee, public meetings are required in order to conduct deliberations as well as provide formal notification to applicants and the surrounding property owners. It was remarked that approximately 5 new construction ,appl,ications.a year are submi~ted to the Planning Department. It was remarked that the attendance at today's meeting by the public is greatly appreciated, .as normally, very few.citizens attend unless personally invited. It was suggested that a representative from the MAS attend tomorrow night's Commission meeting to speak on the proposed dock ordinance on behalf of the MAS and . as a citizen. Chair Horne said he would attend. Other Business - None. . ITEM 5 - AQenda for next meetinQ on Mav 9. 2001 It was remarked that Commissioner Clark served as the interface between the MAS and the Commission. It was suggested an agenda item for the May 9 meeting include discussion regarding a Commissioner to replace him as liaison to the MAS. ITEM 6 - Adiournment The meeting adjournedat 9:27 a.m. Ir Marine Advisory Soard Attest: ~nda m()&ef . oardRepo~ter . : mmab0401 4/04/01 C.' ;..j