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11/15/1994 (2) .,..""'T" ,n.. n H' , . .:. . " ~. . n. "0 '" .', ...1. .. ;.<' , ','.::~ '"' ~ '. ;" .,' I r~~ ..:. . ::~ ..r. . : . :. . ,:." '. :-0,.. . 'Cj, .; '~ ':':--..'. ~ '", . C' ~ ~ < ~ ...... '. , , :~":., ".. ".t. , . .. " , t "r;' ;:.... '. .' , . ~ .. ':', '.; . ~ ".'" ,.., \::.:~ :.'( V~:',"", 'C .' .... ~~< :... . l" . , '0 '. .,!' . -.. ~ .: '; ~~.' . ,~ ACTION AGENDA PLANNING AND ZONING BOARD Tuesday, November 15, 1994 - 2:00 p.m. Commission Chambers, 112 South Osceola Avenue, Clearwater. Florida ITEM: A. APPROVAL OF MINUTES: The minutes of the October 18, 1994 and November 1, 1994 meetings were approved with corrections.. B. ' REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (cont from 1111194) 2201 Sunset Point Rd and vacant property to west. Pincllns Groves. See 1-19-15. part of Lot 1 (Harriet A. Finkenbinder/Sun Bank of Tampa) (Walgreens Drug Store). A 94-21;LUP 94-29 .Inclusive in this request ore associated uses which include the sale of alcoholic bevcrages. LUP: ZONE: GC (Commercial General) CPD (Commercial Planned Development) Action: Granted subject to the following conditions: l) Pennittcd uses shall be indoor retail sales; restaurants with no outdoor seating. outdoor entertainment,. or outdoor speakers; medical clinics/laboratories; business/professional offices; business services; personal services; indoor commercial recreation/ entertainment; nonprofit social or community services; art galleries/studios; veterinary offices; one alcoholic beverage sales establishment, package sales; and alcoholic beverage sales. eomsumption on premise for restaurants only; 2) all perimeter landscaping shall be provided on both porcels prior to the issuance of a c.ertifiCllte of occupancy for any parcel; 3) dumpster locntion(s) for the outparcel shall be limiled to the eastern 1/3 of the outporcel site; 4) loading operations shall be prohibited between the hours of II p.m. and 6 a.m.; and 5) fmal conceptual site plnIi approval by the City Commission contingent upon Preliminary Conditions , for Site Plan Approval. 2. TRIAL PERIOD REVIEW - Clearwater Bay Morine Way.s (Adventure Seaway Corp) to pern1it marina use; 600 passenger cruise ship, and on premise consumption of becr. wine. and liquor (new license) at 900 N. Osceola Ave., J.A. Gorra Sub, Blk 2, Lots 2 & 3, part of LOl I, filled submerged land on west, submerged land and riparian rights together wilh Sue Barco Sub. Lots 13. 14.23, part of Lot 22, vacated Nicholson Street, filled submerged land on west, submerged land and riparian rights, zoned CR 24 (Resort Commercial) and AL-C (Aquatic Lands-Coastal). CU 93-74. , Action:, Granted with the following conditions: I) The applicant shaH maintain continued conditional use '" ' :' pennit approval from the Planning and Zoning Board; 2) approval shall be for consumption on premises on , " the ship only~ and sale and distribution of alcoholic beverages shall not occur until after the ship totally exits . the marina, and that all alcoholic beverage sales will cease on the ship's return at or prior to the locntion of . , the Cleorwater Pass Bridge; 3) the applicant 'shall complete all proposed site work nssocinted with the new " parking facility within 1200 days nfter pennit issuance from DEP contingent upon the pennit application ,'. ,continuing in an active status; 4) the cruise ship shall be berthed by 12:30 a.m. on Friday and Saturday nights and by 11:30 p.m. on all other nights except New Year's Eve and the 4U1 of July when the ship shall be " berthed ~y 2:00 a.m.; the facility shall cease all operation within one hour after the day's final ship berthing; P&Z Action Agenda 1 11115/94 ,. .l ~.~ -.c~~~~~~~~~~~i~S~.~:~tf~i:'~iWt:'~" :',. .......~.,,~J I:;c' r.... ....>".~.~; '':+/ c,~.d":. .;..,.:'~' ..l~_'. ...~:<>, :~.t" }.:\' ..<.c...:.:,....": ,.~~..:.,.~;iT.).:.~:.::::.:,.,i,\~'.;;.':17?::~~~;' ~.. ,; .:~;~~}~".y~':,< ':. 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';l;c, . h 1 .. , , <, ' 5) All in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the Clcanvater Pass bridge; 6) there shall be no outdoor entertainment at the landside facilities. and all use of outdoor speakers on the ship while it is berthed or on landside facilities shall be prohibited after 8:00 p.m.; 7) there shnll be no outdoor ship or site cleaning opcrations betwcn the hours of 8:00 p.m. anq 7:00 a.m.; 8) there shall be no storage of boats in the paved parking spaces or travel aisles; 9) the North Osceola Avenue entrance and the eastern entrance from the Seminole Boat Launching Facility shall not be used unless detennined necessary for vehicular access by the Traffic Engineer or Fire Marshal, with the primary corleem being public safety rather than on-site trnffic circulation convenience; 10) the cruise ship shall be enclosed and nil entertainment shall occur within the enclosed space of the cruise ship while in the marina; 11) the cmise ship shall be docked in such n manner that its exhaust is emitted in a westerly direction and engine operations while in the marinn shall be kept to the minimum required by navigational necessity; 12) the emise line shall continue to clarify the "service charge" issue in its advertising promotions, sales arrangements, employee training and ticket schedules so that the fee is not identified in any way with any charge imposed or revenue received by the City of Cleiuwater; there shall be no reference to a "port chargell; 13) the Cruise Lines shall pay the City the remaining balance of$29,778 in Trnnsportntion Impact fees, or provide adequate documentation to justify n lesser fee amount in the determination of staff. 30. TRIAL PERIOD REVIEW - Russell Dilley Jr.. TRE & Barbara J. Dilley. TRE. Dilley Family Trust/Oub Personality, Inc. (Personatitis) to pennil on premise consumption of beer nnd wine (new license) at 20866 US 19 N, Sec 18-29-16. M&B 14.11, zoned CH (Highway Commercial). CU 93-57 Action: Granted subject to the following conditions: 1) All pennits and licenses isslled by the City and other agencies shall be subject to initial and continuing compliance with nil applicable requirements; 2) no adult use shall be permitted; 3) there shall be no advertisement of the subject establislullent on the on-site billboard; 4) there shall be no outdoor entertainment, seating or spenkcrs~ nnd 5) approval sha\l be for conswnption on premises only with no package sales. 