10/01/1991 (2)
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ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, OCTOBER 1, 1991 . 1 :30 PM
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PLEDGE OF ALLEGIANCE
INVOCA TION
A.
ITEM
APPROVAL OF MINUTES
1. September 17, 1991
APPROVED
ACTION
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 Ilem as it is presented.
2. The staH report and perlinent background Information ore presented. . 5 minutes mmc1mum.
3. Staff presents any supporting written documents.
4. StaH presents any opposing written documents,
5. ,The applicant or his representative presents his case. . 5 minutes maximum.
6. Persons who support the opplication speak. 3 minules maximum for each individual;
or spokesperson for group - 10 minutes maximum.
7. Persons who oppose the application speak >: ,3 minutes maximum for each individual; or
spokesperson for group ~ 10 minutes maximum.
8. Persons supporting the application lolher than applicant! may speak in rebuttal. 3 minutes
maximum,
9, Persons opposing may speak in rcbUlli!1 . 3 minutes maximum.
10. The applicant has an opportunity for final rebullal . 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.
n. REQUESTS Fon EXTENSION, DEFERRED
AND CONTINUED ITEMS:
1.
IContinued from 9117/91) Lots 63 thru 66, 113
thru 117. and part 01 lot 112. Lloyd-While
Skinner Sub. 1325 S. GuHview Boulevardl Clari!
and Dorothy Boldog IAmericana Gulf MOlels
Ltd.), CU 91-69
Approved subject to the following conditions:
1 )The requisite occupational license for the 4-
COP-S establishment sholl be obtained within 6
months; 2) When deemed necessary by the City,
the business owner shall demonstrate 51 % food
and nonalcoholic beverage sales per gross
receipts; 3) The hours at operation shall be trom
6:00 a.m. until 1 :00 a.m. weekdays and
weekends or as otherwise further restricted by
the Slate ot Florida in the licensinn of a 4-COP-S
establishment; 4llhe applicants shall obtain
approval from the City Commission ot the
separation distance variance to the 300 fl.
restriction from residential zones ICn281; and 51
Par.kagc sales shall be limited to room service
only. with all sales conforming to the
rr.quirements of state law and See lion 72 of tho
City Code.
Request - To permit on-premise consumplion i!lld
pack;;Jge sales 01 becr. wine and liquor
Zoned. cn 28 lnosorl Commerciall
P & Z ACTION AGENDA
l\Ec~tVED
OCT 0 3 1991
Cl14Y Cl.!RK
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2.
ICOlltiilUlld hOln 9/17/91) Pmt 01 Lot 1, Illk 0,
Venet!:m Point (1860 N, Ft. Ilarrison Avenuel
Donato and Maria DiGiovanni, Victor and lucy
DiCmlo, Vincent and Rosa Barbieri, and Bm'Bro,
Inc., CU 91-72
llENIW
ncquest - To permit tlllJrine renlal of boats and
molorized personal watercraft lTlderidersl
ZOlled cn 24 (Resort Commercial I and ALlC
(Aquatic lands/Coastall
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C. CONDITIONAL USES:
An ordinance of the City of Clearwater, relating
to the recreation and open space land dedication
requirements; amonding Sections 116.40,
116.45, 116.46, and 116,51, Code of
Ordinances, relating to tlm use of recreation land
and open space impact fees and land; crealing a
new Section 116.395, Code of Ordinance,
relating to definitions; repealing Section 116.41
llnd 116.47, Code of Ordinances, relating to
definitions; providing an effective dale,
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D. ANNEXATION, ZONING, LAND USE PlAN
AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL
PlANNING AGENCY REVfEW
1. . M&B 23.09, See 21-28-16, less cast 50 ft.,
locnted on the west side of McMullen-Booth
Road north of Countryside Sports Complex
(Bethel lutheran Church Inc.) A91.10; LUP 91-11
APPROVED
Request - Annexation and Land Use Plan
amendment, and establish Zoning district
lAND USE PLAN:
From: Unclassified
To: Public/Semi-Public
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ZONING:
P/SP (Public/Semi-Public)
2.
