08/18/1992 (2)
ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, AUGUST 18, 1992 - 1:30 PM
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1. August 4, 1992 - Continued
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'ru AUG 2 f 1992 ~
CITY CLERK DEPT.
A.
APPROVAL OF MINUTES
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. (Continued from 8/4/92 & 7/14/92) Part of Blk 2, Baskin's Replat Resub, (2779 Gulf to Bay Blvd)
Herbert E. & Jane B. Wollowick (KCMT Enlertalnment, Inc./Sweaty Eddy's), CU-92-45
I' &. Z ACllO:-': I\GEr\DA
08/I!l/92
. .Request - To permit on-premise consumption and package sales of beer, wine, and liquor
Zoned - CG (General Commerclaij
Continued to Soptember 1, 1992 (motion by Mr. Hamilton, and seconded by Mr. Blckerstaffe).
Motion carried unanimously (7 to 0).
2. (Continued from 8/4/92) Lots 33 and 46, and vacated arrey, Court Square Sub. (401 S. Ft.
Harrison Ave.) Park Terrace of Clwr, Inc. (C.J.D. Corp.{The Old Bailey), CU 92.52
Request - To permit on-premise consumption of beer, wine, and liquor
Zoned - UC(C) (Urban Center Core)
Withdrawn by the applicant
C. CONDITIONAL USES:
1. M&B 23.13, Sec. 18-29-16 (2218 Gulr to Bay Blvd.), Valentin os KoumouUdis (Greg Ellis/Mr.
Submarine-Mr. Gyros Restaurant), CU 92-53
Request - To permit on-premise consumption and package sales of beer
Zoned - CG (General Commercial)
Approved (motion by Mr. Mr. Hamilton, seconded by Mr. Carassas) subject to the following
conditions: 1) This conditional use is based on the application for a conditional use and
documents submitted by the applicant, Including maps, plans, surveys, and other documents
sUbmitted In support of the applicant's request for a conditional use permit. Deviation from
any of the above documents submitted In support of the request for a conditional use permit
regarding the work to be done with regard to the site 0:' any physical structure located on
the site, may result In this conditional use permit being null and of no effect; 2)TlJe requisite
minimum distance separation variance must be obtained from the City Commission; 3)
Within six months of the date of this public hearing, landscapIng shall be Installed in
accordance with Section 136.023 to the extent possIble. For perlmetcr landscape areas
restricted by inadequate parking/maneuvering ares, the applicant shall provide as much
perimeter landscapIng as posslb/e. Within 60 days of this public hearing, the appllcant shall
submit a detailed landscape/parking plan to the Environmental Management and Traffic
Engineering Groups and the Planning and Development Department. 4) A sIx foot tall opaque
fence shall be installed along the north and east property line adjacent to the residential
zonIng dIstricts. 5) The requisite occupationa/license shaff bo obtained within six months
from the date of this public hearing. 6) There shall be no sale of alcoholic beverages from
the drive through window. 7) All signage shall be brought Into compffance with the sign
regulations on or before October 13, 1992. Motion carried unanimously (7 to 0).
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2. M&B 34.011, Sec. 19-29-15, (1590 Gulf Blvd.), MIDO U.S.A., Inc. (Belleview Mldo Cabana Club),
CU 92.54
Request - To permit on-premise consumption of beer, wine and liquor
Zoned. CG (General Commercial) and OS/R (Open Space/Recreation)
Approved (motion by Mr. HamlHon, .econded by Mr. Blckerstaffe) subject to the following
conditions: 1) This conditional use Is basiJd on the application for a conditional use and
documents submitted by th~ applicant, Including map., plans, sU1veys, and other document.
submitted In support of fhe applicant'. request for a condJUonal use permit. Deviation from
any of the above documents submitted In supporl of the request for a conditional use permit
regarding the work to be done with regard to the site or any physical structure located on
the site, may result In this conditional use permit being null and of no effect. 2) The
requisite occupational license must be procured within six months from the date of this
public hearing. 3) If Bny changos are proposed to the site, a revised site plan must be
. ~ubmltted for the Planning and Development Department staff review and approval prior to
the issuance of any licenses or permits. Motion carried unanimously (7 to 0).
