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CU93-74E
CU93-74E 900 OSCEOLA AVE ADVENTURE SEAWAY CORPORATION ti +,, ALLEN CriRF'RU~ALP7U'.~T HEN'S:' ~' 1 ~ 44~ 3~2'~ F'. ~~ 1 ~~~ Gu ~~-7y~ ~~~~ ~ CQNUXTIONAL ll PERMTT CLEARWATER BAY MARINE/ADVENTURE' SEAWAY -CORP. CAS E # CCU- 9 3~,4~~ The Empress Cruise Line has been a thorn in the. side of the community and the City of Clearwater since it first began, The owners and operators of the cruise and the .marina have made little effort to improve the community or meet the conditions agreed to with the city commission. They have intentionally disregarded the conditions and lied to all of us about their activities and reason`s for noncompliance. The parking plan submitted has at Teast a dozen unworkable areas in it including traffic flow crossing Osceola from the parkiing lot to an exit on Ft. Harrison, as if Osceola didn't exist. left turns onto F't. i~larrison with no traffic signal. Parking so close together that a car cannot back out of the space. No provision far bus parking and not including the employees in the total number of spaces required. Placing parking spaces in so called emergency exits. No provision for water runoff containment from the hundreds of cars before the water goes into the bay, and many other items that the engineer should know would not be workable. The employment of local residents has been inflated, most of the cruise employees had licenses tags from Nevada, NJ, and other states where casinos are operating. The cruise has taken money from local employees by taking business from our own boating and recreational establishments such as the beach community. The employees of the cruise have added little to the community except extra traffic, trash, and requiring the other businesses to protect their property. from the employees with additional fences, signs and regulations for their own employees and customers. The noise from the generator is a continuous whine while the boat is in port and pollutes the air along with the exhaust from. the cars and buses. There was to be adequate shore power for the boat so the generator would not .be used in port. The buses were to be parked at a remote location. The prop wash from the boat maneuvering has caused silt to fill the marina, the Intracoastal channel, the Seminole ramp channel and the grass flats north and west of the marina. Some areas that were 5 feet deep are no longer passable and the marina. is trying to hold the city responsible for the dredging because of runoff from a storm sewer. H L L t I'{ : • 1_ Fi F :~ f-' F•: IJ .' 1--1 L I'{ U ~: ~ H ~ H ~v~ ~ S ~. ~ ~ _ ~ ._. ~ _ F' ~ ~~ ~3 i "~~`+. p 11. ~'• .. ,6 ... 9F' ~ ; ~ r ~ R- y ,,p-W • .•f. ~ f ~f' ~ ;. sr s~ R i s t , Tfte owner'of the cruiseline and the marina have created a problem that did nat exist nor was there any hardship caused by anyone other than the owners themselves. They all knew the Situation a.t the marina before it was purchased and the cruise boat arrived. Officials at the city as well as others told all concerned that the area was not suitable. The city has spent thousands of dollars on these requests and received only a portion of the impact fee that was owed. There is no provision for any further income or benefit to the city from the operation. The port charges have never gone to the city and have been explained as expenses of the landside operation rather than a fee charged by the city as was implied by the cruiseline. We know of no other business that has been allowed to operate without first meeting the conditions of the city. The cruise has operated almost a year while ignoring the conditions of the use permit and deliberately delaying the