3b. Russell Dilley Jr.. TRE & BArbara J. Dilley, TRE. Dilley Family Trust/Club Personality, ~ (Personali.ty's) to permit on premise consumption of beer, wine, and liquor (new license) at 20866 US 19, See 18-29-16, M&B 14.11, zoned CH (Highway Commercial). CU 94-90 '~ction: Granted subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) there shall be 110 advertiscment of the subject estnblislunent on the on-site billboard; 3) approval shall be for consumption on premises only with no package sales; 4) there shall be no outdoor entertaimnent, seating or speakers~ 5) no adult use shall be pennitted; 6) all penuits and licenses issued by the City and other agencies shall be subject to initial and continuing compliance with all applicable requirements; and 7) there shall be a one year trial review period from the date the 4-COP license is obtained. C. CONDITIONAL USES: 1. Tdetco Development Corp/Craie & Co. Ent.. Inc (The Drill Inn) to permit on premise consumption and packages sales of beer and wine (change of business ownership) at 1453 S. Belcher Rd, Sec 19-29-16, Pinellns Groves. part of Lot 9, zoned CG (General Commercial). CU 94-89 Acllon: Granted subject to the following conditions: 1) The requisite oeeupationallicense shall be obtained within six. months of the date of this public hearing; 2) there shall be no outside entertainment, seating, or P&Z Action Agenda 2 11115/94 ~t~~~~llJ7;;.~~nt~~.$i~~~N4%~.~~:~\j ';;~'~?~"~\\it:t~~~'~';:"J:~:; ...:,:;,; ~;;::/,:!"~.:';.;".'~,, ':~;,:','. :. ~;'r' ~;, ;'~', ;>;~,::}~,:':;:;:":,)'~:~'~:,:::,;";'jr,,.~~.;;. ':~: "~;-';;~(~~? ~~'l':: ~ c:.!~.: ;;,':i:~'~, .,'.: .::~':,:)dtt >t(,~;,; ~', :,": ',> ',' " ,': '," ',' "'" ~'d~~,;t.~~J'~:,q~}1tf~1~%'rr';:::;~':!'1~'!,~\:\;;;JiP.Ji;f'~~:;~:I,:\jf"~Nt~l;~{~1~P~~"f~~!~{i{;~a:i't~fji~UJl,~';iJ<iW7{';';NF:::";;:.,Y" ~;;.}.~'::::,::t:,t .:\~.::>... : .:':' .:.!". :', . r!,.c > . :~.; ~. .~". . . '" . ::',. ~. >. . . "'.:~. . "i.'" ;.' 1}1o'.:.~t'~$~~...T~J~J:~_l.~1;f0~~~;l~~;AAti;~tt.u;~J;~1i~~~"t-~1\~~~;~~J~.1t~::r:;l~.)~'~i:')~~:>~~!~~' In'. ."".....~ "1 ~. . r"' .", ' \ ~ n speakers; and 3) there shall be no customer accessible display area for package soles. 2. Qearwater Motel. IncIRon Benninrton Comedy Scene. Inc. to pcnni\ on premise consumption of beef, wine, nnd liquor (new license) at 20967 US 19, See 17-29-16, M&B 23.05, zoned CH (Highway Commercial). CU 94-91 , , ' " Ad;on: Grant~d subject to the following conditions: 1) The opplicant shaH obtain the requisite occupational license within six months from the date of this public hearing; and 2) there shall be no outdoor entertainment, seating Of speakers. ~ ~:. 3. Park Place Buildine. LtdlPark Place Billiards. Inc, to pennit on premise consumption of beer, wine, and liquor (new license) at 420 Park Place Blvd, Sec 17-29-16, 'M&B 23.11, zoned CC (Commercial Ccnter) & CG (General Commercial). CU 94-92 ,c. , Adion: Granted subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within nine months from the datc of tbis public hearing; and 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; and 3) there sholl be no outdoor entertainment, seating or speakers. ' D. .ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE,TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: " , , , , ,"..., ".(" " .~ '., :' ~'. .'~:: : . \~... <. . ii~;'~ '. ...~'" ~ . . .< \ . ,'~'" . ?d>/" ' ..... ~ r [Notice' of Change of Land Use and Notice of Change in Zoning for the area locnled on lhe south side of Lakeview Road between thc CRX rail line and Ewing Ave. See Public Henring Notice for legal description. :~~:iO' ':. , ,~,~:.. . . . ~':. . ... , Action: Recommend denial (mandated by tie vote). ~:J:" . r; ,. " '. ~t.:;;} . . ~,j':~::Y (.,~.,' ~ , ,;.~:f.. .~:..... ' .~.. r;~/;.:l.: 1.\:-: .: .:... ~ ~.: "'. ,.~ :1:r:,,::.:,:,.:'., ~ . .-.,. ~ . ~~:3' . : :.: ... ~f: "', '. , " , Board Christmas Party , . "Action: To be dulyodvertised. . . ' , , , , . F. '. DlRECfOR'S ITEMS ,.. , , " ,: . ' , ~cesenintion,of'the Municipal Services Complex by Denn Rowc,Architects. ::~:.<,'," , ,',.' " Act/on:. Continued to unspecified dote. ;!~~;~~~.~.~'.d.:!..' . " ~..,: , ~. .... l . 'r:~~~~.<; t.' " \ ~ ..' ~': ~ ., J . :C}~,':':'.;',:::';:,; " ..;>:",:';" , ",'",.P&ZActlo~'AgeDda :j' . ~. ". ~ > .' ': ! ':::~:~~ :'.~:~ :~:~. ~ . .: .; .~, ~\\.1 ~.:o :.' ~ 1 t:w"!;",,,d:> ' ' , " . : "l ~I:~' , ~ : .. ' , ..; " . 2. Notice of Change to the Park Place Development of Regional Impact. See Public Hearing Notice for legal description. : Action: Recommend endorsement E. CHAIRMAN'S ITEMS 3 11115/94 .......~. -L ~r----""""":iI'Wi...:t/'!;t~_~~~&~' "~;-'lt~~..( ~ "-'-J.~.~ fui"~"",; .t'.~'.'~..;.;:r'".h''''''l/l~' I~.."l")~. J' j' ~1III4'"i. '1..,':.h<'j~' '''J~",,'''''''J~ '\':';',,', ,',~,;, "Y" ". , ~ ~'t~}l.'R,"l~ c,~,..,\ {~l'ifk~"" r:;~ .~, 'j".' .: :," . ,J.,.. ) ,,0 . . . .;7(~ it: \.~.,.,.~.~.!:~< ~ _.\ '-';Jt.. ' ..' ,.,., {" ." , t~~~~:~f::/-~;tt::;/\ <:1,/ ~.~:' ;:: ::)': ~,~,,;~";, ~ ;': ~ .. ,> :< .' , ,:' '" " ' .~'1.";>~'t'~lJl"'t.r......~+.t.~...~.,~~ ,,~~r"'f""J".~/~ .il .'.,.1-.-., ,... ....,:. {'. '. (fo(..'"i:"__t~ ',.~ J;":~~:~I.'}',.~'~ .,::': Ii! . ,~ :0.......1, r . .J ". .,..t", ~ ~ .~. t ," I;' p' - . H.., \-' . ,. 'I :,' . -nl. ." ... ~. . . >;f~:~~~~ :-.':~ ~ r~.r~!I.,[J , MINUTES PLANNING AND ZONING BOARD November 15, 1994 - 2:00 P.M. Commission Chambers, 112 South Osceola Avenue, Clearwater FL PLEDGE OF ALLEGIANCE INVOCATION Members Present: John Carassas, Chair Lois Martin, Vice Chair Robert D. Bickerstaffe Jay Keyes (arrived 2:05 p.m.) Edward Mazur (left 3:37 p.m.) Kemper Merriam Brenda Nixon . ". '., . iT:", . Also Present: Scott Shuford, Director, Central Permitting Sally Demarest, Board Reporter .,..!,' + ' ~...... " .:;. . . . Chairman Carassas outlined the procedures for conditional uses and advised that anyone , "adversely aff~ted 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. , Florida' Law requires any party appealing a decision of, this Board to have a record of the ,proceedings 'to support the appeal. ,I. ~ '"..' ',' ,\- " , >: 0 . , . '-/~., , - ; = ~ . ~:. " c ~t);,::, By motion duly seconded, the, minutes of the October 18, 1994 and November 1, 1994 meetings [~;};,. .. were.approved with corrections, (t.,\ ',' The following requests for extension, deferred and continued items were considered: ~~:/:':.. . . L (cont from 1111/94) 1101 Sunset Poiut Rd and vacant property to west, PineUa. ''i1':-''': ' . ' Gioves, See 1-19-15, part of Lot 1 (Harriet A. Finkenbinder/Sun Bank of Tampa) f~~{\::~:,:.", ' ~~~~~:~~t~~ ~t:~:~~ ~e9~:~~~;~ ~~~2~hich include the sale of alcoholic beverages. ':'~";:::': LUP:' ' GC (Commercial General) !;:}~/'>:::~~' ~:, , '. Z~NE: CPD (Commercial Planned Development) f}~)<':'..::" " " '.Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations, ~':ii,I;;:,~ <' " ,:,,", indicating the application had been presented and discussed at length at the last Board meeting on :,>:::,,::..-::,' " ',November 1 1994 ' ' . J~;'.i"I,'.:" , , . ,. ! <~ :" ; :':. , :;.~;. . ':':,':," ;:;',~ .~~.: . > >:..~ t' " He' noted concerns ,expressed at that time with the site plan submitted and the drive-through as ,,: proposed. He made particular note of the addition of permitted uses 2) all perimeter landscaping '''~' ~ 'V. " ' , P&Z MlnuteJ 1 11/15/94 . :-. '.~:..: , ,'.'::. " , ',' '..'.' '"'J' ,; 't..;.... '" , ~ .':" ,:' : ;0 >:r , . ; ~ .: '. . . ,.",> . ::' ~~': ,t'" .".. ' I . 'r ~~l TI ~1IIQtf~~!~i;i.;,~\_::~:;;,";.-.:.~.-~.,t:>'~"U("''''.I''!1..,~~- " ~'''.f".;, '~""'rl:..-\..-<:~' Uj' , ..>"'. . . , . .' '" c~..... ...~'. . ':. . ,~.,. l". ,:; .....1:.d..... '~'.. v :'~.I <t.:"-::.I1":'~'.l:;"'" r:':~'i.t~t': ~ :::',~'~...' .. -'., ~ ..: ~ ";. ~. c .:T.~~~#P~~~~'~~~a~@,l .~t;1~,i:firL~~; ~!f(1iii::;~~~i<{,\'''''~~''1~~:.':\; .