02/05/1991 (2)
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ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, FEBRUARY 5,1991 .1:30 PM
c;-~ c.,l~k
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PLEDGE OF ALLEGIANCE
INVOCA lION
IrEM
A. APPROVAL OF MINUTES
1. Decombel 11, 1990
2. Januarv 8. 19!)1
ACTION
RECEIVED
FEB 7 1991
CiTY CLERK
APt>ROVED
CONTINUED
CONDITIONAL USES. ANNEXATION, ZONING. LAND USE PLAN AMENDMENTS, LAND
DEVELOPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALl. TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
1. The Chairperson reads from the Public Hearing Notice each item as it is presented.
2. The staff report and pertinent background information are presented. . 5 mInutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. . 5 minutes maximum.
6. Persons who support the application speak. J mlnutos maximum for oach Individual;
or spokosperson for group - , 0 minutes maximum.
7. Persons who oppose the application speak - J minutes maximum for each Individual; or
spokesperson for group - 10 minutes maximum.
8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebuttal. 3 mlnutos maximum.
10. The applicant has an opportunity for final rebuttal. 5 minutes maximum.
11. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL
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S. REOUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
1.
Continuod from 12/11/90 and 1/8/91
lots 8-10 and part of vacated aUey to the
north, alk. B, Bay View City Sub.
(3006 Gulf to Bay Blvd.) Thanh Phuoc
Nguyen and Kimtruc Thi Nguyen
(Baby Dolls)
CU 90-90
DENIED
Request. To permit on promise consumption of
beer and wine
Zoned. CG (General Commerciall
C. CONDITIONAL USES:
1.
Lots 1-10, Blk. C. Bayside Shores
(735 Bayway Blvd.) William Kcbort
(Coyotes Surf Club & Restaurant)
CU 91 -04
DENIED
2.
Request. To permit on premise c.onsumption of
beer, wine and liquor
Zoned. CB (Beach Commercial)
Slip #9, Island Walk Condo, Island Estates
(690 Island Way. Unit #2031 C. Vaughn &
Sandra M. Driskell
CU 91-05
Approyod subject to tho following condition:
Tho llpplicant shall procure II bulldlng permit
within six (6) months of this public hearing.
Rcquest . To pmmit marina boat lift
Zoned. RM.28 (Multiple-Family I and
AlIC {Aquatic lands/Coastal)
P & Z ACTION AGENDA
02/05/91
3. M&B 32.03, Sec. 30.28-16 and M&B 21.02, Approved subjoct to tho following condition: .
Sec. 31-28-16 12506 Countryside Blvd,} Tho requlslto occupational Ilcenso shall bo
Executive Corp. of Clearwater, Inc, obtalnod within six IG} months of tho doto of
(Diamonds Sportsbar and Restaurant) this public haarlng.
CU 91-06 {-.
Request - To permit on premise consumption 01 ,
beer, wine and liquor
Zoned - REC/PD (Recreational Plann~d
Developmentl
4. Boat Slip 76, Island Yacht Club Condo, Approved subject to tho following condition:
Island Estates (200 Windward Passage) Tho applicant sholl procuro a building permit
Tampa Boat Mart, Inc. (AI Cainl withIn six months of this public hearIng.
CU 91-07
Request - To permit marina boat lift
Zoned - CG (General Commerclall and
ALlC (Aquatic Lands/Coastal)
5. M&B 22.02, Sec. 17-29-15 (521 GulJview Blvd.) DENIED
Equitel (J.P. Howls/Holiday Inn Gullvlewl
CU 91-08
Request - To permit outdoor commercial
recreation/entertainment Ibicycle & motor
scooter rentalsl & temporary building
Zoned - CR-2S (Resort' Commercial} .
6. M&B's 33.02, Sec. 20.29.16 (18425 U.S. 19 NI Approved subject to the following condltfons:
Home Shopping Network Realty, Inc. 1) The requisite occupetlonal license shall be
(Maggie's Pub) obtaIned within six {61 months of the date of
CU 91.09 this public hearing; and
21 The use shall be limited to on premise
Request - To permit on premise consumption of consumption of alcohol only with no packago (
beer, wine and liquor sales. ~~~. ".
Zoned - CC ICommercial Center)
7. Lot 1, Columbia Sub 114 (401 Coronado Dr.) DENIED
Lois Jean Clymer (Chix and Ribs)
CU 91-10
Acquest - To permit on premise consumption of
beer, wine and liquor
Zoned - CR-28 (Aesort Commercial)
8. M&B's 22.03, 22.031 & 22.04. Sec. 15.29-15 Continued to 2/19/91
1801 Drew St.) Southland Corporation
CU 91-11
Request - To permit child day care
Zoned - UC/E lEas tern Corridor Subdistrict,
Urban Center District)
9. M&B's 14.04 & 14.05, Sec. 19-29-15 DENIED
(1370 Gulf Blvd.1 Amza D. & Neirn B. Abdulla;
CU 91-12
Request. To permit rental 01 motorized
watercraft (use not specifically identified in
codel
Zoned -' CG lGeneral Commercial), AUC {Aquatic
Lands/Coastall and OS/R (Open Space/
nccreation)
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P & Z ACTION AGENDA
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02/05/91
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, O. Lot 2. Studebaker's Sub.1251 6 Gull to Bay
Blvd.) Equator, Inc, lCalypso Bay Cafc}
CU 91.13
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ReQuest - To permit on premise consumption of
beer, wine and liquor
Zoned - CG lGeneral Cummercial)
D.