improvements as originally agreed. It appears that they are testing the market before making further improvements. Making excuses to the city is giving them more time to operate without investing the necessary funds. Everyone has been patient and gone far enough, the cruise boat from the Clearwater Bay Marina should be discontinued immediately before more damage is done. Clearwater Harbor Citizens Eric S. Berke, Ph.D.,M.D.,P.A. 925-B Lakeview Rd. Clearwater, FL 34Ei 16 November 10, 1 c194 City of Clearwater Plaranirag & Zoning Board P.O. Box 4748 Clearwater, FL 34618-4748 To Whom It May Concern: We are writing in reference i:o the pro osed change in ~om~~ for the area located on the south side of Lak vi w Rd. between. the CRX rail line and Ewing Ave. We own lots 7 - 12, Fart A: Lake Belleview Addition. We are in favor of the proposed changes LUP: From Residential Office to Commercial General and ZONE: From OL to CI. We will by to be at the -r~eeting on 1 1 / 15/94 to express our approval but we want to be sure in any event that our preference is known to the Board. Yours- truly ~ ,~ ~ ~ ~ ~~ 'f Dr. Eric anc~/~Vancy E. Berke i ,,;. ~.~;~`~~~• Nov ~ ~ i99~t +~~'~~ ~rr:p,liC;".!.. !`'::iii"iii-.~.~r\~C ~, y SUBSTITUTE AND ADDITIONAL CONDITIONS REGARDING CLEARWATER BAY MARINEWAY/ADVENTURE SEAV1%AY CORP-/TANDBERG SUBSTITUTE CONDITIONS 5. The applicant shall complete all proposed site work within 90 days after City Commission approval of the alcoholic beverage separation variance, provided, however, that construction of the walls required by these conditions to be erected shall be completed within 30 days after such approval. 6. There shall be a six month trial period to determine whether A. The site design, traffic routing, and proposed parking lot management techniques are effective in handling traffic generated by the use. B. The hours of operation and other conditions designed to minimize sound and visual impact are effective in doing so. 8. The cruise ship shall be berthed by 11:00 p.m. on Friday and Saturday nights and by 10:00 p.m. on all other nights, except New Year's Eve and the Fourth of July when the ship shall be berthed by 2:00 a.m. The facility shall cease all operations within one hour after the day's final ship berthing. 9. All in-bound cruises shall discontinue aJJ, entertainment activities at or prior to arrival at the Memorial Causeway bridge. 10. The applicant shall erect an eight foot tall brick or painted and stuccoed concrete block wall along the north side of the property adjacent to the Morgan property and along the ten foot setback from the north property line of the Allen property, beginning 15 feet east of the east line of the Allen's building and extending west 10 feet past the existing corner and south 10 feet along the 10 foot setback line to the west of the Allen's property line . 13. Site lighting shall be directed downwards and away from all adjoining properties. Recently installed site lighting that fails to comply with this requirement shall be replaced or otherwise brought into compliance with this condition. ,:,~ ADDITIONAL CONDITIONS 15. Parking on site shall be provided only in the currently designated cruise ship spaces and cruise ship related traffic may exit the property only through the gated Seminole Street entrance. 16. The cruise ship shall be enclosed and all entertainment shall occur within the enclosed space of the cruise ship while in the marina. 17. 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 with navigational necessity. 24071 /mme =115) s~.tt,UJ ,~I'in~.h-~ -~ G ~,~r~~ JAN-02-1994 2238 FROM SEA TOW CLEAR~JATER T~7 821282 P.01 a _ 1'1610' J"'1d~~ ~#~~`[~~tg ffi~ Q@Fx1° ~- :~. ~ _ ~ 1~~~ ~'~~~~~o~~~ ~~~~ ra: ~~~ ,~ ~ ~,~~ Date ~ . ~ ,~ From: ~ ~ ~~~ Rtum~er of Streets (lriclucti-~g Cavern l /y-9~ .