10/17/1989
MINUTES
PLANNING & ZONING BOARD
TUESDAY, OCTOBER 17, 1989 - 1:30 PM
Members Present: Chairman Johnson, Ms. Nixon, Messrs. Green, Hamilton, Mazur (arrived at 1:35 PM), and Schwob
Members Absent: Mr. Ferrell
A. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to approve the minutes of the September 19, 1989 meeting as written. Motion carried unanimously (5 to 0).
Mr. Mazur arrived at 1:35 p.m.
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. (REQUEST FOR EXTENSION)
M&B 23.04, Sec. 18-29S-16E
(125 South Belcher Road)
Richard Brutus
CU 88-98
Request - Animal Grooming and/or Boarding Facilities
Zoned - CG (General Commercial)
Mr. Richter stated as follows: the subject request was approved by the P & Z Board on November 1, 1988 conditioned upon procuring a building permit within six (6) months; the initial
six (6) month period expired; and an additional 6 month extension was granted May 2, 1989. He also stated the 6 month extension is about to expire and the applicant is requesting an
additional 6 month extension.
The applicant was not present. Discussion ensued regarding whether applicant's presence is required for a time.
Motion was made by Ms. Nixon, seconded by Mr. Hamilton, to approve the six (6) month extension. Motion carried (5 to 1) with Mr. Mazur voting "nay."
2. Lots 1 through 5, Blk. C., Bayside Sub #5, and M&B 17-29S-15E (601 South Gulfview Boulevard)
William M. Shephard, Trustee (Lagoon Resort Motel)
CU 89-70
Request - Rental of waverunners/sea-doos and catamaran sailboats
Zoned - CR-28 (Resort Commercial "Twenty-Eight"); OS/R (Open Space/Recreation); AND AL/C (Aquatic Lands/Coastal)
Ms. Glatthorn presented the background of the case and submitted, in writing, the staff recommendations.
Mr. William M. Shephard, applicant, indicated where the waverunners would be located on the front of his property and stated the total frontage of the property will not be used. He
advised an area has been selected near a sand jetty installed approximately 2 years ago. He pointed out that swimmers use the south end of the beach and are not in the area proposed
for the requested use. He stated that the person who will be in charge of this operation is experienced and well
aware of safety rules.
Mr. Paul B. Brogard, representative of Fun Rentals, appeared and answered questions from the Board members regarding operation of waverunners/sea-doos. He advised there is a note in
the record from the Harbormaster in which he indicated this was a good place to run the machines (on the south side of the channel markers), and also 100 yards away from the bridge and
all the way out to the breakwater, and he did not have objection to it at that time, as long as that was the operational area. He stated they have no intention of operating anywhere
in the beach/swimmers area.
In support of the above request, the following persons appeared to give their comments:
Mr. Herbert Leonhardt, 706 Bayway Blvd., stated if this use is to be permitted, that a specific area should be provided for this use, rather than having the watercraft run up and down
the beach.
Mr. Darryl Seaton, 4 Rosery Lane, representing 3 motel owners in Clearwater Pass directly on the beach, stated they are in favor of the operation of jet skies, sail boats and similar
type of activities. He felt use of this watercraft is a very wholesome family activity, fitting the definition of resort/tourist destination. His only concern is that the channel at
Clearwater Pass is very congested, especially on weekends.
Mr. Lewis Oakes, 601 South Gulfview Blvd., general manager of the property, stated he was surprised to hear the Harbormaster's recommendation, having met with him prior to this application
being submitted. He understood the Harbormaster had no objection to this use providing restrictions where adhered to.
In opposition of the above request, the following persons appeared to give their comments:
Peter Zhun, 675 South Gulfview Blvd., president of the homeowners association representing 84 homeowners at Continental Towers, stated they are concerned with another group of waverunners
which comes from the Hilton Hotel. He stated he has observed waverunners dodging back and forth, has witnessed some near collisions and has seen waverunners coming dangerously close
to swimmers. He stated if this application is approved, others would follow and create an even more dangerous situation, and for the above stated reasons the Homeowners Association
of Continental Towers are against approving this request.