3. Lots 4, 5, & 6, Blk. D, Island Estates of Clwr Unit 5, and waterway adj south of Lots 4, 5 and 6
(211, 217, & 223 Windward Passage), Windward Properties (The Bitter End, Inc.), CU 92.55
(
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Request - To permit on-premise consumption of beer, wine and liquor
Zoned - CG (General Commercial)
Approved (motion by Mr. Hamilton, seconded by Mr. Savage) subject to the following
conditions: 1) This conditional use Is based on the application for a conditional use and
documents submitted by the applicant, Including maps, plans, surveys, and other documents
submitted In support of the applicant's request for a conditional use permit. Deviation from
any of the above documents submitted In support of the request for a conditional use permit
regarding the work to be done with regard to the site or any physical structure located on
the site, may result In this conditional use permit being null and of no effectj and 2) All
requisite licenses and permits shall be obtained within six months of this public hearing.
Motion carried unanimously (7 to 0).
4. M&B 33.05, Sec. 20-29-16 (18409 US Hwy 19 N), Clearwater Ribs, Inc., (Damon's The Place for
Ribs), CU 92.56
Request - To permit on.premise consumption of beer, wine and Ifquor
Zoned - CC (Commercial Center)
Approved (motion by Mr. Hamilton, seconded by Mr. Carassas) subject to the following
conditions: 1) This condftional use Is based on the application for a conditional use and
documents submitted by the applicant, including maps, plans, surveys, and other documents
submitted In support of the applicant's request for a conditional use permit. Deviation from
any of the above documents submitted in supporl of the request for a condirlonal use permit
regarding the work to be done with regard to the site or any physical structure located on
the site, may result In this conditional use permit being null and of no effect; and 2) All
requisite licenses and permits shall be obtained by the applicant within six months of this
public hearing. Motion carried unanimously (7 to 0)_
5. Lots 6 thru 9, Blk. C, Island Estates of Clwr Unit 5 (261-271 Windward Passage), Neuhaus
Massivhaus Baugesellschaft m.b.h. (Island Estates High & Dry Marina), CU 92.57
Request - To permit 126 boat dry storage marina facilities
Zoned. CG (General Commercial
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08/16192
Approved (motion by Mr. BtckersCaffe, seconded by Mr. Hamltlon) subject to the following
condltlonl: 1) Thl. conditional use Is based on the application for II conditional use and
document. lubmltted by the applicant, IncludIng maps, plans, sUIVeys, and other documents
lubmltted In support o( the applicant'. request for II conditional use permit. Dev/atlon from
any of the above document. ,ubmit1ed In support of the request for a conditional use permit
regarding the work to be done with regard to the .lte or any physical .tructure located on
the .Ite, may result /n thIs conditional use permit being null and of no effect. 2) The
applicant .hall obtain requisite site plan review approval and submit for site plan certification
within six months; 3) The site plan shall be revised showing enough of the City parkIng iot
to determIne that the new southerly parking on subject site will work, prior to submittal of the
final site plan for review by the DRC; 4) The limits of the parklng/vehlcular easement on City
properly shall be provided on the site plan for DRC review; 5) The existing and proposed
helghl of the structure shall be given on the final site plan In accordance with the CG height
limitation for DRC revIew; 6) The 50 percent minimum open space requirement for the front
yard shall be provided on the .lto plan prior to DRC roview; 7) The rollout dumpster is
. 'subJect to Sanitation approval prIor to certlf/catlon of the final site plan; 8) The developer
must provide landscaping according to City code and supplemental}' landscaping designed
to enhance the appearance of the structure In accordance with the review of the City's
Environmental Management Division and the Director of the Planning and Oevelopment
Department prior to submittal of the final site plan for DRC review: 9) Any lighting shall be
directed away from residential areas; 10) Total boat storage shall not exceed 126 boats; 11)
No engine testing or repairs between the hours of 9:00 p.m. and 6:00 a.m.: 12) The owner
or Immediate business manager of the proposed facility shall have on site a mechanically
sound backup fork-11ft vehicle avallable for use: and 13) The owner or immediate busIness
manager shall post a sign (or Signs) on site and Include Information In the lease agreement
notifying customers ofthe exlsling no-wake zone In the marked navigational channel; the sign
(or sIgns) shall be pIeced In such B manner to be clearly visible to all customers using boats
launched from the facll/ty. 14) All existing stgnage shall be brought Into complIance within
2 weeks from the date of this public hearing. 15) The hours of operation shall be limited to
6:00 B.m. to 9:00 p.m. dally. Motion carried unanimously (7 to 0).
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6.
M&B 32.03, See, 30-28-16 (2506 Countryside Blvd.)t Executive Corp. of Clearwater, Inc.
