03/19/1991
MINUTES
PLANNING & ZONING BOARD
TUESDAY, MARCH 19, 1991
Members Present: Chairperson Schwob, Ms. Nixon, Messrs. Ferrell, Johnson and Hamilton
Members Excused: Mr. Mazur
Also Present: James M. Polatty, Director of Planning and Development
Scott Shuford, Planning Manager
Doreen Feldhaus, Recording Secretary
Pat Fernandez, Staff Assistant II
Chairperson Schwob 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. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
NONE
C. CONDITIONAL USES:
1. Lots 2 and 3, Clearwater Collection First Replat, (21820 U.S. 19 N) Clearwater
Collection Association (Homestyle Family Buffet), CU 91-21
Request - To permit on premise consumption of beer and wine
Zoned - CPD (Commercial Planned Development) and AL/C (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Mr. William Fox, 2955 Landmark Way, Palm Harbor, spoke about their desire to serve beer and wine in this restaurant. Alcoholic beverages will have to be obtained from a separate area
manned by personnel. A meal has to be purchased before a patron can purchase their beverage.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Mr. Ferrell, to approve the above request subject to the following conditions: 1) The sale of alcoholic beverages shall be restricted
to consumption on premises with no package sales; and 2) The applicant shall obtain the requisite occupational license within six (6) months of the date of this public hearing. Motion
carried unanimously (5 to 0).
2. Unit 1, Island Moorings Condo (234 Dolphin Pt.), Richard & Diane McKibben, CU 91-22
Request - To permit marina boat lift
Zoned - RM-20 (Multi-Family Residential) and AL/C (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Larry Fisk, Dolphin Marine, 13056 Faxton Street, applicant's representative - Mr. Fisk stated the Harbormaster and the condominium association have approved the request. He discussed
other companies putting in boat lifts without permits and how it affects his business.
Motion was made by Mr. Hamilton, and seconded by Mr. Johnson, to approve the above request subject to the following conditions: 1) The applicant shall obtain requisite building permit
within six months of this public hearing; and 2) The subject boat lift/slip shall be used exclusively by the slip owner and shall not be rented, leased or used by others. Motion carried
unanimously (5 to 0).
Discussion then ensued, involving Mr. Fisk, concerning how City codes could be modified to reduce the number of conditional use permits required for this type of use.
D. LAND DEVELOPMENT CODE TEXT AMENDMENTS:
Mr. Shuford reviewed each proposed amendment.
1. Amending Section 136.006, Code of Ordinances, relating to setbacks, to establish standards for free standing canopies projecting into certain required setbacks, and prohibiting the
projection of free standing canopies over street rights of way; requiring a minimum clearance over grade of at least nine feet, rather than eight feet, for certain building projections
over street rights of way; defining "free standing canopy"; providing an effective date.
Motion was made by Mr. Johnson, and seconded by Mr. Hamilton, to approve the above request. Motion carried unanimously (5 to 0).
2. Amending Section 135.187, Code of Ordinances to provide for two additional methods for determining lot development of mixed uses involving residential and other permitted uses; providing
an effective date.
Motion was made by Mr. Hamilton, and seconded by Mr. Ferrell, to approve the above request. Motion carried unanimously (5 to 0).
3. Amending Sections 137.019 and 137.020, Code of Ordinances, to reduce the quorum of the Planning and Zoning Board from five to four members, to reduce the quorum of the Development
Code Adjustment Board from four to three members, and to provide for continuances when less than a quorum is present at a meeting of either board; providing for two alternate members
of the Development Code Adjustment Board; providing an effective date.
Discussion ensued with the Board members expressing concerns including the following: A problem occurs only when the Board is short one member or a member declares a conflict under.
Under the proposal, four votes are required for a quorum as well as for a conditional use to pass. An applicant appearing before the Board in that instance could request a continuance
or proceed.
Motion was made by Ms. Nixon, and seconded by Mr. Ferrell, to approve the proposed amendments to Section 137.019. Motion carried unanimously (5 to 0).
Motion was made by Ms. Nixon, and seconded by Mr. Johnson, to approve Section 137.020 with the suggestion that the D.C.A.B. increase its membership to seven (7) members. Motion carried
(4 to 1).
4. Amending Section 137.016, Code of Ordinances relating to Land Use Plan amendments, to exclude from the impact assessment requirement any Land Use Plan amendment for which a certificate
of capacity has been applied for; providing an effective date.
Motion was made by Mr. Hamilton, and seconded by Mr. Johnson, to approve the above request with the agenda item corrected to read certificate of capacity and not certificate of occupancy.
Motion carried unanimously (5 to 0).
5. Amending Section 136.023, Code of Ordinances, to revise the interior landscape standards for parking lots and vehicular use areas containing between 4,000 and 8,000 square feet, and
for parking lots and vehicular
use areas containing more than 8,000 square feet; establishing soil treatment requirements for all required parking lot landscaping; providing an effective date.
Discussion ensued with the Board members expressing concerns about the percentage of palms a shopping center may include in their landscaping plan.
The Board asked Mr. Johnson to make his final motion as a Board member. Motion was made by Mr. Johnson, and seconded by Ms. Nixon, to approve the above request. Motion carried unanimously
(5 to 0).
Mr. Johnson then requested permission to leave the meeting now that all agenda items requiring action has been dispensed with. Permission was granted by the Chairman, with all members
wishing Mr. Johnson well.
E. CHAIRMAN'S ITEMS:
Next meeting will be April 2, 1991. Mr. Ferrell will be on vacation.
G. BOARD AND STAFF COMMENTS;
Ms. Nixon provided newspaper clippings and asked about the following: The gift of 25 live oak trees to Crest Lake park from the Post Court Apartments. Her concern was the reason the
trees were donated as they received publicity for the gift.
An ad for Buzzards Bay Cafe, in Island Estates, prompted her to ask if the restaurant was in Clearwater and if the Board had considered the use of alcoholic beverages at their establishment.
Some members recalled it being permitted.
Her final item was Beachnuts Cafe, on U.S. 19 next to Ken Marks Ford, and do they serve alcoholic beverages. She questioned if it was located in Clearwater.
The meeting adjourned at 3:00 p.m.
James M. Polatty, Jr., Director of Planning and Development