Bill Held, Clearwater Harbormaster, advised there is a misunderstanding on the part of the applicant. He advised the applicant (prior to filing application) asked him about conditional
use request to operate waverunners at Clearwater Pass, and he explained the applicant would have to apply for conditional use. He stated he did not give his permission to the applicant
at that time, but advised him he would evaluate this request as he would for any other application. Mr. Held stated there has been a steady increase of boating activities in Clearwater
Harbor and Clearwater has experienced numerous problems, complaints, and incidents involving waverunners. He stated renters of waverunners find it difficult, if not impossible to control
them, due to the renter's lack of skill and familiarity with the craft. Mr. Held stated he cannot in good faith recommend approval of this application, based on the strong currents
and congestion in Clearwater Pass. He further advised that the Clearwater Marine Advisory Board discussed this application and voted to recommend denial of this application. After
questioning by the Board members, Mr. Held stated the current has steadily increased since Dunedin Pass has been closed and is presently 3-4 knots, and the channel is 150-200 feet wide
in this area. The Harbormaster advised the Board that Clearwater Police Officer Billy Farias was present should the Board wish to hear his comments.
Officer Billy Farias, Clearwater Police Department, stated he and his partner, Officer Mike Glugla, run the Police Boat for the City of Clearwater, they are out on the water every weekend,
and they have observed as many as 20-30 waverunners in Clearwater Pass at a one time. He advised radio stations have parties at the Hilton, which attract the Melons patrons who usually
come in power boats. He stated that, in the area between Hilton and Channel Marker #9 there have been up to 10 boats from Melons alone, not counting the boats there normally. He stated
that with 5-6 waverunners added it becomes a very dangerous situation. He stated he and his partner are now issuing citations for careless operation of a watercraft, and he felt the
problems involved with operating these types of watercraft in the Channel off Clearwater Pass, would be much greater should this application be approved.
After questioning by Board members, Officer Farias advised that they are issuing citations for careless operation of a watercraft (jumping the wakes, running too close to other vessels
to the point evasive action must be taken by the other vessel, jumping so close to the wake that the operator looses control of the watercraft, not taking due care with other approaching
vessels), and approximately 25 citations per holiday weekend are issued to operators of these type watercraft, of which 50% are renting the watercraft.
In rebuttal, Mr. Paul B. Brogard stated he understands whenever this type of activity takes place there is always the possibility of accidents, however if operated properly with very
specific instructions being given (instructions sheets, video) and if operated on the south side of the Channel the problems would be considerably less. He stated that, as to the lack
of control during operation of these watercraft, he would be willing to install communication devices on the machines enabling the rentee and the operators to communicate with one another,
which would provide a way for the rentee to advise operators they are in the wrong area or are improperly operating the machine. He advised his machines are equipped with identification
flags and are color coded for easy identification. He stated he has operated a similar rental business for three (3) years in Indiana and has not had any accidents with injuries. Mr.
Brogard advised renters must be 16 years of age and possess a valid drivers license.
In opposition rebuttal, Mr. Peter Zhun stated the arguments presented by the applicant and supporters are valid in a certain environment. He stated he is very concerned about the danger
that already exists for bathers and that would intensify if this application is approved. He felt this operation would only add to the already heavily congested area. He expressed
concern that a precedent will be set by approving this application and more of these businesses would make similar requests.
In final rebuttal, Mr. Bill Shepherd, applicant, stated he feels this business could be safely operated if operated properly and it is his intent to do so. He feels that waverunners
would cause no more ill effect than the boats in this area do.
Mr. Schwob commented that he has had experience with maritime safety and he feels that this area would be a tremendous safety hazard and would recommend denial. Ms. Nixon agreed that
this would be a safety hazard.
Motion was made by Ms. Nixon, seconded by Mr. Schwob to deny the above request. Motion carried unanimously (6 to 0).
3. Lots 15 and 16, Blk. 7, Pinecrest Sub. (700 North Greenwood Avenue)
Charlie Harris (C & C Food Mart)/Mike Cheaib
CU 89-75
Request - 2-APS (Package Sales of beer and wine (CHANGE OF BUSINESS OWNERSHIP)
Zoned - CN (Neighborhood Commercial)
Mr. Richter presented the background of the case and submitted, in writing, the staff recommendations.
Mr. Charlie Harris, applicant, stated he is the seller of this family operated small grocery store, and the majority of the beverage sales are to families in the immediate area. He
stated that in six (6) years of operation there have been no problems involving the police, and he does not allow teenagers to loiter at the store. He requested the Board approve this
request.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approved the above request subject to the following: 1) That the Occupational License be obtained within six (6) months.
Motion carried unanimously (6 to 0).