~ Alote: if ~!! Pag+es iUat I~ceide~l, Contact ws at (893)9~~-6'20 *!kd# ~itine ~t9t*sw~#fkiF*k~*~~!! ir~~R**~lstylFll~k~k~k3yeleye'Rlt~aa9!'R~~k ~t~a9!'irA#+kri~t9telr'4'~R"RRxtlPtt~ ~~l u ~~l!~Cf~ ~VL~J~ ~~ ~i5 V ~g L~~~U ~V[Stf ~~VII B ~ .TRhd-02-1994 22 38 FROM SEA TOW ~LEARWRTER TO 8216252 P.02 ~L~E~dT AG~EE~iE~T -FLORIDA SEA SPILL GON7RAC7CR Sea Spill Services ~"~ ~A ~.-wA ~J~. , a d/b/a of ~ +~ ~ ~ "rwinr' , inc. a Florida Corporation with offices ~ _ ._~13 wroo~Lt~ "i`~'G .e~i~' .S N I ~ C~ ,1~,a~.at.~1r. J~~-_ '3~6 9 ~' arld twenty-four hac,r telephone service at ,S'/3-~~~~-~G+~ ~~ s~3-~~~-y~9a , a Licensee of Sea Spill South, Inc., a Florida Corporation, with principal offices at 389 4th Street r-tarth, Suite 4pG, St. Petersburg, FI. 5~7~7~, a Licensee of Sea Spill Services International, inc., a New York Corpora#ion, with principal ©ffces at Main Road Route 25, Southold, New York 11971 ~A11 of the above together °Sea Spiii Contractor"j, and, TERM1l~~~,. iC~L.iTY ~t~A7e'.+2 ~~4~ ~~~~ ~tl,4f~ aff+ices located at c a ~1-t)i~'f+l:~~ corporation with ~o~.,~ ~'v~NU~. ~~,~; ~ ,and facility located at ~~-i39 ~ A~ tip _ ("Terminal facility"j. ~ ~R~~r_~~>t~_~s ~a~aws 1lVHEth1F.AS, Sea Spill Ccntraotor has expertise in pravidirrg sentices sought by ~T$rrrtir:al Facflity as required under Chapter 376 of Florida Statutes; and WHERSAS, Terminal t=gcitity seeks to utiH~e the services or 5sa Spilt ContraCtar to pravkie boom deployment vs~tltin one hour of rrotir~atiQn and such other services as $ea Spill Contractor r»ay iat+vt~rlly provide ('the &ervices'~; 1i10w,'fftEREFt~HE, for ~hd in conskieratiorr oitha covenants and condi[ians contained herein ar~d other good and valuable cc~ttsideratian the receipt mnd sufficiency of which is hereby ~rcknav~ledgad, tT iS /16REED: I;~NGAGEMENT AML7. DUi`!ES i.1 poring the term of this Agreement, Sea Spill Contractor shall provide the Services under tl~ Operation Plan set iorttj herein al 7erminaet Facility set forth aEr~ve. - 1 - 1 2.1 Sea Spin Contractor shalt have a minimum containment equipment measuring .5(~ ~ feet, oamp~tted as fire times fdC~ ~ {the length, in feet, of the largest vassal docking at or providing servioos from Terminal Facility}. i ~ Length t~f largest vessel _/~ X 5 = .5~~ feet of containment lsaem 22 Upon Termmel Faci(i~ty's detection of a discharge at pollutants within the dvmaM of its fiacility fisted above, Terminal Facitrty shall immediately comply with applicable Federsxl, State and L.oca! laws and regulations as well as r~s awn contingency plan. Included in said plan sttal! be rsatificatic~n of Sea Spin Contractor. Said notification shall include the Specific location of the discharge; approxhtiate time l; occurred; the nature (kind} of the pollutant, if known; appraxlmate amount of poliutarit discharged; and wh$ther the discharge is ongoing. 2,S Sea Spill Contractor shall take all reasarrabiy necessary steps to respond to the discharge and begin deptayrrrent of ~ containment equipment within cue hour Qf the receipt of notice from Terminal Facility. Ther+eatker, Sea Spill Gantractor shat( remain on scene with fts deployment equipment ht place until the discharge is cleaned-up or otherwise dispersed. Sea Spill Contractor shall interface with the U.S. Coast Guard and ath+~t govemrrtental entities as may be required. 