ANNEXATIONS, ZONING, LAND USE PLAN
AMENDMENTS, LAND DEVELOPMENT CODe
TEXT AMENDMENTS, AND LOCAL PLANNING
AGENCY REVIEWS:
1.
Parts of Lots 1 and 2, Sec. 1-29-15, Pinellas
Groves Sub., Located on the south side of
Sunset Point Road, approximately 350 ft. west
of Hercules Ave. (K.D. Sauder, Trustee)
A 90-13, LUP 90-18
LUP - From unclassified to Commercialrraurist
Facilities
ZONE - eN (Neighborhood Commercial)
2.
Part of Lots 11 & 12, E. A. Marshall's Sub. as
originally platted and Part of Lot 18 located on
the northeast corner of State St. and Betty Lane
ICity of Clearwater)
A 90-14, LUP 90.20
LUP - From unclassified to Recreation
ZONE - aSIA IOpen Space/Recreationl
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
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P & Z ACTION AGENDA
Approved subject to tho followIng conditions:
1} The applicant successfully trander the 4-
COP.SRX Florida Stete doslgnated nlcohollc
bevorage license; ,
21 The applicant obtaIn requIsite occupational
IIcenso within two (2) months of tho date of this
publlc hObrlng:
31 Tho sllle of alcoholic bovorllges shall bo
rllstrlctod to cor.sumptlon on promlsos with Or)
package sales:
41 The applicant shaH provldo proof to tho City
of Clearwater of an a~roemont with tho Ropubllc
Bonk for overflow pnrklng, this tlgroomontl
oasomonts must be satisfnctory to tho City
Attorney prior to Issuance of the occupational
llconso;
51 The applicant shall provide the PlannIng and
Developmont Deportmont with D sooting plan
which meets tho standards descrlbod In tho
Archltoctural Graphic Standards manual,
Amorlcan Institute of Architects, for table slzos
and alslo wIdths: this sooting plan sholl be
adhered to at all tImes by the management at
the proposcd nIghtclub;
61 Tho requirements of tho 4-COP.SRX license
shall be adhered to at all times by tho
management of the proposed nightclub, and a
copy of thIs IIcenso shall bo provIded to tho
Planning and Developmont Deportment; end
71 No outdoor spenkers or outdoor
ontertnlnment shall be permitted.
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APPROVED
APPROVED
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02/OS/91
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MINUTES
PLANNING & ZONING BOARD
TUESDAY, FEBRUARY 5, 1991
Members Present:
Chairman Schwob (arrived 2:25 p.m.), Ms. Nixon, Messrs. Gans, Hamilton,
Johnson, and Mazur
RECE111ED
Mr. Ferrell
~PR 2 3 1991
James M. Polatty, Director of Planning and Development
SCalt Shuford, Planning Manager CITY CLERK
Doreen Feldhaus, Recording'Secretary
Members Excused:
Also Present:
Vice-Chairman Hamilton 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. Flurida 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. APPROY AL OF MINUTES
I
Motion was made by Mr. Johnson, and seconded by Mr. Mazur, to approve the minutes of December
11, 1990. Motion carried unanimously (5 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. Continued from 12/11/90 and 1/8/91
Lots 8-10 and part of vacated alley to the north, B1k. 8, Bay View City Sub., (3006 Gulf to Bay
Blvd.) Thanh Phuoc Nguy.en and Kimtruc Thi Nguyen (Baby Dolls), eu 90-90
Request - To permit on premise consumption of beer and wine
Zoned - CG (General Commercial)
The applicant was not present.
Motion was made hy Mr. Mazur, and seconded by Mr. Johnson to continue this request to the end of
the meeting to give the applicant the opportunity to appear. Motion carried unanimously (5 to 0).
At the end of the meeting the applicant had not appeared.
Motion was made by Mr. Hamilton, and seconded by Mr. Johnson, to deny the above request as it does
not appear to support the following Standards for Approval of Land Development Code Section
137.0 I] (d): (4) The use shall he consistent with the community welfare and not delract from the puhlic's
convenience at the specific location; (5) The use shall not unduly decrea<;e the value of neighboring
property; and (6) The use shall he compmihle with the surrounding area and not impose an excessive
hurden or have a suhstantial negative impact on surrounding or adjacent uses or on community facilities
or services.
P & Z !\lINUTES
02/05/91
C. CONDmONAL USES:
1.