~'."(_!,,'t~~~~4( ':~.~..:::T\:r.:.'/~\:~;.;.:;'~~~ ~ :1. ,,:)t~~,:;:c'~t';~.:i :~t!.;;;..~.(~J~.:"/l: ~',,).':i ~~""~~','. '~;r~~/tJ:(;.~_~1 . ';::~':':''', ,':;.;. l :: ;,', " " . .-, .' ~ ~.".)t'!..'f~;;~'r.j Wf,~i1:~i~1?~:f'i .~.'j~\~Jt.d'r.('l">:;I(:i!;I'- ",;. '~J"~'" 1'),",W~,'i'.,'~ ,,,"'!IfF::"';' .,. ;';''';'If.;'';''''/'~,d '. c" , '," ',',' "" "J" , " . '" :,J',., "~'.~('"N1'~""~i""~'i~\.i!\~~';;j):f~' ~" "~'., .'1.:"'i!'<~ ~ '}i.;;.~...,::;.:l:;::~~";::~.:':.</:'""l ....~.:.....c:.<'.... ".. ..,' ~" . .'. "". . . T, "':.~.:"~J~...Q;;~~;";YJ,tr:~~~Pi.;..." ~J~ 'ti::~f~"!j ";J...' ........"'..."...",., '.' '.',' .. '.,' .', ..,.",E',., ''''1'. "'~1.,I'~~"iW"'"< ~~~~,t~,~~~i~;!(:i;~';:':'~,':~,:";:'~:<;;:'>.,./..:,:~~;;:~',;\J,~~':;,>':~:;::'~~,,'~,:,>,',,:. ',,;,",~' ,...',.; :.' .' ," ",:'-: - f".., . ,.,.~~~l~~,;l%~;$,t; ~h"""t-;'~.~, . .~.:'" o '" ~ ~. . ,', .,),.... , :.:~!~.'.'. . ~. ~ . ,.' . , ' ,-, . . ';'0 ': .~.. " ~.. ' . r., ,,'. :...: . c. ... ,., ~:. c .~: . . ..... \'<c ";. T :.:~ i . . ~.~ ~:::: T:' C ,..... , ~. . ' '. '~~:c',: , . ...'"' ., :,' ' ..'l" :" .f:.)'" ~. :',"', " . ~ .' ,,' ': \.. . ).:. ,:. c . '. ~ ,. 0 . . '. ~, , " shall be provided on both parcels prior to the issuance of a certificate of occupancy for any parcel; 3) dumpster location(s) for the outparcel shall be limited to the eastern 1/3 of the out parcel site; and 4) loading operations shall be prohibited between the hours of II :00 p.m. and 6:00 a.m. Mr. Shuford said these conditions were added to address the concerns of citizens speaking at the last Board meeting whose residences abutted the proposed development. Representing the applicant, Attorney Harry Cline said he would not speak in detail in view of his lengthy presentation at the last Board meeting. Reviewing. Mr. Cline cited the annexation of a portion of land coupled with a rezoning of that land and another parcel. already in the City of Clearwater. County property zo~ed commercial will be zoned CPD in the City. Addressing the remaining traffic concern, Mr. Cline said his engineers have met with City staff and there is agreement with the proposed traffic plan, indicating his engineer was present if an opinion was needed. He said the applicant is agreeable to relieve all concerns expressed by citizens at the last meeting. Mrs. Vera McGinnis, 2101 Sunset Point Road, Raintree Village Condominiums. said she was speaking neither in support nOT opposition to the application. She said she spoke at the last meeting, welcomed the Walgreen's store, and again expressed concern with the proximity of the building close to the lot line bordering the condominium residences. She said she was in agreement with the . conditions proposed by staff and received Mr. Shuford's assurance these conditions would be included in a recommendation to the City Commission. Motion was made by Mr. Bickerstaffe to approve the request subject to the following conditions: 1) Permitted uses shall be indoor retail sales~ restaurants with no outdoor seating, outdoor entertainment, or outdoor speakers; medical c1inics/Jaboratories~ business/professional offices; business seNices; personal selVices~ indoor commercial recreation! entertainment; nonprofit social or community services; art galleries/studios; veterinary offices~ one alcoholic beverage sales establishment, package sales; and alcoholic beverage sales, comsumption on premise for restaurants . only; 2) all perimeter landscaping shall- be provided on "both parcels prior to the issuance of a . certificate of occupancy for any parcel; 3) dumpster location(s) for the out parcel sholl be limited to the eastern 1/3 of the outparcel site; 4) loading operations shall be prohibited between the hours of '11 p.m. and 6 a.m.; and 5) final conceptual site plan approval by the City Commission contingent upon Preliminary Conditions for Site Plan Approval. The motion was duly seconded and curried ' , uhani~ously. A suggestion was made' that all site lighting shall be directed downwards and away from any .' residential area. Mr. Bickerstaffe moved to include this item. The motion was duly seconded and ,carried, unanimously. 2. TRIAL PERIOD REVIEW - Clearwater Bay Marine Ways (Adventure Seaway Corp) to pennit marina use; 600 pa~isenger cruise ship, and on premise consumption of beer, wine. and liquor (new license) at 900 N. Osceola Ave.. J.A. Gorra Sub. Blk 2. Lots 2 & 3. part of ~t 1, filled submerged land on west, submerged land and riparian rights together with Sue , Barco Sub, Lots 13, 14, 23, part of Lot 22, vacated Nicholson Street, filled submerged land P&Z Minutes 2 , 11115/94 7~~., .. ~-'"\( .7~ r~ '-:""r...l!~"lt.. .~ ., - W.N~;~f'<, tli.bJ;,s:,'i~ ~''''::i'~~l.~';:;''~J'~:'c,~;,~:"., "..,: ..._.:... ~.,.r:: " :'. Jo.- J.". .~c .. , .:. :ft:.: ..,;\.,..~..; ',;..:. .~.: '-:.:".' <: ~,.)~, . :.~;.~ .}~ "'~._;o< .3.. .<:. : ; I:'. '. <.. ~...{';'~ r;:;~~';:t :,'\, ,./:, ,~,'" .",' "'. !,..'; .:, ..~. ,~~:3(, '''''''hi~$:i!'~\H~1,~~~~"~~~>CIL;A~~::1.>;{%;ft,;'M;(t;:::4ti4ji@.~~~~~1~*~:V~~~,*,j;~l~;\~'~;t~~~i}~:"~:;~!;'~'~::\':,' \ '~)7::: :~.:~':~l~i:~':'~~;'i~.~':<,.:, '~.~:,,': -: ' ~: I .:,..~c.. .,>'.~..:' \~.!.::. ~ . ~. ... i: ,. c. . . ~ T. ','" .!~, (}-':';'~':""r<!~f.~~~ai'V~rT~{.~~~';';~&.-~~l:.'lt~~1tt~m~":'~>i~/~';rt1';}/:::-,~'et\~ .,~" ~ '._ '.' I .: ,.:: " .". ': ',". " .::.....'~ ':.' '. .": ,.!: ;'~.: ,':'. '. ::' .f_. '..,.....", t. ':;' ,;':.' " "': .'.~.".. : ;.;..... .,' ~ > " " o " ", ,:,0 .. , :. .' :.\'~ : . : ).'. ' r ~ , " ,I. " . :.. ,- .. ' .. ."" ~ ' , J!, " ~~,\: . c" : c" .. ~ -, . -.,'. .0" ~~ on west, submerged land and riparian rights, zoned CR 24 (Resort Commercial) and ALwC (Aquatic LandswCoastal). CU 93~74 Mr. Shuford gave the backround of the application and presented, in wrltmg, the staff' recommendations, indicating this was the sixwmonth trial review period for Empress Cruise Line, marina and co,nditional use pennit for alcoholic beverage sales. He distributed an unsigned, undated letter of opposition from Clearwater Harbor citizens expressing environmental concerns. Mr. Shuford indicated staff is recommending approval and elimination of further trial periods for the cruise line, acknowledging the applicant has agreed to complete site work and parking 120 days or sooner after permit issuance from DEP. He said the bulk of impact fees has been received, and no complaints have been received from surrounding residents since early June. The Harbormaster has indicated only one grounding report has been filed. He noted pending City Commission action may eliminate the need for a separation variance; the cruise ship would then be governed by conditional use pennit requirements established by the Board. The ensuing discussion addresSed environmental concerns and dredging. Because the applicant was . exploring dredging permits from DEP, the City withdrew its requirements in favor of the State process. Mr. Shuford noted no dredging conditions have been included and that responsibility in this regard will lie with the applicant, the marina and the State. He noted the applicant contends that City storm