(Shamrock's on the Green), CU 92-58
Request - To permit on-premise consumption of beer, wine and liquor
Zoned. RecPD (Recreation Planned Development)
Approved (motion by Mr. Hamilton, seconded by Mr. Blckerstaffe) subject to the foJ/owlng
cond/tfons: 1) This cond/tfonal use ;s based on the application for a cond/tJonal use and
documents submU1ed by the applicant, Including maps, plans, sUIVeys, and other documents
submitted In support of the applicant's request for a conditional use permit. Deviation from
any of the above documents submitted In support of the request for a conditional use permit
regarding the work to be done with regard to the site or any physical structure located on
the site, may result In this conditional use permit being null and of no effect. 2) The requisite
occupationsllicense shall be obtained within 6 months from the date of this public hearing:
3) The sale of beer, wine and liquor shall be restricted to consumption on-premises with no
package sales; 4) There shall be no outdoor seating or sales; and 5) There shall be no
outdoor speakers or entertainment. Motion carried unanimously (7 to 0).
p e. Z ACTION AGENDA
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08/18/92
7. M&B 41.02, 41.03, 41,04, & -11,05, Sec, 24-29-15 (2170-2172 Nursery Rd.), L. M. Loken (Monty's
Pizza). CU 92-59
Request - To permit on-premise consumption of beer and wine
Zoned. CC (Commercial Cenler) and CG (General Commercial)
Approved (motion by Mr. Hamilton, aeconded by Mr. Carassas) aUbJect to the applicant
amending the application In regard to hour5 of operation and following condltlons: 1) Thla
conditional use I. bated on the application for a conditional ute and documents .ubmltted
by the applicant, Including map., plsna, .urveys, and other documents .ubmltted In support
of the applicant" request for a conditional use permit. Deviation trom any of the above
document. submitted In support of the request tor a conditIonal use permit regarding the
work to be done with regard to the aite or any physIcal structure located "n tl1f: sue, may
result In thIs condltlonal use permit being null ancl of nu a"ect. 2) The requisite
occupatlonalllc6nfie shaJJ la ("btalned within 6 month. from the dare of this: public hearing;
3) The sales of alcoholic beverages .hall be limited to consumption on premises wIth no
package .a/es: 4) There shall be no outdoor sealing: 5) The applicant shall obtaIn approval
from the City Commission tor any requisite separation variance: and 6) The facility shall
close no later than 11:00 p.m. dally. Motion carried unanimously (7 to 0).
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D. . 'ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT
AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Ordinance No. 5264-92 of the City of Clealwater, Florida, relating to the Land Development Code;
amending Section 136.004, Code of Ordinances, relating to height limitations, to eliminate a height
bonus provision for properties having required minimum floor elevations, and to allow parapet
walls to extend above maximum height limitations; amending Section 137.005, Code of
OrdInances, to revise the definition of "Height"; providing an effective date. (LDCA 92-12)
Continued to September 1, 1992
2. Ordinance No. 5265-92 of the City of Clearwater, Florida, relating to flood protection, amendIng
Section 146.004, Code of Ordinances, to revise the definition of "substantial improvement" in order
to comply with Florida law relating to the length oJ time in which certain costs are to be accounted
for and limited on Clearwater Beach and Sand Key, but not in other areas of special flood hazard
within the City: providing an eHective dale.
Recommended the City Commission approve Ordinance No. 5265-92 (motion made by Mr.
Hamilton, and seconded by Mr. Carassas. Motion carried unanimously (7 to 0).
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
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08/1 8192
MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, AUGUST 18,1992 - 1:36 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present:
Chairman Mazur, Messrs. Bickerstaffe, Carassas, Hamilton (arrived 1 :39 p.m.),
Merriam, Savage, Ms. Martin
Also present:
Scott Shuford, Planning Manager
James M. Polatty, Jr., Director of Planning and Development
Doreen Feldhaus, Recording Secretary
Chairperson Mazur ouWned the procedures for .conditional uses and advised that anyone adversely
affected by a decision of the Planning and Zoning Board, with regard to conditionar uses, has two weeks
from this date In whIch to file an appear through the City Clerk's Office. Florida Law requires any party
appealing '8 decision of this Board to have a record of the proceedings to support the appeal.
ITEM
A. APPROVAL OF MINUTES
1. August 4, 1992
Mr. Shuford stated the minutes for August 4, 1992 have not been completed due to a shortage of clerical
staff.
B. REQUESTS FOR EXTENSION. DEFERRED AND CONTINUED ITEMS:
1.