Luts 1~10, Blk. C, Baysidc Shores (735 Bayway Blvd.) William Kehurt, (Coyott:.<o; Surf Cluh &
Restaurant), CU 91-04
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Request - To permit on premise consumption of beer, wine and liquor
Zoned - CB (Beach Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and
advised one letter of objection and a petition in opposition with 87 signatures was received.
Elise Winters, 600 Cleveland St. #620, representing the property owner, stated they had experienced the
same kind of problems as with Dock of the Bay and Sharkeys that the City did and that they had to evict
Sharkeys. The new business owners purchased Coyotes in Tampa three years ago and is in no way
connected with Sharkeys, Dock of the Bay, or Coyotes of Clearwater. Ms. Winwrs noted due to the
problems they had experienced with Sharkcys, extensive background research was done and the landlord
of Coyotes in Tampa relayed that there have been no problems in the past 3 years. She added that the
owners of the new business have prior restaurant experience. The business wiII appeal to clientele 35
and over and proposed hours of operation will be 10:00 a.m. until 12:00 midnight. Ms. Winters stated
they would like to have live entertainment consisting of jazz, Regae, and easy listening 50's & 60's type
music.
Mr. Esnkhani, 2909 Bay Vista Drive. Tampa, applicant, stated he and Mr. Hagrostambigloo have done
business as partners for 6 years in four different locations, all of which have beer and wine licenses.
They currently operate Coyotes Restaurant in Tampa, which is. open 24 hours a day, and serves beer and
wine and have a clean record of no violations with the police department.
In response to questions by the Board, Mr. Esnkhani stated there is no connection with the previous
Coyotes of Clearwater; and that their business will depend on food sales but they would like to offer
cocktaiis, music and perhaps dancing. Mr, Esnkhani Slated their menu will he the same as the Coyotes
in Tampa and that tlle bar in ele restaurant will stay the sitm~ physically, and that they will :lJVe 151
seats. He stated they will attracl an older, proft:.'\,ional clientele by the type entertainment they will be
providing. Mr. Esnkhani stated the seating in the Tampa Coyotes consists of har stools and chair and
tahle seating and that the proposl~d seating for the Clearwater location will be 60% chairs and tables, with
approximately 25 t.;blt:S. Mr. ES'tkhani stated that the corr-oration is approved by Tallahassee and ht:. will
provide copy of the husiness cor .orate numbt.:r 10 staff.
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In oppo:..ith)n, the ft !lowing pc ,;tms appeared and c;::pre:.scd concern~ including t11e following:
P & Z MINUTES
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02/05/91
Mary Dirw.talc, 83'] .)(). Gulfvicw B1vcL #205, .:'ltmed she was sp~aking on behalf of herself and the
peaflle she li\.e5 wit.h and to reOld leuer pH~pareo hy Audrey Thomas (attached). She addeJ that although
the owners claim this will be a restaurant, this business '",'iII appeal to the young people. Sh~ felt the
na:n~ "Coyote" ref~J'3 to a hOWling animal and this husinc~s is not compatible to the neighborhood.
Herbert Loonhardt, 706 Bayway Blvd.. stated [he applicanL<; did umlist the Cafe Casino as being in the
sUllounding area, which is n~xt door to them and seats 50 people amI serves beer and wine. Mr.
Leunhardt added cveryone is l.!ware of the past problems \vith this location and he felt the layout of this
establishment is condudvc to a bar and nightclub not a restaurant,
Paul Scholz, 800 So. Gulfvicw Blvd., stated he is opposing this request based on past experiences with
Sharkey's and Dock of the Bay, :md thm he agn~cs with other cOlllnwnt'i made here hy Ms. Thomas, Ms.
Dinatale and Mr. Leonhardt. l\tr. Schol~ slateJ that if the Board should approve this request that <I 10:00
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p.m. closing should he required which should not he a prohlem if this husiness is going to be a
restaurant. He also felt a trial period should he required.
In rebuttal, Ms. Winters stated in regard to the Icller from Ms. Thomas, the Coyotes Surf Club that had
violations and the recommendation that the license be revoked in the pa'\t was not CoyOles Surf Club,
rather the former Coyotes of Clearwater. Ms. Winters stated they are in agreement with most all of
staffs recommendations with the cxception of the 10:00 p.m. closing and no Iivc music. The target
groups include professional people in the area and that 10:00 p.m. closing would be a problem. Ms.
Winters stated they arc not targeting young people and have no relationship with Sharkey's, Dock of the
Bay or Coyotes of Clearwater.
In response to questions by the Board, the following commenL.. were made by the persons IL..tcd below:
Ms. Winters stated there is a lease between the property owner and the proposed business operators wh ich
is contingent upon the approval of this request; and that various repairs have been made by the property
owner and the applicants, as the restaurant had been left in poor condition.
Mo;. Debbie Stcmpfer, 879 Eldorado, representing the landlord, stated gas lines and water lines had to
be replaced, and kitchen equipment had to be repaired.