sewers are creating marina siltation but that the City disavows any responsibility in this matter. Mr. Frank Stanonis) 501 East Kennedy Boulevard, Tampa, representing Clearwater Bay Marinas, , said most of the staff conditions have been completed. He said he appreciated the staff report and agrees with all 13 conditions. He offered to ,answer questions; there were none. Speaking in opposition to the application, Ms. Anne Garris, 38 Acacia Street, Clearwater Beach, stressed environmental concerns. She expressed concern with the water depth accommodating the 61 draft of the boat, the possibility offuture dredging and staff conditions which have not been met. Mr. Shuford gave a brief outline of the various procedures which delayed the application, particularly noting the delay caused by a jurisdictional question between DEP and SWFWMD relative to parking lot's proximity to the water. In the ensuing discussion, Mr. Shuford indicated staff had requested the applicant obtain a dredging 'permlt; however, the applicant explained at a City Commission meeting that such a permit may not berieeded, and did not want to be held to a time certain in this regard; subsequently, City environmental staff withdrew its request. It was suggested that boat traffic in a previously unused marina area and normal tides will cause bottom shifting. Opinions were expressed that delays occurred were out of the control of the applicant. It was noted that the Board does on occasion approve requests with conditions and require applicants to return and non-compliance with conditions result in action by the Code Enforcement Board. In rebuttal, Mr. Stanonis strongly objected to Ms. Garris' comments and individually addressed each P&Z Mlnutes 3 11/15/94 ~~..l,'f"""""':".~"':;l.'{.'.:.', "., . r ,~. ~rr-:~ .R~~~;~kt;;~~:~.}k"~': ::i~'~'~~'~;i~?:~;;:~:~':"$~.~. / ~.~,~~,;;~":,... ". '~,,'.~"'_~~, ':', , :.: ;, ~.<. '.".:' ~.. :~.~.; ,: ~"~i~j.,',..:::"~ . ~.; :~>l . :""i,.h:: :';~/~;:":~'in)~ .~, ~ ~~ .:,: : .,,) ;':<~,~irit , " ",' . '.' ' , ~ .m;,'.~,-"~!\>YF;!.!~q,;,,'~:'i:1'~,\,r.t;~::;c :\v:,~~\.,;\~;"(" ",~t';!['(c,t-"':-' \;',~" '~~:~' .:i~';:~/(.!'':';' ,,~',d~J,i:+'<;'~~ i'~',:~ < '. '.','; '."Pi~..t. 'J:,. <~.,,', ",: ,:'. "; , ,.. .." ' ,,-r-,' .'. '",l~:>:;" ~..;r:;;J,;t'i~\(~;,~,~;<:~~r(1.i~~l;i,;~~Vl~1~?l'k~~':t'~~,,}...~\.,".',l'~':r,".; g~t:d:.:\;;:i:~:'3"'>':::;" ':~"';" ~ :.', ":>> , '. ,',> :,... ',';", , , ,:':," ," " , , ' ',: . "!:, ""~:'" ,'" '~('j:'::"'(' ,~P~~.., ':R,;-/;;~';:?:f~~r,:!~:~i; ~!:~::;::.~ . :'~"., .,' ':".' ~ .:. .:.'... .,.... :.' ". ;:",.., . +',... . .... ....t '... ~ .....,..+:. ....:...,...:. ',. . '.' '. .~"..: '. .,...:. ':, ... 01 ','0 o of the 13 conditions of the staff report. Citing 13), he believed only $10,000 remained to be paid. He said the applicant initiated contact with DEP, and objected to the unsubstantiated testimony in the unsigned letter of objection. Mr. LaVasseur, 910 Bayshore Boulevard, Safety Harbor, president of Clearwater Bay Marina, said the corporation has never been cited by DEP, and their turbidity readings have been in compliance. He noted stonn drains flow into the marina causing siltation and is being addressed. A maintenance dredge exemption is being negotiated with DEP at the present time. He said bureaucratic red tape has delayed this application noting DEP's most recent request for a "count car study". He stressed that everything possible has been done to expeditiously meet the requirements ofthe application. Responding to questions from the Chairman, Mr. Shuford said in the opinion of staff there has been adequate compliance with the four new or revised conditions, 1),3)1 12) and 13)1 which were to be addressed today; Mr. Stanonis said the applicant is willing to comply with all of the conditions. A brief discussion ensued as to the possibility of selective restrictions placed upon this cruise ship and possible precedent-setting. Mr. Bickerstaffe moved to grant the application with the following conditions: 1) The applicant shall maintain continued conditional use permit approval from the Planning and Zoning Board~ 2) approval shall be for consumption on premises on the ship only, and sale and distribution of alcoholic beverages shall not occur until after the ship totally exits the marina, and that all alcoholic beverage sales will cease on the ship's return at or prior to the location of the Clearwater Pass Bridge; 3) the applicant shall complete all proposed site work associated with thE" new parking facility within 120 days after pennit issuance from DEP contingent upon the permit application continuing in an active status; 4) the cruise 'ship shall be berthed by 12:30 a.m. on Friday and Saturday nights and by 11 :30 p.m. on all other nights except New Year's Eve and the 4th of July when the ship shall be berthed by 2:00 a.m.; the facility shall cease all operation within one hour after the day's final ship berthing~ 5) All in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the Clearwater Pass bridge; 6) there shall be no outdoor entertainlnent at the landside facilities, and all use of outdoor speakers on the ship while it is beFthed or on landside facilities shall be prohibited after 8:00 p.m.~ 7) there shall be no outdoor ship or site cleaning operations betwen the hours of 8:00 p.m. and 7:00 a.m.; 8) there shall be no storage of boats in the paved parking spaces or travel aisles~ 9) the North Osceola Avenue entrance and the eastern entrance from the Seminole Boat Launching Facility shall not be used unless determined necessary for v~hicular access by the Traffic Engineer or Fire Marshal, with the primary concern being public safety rather than on-site traffic circulation convenience; ) 0) the cruise ship shall be encl,osed and all entertamment shall occur within the enclosed space of the cruise ship while in the . marina; 11) the cruise ship shall be docked in such a manner that its exhaust is emitted in a westerly direction and engine operations while in the marina shall be kept to the minimum required by navigational necessity; 12) the cruise line shall continue to clarifY the t1selVice charge" issue in its advertising promotions, sales arrangements, employee training and ticket schedules so that the fee is not identified in any way with any charge imposed or revenue received by the City of Clearwater; , there shall be no reference to a "port charge"; 13) the Cruise Lines shall pay the City the remaining P&Z Minute. 11/15/94 4 ~~'~7~~~~;~~~~~~t;i~~h1~~f~t:~ji~~~~i;~~~ti;;j0~~~~~:.~i-k; :;::~i:i;i~ ~';0 {.; j;:,}~); ;~'~'~;'~I:;v~;~;~i;~):;' ;;'~i.; :i~~~~;;)}.:,' ~'~:,)~~;~:t~::i:~~~:;.y~:~:~ \/ ,~,~;: ~,~;;:l~~l '.J ~,/.,: '1' . :. < I ' ." .:.. .,i~"r~y ~t:~~t."l:~ ~'.1~~.i:;.fr.~J~~~'~ ':.lt~;i~..'t.~ ,~t:~~~..~~~t;~" xrA}J~~1;~t~~~:;r;:;~&~;!;t'~~~\i.!:~;~" .;,:~ ~ /! :'~',;~:'.~ ~'ot. 'r~'. :. '.I,~ 'J I~: L. . ~~. l' . . . , ,- ,'J d ( , . ..' :.:.......::r;~!c~~ ;~~~ :,:~ ......\~~..Jf ~ffl~~r/;....t\.~~,~~}t."t.i::..\/ ~',l;r;.!'.r;1 ~ :..... r,;';, . ,.....'~ , '\ :...' , . .'. I , . '''';''''~ ..:.:,:.'f~::..:I(:'-";f.".'J~"-t..~'~~'~r;n-l-~\~,..tP'!f,~:.1......... .