4. Lots 8 through 10 and part of vacated alley to the north, Blk. 8, Bay View City Sub. (3006 Gulf-to-Bay Boulevard)
Than Phudc and Kimtruc Thi Nguyen (Baby Dolls)/ William Bullard/Keith Johnson
CU 89-76
Request - 2-COP (On-premise consumption of beer and wine (CHANGE OF BUSINESS OWNERSHIP)
Zoned - CG (General Commercial)
Mr. Richter presented the background of the case and submitted, in writing, the staff recommendations. He advised that the Traffic Engineer has reviewed the application and indicates
under the current code this parking lot would be required to have 51 parking spaces, however the 2-COP license is in effect at this location and the parking is grandfathered. He stated
the Police Department has reviewed the application and find no reason to recommend denial.
Mr. Kenneth Arsenaulp, applicant's attorney, 655 Ulmerton Road, Largo, advised the applicant plans to purchase the business which is currently operating under a management agreement,
and plans to make renovations and operate with continuation of the existing use. He advised his client has no objection to the staff's recommended conditions.
No persons appeared in support of or in opposition to the above request.
Chairman Johnson advised a letter of objection was received.
After questioning by Ms. Nixon, Mr. William H. Bullard, applicant, stated he is not the manager of Tattletales, but he is part owner of Baby Dolls and Tattletales, which is the same
type of business.
Motion was made by Mr. Hamilton, seconded by Mr. Schwob, to approve this request subject to the following conditions: 1) That a new occupational license be obtained within six (6)
months; 2) That no outdoor speakers be used; and 3) That there be no entertainment involving topless or nude dancing. Motion carried unanimously (6 to 0).
5. Lots 7, 8, and 16 through 20, Blk. B, Bayside Sub #5 (672-4 South Gulfview Boulevard)
Elias Anastasopoulos and Gregory C. Politis (Gondolier Pizza)/Bill Sioutis
CU 89-77
Request - 2-COP (On-premise consumption of beer and wine (NEW LICENSE)
Zoned - CB (Beach Commercial)
Ms. Glatthorn presented the background of the case and submitted, in writing, the staff recommendations.
Mr. Schwob questioned Ms. Glatthorn as to whether there is a parking requirement problem on this site. Ms. Glatthorn advised there is none.
Mr. Bill Sioutis, applicant, stated his intent is for a family style pizza restaurant. He stated the establishment will not be any type of a bar, but will serve beer only with meals.
In support of the above request, the following persons appeared to give their comments:
Mr. Herbert Leonhardt, 706 Bayway Blvd, spoke about the requirement by State Statutes require the kitchen remain open the entire time the establishment is open. He suggested the City
research State/City/County requirements in order that all are consistent. Chairman Johnson stated he felt Mr. Leonhardt's comments should not be included in the record as it had nothing
to do with the subject item.
Mr. Peter Zhun, stated has no objection to this request. He felt this restaurant would afford tourists the opportunity to dine at locations other than the hotel at which they are staying.
In opposition to the above request, the following person appeared to give his comments:
Lt. Frank Palombo, 700 Bayway Blvd., stated that the police department does not now, nor have they ever, opposed license changes, location changes or business ownership changes. He
felt the position of the Police Department is clear and consistent: the beach is saturated with alcohol establishments and that any new license should not be granted, as any additional
similar establishments would be detrimental to the community.
Mr. Hamilton stated he agrees with Lt. Palombo that something needs to prevent further saturation. He stated the previous denial recommendation was due to the request having been outdoor
seating for 44 and for a 4-COP-SRX license, which is a totally different request. He advised as long as they keep everything inside and don't serve outside he has no problems with the
applicant's current request.
Ms. Nixon felt the Board must be consistent if allowing this type of establishment on the south end of the beach and not on the north end of the beach.
Mr. Johnson felt it is a proliferation of stores all along the beach and is against it.
Mr. Green felt, based on the code, he cannot vote against every liquor license on the beach, as there is nothing in the code that says no more liquor licenses on the beach. He felt
the specific circumstances under the code must be
examined for each particular request and the neighbors of this establishment are in favor of the request.
Mr. Schwob stated that he too, would like to see proliferation of the sale of alcoholic beverages on Clearwater Beach stopped, but agrees with Mr. Hamilton and Mr. Green that there is
nothing in the code to base voting against this request.
Motion was made by Ms. Nixon, seconded by Mr. Mazur to deny the above request. After roll call, the motion ended in a tie (3-3), with Mr. Johnson, Mr. Mazur and Ms. Nixon voting "aye"
and Mr. Schwob, Mr. Green and Mr. Hamilton voting "nay." Chairman Johnson advised a tie vote constitutes approval to deny the motion.
Mr. Richter advised that Code Section 137.019(f), states that for conditional use applications approval of at least 4 members of the board shall be required for approval, and any application
receiving a tie vote shall be rescheduled to the next regular meeting of the board at which time the application will be reheard. If at the rehearing the majority does not approve the
application with or without conditions the application shall be considered to be denied. This item shall be reheard October 31, 1989.