(Continued from 6/4/92 & 7/14/92) Part of Blk 2, Baskin's Replat Resub, (2779 Gulf to Bay Blvd)
Herbert E. & Jane B. WoJlowlck (KCMT Entertainment, Inc./Sweaty Eddy's), CU-92-45
~~
Request - To permit on-premise consumption and package sales of beer, wine, and liquor
Zoned ~ CG (General Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Shuford stated a request to table this request was received from the applicant.
It was the consensus of the Board to continue this request to the end of the meeting to allow discussion
of whether to "table" the item.
A motion was made by Mr. Carassas, seconded by Mr. Merriam, to continue this item to the end of the
meeting. Motion carried unanimously (6 to 0).
Mr. Shuford explained if the request to "table' this item is approved, the applicant will be required to pay
readvertising fees, and a fee of $200 for background review of any new owners by the Police Department.
The applicant would not be required to pay an additional $475 conditional use application fee. Mr.
Shulord stated that the circumstances with the application are unusual due to the death of one of the
owners.
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08/18/92
"
Discussion ensued whether to "table" or continue this request. It was the consensus of the Board to
continue the request to allow staff to establish an administrative determination 01 whether to table or
withdraw the application.
A motion was made by Me. Hamilton, and seconded by Me. Blckerstaffe to continue the request to the
September 1, 1992 meeting. Motion carried unanImously (7 to 0).
2. (Continued from 8/4/92) Lots 33 and 46, and vacated alley, COUI1 Square Sub. (401 S. Ft. Harrison
Ave.) Park Terrace of Clwr, Inc. (C.J.D. Corp.fThe Old Bailey), CU 92.52
Request. To permit on-premise consumption of beer, wine, and liquor
Zoned - UC(C) (Urban Center Core)
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Mr. Carassas stated he has a conflict with the request and will not panicipate in the discussion or vote.
Mr. Shuford slated that a tetter withdrawing the request was received from the applicant.
C. CONDITIONAL USES:
1. M&B 23.13, Sec. 18-29-16 (2218 Guilla Bay Blvd.), Valentinos Koumoulldis (Greg Ellis/Mr. Submarine-
Mr. Gyros Restaurant), CU 92.53
Request - To permit on-premise consumption and package sales of beer
Zoned - CG (General Commercial)
Mr. Shuford gave the baCkground of the case and submined, In writing, the staff recommendalfon. Mr.
Shuford noted to the Board a new condition that witt be standard for every conditional use request.
In response to questions by the Board, Mr. Shuford stated that in 1987 when the previous conditional use
was approved that a separation distance of 500 ft. was required. Mr. Shuford responded that improving
the landscaping is a recommended condition because the site does not meet the minImum landscaping
requirements, particularly between the site and the residential propenies and along Gulf to Bay. He
added that an inground irrigation system would ensure the proper maintenance of the landscaping.
Applicant's representative. John McNamara, 41 Park Avenue, Beneair, stated that the application and letter
to the Board summarizes the operation. He stated that the machine is operated by remote control by the
attendant. He explained that customers go to the counter to pay, then go to vending machine for the
beer. If there is any question of age, the same policing activity would be followed as with any alcoholic
beverage sales. Mr. McNamara felt the requirement of an Inground irrigation system would be an
excessive burden for the applicant and that a garden hose should be sufficient.
P & Z MINUTES
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08/18192
AppliCant, Greg Ellis, 1811 Legrande Dr., Dunedin, stated there is water in the back of the property for
any watering needs. Mr. Ellis asked what additional landscaping wl1l be required. Mr. Shuford explained
the landscaping required and advised Mr. Ellis that staff would be glad to meet with him regarding the
site plan requirements.
In response to questions by the Board, Mr. McNamara stated that the machine vends a closed can such
as soft drink machines. Mr. McNamara felt they should be allowed to sell beer at the drive through
window and that all purchases will require proper identification.
In response to questions by the Board, Mr. Ellis stated he is the owner of the business and employes a
day manager and a night manager. Mr. Ellis added he is at the restaurant often and closely supervises
the managers. Mr. Ellis stated the reason for the request Is to enhance his current business, and does
not anticipate customers coming in for the sole purpose of drinking beer.
Pro: None
Con: None
After discussion it was the consensus of the Board that inground irrigation should not be required; and
that there should be no sale of alcoholic beverages at the drive through window. Mr. Ellis stated he would
be willing to comply with that.