~~>oM"'$/o;'4},t.~.'"":~. ~~~,:..;> 'L: ,~." ~ :~~~:~::}~., ~ .... . . -,. ..", ,.' " . ' , ~ .. ...;r". ......:' .....~.~.t:.~,\_.~~t~... .,~'t, ~ ;~'{. . ~~" ".' ;";...... .,.,"'-;.' . '. ' o balance of $29,778 in Transportation Impact fees, or provide adequate documentation to justify a lesser fee amount in the detennination of staff. The motion was duly seconded and curried unanimously. D.3a. TRIAL PERIOD REVIEW - Russell Dilley Jr.. TRE & Barbara J. Dilley. TRE. Dilley Family Trust/Club Personality. Int. (Perso~ality's) to permit on premise consumption of beer and wine (new license) at 20866 US 19 N~ Sec 18-29-16, M&B 14.11. zoned CH (Highway Commercial). eu 93-57 Mr. Shuford presented the background of the application and presented. in writing. the staff recommendations~ indicating this is a six month trial period review for a conditional use permit. It was noted the Police Department has detennined no violations of adult use requirements, and very little other police activity. Staff recommends approval of the application, and noted the applicantls additional request for a 4COP license (item B.3b. below). The owner of the business, Mr. Gregg Rose, 20866 U.S. 19~ Clearwater, said the assault reported did not happen on his premise and was unrelated to his business. Mr. Shuford clarified a misunderstanding relative to police incidents which occurred in the first trial period. Mr. Rose stressed this was not an adult use establishment. There were no persons or documents presented in support of or opposition to the application. :>'0 " At this point, Mr. Rose agreed to make his application presentation for the 4COP license (item B.3b.. see below). ,,' '. , " ;," Chairman Carassas cautioned that the increase of alcohol use may create additional problems and did not believe that use belonged at this location. In the ensuing discussion, it was noted of the three police reports provided, two were false alanns and one was unrelated to the business. , . .. \'. . ..... " , Mr. Keyes moved to grant the request subject to the following conditions: 1) All permits and -licenses issued by the City and other agencies shall be subject to initial and continuing compliance with all applicable requirements; 2) no adult use shall be pennitted; 3) there shall be no advertisement of the subject establishment on the on-site billboard~ 4) there shall be no outdoor entertainment, seating or speakers; and 5) approval shall be for consumption on premises only with no package sales. The motion was duly seconded and upon the vote being taken, Mses. Nixon and Martin, Messrs. Bickerstaffe~ Mazur, Merriam and Keyes voted "aye"; Chairman Carassas voted "nay". Motion carried (6-1). ";.. '., ,': B.3b. I!ussell Dilley Jr.. TRE & Barbara J. Dilley. TRE. Dilley Fnmily Trust/Club Personality. Inc. (personality's) to permit on premise consumption of beer. wine. and liquor (new license) at 20866 US 19, Sec 18-29-16, M&B 14.11, zoned CH (Highway Commercial). qI 94-90 , ~ I, ~; ~ ". I ~ '. ,', In his presentation, the manager~ Mr. Joshua Foster. said application is being made at the request ,0 P&Z Mlnute. 5 11/15/94 "~~-~W~I."io\ill~"~l:.U';J;."'.l.t'.il~~iif,;*~~i,:,;,:[;;;) ,\~;:;I~~\~f<':i~-i;\>'o;J:r',;:.,..: , :.:';I';.~' ,.<>,:< ":,'.' .' ::.~:....: .". . ..' ;~- -:" . '. ",;,{"!,,':,,,(,>:.~ ;>:'~~; ;',~~ ~.'.: :.'\1,~~,~:'7~1 . .~. " '.':, '. ' ~.~. ~ ....;'{~{~}\~I(:!,..l?,i~t~~~i~;:l~~)v;:.;i~~r;:~~:I{~):.~~~;l~~~'~t~..V/:.r/~~,t.^;'~t}, ~;\:. i~~.;:'~~{:~~~~:~;r' ~.;~: ~.\'~. ' ~~:.!,:l~:~1:~~)(,;;~.:..~t:J~~';~;;h~:.I,':~S:~~..~'{:L~J;'~~.~.v~~f~~~ : "'.:-< ;- ", , '.. . '. ".' .. .1 o,'.r \;'......{b....r.!.(...,~ .{~_..:.-:.,.:J..;:.~~t 1';"~"; i\'{~~~b,;{~i.~~!~tt ~;..{,~~}X~':./tJ .\~:\~.1~J.'i,,~\;.n~.tJ.\i.~~1.-.,i,:~ t'~I; d.,.,? '.'r~:[ "", :-~: ,"Y:'J\ -:~;' ,';'. .. ' ',' " " ", .~ ,!.i ':' '", r:-~:;~,;~I'; J'-:Jf'.;: '"i:~,'2J:~,if/i:~!rJ~~1jt':rrtf.~'~i~~-V0\:";':"::',f.q~.f..';';:PP i(r>>i:;/~'~]'< " : . j, '," ",,: . ," ' '. " '. : ' ," ,... ".:\{,.... :\r.f:,'.~ ',:~?I.~:, ~(:.~~~-:.,:,.:$~t\;V?;8'>~~:.,;/~',~:~:',~~?~I;:, ;'-t;"4 '.:~, ;; > ". o ,: , ", :.: ' ,'.' ~ ,', .c... . ~ "i! " "'0 . ' f,O( , . ..' " . . .' . . . q. . .' , , l --: : ~ " c '., ',! "'- (,:" t::: 0 '. ,~.>. .' 0: " r , ~, ' , , ~.. '.' , , . ~. .' :1. >.' ,:,:,j, , \ ;' .,f+. ..' ,'.:;'.-:, '. I'c. ., " " , . c.: .' . ',,\,,; . :;. . /~:;.' . ,', ,:.1,'..' , , ,.. ., ' .. . , " o " , j' ',' , , . . " ' of his clientele and to increase business. He stressed their attempts to cater to an "upscale" individual. He Rtated he and Mr. Rose have put substantial time into the business and one of them is always on duty. He cited business.1oss due'to lack ofa full liquor license. In the ensuing discussion, one year was suggested as a reasonable trial period. Mr. Keyes moved to include this provision as a condition. The motion was duly s'cconded and upon the vote being taken, Mses. Nixon and Martin, Messrs. Bikerstaffe, Mazur and Keyes voted t1aye"; Chairman Carassas voted "nay". Motion carried (6-1). Mr. Keyes moved to grant the request for CU 94-90 subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) there shall be no advertisement of the subject establishment on the on-site billboard; 3) approval shall be for consumption on premises only with no package sales; 4) there shall be no outdoor entertainment, seating or speakers; 5) no adult use shall be permitted; 6) all permits and licenses issued by the City and other agencies shall be subject to initial and continuing compliance with all applicable requirements; and 7) there shall be a one year trial review period from the date the 4-COP license is obtained. The motion was duly seconded and upon the vote being taken, Mses Nixon and Martin) Messrs. Bikerstaffe) Mazur, Merriam and Keyes voted "aye"; Chairman Carassas voted "nay". Motion carried (6-1). The following Conditional Use applications were considered: C.t. Meteo Development Corp/Craie & Co. Ent.. Ine (The Drift Inn) to permit on premise consumption and packages sales of beer and wine (change of business ownership) at 1453 S~ Belcher Rd, See 19-29-16, Pinellas Groves, part of Lot 9. zoned CG (General Commercial). eu 94-89 , Mr.' Shuford presented the background of the application and presented, in writing, the staff recommendations~ He noted a discrepancy between the agenda item which does not indicate package sales although the advertisement indicates package sales, and asked for an explanation from the applicant. This is an application for a 2COP license. ' The applicant, Ms. Sally, Craig, representing Craig & Company Enterprises. dba The Drift Inn. 1453 'Belcher Road Sou~ Clearwater) said the request is for consumption and package sales of beer and' , , wine and change of business ownership. She said the error was on the application, and a package , sales license has been in effect since 1965, adding she and her husband purchased the business in January, 1994. . ' , There were no persons or documents presented in support of or opposition to the application. It Was suggested the standard condition for display of package sales be included with the conditions Jor this application. Mr. Keyes moved to grant the request subject to the following conditions: I) The requisite P&Z Minutes 11/15/94 6 " c.