6. Island Yacht Club Condominium (200 Windward Passage, Boat Slip Unit 9)
Patrick Maguire
CU 89-78
Request - Marina Charter Service
Zoned - CG (General Commercial) & AL/C (Aquatic Lands/Coastal)
Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Patrick Maguire, applicant, stated his request is to use a 26-foot boat as a commercial marina. He stated he knows there has been a recent problem with someone operating a dive-boat
operation with 14 to 20 people. He stated the location is a commercial marina by definition in the Land Development Code and 70% of the slips in the marina are rented. He stated he is
an owner/user of the subject slip. He stated he meets use standards in the Code and ingress/egress are more than adequate. He stated the subject property borders commercially zoned property
and is the commercial area of Island Estates. He submitted a Declaration of Condominium which outlines uses of the Island Yacht Club (see attached) and people understand this is a commercial
marina not a residential marina. He stated parking has always been available to him, the boat will be operated by licensed captains, charters will be geared more to the experienced fisherman,
and competent people will run the operation. He submitted his own survey of parking usage which indicates parking has always been available (see attached). He felt the use is no more
than he could make of it himself with possibly a small profit. He stated the commercial use is an existing use and variances for parking at the location have been granted. He stated
he is in agreement with conditions of approval recommended by staff.
In support of the above request, the following person appeared to give his comments:
Mr. Richard Harris, licensed real estate broker and practicing real estate appraiser, stated he found, after investigation of the subject property, the surrounding property is commercially
oriented, the entrance to the marina is enclosed, and a key is needed to get to the boat slip. He felt there would be no additional noise created by the request. He advised a parking
variance has been granted in the past, there is adequate City parking, parking is available for Mr. Maguire's condo, and the use is consistent with private and governmental restrictions.
He felt the orientation of the use minimizes any impact on surrounding property and the use should not create any impact on the value of surrounding properties. He felt the use is appropriate
for the property. After questioning by Mr. Mazur, Mr. Harris felt parking would not be a problem because the captain could pick up customers and/or there is municipal parking adjacent
to the property. Mr. Harris clarified he is speaking primarily to values of surrounding properties and as he understands the conditional use does not create an additional burden that
he sees on the property. He stated on-site parking might possibly be a problem but with parking available adjacent to the subject property there should be no problem. He also clarified
he did not think property values would be impacted.
After discussion by the Board and staff it was determined that portion of Island Estates which included the marina was probably built under a different set of Code requirements in approximately
1960.
In opposition to the above request, the following persons appeared to give their comments:
Mr. David Alley, owner of slip 103, stated he knows of no commercial venture in the last 7 years and there has been no
precedent set. He thought the dive-boat operation was operating illegally and thought it has since stopped. He stated the area has commercial uses but the adjacent usage is not commercial.
He felt a commercial usage would change the entire atmosphere of the marina. He expressed concern that approval will set a precedent. He advised the Board at the marina has set up a
parking committee which felt approval will create traffic problems. He stated he is opposed to the above request. He stated the Condominium Association is on record as opposing the above
request.
Mr. William C. Held, Harbormaster, City of Clearwater, stated he received 3 letters from tenants, Mr. Robert Leeder, Ms. Cynthia Morgan, and Mr. & Mrs. Ray Drake, who oppose the request
(see attached). He stated the Marine Advisory Board, on October 10, 1989, reviewed the use and recommended denial based on the fact that parking is a problem. He felt with 4 persons
on the boat, the captain of the boat, and possibly a mate on the boat will add to parking problems at the marina. He stated that as Harbormaster he is recommending denial due to the
parking situation and due to the Board of Island Yachts took a position against commercial activities. He stated to his knowledge there is no commercial activity on Island Yachts. He
stated this Board, after reviewing liveaboard requests, has previously expressed concern about parking. After questioning by Ms. Nixon, Mr. Held stated he was told by the condominium
board that this type of activity was against its by-laws but was later told it is not against the by-laws but the Board of Directors has taken a position against any commercial activity
against Island Yachts. After further questioning by Ms. Nixon, Mr. Held felt the Board of Directors should look into the by-laws if they are going to take a position such as this.
Mr. Hugh Swift, 200 Windward Passage, stated he opposes the request as the area does not have a business atmosphere. He expressed concern that approval will set a precedent. He also
expressed concern about parking. He advised at the Condominium Board meeting held October 10 the Board members present voted to have the dive boat operation leave the marina. He also
advised that the by-laws will be looked at in February 1990 and the by-laws will be changed if so voted. He also stated that at the meeting held in October all persons present were in
opposition to the request.