Code of Ordinances Text Amendment
APpnOVED
3.
Undeveloped portion of the Park Place
Development of negional Impact (ORII, Sec, 17-
29.16. part of M&B 21.00, localed at the
southwest corner of Drew Slrrml and Hampton
Road 121.3 acres m.o.l.I/Buildlng Operation
Holding Co., LUP 91-04, Z 91-01
Approved the staff rccom~T1endations as follows:
1) Concur with the start's finding that the
proposed change docs not represent a
substantial deviation from the original om: and 21
Approved that the proposed zoning and lnnd use
changes be modified to include onlv that ilrea
proposed for industrial uses. above request.
Request - Finding Ihat proposed challge of om is
nol a subslnnlial deviation and rccofll/nendatioll
concerning the same 10 Cily Commission.
LANp USE PLAN:
From: nesidelltlal/Offh:c
To: Industrial
"ZONING~ ,
From:' OG (General Ollice} ...........:
To: New no (Research, Development and
Office r;uk}
P &' Z ACTION AGENDA 2
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E. ct 'AmMAN'S ITEMS
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
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P & Z ACTION AGENDA
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RECEIVED
OCT 2 4 1991
CITY CLERK
M I NUTE.."i
PLANNING & ZONING BOARD
TUESDAY, TUESDAY, OCTOBER 1, 1991
Mcmhers Present:
Chairman Schwoh. f\lessrs. UkkcrslalTc, Hamillon, Mazur. Merriam, Carassas
and Savage.
Also Present:
SCUll Shuforll. Planning Manager
Ream Wilson, Director, Parks & Recreatiun
Luu~s R. Hilton; Planner
Pat Fernandez, Recording Secretary
Chairperson Schwoh olltlined the procedures for conditional uses ami advised that anyone adversely
affected hy a decision of the Planning and Zoning Board, with regard to conditiunal uses, has two weeks
from this date in which to liIe an appeal through the City Clerk's Oflice. 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. APIJROVAL OF MINUTES
Motion was made hy l\lr. Merriam. ami seconded hy Mr. Hamiltun, to approve the minutes of Sept em her
17, 1991. Motion carried (6 to 0) with Mr. Schwoh abstaining due to his absence at the preceding
meeting.
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" D. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
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I. (Continued from 9/17/91) Lots 63 thm 66, 68; 69, I 13 IiiI'll 117, amI part {If Lot 112, Lloyd-White
Skinner Sub, (325 S. Gulfview Boulevard) Clara and Dorothy Boldog (Americana Glllf Motels
Ltd.), CU 91-69
Request - To permit on-premise consumption and package sales or heer, wine and liquor
Zoned - CR 28 (Resort Commercial)
Mr. Shuford gave the hackground of th\.! cas\.! and suhmilled, in writing, the staff recommendation.
Donald McFarland, 311 S. Missouri, applicant's repre..'ientativc, statcu the applicant plans to open and
openlle a restaurant at her motel.
In support. David Little. 1734 Cil"ey Jone.." Court. stated the applicant has il quality structure, ami will
create a family iIlllHlsphere, lie welcomes this type of new devclopmclltto the beach.
No one spoke in opposition to thc ahove requcst.
Motion \,Vas made hy tvlr. Hamilton, amI scconded hy 1\1r. UkkerstalTc, to approvc the above request
subjcct to the following conditions: I) The requisite llccupationalllccnse Ii.!r the 4~COP~S establishment
shall he obtained with in 6 lllonths: 2) Whcn decmcd neccssary by the City, the business owner shall
demonstrate 51 % food amI J1onalcoholic bl'\'cragc Sill es per gross receipts; 3) The hours of operation shall
he from 6:00 a.lll. until 1:00 a,m. weekdays mill weekends or as otherwisl! further restricted by the State
of Florida ill thc liccnsing of a 4.COP-S estahlishment; 4) Thc applicant shall ohtain approval from the
City Commissioll of the separation distance variancc to the 300 1'1. restriction from residential zones
P & Z 1\UNUTES
10-01-91
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(CR28); and 5) Package sales shall be limited to room service only, with all sales conforming to the
requirements of state law and Section 72 of the City Code. Motion carried unanimously (7 to 0).