2.4 The parties acknowledge that it is passible for a discharge of pollutants to occur during periods of tithe when Terminai Facil~y's peraonnel are not present at the facility. poring such times, a report of discharge maybe made by persons unknown. Ses Spill Contractor is hereby expressly granted permission to enter the facility's property to investigate such reports and to take appre~priate action. ~.5 for the then current tees charged by Sea Spll Contractor for such services, ii requested, Sea Spill Contractor wtll provide expert and/or tactual testirnany et pretrial and/or trial proceedings. ~.ti Far Terminal >Fa+~iiilies staring iQ,00p gallon$ of diesel fuel or ¢+-er. Sea 5pi11 Contractor shall lake al! reasana6le steps to respond within a reasanabie time (defined by Statute to be four hours) with the additional equipment required by FAC f~N-1B to cleanups 10,Ot]a gallon spill. These actions may require Terminal Facility employing the services of a State approved Cafagory Two discharge cleanup contractor. ~,7 It necessary, Sea Spilt Contractor will assist Terming! Facility in sect,ring additional clean-up contractors tar the discharge. FEES 8.1 As a yearly non-refundable retainer tree far provision of the Services under the t~peration Plan, Terminal Facility shall pay upon execution of this Agreement the sum of $ /r~C'~, ~,tp -- ~ 'fc, aj C~l/~-~ ~ ~~yC /~G r~t11 ~l~e~dolla ~!~ ,~r~ra~-~ ~~ lz~. ter. . S.2 Terming! Facility shall also pay the applicat5te fees and charges contained in the Frice Schedule $ttgeahed hereto and lncvrpvrated herein as amended from time to tirrre by Sea Spil! Contractor. - 2 JRN-02-1994 22 39 FROM 5EA TDW CLEARWRTER TO 8216282 P.03 3.3 invoices detailing aD charges sha0 tae submmed to Termir-at Faciiiity Mart$ger once a week or upon comgtetian of the Services, whichever occurs first, Unless other arrangements are made and agreed to In writing by Sea Spin Contractor, Terminal Facility, the 17ischargar and its insurance carrier, invoices shall be due and payable upon receipt, Arty unpaid balances sha11 draw interest at the lesser of one and one- halt (1 1r2~j per month or the highest rate aiiawed by law commencing thirty (3Uj days aRer date nt invoice. All invoices not contested in writing withinten (1{1} business days of receipt are deern~ad acce}ated by T¢rminai Facility as true and accurate and are payable in full. ~~M QF AGFiEEMEriIT 4,1 This Agreemen#shaliaamm$ncea~n ~,1Ntr+{ /c7 ,199 ~~ andshaptentrinate nn ,ice /K !!J „_,199 `1~. Nowev~et, Terminai Facililjr shalt have the option to renew this Agreemen pan the same terms aril conditions, w~h the exception ac Price Schedule(which may be changed by a thirty (3Qj day prior written notice from Sea Spilt Contractor to Terminal Facility), contained herein, for an additiana! lour (4) consecutive one (iy year periods, provided that Terminal Facility provides written notice oc its eiectiion to renew pricy tQ the anniversary of the Agreement. Payment ol'the yearly fee troy e+~ch year ac the additional periods shag be paid upon invoice. UNiITATION DF LIABILITY S.1 Neither Terminal Faci~ty nor Sea Spill Contractor are responsible coy acts of Gad, poor vreather of sea condilbns, ar untvrese¢n circumstances that tray interfere with +ar prevent ¢i<her parties' performance hereunder, 5.~ 1"h¢ pmvidirtg oS servic¢ and assistance hereunder are performed and liat}ility governed by the National Contingency Dian, 33 U.S.C. Sec. 1321{cj(4j and Florida Statute 376.09 44) and (5j. 5.3 Notwithstanding iRaragraph 5.2, shove, Terminal l"acitiiy understands that tar the compensation herein provided, Sea Spiif Contractor carmat expose itself is contractual liabilities disproportionate to the nature and scop¢ of the compensation payable to Sea Sp~l Contractor under this Agreement. Therefore, except for circumstances caused by gross negligence or the willful misconduct of Sea Spill Catrtractgr, l'~abRfty or claims for damages levied against