11/03/1992 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, NOVEMBER 3, 1992 - 1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Mazur, Messrs. Bickerstaffe (arrived at 1:47 p.m.), Carassas (arrived at 1:37 p.m.), Hamilton, Merriam, and Savage
Members Excused: Ms. Martin
Also present: Scott Shuford, Planning Manager
James M. Polatty, Jr., Director of Planning & Development
Sandra E. Glatthorn, Senior Planner
Vickie Davenport, Recording Secretary
Doreen Feldhaus, Staff Assistant II
ITEM
A. APPROVAL OF MINUTES
A motion was made by Mr. Savage, and seconded by Mr. Hamilton to approve the minutes of October 13, 1992. Motion carried unanimously (4 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. (Continued from 9/29/92 & 10/13/92)
M&B 14.11, Sec. 18-29-16 (20866 US 19 N), Russell and Barbara J. Dilley, Trustees (Personalities), CU 92-68
Request - To permit on-premise consumption of beer and wine
Zoned - CH (Highway Commercial)
Mr. Shuford advised that staff recommends continuance to allow the Police Department to complete their background investigation, and to allow time for the applicant to submit additional
information requested by staff.
A motion was made by Mr. Carassas, and seconded by Mr. Savage to continue this request to the November 17, 1992 meeting. Motion carried unanimously (5 to 0).
2. (Continued from 10/13/92)
M&B 11.01, Sec. 8-29-16 (2907 SR 590 #1), Mission Hills Plaza Venture (John & Cynthia Nadeau/Johnny's Italian Restaurant), CU 92-72
Request - To permit on-premise consumption of beer & wine
Zoned - CN (Neighborhood Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, John Nadeau, 2907 S.R. 590 #1, was present. He indicated that he had nothing to add to the staff recommendation.
Pro: None
Con: None
A motion was made by Mr. Hamilton, seconded by Mr. Carassas, to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within
six months from the date of this public hearing; 2) The applicant shall obtain from the City Commission the requisite separation variance; 3) There shall be no entertainment, outdoor
seating or speakers; 4) The sale of beer and wine for on premises consumption shall be prohibited after 12:00 midnight; and 5) There shall be no customer accessible display areas
for package sales.
C. CONDITIONAL USES:
1. Lots 13 through 15, Blk. D, Bayside Sub. No. 6 Unit C, and Lot 12, Blk. D, Bayside Sub. No. 6 Unit A (850 Bayway Blvd.), CU 92-75
Request - To permit marina expansion for a total of 27 slips
Zoned - CR-28 (Resort Commercial) & AL/C (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Discussion ensued with the Board and staff regarding parking at this site.
William Held, Harbormaster for the City of Clearwater, stated he is concerned about the length of dock exceeding our 25% width waterway requirement by about 7 l/2 feet. He felt if the
dock is 140 feet from the seawall, it will not cause a navigational problem. He recommended that the marina have no permanent fueling facility and no liveaboard vessels. Mr. Held added
that he is also concerned about the tieups on the easternmost side of the dock. He noted that the applicant is requesting 27 slips, which does not include the 140 foot section on the
easternmost side of the dock. He recommended the following condition: No boats shall be moored on the eastern side of the dock and proper signage be installed.
Applicant's representative, Gary Welsh, 250 Patrick Blvd., Brookfield, WI., stated that they had obtained approval for a restaurant in the past, however they have changed the use of
the building due to all the opposition in the area and getting approval for the parking variance. Mr. Welsh stated that they have sold the restaurant equipment and now meet City code
requirements for parking. He stated that he felt one year may not be sufficient time to obtain the building permit.
In response to questions from the Board regarding the seawall, Mr. Welsh stated concerns about getting the dock approved, so that repairs can be done on future use.
Pro: None
Con:
Bob Hamilton, 862 Bayway, stated he owns 4 slips adjacent to this property. He is concerned with the 140 foot walkway.
Discussion ensued regarding the request.
A motion was made by Mr. Hamilton, seconded by Mr. Carassas, to approve the request subject to the following conditions: 1) Prior to the issuance of a building permit, a revised plan
shall be submitted showing the following: a) Tabulation table showing the Land Development Code requirements and the proposed site data for parking, perimeter and interior landscaping,
screening, and handicapped parking; b) Redesign of the dock to meet the three concerns of the Harbormaster; c) An accurate plan that reflects the existing and proposed conditions
on the site; 2) No on-site fueling or liveaboards shall be permitted; 3) Any additional commercial vessel activity (including but not limited to the number of vessels or an increase
in the number of passengers served by those vessels) other than the existing Zenith Charter operation (at its current level of operation), shall require additional conditional use permit
approval; 4) The requisite building permits shall be obtained within one year from the date of this public hearing; 5) Not more than 27 slips shall be permitted; no tie-ups shall
be permitted on the easternmost side of the dock and this area shall be appropriately signed to prohibit boats from tying up to the dock in this area; and 6) All transient vessels
shall meet all City Code requirements. Motion carried 5 to 1 ( with Mr. Mazur voting "nay").
2. Lots 12 & 13, Earll & Tate's Sub. (22 N Ft. Harrison Ave.) Appolo, Inc. (Athens by Night, Inc.), CU 92-74
Request - To permit on-premise consumption of beer, wine & liquor
Zoned - UC(C) (Urban Center Core)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Carassas stated he has a conflict with this request and will not participate in the discussion or vote.
Applicant, Ted Tsafatinos, 667 Snug Island, Clearwater, stated that he feels that the business would be beneficial to the downtown area.
Pro: None
Con: None
A motion was made by Mr. Hamilton, seconded by Mr. Bickerstaffe, to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained
within six months from the date of this public hearing; and 2) Alcoholic beverage sales shall be limited to legal hours only. Motion carried 5 to 0, with one abstention.
3. Lot 1, Clwr. 19 Commerce Park (22067 US 19 N), Frank C. Kunnen, Jr. (Clwr. 19 Commerce Center), CU 92-76
Request - To permit vehicle service; and outdoor retail sales, displays and storage
Zoned - IL (Limited Industrial)
Mr. Shuford stated that a letter was received from applicant requesting continuance to the November 17th meeting.
A motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to continue this request to the November 17, 1992 meeting. Motion carried unanimously (6 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
None
E. CHAIRMAN'S ITEMS
Mr. Mazur brought up the many requests for continuances and extensions having to do with limiting the time periods. He would like guidelines set up regarding this. Discussion with
Mr. Shuford ensued, with an indication that guidelines and ordinance changes would be brought to the Board at a subsequent meeting.
F. DIRECTOR'S ITEMS
Sandy Glatthorn, Senior Planner, made mention of the Board's denial of the PPC Consistency Program at the last meeting. She stated that staff received a letter from Mr. David Healey,
Executive Director of Pinellas Planning Council, who requested to speak to the Board regarding this issue. She also indicated that at the City Commission work session on November 2,
1992, the primary concerns were about the Beach Commercial area and Morton Plant in regard to the Special Activity Center overlay provision that is being given in the new Countywide
rules.
Mr. Healey discussed in detail with the Board the PPC Consistency Program and the concerns expressed by the Board.
Mr. Shuford discussed the proposed meeting dates for 1993. The Board members had no objections to the schedule.
G. BOARD AND STAFF COMMENTS
Meeting adjourned 4:10 p.m.
_____________________________________________________________
James M. Polatty, Jr., Director of Planning and Development