2. (Continued from 9/17/91) Part of Lot 1, B1k B, Venetian Point (1860 N. Ft. Harrison Avenue)
Donato and Maria DiGiovanni, Victor and Lucy DiCarlo, Vincent and Rosa Barhieri, and Bar-Bro,
Inc., CU 91-72
Request - To permit marine rental of boats and motorized personal watercraft (fidcriders)
Zoned CR 24 (Resort Commercial) and ALlC (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
The applicant was not present. It was noted he had asked for a continuance from the last meeting and
persons who wanted to address this request were present for the second time. Mr. Shuford stated he
called the attorney who he felt would be representing the applicant, and was advised that the attorney
would no longer be representing the applicant. The hearing was heard in agenda order as this was the
second opportunity for the applicant and it was deemed unfair to the residents who wished to speak on
this matter.
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
No onc present spoke on behalf of this request.
In opposition, Althea Andersen, 1866 Venetian Point Drive, stated she lives across the Blanton Channel
from the Aloha Motel and is opposed to this request.
In opposition, Joseph Sisko, 1860 Venetian Point Drive, stated they purchased their home 22 years ago
because it was a quiet residential area. He fears there will be both sight and sound pollution. Some tides
are so low that acre.e; of grass are visible in the water.
In opposition, Dick White, 1862 Venetian Point Drive, stated he had rip rap put in at a cost of $10,000.00
and visualizes these boats creating wave action causing damage to his riprap. He inquired who would
be responsible if such damage occurs. .
In opposition, Jean Darack, 1864 Venetian Point Drive, stated she ohjects to the noise and spoke for two
other groups she feels will be affected if this request is granted. Wildlife including pelicans and egrets
currently frequent the area and fisherman fish from the bridge. She believes wildlife will disappear with
boats and skiers zooming back and forth.
In opposition, Bill Held. Harbonna'\tcr. 216 Crcstwood Lane, Largo, staled he was concerned about
marking a channel, its close proximity to the Intercoastal waterway, and the fact that the water is too
shallow at low tide which would affect the grasses and other vegetation in the waterway. In response to
questions by the Board he advised that one such operation had an excellent record but two others have
had letters written to them tollowing accidents. As to the damage cause by a wake, Mr. Held advised
the boat owner is responsible for any damage his wake may cause.
The Board stated they had no means of comparison anc.1 did not wanl to condemn the jet ski industry
withoul knowing how many hours of operation there are versus the number of accidents. No serious
injury has been sustained to date.
Motion was made hy Mr. Hamilton, and seconded by Mr. Savage, to deny the above request. Motion
carried unanimously (7 to 0).
P & Z MINUTES
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10-0 I -91
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMEN'I\ LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW
f5'.J,
I.
M&D 23.09, See 21-28-16, less cast 50 ft., located on the west side of McMullen-Booth Road
north of Countryside Spurts Complex (Oetllel Lutheran Church Inc.) A91-1O; LUP 91-11
Request - Anncxation and Land Use Plan amendmcnt, amI cstablish Zoning district
LAND USE PLAN:
From: Unclassil1ed
To: Puh~ic/Sell1i'PlIblie
P & Z ~IINUTES
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10-01-91
ZONING:
P/SP (Public/Semi-Puhlic)
Mr. Shuford gave the hackgroul1d of the C<lse <lnd submitted, in writing, the staff recommendation.
David Camhurn. 2165 Spring Flower Drive, <lpplicant's representative, stated they need to hook inlo a
sewer system.
No persons appearcd in support of or in opposition to the above request.
Motion was made hy Mr. Mazur, and seconded hy Mr. Carassas, to approve the above requesl. Motion
c<lrried unanimously (7 to 0).
2. Code of Ordinances Text Amendment
{ An ordinance or the City of Clearwater. relating to the recreation and open space land dedication
'--... requirements; ml1cnding Sectiolls 116.40. 116.45, 116.46, and 116.51, Code of Ordinances,
relatIng to the use of recrcationlantl and open space impact fees and land; creming a new Section
116.395, Code of Ordinance, relating to definitions; repealing Section 116.41 and 116.47, Code
of Ordinances, relating to dclinitions; providing an effective date.