Sea Sp~f t:.orrtractor by Terminal Facility, nr any other person, Tirm, carporatian, or governmental entity based on contract ar breach at warranty, processional negligence (including errors, omissiorra, ar ether professinnat sots). or Qthennrise, including claims against Sea Spill Contractor, its directors, o8~cera, employees, associates, agents, affiliates, licensees, pmlessional associates and cansuitarrta shad be limited to the greater of (i) the firm ac Sea Spiii Catrtractar's insurance coverage; or ¢] the amount of Sea Spi#I roniractor's total compensation on the affected discharge response less amounts paid to its independent pnxfessional associates, contractors and consultants. 5.4 In no event shaiE Sea 5pili Contractor be responsibta for any special, Incidental, indirect or consequential damages (including loss of protrtsj, incurred by Terminal Facility as a result oc Sea Spill Glontractor''s performance or nonpertormanee of the Services. 5.5 life act of Sea Spin Carrtractar providrng expert and~ar factuml testimony rat pretrial and/or trial proceedings does trot carrstitute indemrtfieation thereon or sn agreement by Sea Spill Contractor to pay of assist in the payment oc any tares, legal tees, costs, other expenses of arty kind or nature that may be associated with or incurred es a direct car ifidirecf. tesuii M the discharge ar the providing of the cervices M response thereto. - 3 - JAN-02-1994 22 39 FROM SEA TDW CLEARWATER TO 8216282 P.04 5.6 The act of providing referral recammendatioris tr~Terminal Facility lay Sea Sp11 Cantractotof clean- up ccntractor(sy ar other cotriractQr(sj, if necessary, shall trot constitute a warranty of performance of said contractor{sy ar an indemn#fx~ation for stay actions, lK any, of said contractor(s~ by Sea Spill tAantractor. "the parties understand that Sea Spill Contractor assumes no respansibitity and assumes no liability for the actions or non-actions of parties tint in its direct employment or control. 5.7 Terminal Facility shaft indemnify and hdd harmless Sea Spill Contractor from arty and elf clah~ns, liabilities, costs rrr damages of every nature and kind associated in any way tivith the rentovai, storage and disposal of the discharged poAutants. MtSCELLAhtEDUS 6.1 This Agreerrterrt shah be governed by and interpreted in accordance with the taws of the State ,et Fbrida. 6.2 Sea Spill Contractor's relationship with Terminal 1=aciltty is as an independent contractor and Terminal Facility shall not w~hhold any sums, including taxes or Social Security payments from any amount due or paid hereunder. 6.8 The parties acknowledge that performance under this Agreement witl itwalve the use and disciasure of each other's confidential itrbrrriation and know how. For Sea Spilt Contractor, this shall include the tnethads, use and type of containment equipment, as wet! as the provision of same services hereunder. The parties agree not to use or disclose ro anyone each other's corrfidentiai in#onnation so made icnowrt in writing to the other party. Either parties obfigatians hereunder shalt not apply: {1y to intarrt~tion in the public domain rrr lawfully acquired an a non-corrfidentiat basis irom others; (~ when required to divulge the information in Crrder to comply with professional standards Qf conduct for the preservaRlrsn of the public health, safety and welfare; {,~y when required to divulge the informatbn in order to comply with any court order, other governmental directive; (4} when necessary for the protectoon of either party. fts a~cers and~or employees against claim or liabilities arising tram performance of service under this Agreement; andlor {5j when it is necessary for the performance of services