Mr. Hagrostambigloo. 2909 Bay Vista Drive, Tampa, stated they have spent over $15,000 and plan to
spend approximately $80,000 for remodeling and advertising. He noted they have 151 seats and the bar
will remain the same, but the back area will be expanded for more restaurant area. Mr. Hagrostambigloo
stated they are using the name "Coyotes" because they have spent over $100,000 advertising the name
for their Tampa location. He added that three years ago when they took over Coyotes in Tampa, it had
a very bad reputation also and they made improvements and have made it successful. Mr.
Hagrostambigloo stated he is aware that if granted the request with a trial period as a condition, that they
would have to reappear before this Board for approval.
Discussion ensued with the Board members expressing concerns including the following: the trial period,
entertainment and dancing not being typical of a family restaurant, and the configuration of the facility.
Motion was made by Ms. Nixon, and seconded by Mr. Johnson, to deny the above request as it does not
appear to support the following Standards for Approval of Land Development Code Section 137.011 (d):
(4) The use shall be consistent with the community welfare and not detract from the public's convenience
at the specific location; (5) The use shall not unduly decrease the value of neighboring property; and (6)
The use shall be compatible with the surrounding area and not impose an excessive burden or have a
substantial negative impact on surrounding or adjacent uses or on community facilities or services.
Motion carried 3 to 2, with Mr. Mazur and Mr. Hamilton voting "nay", and Mr. Schwab abstained as
he was not present for the presentation and discussion of this request.
2. Slip #9, Island Walk Condo, Island Estates (690 Island Way, Unit #203) C. Vaughn & Sandra M.
Driskell, CU 91-05
Request - To permit marina boal lift
Zoned - RM-28 (Multiple-Family) and ALlC (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Steve Brunner. 8579 - 95th Terrace No., Seminole, rcpr~enting the applicant, stated that in the existing
slip area it is proposed lO extend the existing catwalk and install a low protile boat lift.
p & Z MI~UTES
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02/05/91
No persons appeared in support of or in opposition to the ahove request.
Motion was made by Mr. Hamilton, and seconded by Mr. Gans, to approve the above request subject
to the following condition: The applicant shall procure a huilding permit within six (6) months of this
puhlic hearing. Motion carried unanimously (6 to 0).
3. M&B 32.03, Sec. 30-28-16 and M&8 21.02, Sec. 31-28-16 (2506 Countryside Blvd.) Executive
Corp. of Clearwater, Inc., (Diamonds Sportshar and Restaurant), CU 91-06
Request - To permit on premise consumption of heer, wine and liquor
Zoned - REC/PD (Recreational Planned Development)
Mr. Shuford gave the hackground of the case and suhmitted. in writing, the staff recommendation.
The applicant was not present.
Motion was made by Mr. Hamilton, and seconded by Mr. Mazur to move hold this request to the end
of the meeting to allow the applicant to appear. Motion carried unanimously (6 to 0).
Nicholas Verdi, 947 16th Lane, Palm Harbor, owner of the Diamonds Sport'\bar and Restaurant, stated
Mr. Ahrens is authorized to represent him in this matter.
Kenneth Ahrens, 1335 15th Street, Palm Harbor, applicant's representative, stated this is a change of
ownership with an increase of 200 sq. ft. for a gazebo which has heen attached to the west side of the
building.
In response to questions by the Board, Mr. Ahrens stated the business operator has 10 years experience
in this business, and there have been no problems at this location.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Mr. Gans, to approvt> the above request subject
to the following condition: The requisite occupational license shall be obtuined within six (6) months of
the date of this public hearing. Motion carried unani;TI'Jusly (6 to 0).
4. Boat Slip 76, Island Yacht Club Condo. Island Estates (200 WindwarJ Passage) T'.1mpa Boat Man,
Inc. (AI Cain), CU 9 J..()7
Request - To permit marina bOllt lift
Zoned w CG (Ge1cral Comm~rcial) and AL/C (Aquatic Lands/Coas~al)
""~ljH.: .....
Mr. Shuford gave the hackground of the \;aSt: and submitted, in writing. the staff recommendation.
Larry Fisk, 13056 Fi1X.ton St., rcprc:..cnting t"'~ applicant, stated they arc prop,.)sing to install a cradle lift
with a 2' x 20' catwalk. Mr. Fisk Mated previous approvals h<.vc been rrante{] for private use or to rent.
the slip.
In support, Joel KcllT(~r, 1407 Maple Forest Dr., statcJ that he is the owner of several slips at Island
Yacht Club that he would like to hnve boat lifts installed. He added this is a commercial marina and
would like to pullifts in each slip without paying the $400 fee for each one and thaI one approval should
cover them all.
P & Z MINUTES
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Discussion ensued regarding staff having contacted the Island Yacht Club Condo Association in regard
to a "blanket" approval and they had indicated they were opposed to it.
Mr. Kehrer stated the problems with the association have been rcsulveO.
Mr. Shuford stated that a "blanket" conditional use permit would be acceptable, but his staff has not been
advised they are interested in this approach.