Mr. Shuford gave the hackground of the case and submitted, in writing, the staff recommendation.
Ream Wilson, Dircctor of Parks and Recreation, stated the City Attorney added a Preamhle to this
Ordinancc and comhincd two seclions of definitions into one section. Further it revises how "Recreations
Facil ities Land", "Recreat ion Facilities" amI "Open Spacc Land" impact fees are spent.
Discussion ensued regarding cxpcnditure of Ihese monies ilnd the fact that no additional fees are contained
in the ordinance.
MotiolJ was made by t\lr. Hamilton, <Iml seconded hy t\1r. Mazur, to approve the ahove request. Motion
carried unanimollsly (7 to 0).
3. Undeveloped portion uf Ihe Pmk Place Development of Regional Impact (DRI), Sec. 17~29.16. part
of M&O 21.00, located at the southwest corner of Drew Street and Hmnpton Road (21.3 acres
m~o.I.)lI3uilding Operation Holding Co.. LUP 91~04, Z 91-{)J
Request. Finding that proposed change of DRI is not a suhstantial deviation and recollllnendation
concernilJg the same to City COlllmission.
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LANO USE PLAN:
From: Residential/Ofliee
~ru: Industrial
ZONING:
From:
To:
OG (General 01 nee)
New RD (Research, Dcvelopment mllJ Oflice Park)
Mr. Mazur announced he had a Clllll1iCt :Ind would not ()e Invoh:ed in Ihe discussion or vote.
Lou IJillon made the prescnlJllion staling the applicant wa!; askIng for a five year exlension to the build
out date. He advised the impact will he less than originally planned.
Timothy Johnsun, applicilnt's rcprc.t;cntative, statcdlhe presentation was accurate and he had nothing to
add.
Motion was made hy Mr. Hmnilton, and secol1lled hy Mr. IJickerstafCe, to approve the staff
recommendatiuns ns Cullows: I) Concur with the stairs timling thai the proposed change does not
represent a suhslanlial devialion from the original DRI; and 2) Approved that the proposed zoning and
land use changes he Illodilied to include only thlll area proposed for industrial uscs. Motion carried (6
to 0) with Mr. Mazur abstaining.
E. CHAIRMAN'S ITEMS
Mr. Schwob elttcllllcd congratulatiolls to Mr. Hamilton who is now Chairman oC the Greater Clearwater
Chamher of COlllmerce.
Mr. Schwob commented on Mr. Galhraith's lellcr {Ill board memher's expartc contacts with members of
the public. Memhers expressed they would never make a commitment but lhere may be an appearance
of impropriety in such a meeting. During the infol'lI1ation gathering visit, it is necessary to ask fur
c1arificalion of the fact5. Disclls5ion enslled. t\1emhcrs Ccellhe hoard has a good reputation and any such
contacts can be made known at H hoard mceting for inclusion in the records. It is felt the members
exhibit good judgment.
F. DIRECTOR'S ITEMS
Mr. ShultJrd advised Ms. Glallhllrll will give a presentation at the end of the next meeting on the Pinellas
Planning Council Consistency program where the PPC is attempting to gain land use plan consistency
over all of thc diffcrent governmcnts i It Pinellas County.
f\femhcl's were again rcmindcd of thc ^dl11inistrath'c lIearing for Pick Kwik which will he held Tuesday,
Novcmher 19, 199 I. at 4:00 p, 111, in the large conference ruulIl at Clearwater City Jlall.
G. BOARD AND ST^FF COMMENTS
Mr. UickerslalTe was glml to see the ^mericana I\lotcl with plans toopcrale their own rcstaurant. 1\'1any
times an applicllllt will huild a huilding amI then comc hack to the hoar<.llo request whal they know they
could nol get in the heginning.
The meeting was adjlllll'ncd at 3:30 p.m.
ulally. Jl ~ning & Develul'l11Cnl
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10.01-91
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