06/27/1989 MINUTES
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 unanimously (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 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. (CONTINUED FROM 5/2/89, 5/16/89, and 5/30/89)
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
CU 89-27
Request - 4-COP-SRX (On-Premise Consumption of Alcoholic Beverages)
Zoned - CB (Beach Commercial)
Mr. Polatty explained the background of the case and submitted, in writing, the staff recommendation.
Mr. Polatty advised one letter of support was received from a neighboring property owner.
Mr. Polatty advised one letter of opposition was received from a neighboring property owner.
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 should have no problem in meeting the food sales requirement. She added
the applicant is the same owner and operator of the current establishment.
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 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).
2. Lot 8, Blk A, Bayside Sub. #5 (612 Bayway Boulevard)
Wadid Moussa/Ress Marine Construction Co.
CU 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 AL/C (Aquatic Lands/Coastal)
Mr. Polatty explained the 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 40-unit condominium. Mr. Hilton explained the intent
of the slips is for the enjoyment of the property owners.
Mr. Polatty advised one letter of opposition was received from the property owner at 606 Bayway Boulevard who expressed concern that the marina would obstruct the view.
Mr. Ress stated he was aware of opposition from the resident at 620 Bayway Boulevard.
Mr. Schwob stated the marina cannot be used commercially unless specifically approved by this Board.
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 the docks be for the exclusive use and enjoyment of private property
owners. Motion carried unanimously (7 to 0).
3. Lot 1 less south 385 feet, Sever Park (880 U.S. Hwy. 19 South)
South Gate Park, Inc./Tondelli Engineering
CU 89-42
Request - Outdoor Commercial Recreation/Entertainment
Zoned - 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 Oldsmobile, Inc./Donald McFarland
CU 89-43
Request - Outdoor Retail Sales, Displays and/or Storage
Zoned - CG (General Commercial)
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 property in July, 1988 and it was recently brought to the property owner's attention
that continued use of the property would require approval by the 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 support 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 final authority for conditional use requests. After
questioning by the Board, Mr. McFarland stated he has some problems with the conditions of approval but stated the property owner would comply.
Motion was made by Mr. Mazur, seconded by Mr. 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
Request - 2-COP (On Premise Consumption of Alcoholic Beverages)
Zoned - CC (Commercial Center)
Ms. Glatthorn explained the background of the case and submitted, in writing, the staff recommendation.
Mr. Peter Dykeman, representative of applicant, advised the property was previously a restaurant. He stated not 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
the 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, Blackburn 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. Schwob, Mr. Walker 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 duty at
the subject location.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Green, to approve the above request subject to the following: 1) That an occupational license 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 permanent
structure shall 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 Local Planning Agency 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 Residential "Eight")
The above property is located at 1231 Kapok Circle.
The applicant was not present.
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. 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).
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, Blk. 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, Chautauqua Sub. (Located at 2693 Third Avenue)
(Rugullies)
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 may have.
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. Schwob, seconded by Mr. Hamilton, to recommend approval of the request for annexation and RS-2 (Single Family Residential "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 UPARC. He also stated a similar request was made for the 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 amendment from P/SP (Public/Semi-Public) to IL (Limited Industrial) and
a Land Use Plan amendment 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 (CU 89-37) and the Clearwater Beach Mini Mart (CU 89-39) cases, both of which 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.
F. Board and Staff Comments
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 adjourned at 3:25 PM.
_____________________________________________________
James M. Polatty Jr., AICP, Director
Planning and Development Department