>..' . ...... ~~";,;i(.<~,.'~~;"'~\'.(i}~~.,. 'r ,.;!.. tJ~,~ '."'('~ ~ I~:~'. >~~;/1'~?":'~';:"::',i.;,;;";~~/~:: , ,. . Oi:-:o.~ ,"~.:~^::.\"<.;.' ,~;,~ :"l;l:~t~~f._ '} '~:.:1~'('J.~':." _T~ .:.'~ :<,.1 T~:";:: ..;<"~"'~'T~~'":~;::'~' :.{T....':, t. 0 -'!::::.,~~~~~':;:":: ..'.:.":,. . ..~~ : }~~'>~;~ ;""'.:.:. ".,:';":',"'. "', ' ~I~ ~;~ ~~' f.... .; ~ l;fl~'ft!itk_.~: :t~.",~.~,~:"".\~~,{.~:%,,",,~, ':~"';';;"l:t~"~~"'~"J'~"''-''';'''~''~"('~\.';!i!fj.'~f(il,,:~t~;' ,;~,h%i"'';'''''''''i'',~,.,:".!,t'''''''':'''If~ ">";';,'c, ''''L ,,'" .'" , '... ,'~, . ""," ~ 'l~\' l;}' ~',~., .~t . ..~~,,:i":;<~Xi' \;;' 'na" '!~'~'M..:'",J."".i;!"~~.'!,""i,",'i'" ..",1!.\l, t&(:~:':!.-"}~~~'t;i...~r, ~"".;~, . 0" ': .. ~',~~... "," -... ,., ..~r, c :'u ,j ... '.'\.~ ":1~. ...... ~\.>1;""'. It ""',~ . .l.J,.;~y~---:t.,.:t -ij.j' . ~,.t':/~ . .iit:.~~~.~Nt>{t~.f::~r,:~}~~~.'~'~ ~~:)J::~:.r,.,:J:. . .; ." '.:: .. . ..,. . . .... ... '.' ....: . .' () ":0 ~" ~ ,< < . " ' "'0' " . . . , , .' , :.'. " ........ .' ", ". , +,. ~ . .......... . - ,.,1,', .. c. ",' ~ ~.' '.\ . ~:~.:'.~' , . ;(/::,;' ., t . .... >'. I,": '. .~ 1;. ".', . ' .... ' '~. '.;:,: ,:' " . :1.:- ~ . ~ ~ ~. '. . .. +..... .,c',_ , 0, "0' C;l>' ," ." .'. .. ...... ....,"+ occupational license shall be obtained within six months of the date of this public hearing; 2) there shall be no outside entertainment, seating, or speakers; and 3) there shall be no customer accessible display area for package sales. The motion was duly seconded and carded unanimously. C.2. Cleanvater Motel. InclRon Bennineton Comedy Scene. Inc. to permit on premise consumption of beer, wine, and liquor (new license) at 20967 US 19, See 17-29-16. M&B 23.05, zoned CH (Highway Commercial). CU 94-91 Mr. Shuford presented the background of the application and presented, in writing, the staff recommendations. Mr. Jonathan KaplllJ\ 6617 Memorial Highway, Tampa, speaking for the applicant. said a desire for change in the opemtion ofthe business with closer hands..on management for both management and entertainment prompted the application for ,change of license and zoning. He cited present procedures as costly and time-consuming, and was advised that code changes were forthcoming. There were no persons or documents presented in support of or opposition to the application. Mr. Mazur made a motion to grant the request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; and 2) there shall be no outdoor entertainment, seating or speakers. The motion was duly seconded 'and carried unanimously. C.3. Park Place Buildine. LtdlPnrk Place Billiards. Inc. to permit on premise consumption of beer, wine, and Hquor (new license) at 420 Park Place Blvd. See 17-29-16. M&B 23.11, zoned CC (Commercial Center) & CG (General Commercial). CU 94-92 Mr. S'huford presented the background of the application and presented. in writing, the staff . recommendations, indicating this is an upgrade of the existing 2COP license for this establishment. . There are no residences in the immediate vicinity and only one reported problem dating back to 1993. Mr. Gregoty Serio, 2078 Sunset Grove Lane, Clearwater, speaking in behalf of the owners, Richard and Robert Maida, said the business has been in operation for three years. He explained the one police ulcident involved a customer with an open container after 2:00 a.m. He said the 4COP lic,ense , would, increase sales, noting three other billiard clubs in the county. all of which have a 4COP license. There will be no change in the business. Mr. Serio asked for a period of nine months to obtain an occupational license. , , There were no persons or documents presented in support of Qr opposition to the application. ,I Iri the ensuing discussion, it was indicated that the subject business was well-nm and a nice addition ' " to the City. ' P&Z Minutes 7 11/15/94 ~ ..+,.... i '......~.. ...~:... ,.....:.. .:.... ,.:.::', '. ..:" ....'. '.. ....~.: . .~. '~t"~' .', ,.'.:....~..., .... .. '~.I""''''.' . '\ . ~ _r ::,0, ., , , " " ", ~,. . j ',:', . J '.. . ... . ~:,: c . ,.... +, ..' ~ ~. . , . " ". '.. ~ v Mr. Bickerstaffe made a motion to grant the request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within nine months from the date of this public hearing; and 2) the sate of alcoholic beverages shall be limited to consumption on premises with no package sates; and 3) there shall be no outdoor entertainment. seating or speakers. The motion was duly seconded and carried unanimously. The Board recessed at 3 :35 p.m., reconvening at 3:37p.m. At this point. Mr. Mazur left for the rest of the meeting. The following annexation, zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review items were considered: D.l. Notice of Change orLand Use and Notice of Change in Zoning for the area located on the south side of Lake view Road between the CRX raUline and Ewing Ave. See Public Hearing Notice for legal description. Mr. Shuford presented the background of the application and presented. in writing. the staff recommendations, indicating this was a City-initiated item. He distributed a letter of support and a petition of opposition signed by eight property owners. He explained the varied zoning pattern is inconsistent with existing uses of the properties and inhibits the ability of existing businesses to expand. The City Commission authorized a small scale zoning study to administratively revise the zoning pattern in this area. After citing several specific examples, Mr. Shuford said the new JnfilI Commercial zoning district offers the best compromise between the needs of the businesses to expand and protection of the residences to the south, and stafffeels adequate controls of land uses , can occur through. the Infill Commercial zoning district. , Ms. Nixon explained the neighboring location of her home at the intersection of Prospect and Pinellas, and her approval ofthe existing zoning as a perfect buffer between the residential on the north side ofL8keview and commercial. She objected to the change to Limited Office; Mr. Shuford explaiDed the standard progression of uses from the railroad track, limited industrial, neighborhood commercial and limited office,. which creates a problem with businesses' expansion. Concern was expressed that rezoning would seriously devalue the residences. , It was noted for the record that, although the application was initiated by the City, concerned pfopertY,owners wished to be heard. Speaking in support ofthe application, Mr. Keith Estes, 1295 Prospect Avenue, Clearwater, opined that Ms. NIXon offered a conflict of interest; Ms. Nixon disagreed saying in order to have a technical conflict ofinterest, there would have to be financial gain or loss, and there is none. Mr. Estes said the n'orth side of Lake view Road should be rezoned as well. He gave a brief synopsis of the area businesses, calling it a "hodge podgel1. Mr. Jeny Hum 1967 Seber Drive, Clearwater, speaking in support of the application and in behalf . of his mother who owns property in the subject area said their concern was with empty buildings P&Z Minute. 