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Approved (motion by Mr. Hamilton, seconded by Mr. Carassas) subject to the following conditions: 1)
This conditional use Is based on the application for a conditional use and documents submitted by the
applicant, Including maps, plans, surveys, and other documents submitted in support 01 the applicant's
request for a conditional use permit. Deviation from any 01 the above documents submitted in support
of the request for a conditional use perm1t regarding the work to be done with regard to the site or any
physical structure located on the site, may result in this conditional use permit being null and of no effect;
2) The requisite minimum distance separation variance must be obtained from the City Commission; 3)
Within six months of the date of this public hearing, landscaping shall be Installed in accordance with
Section 136,023 to the extent possible, For perimeter landscape areas restricted by inadequate
parking/maneuvering ares, the applicant shall provide as much perimeter landscaping as possible. Within
60 days of this public hearing, the applicant shall submit a detailed landscape/parking plan to the
Environmental Management and Traffic Engineering Groups and the Planning and Development
Department. 4) A six foot tall opaque fence shall be Installed along the north and east property line
adjacent to the residential zoning districts. 5) The requisite occupational license shall be obtained within
six months from the date of this public hearing. 6) There shall be no sale of alcoholic beverages from
the drive through window. 7) All signage shall be brought into compliance with the sign regulations on
or before October 13, 1992. Motion carried unanimously (7 to 0).
2. M&B 34.011, Sec. 19-29-15, (1590 Gulf Blvd.), MIDO U.S.A., lnc, (Belleview Mido Cabana Club), CU
92-54
Request - To permit on.premise consumption of beer, wine and liquor
Zoned - CG (General Commercial) and aSIA (Open Space/Recreation)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr.
Shuford noted an error in the staff report regarding the parking requirements. He stated that approval
for parking was given in 1985 using restaurant parking requirements, therefore the parking is
grandfathered. Mr. Shuford stated that applicant should be advised they may have to pay an additional
traffic impact fee upon obtaining the occupational license.
Applicant's representative, Tim Johnson, 911 Chestnut St., stated that Mr. Shuford appropriately stated
their request. He added that the Cabana Club is now opening to the public, rather than just members.
He felt the parking condition should be deleted as indicated by Mr. Shuford.
Pro: None
Con: None
Approved (motion by Mr. Hamilton, seconded by Mr. Bickerstaffe) subiect to the following conditions: 1)
This conditional use is based on the application for a conditional use and documents submitted by the
applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's
request for a conditional use permit. Deviation from any of the above documents submitted in support
of the request for a conditional use permit regarding the work to be done with regard to the site or any
physical structure located on the site, may result in this conditional use permit being null and of no effect.
2) The requisite occupational license must be procured within six months from the date of this public
hearing. 3) If any changes are proposed to the site, a revised site plan must be submitted for the
Planning and Development Department staff review and approval prior to the issuance of any licenses or
permits. Motion carried unanimously (7 to 0).
3. Lots 4, 5, & 6, Blk. 0, Island Estates of Clwr Unit 5. and waterway adj south of Lots 4, 5 and 6 (211,
217, & 223 Windward Passage), Windward Properties (The Bitter End, Inc.), CU 92.55
Request - To permit on-premise consumption 01 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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08/1 B/92
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Applicant's representative, Tim Johnson, 911 Chestnut St, stated thaI the owners of the subject property
are also the owners of the Flagship Restaurant He added this site was previously the Sea Spire
Restaurant, which was licensed to serve alcoholic beverages.
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Pro: None
Con: None
Approved (motion by Mr. Hamltton, seconded by Mr. Savage) subject to the following conditions: 1) This
conditional use is based on the application tor a conditional use and documents submitted by the
applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's
request for a conditional use permit. Deviation from any of the above documents submitted In support
of the request for a conditional use permit regarding the work to be done with regard to the sile or any
physical structure located on the site, may result in this conditional use permit being null and of no effect;
and 2) AU requisite licenses and permits shall be obtained within six months of this public hearing. Motion
carried unanImously (7 to 0).
4. M&6 33.05, Sec. 20-29-16 (18409 US Hwy 19 N), Clearwater Ribs, Inc., (Damon's The Place for Ribs),
CU 92-56
Request - To permit on-premise consumption of beer, wine and liquor
Zoned . CC (Commercial Center)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant's representative, James Lorden, 4390 Foremast Ct., Ft. Myers, stated that the application and
letter explained the operation and requested approval of the request.