No persons appeared in opposition to the ahove request.
Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject
to the following condition: The applicant shall procure a building permit within six months of this public
hearing. Motion carried unanimously (6 to 0).
S. M&B 22.02, Sec. 17-29-15 (521 Gulfview Blvd.) Equitcl (J .P. Hotels/Holiday Inn (}ulfview),
CU 91-08
Request - To permit outdoor commercial recreation/entertainment (bicycle & motor scooter rentals)
& temporary building
Zoned - CR-28 (Resort Commercial)
Mr. Shuford gave the background ~f the case and submilled, in writing, the staff recommendation and
noted that 3 lellers of objection have been received.
Scott Suits, 63 Baymont St., applicant, stated he has operated the Transportation Station for five months.
Since that time they have updated the building and added new hikes and scooters. They have operated
clean and safe business and meet all City and State regulations. Mr. Suits stated this is a family oriented
business with bikes for children and bikes with baby seats and baskets as we1l as the scooters. He noted
that 83 % of their business comes from south end of the beach and that visibility at the north end of the
beach is minimal, therefore they decided on this location and came to an agreement with the Holiday Inn.
Mr. Suits stated the proposed plans for a temporary sales hut matches the architectural design and co1or
of the Holiday Inn; and that the location is not offensive to the neighbors or surrounding businesses.
In response to questions by the Board, Mr. Suits stated the operation will be restricted to the two parking
spaces allotted, and that it would be possible to located the operation elsewhere. However, if located
elsewhere, the business would not have the visibility that the requested location would. He noted that
the proposed location wa~ mutually agreeable with the Holiday Inn.
In support, Brad Berg, 1728 Sui folk Dr., repre<icnting JP Hotel:; as tlle General Managcc of the Holiday
Inn Gulfview, stated they support Mr. Suits' proposed business and the service Transportation Station
provides their guests to make their Slay in Clearwater more enjoyable. He added guests often inquire
about renting bicycles. Mr. Berg stated they do not desire a carnival type atmosphere and felt this
operation would be a great family oriented business.
In response to questions by the Board, Mr. Berg scated Mr. Suits will he a tenant with a lease with the
Holiday Inn.
In opposition the following persons appeared and expressed concem<; including the following:
Sam Vazquez, 8755 Magnolia Dr., Seminole, presented a petition in objection from 39 owners at 440
West Condo because the area of that intersection is within 25 ft. of the exit for their sOllth parking lot.
P & Z MINUTES
02/05/91
5
Mr. Vazquez stated the City changed the traffic flow in that particular intersection, and that there used
to be a double lane through that intersection. Currently the center lane ha.~ been el iminated and made
it a left turn only lane which puts the through traffic in the extreme right lane. The traffic is already
congested and bicycle riders, ex.perienced or not, would only add tu the danger uf that intersectiun.
In response to questions by the Board, Mr. Vazquez stated he felt that if the entrance/exit location of the
scooters was moved further away from the property there would probahly be no ohjections, however, he
has not discussed this idea with the condo owners.
Doris Goldman, 450 So. Gulfview Blvd., #1204, stated she ha~ heen a resident of Clearwater Beach for
7 years and that the traffic problem has continued to escalate and to have additional hazards of bicycles
:md scooters would make this problem worse. She felt the operators of these vehicles will be people on
vacation and will be a hazard to pedestrians and well as traffic. Ms. Goldman stated she felt there is
plenty of transportation available on the beach, such as the Trolly and public transportation which would
be safer than the bikes and scooters.
In rebuttal, Mr. Suits stated the renters will be instructed on safety and a drivers license is required, and
if under 18, a parent's permission is required. He stated that they have been safely operating and have
had no problems with any of their customers.
Discussion ensued with the Board members expressing concerns including the following: the location,
the traffic problems, a parking vari,ance being required, and the husiness occupying 2 parking spaces.
Motion was made by Mr. Gans, and seconded by Mr. Johnson, to deny the above request as it does not
appear to support the following Standards for Approval of Land Dcvelopment Code Section 137.011 (d):
(4) The use shall be consistent with the community welfare and not detract from the public's convenience
at the specific location; (6) The use shall be compatible with the surrounding area and not impose an
excessive burden or have a substantial negative impact on surrounding or adjacent uses or on community
facHities or services. '
Motion carried unanimously (6 to 0).
6. M&3's 33.02, Sec. 20-29-16 (18425 U.S. 19 N) Home Shopping Network Realty, Jne. (Maggie's
Po'o), CU 91..fl9
Rcq:lest - To r: mil on :J:'~mjse !'onsumption of beer, wine and liquor
:"on~d - CC fCmunerdat Centc!'.
Mr. Shuford g;H ,~, bat.:l:g,{lllod of the ca,';~ and :wbmitted, in \.\ "ting, the staff recommendatirJn.
