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03/16/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, MARCH 16, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Hamilton, Messrs. Bickerstaffe, Carassas, Mazur, Merriam, Savage Members Excused: Ms. Martin Also present: Scott Shuford, Planning Manager Etim Udoh, Planner I Vickie Davenport, Recording Secretary ITEM A. APPROVAL OF MINUTES - None. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None. C. CONDITIONAL USES: 1. M & B 33.02 and 33.021, Sec 20-29-16, Levitz Plaza Shopping Center, (18425 US Hwy 19 N), Home Shopping Network Realty, Inc (Rocky's Pub), CU 93-13 Request - to permit on-premise consumption of beer and wine Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Monte Mitchell, 2710 Hibiscus Dr. W., Belleair Beach was present. Mr. Mitchell stated he has not owned a business like this before, but will hire a manager that has experience. He will be open weekends and hours of operation will be from 11:00 am to 2:00 p.m. Pro: Maggie Wonderleigh, 7800-B 46th Ave. North, St. Petersburg, was present. She stated that she had sold this place of business previously and the people they sold it to abandoned the property, so she had to go back in and assume the lease. Ms. Wonderleigh stated the person Mr. Mitchell has hired is very experienced in this type of business. Con: None A motion was made by Mr. Carassas, and seconded by Mr. Mazur, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; 2) The sale of alcoholic beverage shall be limited to consumption on premises with no package sales; 3) The applicant shall obtain the requisite separation variance approval from the City Commission. Motion carried unanimously (6 to 0). 2. M & B 13.02, Sec 1-29-15, (1915 N Hercules Ave), Markos and Maria Poniros (John & Cecylia Spain/Boomerangs Cafe), CU 93-14 Request - to permit on-premise consumption of beer, wine, and liquor Zoned - CN (Neighborhood Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, John & Cecylia Spain, 6222 Biogrand Blvd., St. Petersburg, was present. They stated they have no problem with conditions as presented by staff. Pro: Louis Bakkalapulo, Attorney, 3000 Gulf to Bay, Suite 301, Clearwater, was present. The owner, which is his client, plans on being available for consultation and make sure the transition is smooth for the new buyers. The Spain's are going to be keeping the business the same as it has been in the past. Con: None A motion was made by Mr. Merriam, and seconded by Mr. Carassas, to approve this 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 sale of alcoholic beverages shall be restricted to consumption on premises with no package sales; and 3) The applicant shall maintain the existing kitchen facilities and provide food service to within one (1) hour of closing. Motion carried unanimously (6 to 0). 3. Lots 2 thru 4, 12, & 13, part of Lots 1 and 14, Blk 17, Milton Park, and Lot 2, Blk 2, H E Tooke; vacated alley and vacated street, (615-627 Pinellas St), William O Nunamaker Trustee (Nunamaker Industrial Park), CU 93-15 Request - to permit vehicle service Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Susan Nunamaker, 625 l/2 Grand Central St., presented notarized letter allowing her to speak on this item. Pro: None Con: None A motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage, to approve this request subject to the following conditions: 1) All vehicle service and storage for parts shall be performed within the building; and 2) The initial requisite occupational license shall be obtained within six months from the date of this public hearing. Motion carried unanimously (6 to 0). 4. Lots 5 thru 11, Blk D, Bayside Sub No 6 Unit A, (830 Bayway Blvd), Clearwater Yacht Club Inc, CU 93-16 Request - to permit liveaboards in two existing marina slips Zoned - CR 28 (Resort Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated that two letters were sent in opposition of this request. Discussion from the Board ensued regarding whether the slips should be specified where this will occur. Applicant, Fairlie Brinkley, 1725 Falls Rd., was present. He stated there are problems with theft and trespassing on the property. In response to questions from the board, Mr. Brinkley indicated that he would revise his request for two slips to one slip. Mr. Brinkley stated that concerning the designation of a slip, that he would not know which slip because it would depend on the size of the boat. Pro: None Con: Mary Denatelli, 830 South Gulfview Blvd., was present. She stated that if it is mainly for security reasons, maybe Mr. Brinkley should look into hiring a guard. Mrs. Denatelli is very concerned about the noise level. Mr. Brinkley spoke in rebuttal. He stated that they are only trying to keep someone on the property to make sure nothing happens on the property. In answer to why they don't hire a guard, Mr. Brinkley answered that they don't want to handle it that way and that there is a financial reason too. He thinks people in area would benefit from having this slip. Discussion continued regarding the parking variance. A motion was made by Mr. Mazur, and seconded by Mr. Merriam, 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 live-aboard facility shall be limited to one marina slip only; 3) The applicant shall consent to an inspection of the live-aboard vessels by the Harbormaster to ensure that pumping facilities and sanitation services are available; 4) No more than two persons shall reside on the vessel; 5) No fuel storage facility or sanitary pump-out station holding tank shall be located over water; 6) Landside sanitary facilities or a sanitary pump-out station shall be provided and shall be available to marina slip users 24 hours a day; and 7) The applicant shall obtain any necessary parking variance approval from the Development Code Adjustment Board. Motion carried unanimously (6 to 0). 5. M & B 41.05, Sec 9-29-15, (701 N Ft Harrison Ave), Tri-High Corp (Quick Check Food Mart), CU 93-17 Request - to permit package sales of beer and wine Zoned - CN (Neighborhood Commercial) and RM-8 (Multiple Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Carlton Ward, 1253 Park St., was present. He stated that the operation will remain the same, and, in response to questions by the Board, stated that the owners do have experience in retail business in this country for the past 7 years. Pro: None Con: None A motion was made by Mr. Savage, and seconded by Mr. Mazur, to approve the request subject to the following conditions: The requisite occupational license shall be obtained within six months from the date of this public hearing. Motion carried unanimously (6 to 0). Mr. Mazur left the meeting. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. The City of Clearwater proposes to adopt a Development Agreement between the City of Clearwater, Murray Sorin and Sorin Realty Corporation, applicants, for property located at 2495 Gulf-to-Bay Boulevard, Clearwater, FL, legally described as Section 18-29-16, M&B 42.01, 42.02, 42.08, and 42.09. The Development Agreement authorizes the development of up to 140,055 square feet of retail commercial floor area. The proposed Development Agreement does not involve residential development so city population densities are not affected. The maximum building height is 50 feet in the commercial zoned portion of the site and 30 feet elsewhere. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant representative, Ed Armstrong, Attorney at Johnson, Blakely, Pope, Bokor, Ruppel & Burns, 911 Chestnut Street, was present. Discussion ensued regarding the transportation impacts fees being pre-paid, and also regarding the curb cuts and outparcels. Mr. Armstrong stated that they do not have any use license easement contract with Florida Power at this time. Nick Karray, District Manager of Florida Power, 1835 Santa Barbara Dr., Dunedin, was present. Discussion about the right-of-way utilization. Discussion ensued about the parking requirements and in the future if they need overflow parking, they could contact them and make proper applications then. Mr. Karray stated that he is not in opposition of the development, in fact, he would like to see the development work. A motion was made by Mr. Carassas, and seconded by Mr. Savage, recommend endorsement that the City Commission adopt the Sorin Development Agreement as presented by city staff, including the revision to Recital 3 on page one of the agreement inserting the word "adjacent", and with the understanding that the city code will be revised to permit a 10 year term for Development Agreements prior to execution. Motion carried unanimously (5 to 0). E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS Mr. Shuford handed out a memo attachment on the Joel 'n Jerry's issue regarding the landscaping. G. BOARD AND STAFF COMMENTS Adjournment: 3:15 p.m. ____________________________________________________________ James M. Polatty, Jr., Director of Planning & Development