In response to questions by the Board, Mr. Lorden stated he is the regional manager and that there will
be several on-site managers. He stated that there will be no outdoor seating or waiting area.
i
<
Em: None
Con: None
Approved (motion by Mr. Hamilton, seconded by Mr. Carassas) subject to the following conditions: 1)
This conditional use is based on the application for a conditional use and documents submitted by the
applicant, Including maps, plans, surveys, and other documents submitted in support of the applicant's
request for a conditional use permit. Deviation tram any of the above documents submitted in support
of the request for a conditional use permit regarding the work to be done with regard to the site or any
physical structure located on the site, may result in this conditional use permit being null and of no effect;
and 2) All requisite licenses and permits shall be obtained by the applicant within six months of this
public hearing. Motion carried unanimously (7 to 0).
5. Lots 6 thru 9, Blk. C, Island Estates of Clwr Unit 5 (261-271 Windward Passage), Neuhaus
Massivhaus Baugesellschaft m.b.h. (Island Estates High & Dry Marina), CU 92.57
Request. To permit 126 boat dry storage marina facilities
Zoned . CG (G!:!neral Commercial
Mr. Shuford gave the background 01 the case and submitted, in writing, the staff recommendation. Mr.
Shuford stated that a permit was not obtained for the sign on the side of the building and the Board may
wish consider an additional condilion # 14 that all existing signage shall be brought into compliance with
the sign regulations within two weeks of this public hearing. .
Discussion ensued regarding the requirement of a brochure explaining the no wake zones and the hours
of operation.
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08/18/92
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Applicant's representative, Tom Nash, 400 Cleveland Sl., slaled he is representing the High & Dry Marina.
He stated that approval was obtained for this request in 1990, however due to economic considerations
did not proceed with the project at that Ume. Mr. Nash added that the request is the same and that there
is no problem with Ihe conditions, except the requirement of brochures. He felt this issue could be
Incorporated In the lease agreement, but would comply with Board's decision.
In response to questions by the Board, Mr. Nash stated in regard to the no wake zone, that there is a sign
which clearly defines the no wake zone, and felt they will to inform all customers of it.
Pro: None
Con: None
Approved (motion by Mr. 8ickerstaffe, seconded by Mr. Hamilton) subject to the following conditions: 1}
This conditional use is based on the application for a conditional use and documents submitted by the
applicant, Including maps, plans, sUlveys, and other documents submitted in support of the applicant's
request for a conditional use permit. Deviation from any of the above documents submitted in support
of the request for a conditional use permit regarding the work to be done with regard to the site or any
physical structure located on the site, may result in this conditional use permit being null and or no effect.
2) The applicant shall obtain requisite site plan review approval and submit for site plan certification within
six months; 3) The site plan shall be revised showing enough of the City parking lot to determine that
the new southerly parking on subject site will work, prior to submittal of the final site plan for review by
the ORC; 4) The limits of the parking/vehicular easement on City property shall be provided on the site
plan for ORC review; 5) The existing and proposed height of the structure shall be given on the final site
plan in accordance with the CG height limitation for ORC review; 6) The 50 percent minimum open space
requirement for the frant yard shall be provided on the site plan prior to DRC review; 7} The rollout
dumpster is subject to Sanitation approval prior to certification of the final site plan; 8) The developer
must provide landscaping according to City code and supplementary landscaping designed to enhance
the appearance of the structure in accordance with the review of the City's Environmental Management
Division and the Director of the Planning and Development Department prior to submittal of the final site
plan for ORC review; 9) Any lighting shall be directed away from residential areas; 10) Total boat
storage shall not exceed 126 boats; 11) No engine testing or repairs between the hours of 9:00 p.m. and
6:00 a.m,; 12} The owner or immediate business manager of the proposed facllity s~all have on site a
mechanically sound backup fork-lift vehicle available for use; and 13} The owner or Immediate business
manager shall post a sign (or signs) on site and include information in the lease agreement notifying
customers of the existing no-wake zone in the marked navigational channel; the sign (or signs) shall be
placed in such a manner to be clearly visible to all customers using boats launched from the facility. 14)
All exIsting sign age shall be brought into compliance within 2 weeks from the date of this public hearing.
15) The hours of operation shall be limited to 6:00 a.m, to 9:00 p.m. dally. Motion carried unanimously
(7 to 0).
6. M&8 32.03, Sec. 30-28-16 (2506 Countryside Blvd.), Executive Corp. of Clearwater, Inc, (Shamrock's
on the Green), CU 92-58
Request. To permit on-premise consumption of beer, wine and liquor
Zoned. RecPO (Recreation Planned Development)
Mr. Mazur declared a conflict with this item and Mr. Carassas took over the Chair for this item.