Richarc Lc.andri, D13 Maguo.ia Ur., 4pplic;lJl~', r9rcscntal:ivc, stated he is the managing agen: uf the
shoppin& center "nd :s r,::questing heer a.ld wn,~ sales only, Mr. Leandri stated the staff report was
accurate as stated I y :>.ff, ~huford.
In rcspu::~ ~ to qllc',:'ions by c;~ BO:l!'J. J .1'. L.~. 11dri stl1i;.d th~ busilless will mH 1I;)erat.:l on Sundays and
there will Ollt be i.I"lY cntertflinm~nt.
John Wundl':-le, 7800-B 46Ul A,,~. No.. applicant, stated this will he the 5th pub they have operated. and
is presently the O\ner of a puh in Sf. Pcter~burg that has been open for 8 yeais.
No persons appeared in support of or in opposition to the ul'love request.
P & Z MINUTES
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02/05/91
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Motion wali made hy Mr. Hamilton, and scconded by Ms. Nixon, to approvc thc above rcquest subject
to the following conditions: I) The requisitc occupalionalliccnse shall he obtained within six (6) months
of the date of this public hearing; and 2} The use shall be IimilesJ to on premise consumption of alcohol
only with no package sales. Motion carried unanimously (6 to 0).
7. Loti, Columhia Suh #4 (401 Coronado Dr.) Lois Jean Clymer (Chix and Rihs), CU 91~1O
Request - To permit on premise consumption of beer; wine and liquor
Zoned ~ CR~28 (Resort Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation and
that two letters of objection had been received. Mr. Shuford provided the Board with copies of minutes
of the Development Code Adjustment Board pertaining to this location.
Lois Jean Clymer, 401 Coronado Dr.; applicant, staled her business is part restaurant and part retail, but
is based on take out food service. Ms. Clymer stated she is not aware of any opposition to her request
and that she has met all requirementli. She noted that the business is based on walk up customers and
that less than 5% of her parking is being used, and that this location in within 500 ft. of metered parking.
Ms. Clymer noted the real hardship is that she has no seating. Ms. Clymer stated there have not been
any problems requiring police service at this location and that she has no intention of doing anything that
would be detrimental to the surrounding motels.
In opposition the following persons appeared and exprcs....ed concerns including the following:
Anne Garris, 38 Acacia St., stated she is concerned that the businesses on Clearwater Beach are saying
that their customers are walk up and there is no need for parking because no one is driving. The late
hours and addition of liquor, beer and wine to be sold at this loeation on a take out basis is a concern.
She felt Clearwater Beach cannot continue to be overloaded with multiple uses on lots so that this beach
becomes so crowded that no one will want to come. Ms. Garris felt the traffic is a serious problem and
expanding businesses would only add to the problem and asked that the Board deny this request.
Luciano Mendes, 419 Coronado Dr., stated he is the owner of one of the motels near this location, to
he spoke to the owners of the Beach House and the Sun West motels are they are opposed to this request.
He felt the area is family oriented and that the request is not conducive to the neighborhood.
In rebultal, Ms. Clymer stated if it wasn't for business people like her, maintaining a respectable business
on Clearwater Beach, the motels would not have anything to offer other than a place for people to sleep.
She stated that food will be sold with the alcoholic beverages and that it will not be a bar or lounge.
Discussion ensued with the Board members expressing concerns including the following: danger with
increased traffic, parking being inadequate, and the location.
Motion was made by Mr. Johnson, and seconded by Ms. Nixon, to deny the above request as it does not
appear to support the following Standards for Approval of Land Development Code Seclion 137.011 Cd):
I) The use does not comply with the applicable conditional use standards for the proposed use,
specifically wbicular access, insufficient screening of trash disposal facilities and insuftlcient parking
area; 2) The use (as proposed) is not consistent with the community welfare in that it will constitute an
overdevelopmcm of the site~ and 3) The use docs not appear to hc compatihle with the surrounding area.
Motion carried unanimously (6 to 0).
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8. M&B's 22.03, 22.031 & 22.04. Sec. 15-29-15 (801 Drew St.) Southland Corporation, CU 91-1 I
Request - To permit child day care
Zuned - UC/E (Eastern Corridur Suhdistrict. Urhan Center District)
Mr. Shuford slated the applicant is requ ired to suhmit a traffic impact study and th is had not heen
suhmitted and therefore recommended the Board continue this request to February 19, 1991.
Ms. Nixon stated that when Southland Corp. purchased this property there were many mature oak trees
which were required to be replaced inch per inch, and the City was attempting to sue the Southland Corp.
to get the trees replaced even though they were in bankruptcy. She asked Mr. Shuford if this applicant
will be required to replace the trees. Mr. Shuford stated he will research this concern.
Motion was made by Mr. Hamilton, and seconded by Mr. Gans, to continue the above request to
February 19, 1991. Motion carried unanimously (6 to 0).
9. M&B's 14.04 & 14.05, Sec. 19-29-15 (1370 Gulf Blvd.) Amza D. & Neim B. Abdullaj, CU 91-12
Request - To permit rental of motorized watercraft (use not specifically identified in code)
Zoned - CG (General Commercia!), ALlC (Aquatic Lands/Coastal) amI OS/R (Open Spacel
Recreation)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and
noted that 4 letters of objection had been received.