8 11115/94 ~~~i~'~~~~~~.~;(~(~:j1tl').~~~1]::i::~.~.:r3~:~"t:::t;..~.~.'~f'..~.~'.:,~~:,~'~1 :~';~."I' .:.~~~~;,:; .<".~~c, ; .: ;.:..~ \..:", ",': ':;;: . i.". .J;~;.:'::'.'~h.,'..:,.'i.~:~' ':.:'~'..'..~;i~~.~: .'.~:.~:~;::'~..,~i.:;(:<' ~'. c::<':: ':~.. .:' _-;' ~.~.'}).~~~j ,~~;c:: <":',,':' ",',' ',',' ~ . ~~....~~;t.j\~r}}-f.(~~~f~i~T1th~:.-~~~y,~~",,;g~~~~J~;~;~;',k~'~~~';~5Nid,:.;~:dk;}." u;~': ~''-''h;J'~~''~~'l-~)'~' ';'.~i~'~:~~"-i';::,~;, <';\i~Y::S,\~'7>'i,:~'\F.i . ~u;..: ."', " . ".." , .' .,' ' ','," , ' " " ", .""'...... ,...~,~lv'9.';;.:,H"..'tvl;g';i"t4,(!J:ii./i!t-1. ~~"\~f~'~&~1 :~.~'h'<\'I-' , ,,:.t '.!"'4':H'~'\":c'-,.\lJi;I!, ;).?(;\:;'~.,;1,<,<",'i :: j '<' ...' ',~..+:'" < ',.:'~" "~. .~..., .:...... .'. .\~.~. ~......~~"..;;~n~:i....~~f"1~I~j.~ ~~~ ~"';~~~}~ll::tl-g.l.f~i~~:..'~i~/~: :.~_.."..>I'.J.,....:r~.~..~ ......1 ':. ~'..-., ..' '. ;., .' .....~.,r I .' '. .."'-+ " ~, . ~ . T ...... .,~,~~,!tio, .... "'. 'R-. . ~,:,1"},,'ft;.-.i."t,,,,~~,"i,......~;eJ' 'i:tf..')I>,. -rl- . . ~ . ' . f,!;~.f . ~ i~ ..,... . "'. . .1.. . .. .' .'. _.. .... ,.'.,', :,". '.... . . ., '.'. f ' .... _.' ...... .,'., f\ and vagrants. He favored restriction of trucks onto Dempsey Street. Mr. Geny Relun, 721 Lakeview Road, Clearwater, speaking in support, has lived in the area for ten years and cited his substantial investment in area properties. He said rezoning caused 40 feet of his barn to be left out of the Industrial zone and precluded expansion of The Candy Factory. He cited the four years since clarifications of his zonings were approved and complimented Mr. Shuford and stafffor their efforts to bring about a cohesive aspect to the area. He said he does not intend to put any more commercial in the area. Mr. Rehm said rezoning was a progressive move, would expand the tax base and promote investment in the area. He commended staff for the solid study which in his opinion can meet any test of comprehensive planning. :'... " ~ C , . Speaking in support of the application, Mr. John Talakowski, 925 Lakeviw Road, Clearwater, owner of Cathy Lynn Florist, said when he established his business 20 years ago, the entire block was commercial, and his business was grandfathered when rezoning allowed office buildings, resulting in his inability to expand the premise. Mr. Talakowski spoke of traffic accidents and described Lakeview Road as a commercial road. He said he was anxious to expand and improve the business and urged the Board to recommend approval. It was noted the flower shop is presently closed. Speaking in support, Mr. Alfred Thomas, 2033 Nursery Road, Clearwater, said he and his wife own the Coca Cola building on Lakeview Road and cited his considerable investment in the area. He proposed to petition the area businesses to support the Infill Commercial zoning district proposal. He said he is reluctant to invest further without commercial zoning which would allow improvement ofthe neighborhood. ,', T..... . Speaking in support, Mr. Edward Smith, ,1304 125th Avenue North, Largo, the owner of the alternator shop, said he bought the property. then zoned Commercial General. 16 years ago because it had room to expand. His business prospered and he must now use the available room for expansion. , ~~}... '. ;1;;".': ' ,p;';' ~=}.C.<, ": . t;~:.,;, ~n:.T:~, . :~l:1:';~ (Ill.... '" .~~-:~:.I'':.. 1"h~>',/: ~~f..,>', ~; ~~ : I , ' Speaking in opposition, Mr. John Horton, 925 Dempsey Street, Clearwater, said there are no empty buildings With the exception of the flower shop. In his opinion there was never factory zoning on Lakeview Avenue; manufacturing was never allowed. He noted his petition in opposition which cited commercial trucks producing an unsafe condition for children on the street. He said the lots on Lakeveiw are 50 feet deep and would not allow building. He distrubutcd to the Board members photographs ofthe areas in the rear of commercial businesses. The Chairman noted for the record Dr. Eric and Nancy E. Burke submitted a letter in favor and a peiition signed by eight persons was subrriitted in opposition. , , . , '. '. ~ , " ':., " In the ensuing discussion and in response to concerns with the zoning pattern, Mr. Shuford explained if the intent was solely to protect the residences, the vote would be against the ordinance; if changes to the zoning district were desired which will reasonably balance the rights of the residential and non-residential property owners, the vote would be to support the ordinance. He promoted the ordinance as an oppo~nity and an incentive for the commercial property owners to .' ' " ' ,0,. P&Z Minute. 9 11/15/94 ~lL11 '. HT~ .~'1"l~~'~~~~~~~JS,--:JU~'.i,.t~.i;~.:.:-: H'f)'.~':~~ ~..~...."~>'-: '~~:r,~',~ .,.,)': At".' < .o'; 'l" C ..,.~ c,. ".'~ . c+ . :t ~ 'j'i' , : .. C '.~r: ::.~ . ~:~ /.:--: I :..~':".'i")1:,;ti~~;:(. ':: ~;:).~:',,,':,,:,~i:.: ',,:','.' .' . '" . " ,., ' ,~WJ.5t'~tlli1ti~\116\~{{~,~W~J~~i.*;},:,~i~>>i~~~4!;;~(;;~;;;:;.~~Jf:A~"i~.:~;.;;~',;x2~~'si~~,;::!j:;t,},;~.~:,:t.i~\;~~i~:.1~;~~~~~!0r~;;#~ff ~\:,,:,., ',:: <",'.' ,'" " .. ",' .,..,.,.." Hi'~.:..f'.'\J!~'~o/;r;7.::~lP',;),~~~~;..i(~f~j'~:-'rSMi~~~~"~~~~~'-[';ifA:4M~~r@~ . ~. '.'~ .~ l'~ . 'l ':' < ~ :.... ;.'. ., , . ..... C.'" ~ . .... I: '! t.. ~1..-::>:..' ;,C;':~~~~' f,.~.'i~;1 ,.\~.~~~l~~;i. ..pt.:-,>:c~. ~" .i....~:<.c .'cO ~," .1 t,W);.~':A:ii .... ..... ,; ..... .;,~'i' ...,;: :,.. . . .' . . '.:..' :., . '.. '. \ .'. I _' .."'.: I' . .' ',. '...;., ~.: .: '. , '. .' . . :. '. . .' . .'.',.. -, ".':' . .. . ~ t' . , ". .:. ". .. . . ..... ... .' ,... '. ~ "~'"....; , ~. . ~" : .. 1 i " . ~ .... .,..'i:", o improve their properties andt with the requirements of the Board and improved City development standards, improve the area to the benefit of the residential property owners. The Chairman agreed the ordinance would offer more control over development of properties and recommended endorsement. , " .~ ' ,..' :,"~ . , r'.' " ,';"l. . :. <.. . '. ' ~. ,-I'. .' . .-". \" ~ ~ v "~. ." ... I " : :~. . '., . ( '.' ::. , .,J'T .. ., .~;.~ l '::..:'. .> " . ~. . ':.,' " " \. .;.T', '. .'. . ~ ~. .' ':,0 ' ".1- Ns. NIXon gave a synopsis of the complex nature of area properties and zoning and suggested if the members have not had the opportunity to inspect the area that the item be tabled until they can first view this very unusual street. Mr. Keyes made a motion to recommend approval to the City Commission. Upon the vote being taken,. Chainnan Carassas, Mr. Keyes and Ms. Martin voted uayeu; Mr. Merriam, Mr. Bickerstaffe and Ms. Nixon voted "naY"t a tie vote (3-3) mandating the motion be denied. D.2. Notice of Change to the Park Place Development of Regional Impact. See Public Hearing Notice for legal description. ' Mr. Shuford presented the background of the application and presented. in writing. the. staff recommendations, indicating Park Place DR! was one of the earliest in the county. Although at that time major traffic improvements were required, there is no date certain for interconnection for Drew and Gulf to Bay through the developmentt adding the proposed change will address the issue. The applicant is also requesting the build out date be changed to the year 2000 and a wider range ofland use possibilities to provide flexibility. He called attention to a sheet in the meeting packet indicating changes, 'areas involved in the changes and the uses, adding the applicant ~i11 provide more detail. He noted the traffic engineers favorable report and said impact fees have been paid. , Clearwater Attorney Ed Armstrong, representing Stores Opthalmics and Building Operation Holding 'Company) owners of four parcels within the Park Place DRI said the applicants are requesting ,modifications to the development order which governs the development within the Park Place DR! 