06/18/1991 MINUTES
PLANNING & ZONING BOARD
TUESDAY, JUNE 18, 1991
Members Present: Chairman Schwob, Messrs. Bickerstaffe, Carassas, Ferrell, Hamilton, and Savage
Members Excused: Mr. Mazur
Also Present: James M. Polatty, Director of Planning and Development
Scott Shuford, Planning Manager
Doreen Feldhaus, Recording Secretary
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.
A. APPROVAL OF MINUTES
Mr. Schwob stated the minutes for the June 4, 1991 were not available and will be reviewed at the next meeting.
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. (Continued from 6/4/91), REQUEST FOR EXTENSION - Part of Blk. 6, Wallace's Addn. to Clearwater, (606 Turner Street), Harold S. & Hazel M. Wallace, CU 90-80
Request - To permit outdoor retail sales display and/or storage of plants
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. He stated that this request was continued from June 4, 1991 to allow the applicant to
appear to answer questions by the Board.
William Wallace, 1583 Budleigh Street, applicant, stated he will be establishing a plant farm and nursery. He stated that since the conditional use was approved on December 11, 1990
he has been discussing the parking issue with city staff and is making every effort to resolve the parking requirements.
Discussion ensued regarding the length of the extension to be granted, and the possibility of the applicant seeking a variance.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to grant an extension of nine (9) months from the date of this public hearing. Motion carried unanimously (6 to 0).
2. (Continued from 5/14/91), Lots 8-11, Blk. 8, Clearwater Beach Sub. Rev. Plan (32 Bay Esplanade), Pick Kwik Food Stores, Inc./Nostimo, Inc., CU- 91-40
Request - To permit package sales of beer and wine
Zoned - CB (Beach Commercial)
Mr. Shuford stated this item has been continued several times and that a letter was received from the applicant requesting this request be continued to July 30, 1991. The applicant
is requesting this additional continuance due to the Board membership situation and that they would rather their request be reviewed by a full Board.
Motion was made by Mr. Savage, and seconded by Mr. Bickerstaffe, to continue the above request to the July 30, 1991. Motion carried 5 to 0, (with Mr. Hamilton abstaining).
C. CONDITIONAL USES:
1. Lot 29, Bayside Sub. 2, (214 Brightwater Dr.) Laurence J. and Barbara S. Miller
CU 91-45
Request - To permit marina dock replacement
Zoned - CR-28 (Resort Commercial) and AL/C (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
John Lombardi, of Gibson Marine Construction, Inc., 10975 49th Street No., representing the applicant, stated the dock will be used for fishing and recreation only and not for berthing.
He stated that the applicants have no objection to any of the recommended conditions of approval.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Ferrell, and seconded by Mr. Hamilton, 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; 2) Liveaboards shall be prohibited from occupying the existing slips in the marina; and 3) The dock shall not be used for berthing watercraft
for periods longer than 24 hours.Motion carried unanimously (6 to 0).
2. M&B's 41.01, 41.02, 42.02 and 42.03, Sec. 30-28-16, Countryside Mall (27001 US 19 N, Suite 2083), Bellwether Properties of FL LTD (Cajun Gourmet Corp. of FL, Inc./Big Easy Cajun)
CU 91-46
Request - To permit on-premise consumption of beer and wine
Zoned - CC (Commercial Center)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Darryl Smith, 2909 Gulf to Bay Blvd., Regional Manager for Big Easy Cajun Restaurants, stated he would be glad to answer any questions the Board members have regarding this request.
In response to questions by the Board, Mr. Smith stated this location will be operated in the same manner as other Big Easy Cajun Restaurants.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The sales of alcoholic beverages shall be restricted
to consumption on-premises with no package sales; 2) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; and 3) The applicant
shall obtain approval from the City Commission for a zero ft. variance to the 200 ft. separation distance from another 2-COP (Schnickel Fritz) on-premises consumption sales establishment.
Motion carried unanimously (6 to 0).
3. M&B 22.03, Sec. 05-29-16 (24641 US 19 N) Allan B. Davis, Trustee, (Glenray Corp/Beachnuts Cafe),
CU 91-47
Request - To permit on-premise consumption and package sales of beer and wine
Zoned - CH (Highway Commercial) and OG (General Office)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Glen Gagliardi, 24641 US 19 No., Suite 500, applicant, stated they wish to continue selling beer and wine with approval of this conditional use has they have for the past 2 years.