Steve Kahle, 15420-33 Livingston Ave. #6, Lutz., stated he is with Gulf Shore Rentals and the request
is to rent Yamaha Wave runners at Sand Key. He stated the business is based on safety, and that there
will be a boat used exclusively for surveillance to insure maximum safely for all riders. He noted all
personnel associated with Gulf Shore Rentals will be CPR and life guard certified, and have portable
cellular phones at all times. Mr. Kahle stated all customers will he required to view a 15 minute video
tape which demonstrates the proper use and safety of the equipment, and thorough in water training will
he provided. He added they underm.!1d the rcsidelJts' concerns regardir.g storage of the equipmellt and
that nothing will be stored on the hach . everyth,ng will be removed daily. Mr. Kahle stated their
business huurs will be set around sUllfise and sunset. winter and rail hours will be from 10:00 a.m. t'J
5:00 p.m., and spring and summer from 10:00 a.rt!. to 6:00 p.m. He added th?t the wFverunners do not
generate nf)is~ polll:tion, they op.:rate with a quiet hum, and referred to (. letter from the Yamaha
Corp. addrc::sil1g fj0;se.
No persons appe,;rcd in SUPPOIt af th~ ,'bove re'llle<.
In opposition the following persons appeared ami exp"~"efl concemc; incLding the 'ibIlowing:
Herbert Somcrson, 1~ Gulf hlvd., ,Hg! O. suhmitt~ a p~tition in obje\:tion. He stated there is a resident
who is paralyzed fiom a hO<lting acc;ucnt and they <Ire .;cnsilivc to the uznrers of hoating. He stated he
can look out the window and S~C ti,esc machines driving recklessly an1 they arc :lot regulated. Mr.
Somerson stated th~ reasons for their opposition inc'ude: safety of hathers and fish~rman. the gasoline
used in these machines, the downgrading of the area, and the environmental impact. Mr. Somcrson
stateJ that in 1980 City of Clearwater signeJ a contracl with tile condominium associations which states
110 commercial bU~iinesscs will he allo\',:ed on the he<:ch, and asked the Board to deny this request.
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Otto Schtaak, l380 Gulf Blvd., staled ~lr. $omerson h.LI:i staled the ohjecliom. they have at the Sand Key
Cluh and addlXi that he is a avid swimmer amI ha.c; heen frightened by these w:ltercratt maneuvering too
dose to shore .at high speed on several occasions amI feds they <Ire of great danger to swimmers and
sunbalhers. In rc.r;ponsc to qucstions hy thc Board, Mr. Schlaak stated there are many of thc.r;c watercraft
in use in this area that are privately owned and some arc rentals, and that there ilrc no lifeguards at this
location.
Yolan Gagnon, 1390 Gulf Blvd., stated that the noise these machines make is noise pollution and felt this
is unacceptahle in a residential area. She felt that keeping the area clean would also he a problem.
Richard Bailhc, 1390 Gulf Blvd, #203. stated that this request would henefit only the renters of the
equipment at the expense of the neighboring community who are in ohjection to this husiness and asked
the Board deny this request.
In rebuttal, Mr. Kahle stated that from a environmental aspect they do care and will insure there will be
no destruction of the sea oats in the area. There will he a surveillance boat to protect the safety of
swimmers and people on notation devices. He added there is not a noise pollution with these watercraft.
Discussion ensued regarding the method of bringing the watercraft in and out without violating the
protected sea oats area". Mr. Kahle stated they can work around that hy launching them elsewhere and
towing them in.
In response to questions hy tl1c Board, Mr. Kahle stated he has previously operated a similar business
in Arlington, Texas. He stated both he and his partner will be present at all times, one for surveillance
and one on the beach. The vehicles will be placed away from the public walk area towards the
restaurant. Me. Kahle stated their trailer is 16 ft. and fully enclosed and has the business name on it and
that would be used in lieu of a sign.
Board discussion ensued Witll the members expressing cooccrns indud ing the following: safety,
protection of the environment, and the beach not heing wide enough at this location for this type
operation.
Motion was made by Mr. Hamilton, and seconded by Mr. Johnson. to deny the above request as it does
not appear to sUpp,ort the following Standards for Approval of Land Development Code Section
137.011 (d): (4) The use shall be consistent with the community welfare and not detract from the public's
convenience at the specific location; and (6) The use shall be compatible with the surrounding area and
not impose an excessive buruen or have a substantial negative impact on surrounding or adjacent uses or
on community facilities or services. Motion carried unanimously (6 to 0).
10. Lot 2, Studebaker's Sub. (2516 Gulf to Bay Blvd.) Equator. Inc. (Calypso Bay Cafe), CU 91-13
Request - To permit on premise consumption of beer, wine and liquor
Zoned - CG (General Commercial) ,
Mr. Shuford gave the background of the case and submitted. in writing, the staff recommendation.