Ms. Barbara Alley, owner of slip 103, stated she is in opposition and cited portions of the Declaration of Condominium which are pertinent to the above request. She expressed concern
that insurance rates would rise.
Ms. Glatthorn advised 6 letters from slip owners were received in opposition to the above request.
In final rebuttal, Mr. Maguire stated people did not buy residential units. He felt the request was to determine if the use would unreasonably diminish the use, enjoyment, or value of
anyone else's property which has not been shown by the opposition. He stated Mr. Held is not the Traffic Engineer and he felt Mr. Held's comments regarding parking are irrelevant. He
advised he would agree to additional conditions of approval that there be no on-site advertising or signage. He felt the Clearwater Marina has many commercial operations. He stated there
will be no mate on the 26-foot boat. He felt the Land Development Code protects his right to make reasonable use of his property and the use is not a heavy commercial operation. After
questioning by Mr. Schwob, Mr. Maguire stated the facility is open to the public and there would be no insurance increase just because a boat would be used for hire. He stated most of
the slips are currently being rented. He felt just because some people may not like the use proposed is not a reason to deny the request. He advised his own insurance would increase.
Mr. Schwob expressed concern that people chartering the boat and using the common areas may affect insurance. Mr. Maguire felt there has been no showing that such would be the case.
Mr. Mazur stated the City cannot enforce condominium by-laws and the Board must make its decision on the Land Development Code which requires a certain amount of parking for a certain
number of slips. He expressed concern about setting a precedent if the request is approved.
Mr. Maguire felt the operation would not impact the marina in any way and stated if he does not operate in an acceptable manner this Board should be able to revoke its approval. He felt
the opposition of neighboring property owners alone is not sufficient reason to deny the request.
Mr. Green stated he is not concerned about the neighbors not wanting the operation but he is concerned the parking situation would impose on the other properties.
Ms. Nixon stated there is no definition of "occasional" as it relates to charters. She felt the request is more an internal conflict as the applicant is meeting Code requirements but
the Code is not specific when you turn a condominium into a commercial venture. She stated she is opposed because of the parking problems.
Mr. Schwob expressed concern about parking and compatibility with surrounding uses. He stated the people either own or rent the slips and felt there was a difference in private boat
owners and carrying passengers for hire. He also stated
federal law makes a distinction that paying for riding on a vessel puts one in a different category. He felt paying for riding on a vessel was a different use than the surrounding owners.
Motion was made by Mr. Schwob, seconded by Ms. Nixon, to deny the above request. Motion carried unanimously (6 to 0).
C. Chairman's Items
Mr. Johnson expressed concern that the Board has been somewhat inconsistent in approval/disapproval of alcohol licenses, especially on the beach.
Mr. Schwob stated he would like to see proliferation controlled, but does not see anything in the code that prohibits proliferation. He felt he cannot vote against these requests with
nothing in the code on which to base a vote for denial.
Mr. Hamilton suggested the Board check into establishing a policy addressing convenience stores/package sales; and Ms. Nixon suggested having the City Attorney attend a meeting for the
purpose of discussing same. Mr. Mazur felt a special meeting could be called for discussing this issue.
D. Director's Items
Discussion Item - Draft of Planning and Zoning Rules and Regulations:
Discussion ensued regarding voting for approval/denial of conditional use requests when there is a tie vote, what constitutes a majority when reheard. The code states "at least 4 members"
must vote for approval and the Rules and Regulations states "a majority" must vote for approval.
Motion was made by Ms. Nixon, seconded by Mr. Mazur moved that Section VI, C be amended to read as follows "...if at the conclusion of the rehearing a majority (at least 4) members voting
do not approve the application...". Motion carried unanimously (6 to 0).
Motion was made by Mr. Green, seconded by Ms. Nixon, to approve the Planning and Zoning Board Rules and Regulations as amended. Motion carried unanimously (6 to 0).
E. Board and Staff Comments
Mr. Mazur commented there seems to be some confusion as to who can make application for and be required to attend hearings for conditional applications. He suggested the application
provide information identifying the business owner/operator and that this person/persons be required to attend the conditional use hearings. Mr. Richter stated this change will be made
on the conditional use application.
It was also discussed that an attorney may represent applicant/business owner/operator without a notarized statement of authorization being required.
Meeting adjourned at 4:28 p.m.
James M. Polatty, Jr., AICP, Director
Planning and Development Department