In response to questions by the Board, Mr. Gagliardi stated there will be no changes in the operation of the business and that he personally manages and supervises the business.
Discussion ensued regarding the staff's recommended condition concerning outdoor seating or other expansion of floor area.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to approve the above request subject to the following conditions: 1) The package sales of alcoholic beverages shall comply
with the requirements of Section 72.15 of the City Code, and 2) The requisite occupational license shall be obtained within six (6) months from the expiration date of its current occupational
license. Motion carried unanimously (6 to 0).
4. M&B 11.05, 11.06 and 11.061, Sec. 19-29-16 (19666 US 19 N) Veta Louise Gillenwaters, Pamela Lee Colvin, Pauletta Lucille Rogers, Terri Lynn Presnell, Trustees, (Kenyon Power Boats)
CU 91-48
Request - To permit outdoor retail sales, displays and/or storage
Zoned - CH (Highway Commercial)
Mr. Shuford stated a letter from the applicant was received requesting continuance due to the staff's recommendation for denial.
Motion was made by Mr. Hamilton, and seconded by Mr. Ferrell, to continue the above request to July 16, 1991. Motion carried unanimously (6 to 0).
5. M&B 34.031, Sec. 23-29-15 (1515 S Highland Ave) North Lake/Belle Plaza Joint Venture
CU 91-49
Request - To permit vehicle service
Zoned - CC (Commercial Center) and OL (Limited Office)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
James Baxter, 918-A Drew Street, applicant's attorney, stated the area of the building in which they will be operating this business will not interfere with the surrounding residential
area. He stated he felt this request meets all criteria for the granting of a conditional use. Mr. Baxter provided a letter from an adjoining property owner stating he has no objection
(attached). Mr. Baxter stated the applicant is willing to install a buffer for the residential area.
Dan Solano, P.O. Box 428, Mango, FL, representative for the agent, stated that the shopping center has been open for 5 months and they have always wanted to be a good neighbor. Mr.
Solano stated they put up fencing at the rear of the property that was not a condition for development, and did extensive landscaping. He noted that they have received an award from
the Chamber of Commerce for Beautification. Mr. Solano stated they were not aware there was any problem with this request until receiving the staff report in the mail. He felt that
this is a neighborhood use that is needed in the community.
In response to questions by the Board, Mr. Solano stated the proposed hours of operation will be 7am-7pm weekdays, they will be open ½ days on Saturdays, and closed on Sundays. The
operation will be similar to a Goodyear Tire business with the majority of their business being tires. Mr. Solano stated the maximum number of vehicles for service at one time would
be eight.
Discussion ensued regarding access in and out of the center, the location of the service bays, parking, and storage of tires.
Discussion ensued with the Board members expressing their concern regarding having a representative from American Discount Tires to answer questions, rather than a representative from
the shopping center, and whether to continue this item for that reason.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to continue the above request to July 2, 1991. Motion carried unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. To consider application for Land Development Code Text Amendment: An ordinance of the City of Clearwater, Florida relating to the Land Development Code; creating Section 136.031,
Code of Ordinances, adopting standards and specifications for stormwater detention facilities, and providing for payment in lieu thereof; amending Section 137.010, Code of Ordinances,
relating to site plans and stormwater detention requirements for development projects for which site plan approval is required; providing an effective date.
Mr. Shuford briefly reviewed the Ordinance and introduced Bob Maran from the city's Public Works Department.
Mr. Maran discussed the ordinance at length with the Board members.
Discussion ensued concerning continuing this item to allow the Board members more time to review the Ordinance and to have a full Board for discussion to make a recommendation.
Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to continue the above amendment to July 2, 1991. Motion carried unanimously (6 to 0).
E. CHAIRMAN'S ITEMS
Mr. Schwob stated he had nothing for discussion under Chairman's items.
F. DIRECTOR'S ITEMS
Mr. Shuford called the Board's attention to a new form the Planning Services Division will be utilizing for requests for extensions.
Mr. Shuford stated that it has been a pleasure working with Mr. Ferrell and thanked him for serving on the Board.
G. BOARD AND STAFF COMMENTS
Mr. Ferrell stated it has been his pleasure working with staff and all the Board members.
Meeting adjourned at 3:15 p.m.
James M. Polatty, Jr.
Director of Planning and Development