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George Greer, 600 Clelleland S1. #685, applicant"s representative, stated his client is satisfied that parking
is sufficient and exceeds cod~ requirements. Remodeling is underway to convert this location back to
a restaurant. l\1r. Greer stated this will be strictly a restaurant with some entertainment as necessary to
meet customer's needs, The hours of operation will be I 1:00 a.m, f(lr lunch daily and would like to
remain open until 2:00 a.m.
In response to questions by the Board, Mr. Shuford stated this SRX license is gramlfathercd and does not
require 51 % food sales, Mr. Grecn noted that this license requires the business to he bonafide restaurant
meeting all requircmcm$ other tllL\n the 51 % fuod sales.
]n response to questions by the Board, Mr. Gr~cr stated there will he a cover charge after 10:00 p.m.~
valet parking will he availahle; and that entertainment will consist of music fur dining hefore 10:00 p.m.
and music for dancing after 10:00 p.m. and will htl totally inside the restaurant.
No persons appeared in support of or in opposition to the ahove request.
/'
Discussion ensued regarding whether to impose a trial period.
Motion was made hy Mr. HamillOn, and seconded hy Mr. Johnson, to approve the above request subject
to the following conditions: I) The appl icant successfully transfer the 4-COP-SRX Florida State
designated alcoholic beverage license; 2) The applicant obtain requisite occupational license within two
(2) months of the date of this public hearing; 3) The sale of alcoholic beverages shall be restricted to
consumption on premises with no packag..: sales; 4) The applicant shall provide proof to the City of
Clearwater of an agreement with the Republic Bank for overflow parking, this agreement/easement., must
be satisfactory to the City Attorney prior to issuance of the occupational license; 5) The applicant shall
provide the Planning and Development Department with a seating plan which meets the standards
described in the Architectural Graphic Standard..s manual, American Institute of Architects, for table sizes
and aisle widths; this seating plan shall be adhered to at all times by the management of the proposed
nightclub; 6) The requirements of the 4-COP-SRX license shaH be adhered to at all limes by the
management of the proposed nightclub, and a copy of this license shall be provided to the Planning and
Development Department; and 7) No outdoor speakers or outdoor entertainment shall be permitted.
Motion carried unanimously (6 to 9).
D. ANNEXATIONS, ZONING, LAND USE PLAN AMENDMENTS, LAND DEVELOPMENT
CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEWS:
1. Parts of Lots 1 and 2, Sec. 1-29-]5, Pinellas Groves Sub. '. Located on the south side of Sunset
Point Road, approximately 350 ft. west of Hercules Ave. (K.D. Sauder, Trustee)
A 90-13, LVP 9C-I8
LUP - From unclassified to Commercial{fourist Facilities
ZONE - CN (Neighborhood Comm~rciai)
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Mr. Shuford gave the backgrou:td {\f the case and submitted, in writing, the staff recommendation. Mr.
Shuford noted that th'l property has been developed generally in conformance with City development
standards. However, the c\.-\~Iopmem ~IOCl, not ml'et the perimeter lap.dscaping requirements, and has
a slight deficit in im~rio1" hndscaping and total op~n space. '''dle City Commission decided to allow the
development to (;ccur .,\'Ith lhe above BlentioTJed (;~, iciencies.
James !.lu.ter, applkanr':; :'eprcscntati'l(". ;,tawd that the ue:icitncies were explained in full to the City
Comm;' ..:on before tte A.1l1ex..~ion ;,~gl eement was executed. All oblibatio.l:' required hy the City on
the d~vl::1 lper have heer. fulf1ll~.
Motion wt..:. made by Me. I-I.~milton, ar<(l secclOdc(1 _,y Mr. GatLs, to approve the above r~quesl. Motion
carri~ unanimou1'ly (6 to 0), .
2. Part of Lo~ 11 & 12, E. A. Mar~haJl's Sub. as originally platted and Part of LOll8 located on the
northeast corner of State St. and Betty Lane (City of Cle:trwaler) A 90-14, LUP 90-20
LUP - From unclassified to Recreation
ZONE. OS/R (Open Space/Recreation)
l . ~. ' ..' ,I" .. > .' I . " I ;/ . t . + . . ','.' .~.. t, ,.. .' ~', I I.. . , . .'," I j I '., : ,. . '.J , . .
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
("",>
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Ms. Nixon. to approve the above request. Motion
carried unanimously (6 to 0).
E. Chairman's Items
Mr. Schwob stated Mr. Johnson's last meeting will he March 19. 1991 and there will be a luncheon to
bid him a fond farewell.
F. Director's Item.,;
Mr. Shuford noted staff is doing research to establish rental periods for residential uses and an
amendment to the Land Development Code will be forthcoming.
G. Board & Staff Comment.';
Board discussion ensued regarding,standards for trial periods and businesses operating before applying
for a conditional use permit.
Meeting adjourned at 6:05 p.m.
nning and Development
\ .
"-~
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