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant's representative, George Hayes, 696 1st Avenue, St. Petersburg, slated that staff has presented
thetr request appropriately. He stated that the State 01 Florida Division of Alcoholic Beverages and
Tobacco has been at the establishment several times to ensure the requirement of 51% food sales. This
has been a problem and the State recommended changing over to a 4.COP license. Mr. Hayes stated
that recommended condition #4 should be eliminated [IS it is too restrictive in regard to entertainment,
and that this is a large facility may occasionally have a two or three piece band. He added there will not
P &. Z MINUTES
5
08118192
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be any outdoor speakers. Mr. Hayes stated that the applicanl leases jusl lhe restaurant itself, bUI they
often have requests from golfers to make package purchases,
Mr. Shuford stated the applicant would have to modify lhe application to reUect the change In proposed
entertainment.
In response to questions by the Board, Michael Doyle, applicant, 1749 Highland Avenue, Apt. 1-124, slaled
there have been no problems at the establishment involving the police. He stated he would like to have
entertainment such as a band for a St. Patrick's Day party,
Discussion ensued regarding package sales, and consumption on the premises of the golf course. Mr.
Shuford stated that the Board may wish to continue the request to resolve the question of package sales
for consumption on the premises of the golf course.
Mr. Hayes staled il was their desire to withdraw the package sales portion or the request and asked the
Board to approve the new license.
frQ: None
Con: None
Approved (motion by Mr. Hamilton, seconded by Mr. Bicl<erstaffe) subject to the applicant amending the
application in regard to entertainment and following conditions: 1) This conditional use Is based on the
application for a conditional use and documents submitted by the applicant, including maps, plans,
surveys, and other documents submitted in support of the applicant's request for a conditional use permit.
Deviation from any of the above documents submitted In support at the request for a conditional use
permit regarding the work to be done with regard to the site or any physical structure located on the site,
may result In this conditional use permit being null and of no eHect. 2) The requisite occupational license
shall be obtained within 6 months from the date of this public hearing; 3) The sale of beer, wine and
liquor shan be restricted to consumption on-premises with no package sales; 4) There shall be no outdoor
seating or sales; and 5) There shall be no outdoor speakers or entertainment. Motion carried
unanimously (7 to 0).
7. M&B 41.02,41.03,41.04, & 41.05, Sec. 24-29-15 (2170-2172 Nursery Rd.), L. M. Loken (Monty's
Pizza). CU 92-59
Request - To permit on-premise consumptlon of beer and wine
Zoned - CC (Commercial Center) and CG (General Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Applicant, Sean StoHel, 2170 Nursery Ad.. stated he would like to stay open until 11 :00 p.m. if business
picks up. He added that recently business has Increased and on Fridays and Saturdays with people
waiting to be sealed and that more tables will help.
In response to questions by the Board, Mr. Stoffel staled he has no problem with the conditions
recommended by staff, but would like the option to remaIn open until 11 :00 p.rn, He stated that he has
operaled the business for four years and has owned it for two years.
Pro: None
Con: None
Mr. Shuford stated the applicant would have to modify lhe applicalion to reflect the change in hours of
operation,
P & Z MINUTES
6
08/18/92
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Approved (molion by Mr. Hamillon, seconded by Mr. Carassas) subject to the applicant amending the
application In regard to hours of operation and following conditions: 1) This conditional use is based on
the application for a conditional use and documents submitted by the applicant, Including maps, plans,
surveys, and other documents submitted in support of the applicanl's request for a conditional use permit.
Deviation from any of the above documents submitted In support of the request for a conditional use
permit regarding the work to be done with regard to the site or any physical structure located on the site,
may result in this conditional use permit being nun and of no eUecl. 2) The requisite occupational license
shall be obtained within 6 months from the date of this public hearing; 3) The sales of alcohotfc
beverages shall be limited to consumption on premises with no package sales; 4) There shall be no
outdoor seating; 5) The applicant shall obtain approval from the City Commission for any requisite
separation variance; and 6} The facility shall close no later than 11 :00 p.m. daily. on weekdays and 11 :00
p.m. on weekends. Malian carried unanimously (7 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT. LAND DEVELOPMENT CODE TEXT
AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Ordinance No. 5264-92 of the City of Clearwater, Florida, relating to the Land Development Code;
amending Section 136.004, Code of Ordinances, relating to height limitations, to eliminate a height
bonus provIsion for properties having required minimum floor elevations, and to allow parapet walls
to extend above maximum height limitations; amending Section 137.005, Code of OrdInances, to
revise the delinition of "Height"; providing an elfective date. (LDCA 92-12)
Mr. Shulord explained the ordinance and presented, in writing, the staff recommendation.