'the, substance of which are: 1) Modifying the phase of development to one phase with no sub. phases; 2) decreasing the amount of office development by approximately 7.500 sq. ft.~ 3) clearing " development entitlements allocated to each parcel of the development; 4) extend the buildout date , : to the year 2000; 5) have a conversion factor between office use. industrial development and multi- family residential use within the project; 6) delete and modify certain transportation improvements set forth in the original development order; 7) clarify internal transportation improvements with date certain. ,Mr. Armstrong indicated his engineer was present and has worked closely with City traffic . engineering,' adding staffis in concurrence with these modifications. He said the proposed traffic conversion will be as adequate as the original. Mr. Bickerstaffe made a motion to recommend endorsement as per staff. The motion was duly seconded and carried unanimously. P&Z MlriutCl 11/15194 . 10 ~.~ui1-1;J:':~l;~i:1w~tti~~Llt\~yt;~~~;;:~ii: UI;"~;~~~:~~:':~'t.;J.~;i~"~';~'~.A'~ f';'~~ ~{~:c':~;~. '.;..~.' ,~' ;",> , .\;~. ~ '~::c ..~. " :,' .,:" "~"'. "..:.L. ':~, ~:~'.:rT~: . ~,.' :~';: ' ;>_<: '.:<::~~~::.~' :S;~f-<~~'~~:~:~:.:;- ~.~~~r;:~m ;~;~I\:: >. I .,". :; .:>,:C.., '. . ". . . ~~~ll,.~t~T~fi~1ilS-}\N';t~Y~~~~l\t~~:'~~!~~{':~I~f':~':i~'~~:;~it.;\t~:~'~f; ;"~r~~~~..':"~'" ,\,~~ttw'f'\:i '~T'{'~.'4 ~;;',r~.:}.;:t:~~~~.0J\~t,~~,;~,,~ ~r'~~'~~'~:t;t"~~\~~(.~~Ak~~ 1'~;j,C..:" ~ ;...'. ,-... ,.I,j1.' .' . ." . ' < ~ : . , " ,.~"'":i~..r'\:i:,J,I-.(~!~,.B.t~~'~111r.(t".:.:Z~,,~t..;,;:~~ ~:/~q"':';~':. 11}1'~i;~"~;'lt1~'7f.4.1~:.rol~'1.-\(~~f:<:"'J;~~)~~'ItP;; . .c,~:'~'4' ~1.fJ:':;"':-$1:.~""!l{~' I~~' ,. < '" .. t, ',. ' ", " ',,' "~ . ,..V"' .~ >."'" ~', ~'rl. "':1;.'... ,h,,,,..~,.w,,"" 'C ..... -...,,~, , ,,1 ~:,'.>""'''. " " ',: ,,t.,; ',:,: ", ' , , - - .:,.,...~"d',",".<'..'}:.~j:". '~'l!ft?~"~'>7h~'{~~"~~ ,',..,:,I,~i(v'(~'\.,".!,~f,%' ~:~V~~~~;:::;;:;'j::;f~;,~;;t,:>',::,;::.,': ,~';: ...:;,:, :~':;,t)':. ,.,<:',,' . ;,':>, ,",' "" ."..~" '. '.. ' .". ".' ....',....~.~ ..\~'/i~ri ,f .'b~ .~~h'~,,~ ,,,.J~<~i.~~~'l,),,:~\,':~~~t..~,,:'; ',c , " "r~~''''''~,.: '." ~...'.':'." ~ ~'-".' f~:' . .- . ~. . o The following Chairman's items were considered: The Chainnan noted Calypso Bay is reopening as Calypso Bay Sports Bar and stressed the need to have the owner appear before the Board if anything at all affects their license. " " .,{~ :. , .!~~ " .~ / -~ . .,~: .'. " 'cO Following brief discussion, it was agreed the Board Christmas Party woutd be held at 11 :30 a.m. just prior to the December 13, 1994 meeting at Lenora's Restaurant, Best Western Sea Wake Inn. 691 Gulfview Boulevard South, Clearwater Beach~ and will be duly advertised by the City Clerk Department. The following Director's item was considered: . . ~ .' '.c 'c .... . ..';.....;. .' ~.;.:". . ":.'-\\ < The Board agreed that the presentation of the Municipal Services Complex by Dean Rowe Architects will be continued to an unspecified date. The following Board and StafT comments were considered: " , .. , ~<:i~~\r': .... . ~{:.:!-.';, :.~ , ,< ' c It was noted by Ms. Demarest that the Development Code of Adjustment Board recently agreed the indication of "ex~sedu relative to absences was not necessary in view of the fact that all absences are 'counted, excused or not. The Board agreed that indication of "excusedll was not necessary, " ., although members will still offer notification of absence, if possible. 4'... '.< .... .<:....~.~. ,=,: . . ~. '/. '., . .... . "', ' " , J,"', ", ' . "';Q J'...'" . . . :~:~> '~"'.' " , ,Ite~ D-I (Z 94-IOC& LUP 94-24) was briefly discussed and it was suggested the item be readdressed , ' ,to dete~ne a' compromise or revised plan. ~~:.:~:\~'.', '~'. . ,;-:",:",,"', " Mr.ShiJford said Board memberS' tour of Central Permitting Department will be scheduled after the .~, .. .' . '. ,. ,~:?/>,""",,', ' 'first of the year. ~~;",;:.::" :'. Mr, ShufOrd offered .to effect a suggested minor change to agenda numbering, :';'~;'i':':,';' ':: :' ' The Board wasreffiinded to bring Land Development Code books into the Clerk's office where staff ::,:f;~.:'-:' ,,:, :' " 'will go through the book to ensure that the most upMtoMdate supplements are included. 0'"/~>.C"" ,':,:, ' ,"'. " 1~:"';> :', : ,': ,There'being no further business, the meeting adjourned at 5:07 p.m. rg(~;' ,;'.: ,"...' ,:- 'j)! --rr /) .. ~~;~~~~"":'/.~,,::'>, ,: '8' '~S(Fh e,1/ d ~j- j r:J:.,:',',.., c', " cott Ulor ~ .~ ~~ "', ,.' \.. '. . '. . . . PC,~~:,:"> .':.."., " ,Central Pemutting Director . : .'; i;.~~:'~:~. .{ . ~ . '~~~?<D":":"': ".;:: ,c ',c ~' , ,2;:: "', .:: "". . '" I; ......f. . . ..:--- ~ :. . .... ,,' , ",' '';<. .' '. Y;>,::c,~,:.'. " . , .' P&Z Minutes ' 11 II/J5/94 . , . !t;:: .:,.... ;;'~<:..,,' , . i~. I' .,.~~~~~~ ~{~i~!.~~~~~:;,~t;P~~1::-~~<."'):I:~~:"'. :~".~~ ~.,i~~ '~:..~J:~.;~;~~ L '. . :"'~ ' , <. '" : ""~ ~ . :". ...~ ~ ,~. '~. . ...': :~ :.....:. I", ?'.; .~ ~Y.;::.,:, :~'.... ~:~::..I~r;" ;:~.~:~'. ;~: ~~\~~.. i:.:L;:;"' ;J" I ' r ~'~" : ,:., . ";,!. ..~ Ii., 'r, . l ~ ~ ~~~'tJilt~'M:~~~1.Z~~1Jl~:;~71'~~1~~~!~~~..;~f~.~~~.~;:'1:;~,~,ll~1~~I'~'j' :< ,. \~t -:~. ,,,,"'L~t:(~7"-*~;~t' ~ ~;\:~ ~~ ~:;.~ :.- ~...;';........ ,.J.;;ff;...~~r ~~~~ .r.~'.~-"n~" :~~(.~i~I~~;:::.:~~~~\i,~~}I~~.~!" ~~.......I.J,t;.... ,I...", ,'. ... .~..,~..."*'f>Jr..,.~~f'J~~"W,...,...,I'."".{..r:.:\{. Jt,I.t...~r'''''it-,.t''''' ._n":r.(~I"'''.o-''''i'I'''l''I' .~. ~. ilt'... .....',:,I,'d.~'-'F'"' .,I'},.,"'( ,'.;r"~j\.' ':';';"':>'1: (:.;:\;' '.-- :: " :: ,1,', " ',' ". " .,' ..' b", ...'.f~*:~"'1i.;,;,,. '~'fJ.ct.}:'f:J'CC""I\:t,,19,~.lH'l~" ~ti:1'ffl' T'1f;\'\" .,;~,~~~. ,,\,,~~~':~J~~;';';(""'l';'" i l ,1....'$'\).', I'. 1.- '.' '. .. J.. ' I . . . ..: """,.".1;, .,}. 'r;s,......~n..o:t~ ~'~-;-erl ~ 1': ~7:; ... ~ l~.:ft'~ll';t..., ~. ~... ~~; ~ .'If:Jtl'.' 'r.'./~t'<4'.,.rl,/'~..;: .....~ ........,~ .~ . "." , '. \ . ~ ,. f ~, .j.;. ~t.....'t: ~ .p J:~ t '~ f~: >~.~~j.~f~.t-:\'~-='..~ :Wilt: w~t~~'i;I~',:i~I/~;~':~<'.''':'::''';.:::',~,,:.',,;:~>i,:~~;:,~;,:'.':';,:, ,.,," ,,' :'..;~.<,',,: .. '.' " :',.'. .:", 'ft, "~~"~';.~',.$.':"",\' "'~"','," l.1-<:::t".,.,\':t.l..!I;i" , ,......" r'.. ." ''''''''''''' " >, '.... ' .. . ., ' !ttit'".~~ ~~. 4. 0..... '. '".. .,.