It was the consensus of the Board to continue consideration of this ordinance 10 September 1, 1992.
Pro: None
Con: None
2. Ordinance No. 5265-92 of the City of Clearwater, Florida, relating to flood protection, amending
Section 146.004, Code of Ordinances, to revise the definition of 'substantlal improvement" In order
to comply with Florida law relating to the length of time in which certain costs are to be accounted
for and limited on Clearwater Beach and Sand Key, but not in other areas of special flood hazard
within the City; providing an effective date.
Mr. Shulord explained the ordinance and presented, in writing, the staff recommendation.
Recommendod the City Commission approve Ordinance No. 5265-92 {motion made by Mr. Hamilton, and
seconded by Mr. Carassas. Motion carried unanimously (7 to 0).
E. CHAIRMAN'S ITEMS
Mr. Mazur commented that while sitting in the back 01 the meeting room during the Shamrocks on the
Green item he noticed that it was difficult to hear what the Board members were saying and asked the
Board members to speak directly into the microphones.
Mr. Mazur stated that al the last meeting an item on the agenda lasted two hours. He felt that should any
member of the Board fee) an item is taking too long they should feel free to make a motion to stop the
discussion. Mr. Mazur fell the Board only meels together approximalely every two weeks and should not
rush through discussions.
Mr. Mazur discussed the issue of gas stations selling single conlainer 01 alcoholic beverages and slaled
he felt thIs should not be allowed.
P & Z MINUTES
7
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It was the consensus of the Board to obtain a legal opinion from the City Attorney on the Board's authority
to prohibit such sales.
A motion was made by Ms. Martin. and seconded by Mr. Bickerstaffe, that the Board recommends the I~'..
City Commission include in it's legislative package to Tallahassee to consider banning the sale of single
containers of alcoholic beverages at package stores or al feast at locations that also self gasoline. Motion
carried 4 to 2 (Mr. Hamilton and Mr. Merriam voting 'nay'),
F. DIRECTOR'S ITEMS
Mr. Shuford stated that the minutes of the August 4, 1992 meeting are being prepared and will be
distributed as soon as completed.
Mr. Shuford discussed with the Board the new standard condition # 1 as prepared by the Assistant City
Attorney. He noted that the purpose Is to ensure the applicants abide by what they request on their
applicatJons.
A motion was made by Mr. Hamilton. and Mr. Merriam, to modify the standard condition #1 for all agenda
items approved today to read: ....Deviation from any of the above documents submitted in support of the
request for a conditional use permit regarding the work to be done with regard to the site or any physical
structure located on the site, wUI may result in this conditional use permit being null and of no effect."
Motion carried unanimously (6 to 0). Mr. Savage leh the meeting at 3:45 p.m.
Mr. Polatty explained to the Board there is a customer service survey being sent out for feedback from
our customers about our service to them, He added that he would like to meet with each Board member
to discuss how they feel the Department Is penorming.
Mr. Polatty discussed a proposal being considered to merge this Board with the Development Code
Adjustment Board in order to streamline the development review process.
G. BOARD AND STAFF COMMENTS
Mr. Bfckerstaffe commented that downtown parking lots at businesses not being used at night should be
open to permit parking for businesses open at night.
Mr. Shuford stated he had met with Jessie Goodman. The World in Clearwater, who made a suggestion
to that effect. He added that a retter from the City Manager was prepared to the Pinellas County
Administrator to propose permining these lots to be open for public use at night. This is also being
brought forward to the Economic Development Director for follow up.
A motion was made by Mr. Bickers1affe. and seconded by Ms. Martin, to recommend that staff be
authorized to approach Pinellas County and any other public body that has parking to be open tor public
use during off hours. Motion carried unanimously (6 to 0).
Mr. Polany stated that staff will follow up on the licensing issue for the golf course associated with
Shamrocks on the Green,
Meeting adjourned a1 4:15 p.m.
lanning and Development
'...............
P & Z MINUTES
s
oa/18/92
lV' ~ I r l U 1.,J I I I I.. I , I '_ ,\., .. I . lJ u I I' -..; 1
COUNTY, MUNICIPAL, AND OlllEn LOCAL PUULIC Uf;f;fGEHS
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