under the Agreement. B.4 TerrninatFacility recognrzesand acknowiedgesthat Sea Spill, the words and logos. are trademarks owned by Bea Spin Services International, loc. and licensed to Sea Spit Ccxriractc~r, and shalt not use the sarr-e or colorable imitations of these marks +m'thaut the prior written permission of Sea Spilt 6ervtces Internatianat, tnc.. BS This Agreement may not r>e assigned by ether of the parties hereto without the other's prior written consent. B.t: Ifany provision ofthis Agreement is itwafid orinoperativg under law, the temairriny provisions snail contini,ra ~ full farce and eftsc#. t3.'i~ This 1~reemertt contains the entire agreement between the parties cancerning thi3 subject matter hereof. and supersedes any and alt previous agreements they rosy have made, whether oral ar in writing. 6.8 In the event ~ ~ necessary tv enforce this Agreement, the prQValling party shad be errtittsd to recover Trntri the non-prevailing party, alt costs of any action including, without Timitation, reasonable attomey~ kes, court costs sort costs of appeal. y 4 - JAN-02-1994 22~4a FROM 5EA TO~J CLEARWATER TO 8216282 P.05 ~.S The provisions of the Staridatd Terrr~ and Conditions and the Price Schcduie are attached hereto as Exhibits 'A"and "B" rospectiveiyr and ere ir~orparated trerefn by reference. 6.1t} Each of the signatories hereto hereby represents anci wa-rants that heJshe has read this AgrQement, understand the terms thereat, and has authority to tyind the principai for whom they are signing.' IM W17NESS WHERE~F~ the parties herata have exetruted this Agreement ort the dates set forth below, Terrxtinal Faciifty Date: ~' ~ ~ ~~ ...~ f ~ ~ ,~ By; ~ ..~ Sea Spili Contractor Date: ~ !'~ ~y: ~ - . ~: ,~,~ ~ 'tievTara a~ _~~ J~iN-02-1994 22 40 FROM SEA TDW CLEARWATER TO 8215282 P.05 F~tCtLlTlt t~F~R{ViC~1TlO-d r-.. FACILfTY f~1AME Clearwater $ay Marine ~iVays, Ina STREET ADQRf 900 North. t~soeola Avenue CITY COUNTY STATE ZIP Clearwater Pinellas Florida 34615 MAILING aDQRESS P.O. Box 1880 CITY COUNTY STATE Zlf~ Clearwater Pinellas Florida 34617 LAi'iTUaE A tQNGrriIQE 27° 58' 26" N. Lat. 082° 48' 10" W. I~anB. I~ttOHE IiIIRYtBER(B) 1JU3R. (OASce, Hf S Dry, Mari'ns, Ships SroSra. GaNufar, exec.] Main Glffice: 813.443 - 3207 Fuel Dock: 813 -443 - 7449 Main (7~oe: $13 - 442 -9376 FA?~: 813 -443 - 3349 RADI~- FRECtUErIC1ES Itlsc~>MiTGREOr None FACILrrY OWNER Ef4~fic;;ENGY PHONE G7earwater Bay Marine Ways, Iaa Msr Barbara Werder, V.F. 81,3 - 531- 7568 I~HameJ~ MAILING ADDRESS P.O. Boy 183a CfrY COUNTY STATE ZIP Qearwater Fi>nellal, Florida 3461? FACetmr MANAGER {rx~ tole} A+ir. Ralph Roten, Service Manager Home: 813 -447 -4065 ALTERNATE MANAGER ¢'a~son in clmrge during taellty mm~agers et~sence] Ms. Barbara Werder, Vice President Home: 813 - 531- 7568 HALING AUDRES$ (K difforanttmmfacllfe~address] CITY C(3UNTY STATE SIP Size in J4q'SS 7 Ship's Stole ~O Number of Weer Saps Ship's Yard Depth of Vlrater at Wet 8iips 4 ~ _ 6 ~ YacM Sates LongesV. Vessel l0.cxommodatt3d 65 ~ ReYstauraretJE~ar i Hi ~ Dry Gapa~ty 42 Fuei 1 JAIL-02-1994 22 41 FROM 5ER TOW CLEARWATER TO t~~ICILlIIf IiVFOR~ATIC1l~ -, ,~-~ ~~ s•469 ~ t . ~,` ~yrr ~ AYf '~ Ei ~rpi ~ ~ K }~ 4„`fxk ~L :~' i~~ } _ >.2i ,+l~i, , .+,~+ ,A:t,..v.....J„sue .,.n,.ri.-}.7 t' w:, ~ - x .~hu -. -fin 8216282 P.07 AMMONEA HEAVY t31E.:3 ASPHALT LUKE 01LS 2C1 gailans CHWRINE: P~$TICIDES CIESEI. ~ 2,00(1 gallons WA$TE GILS ~ BSI? gallons GASOLINE` 4,OOQ gallons TANK LOCATIONS Above ~` ~O1Nn~°~ Below ONSHORE TAN16 70 VF.&SELS I Y ONSPK~RE TRUCKS (RA{LCARSy TO V~SELS es NO YESSEL£ TCi oNSFtORETANkS NO YFSSELS TO ONSHOfiE TRUCKS [RAiLlCARS) ~~ Y!N BETWEtTI TANK4, TRUCKS 8, MILCAR$ Y S (}T!!>rR [OESCRIRE~ ~~w ~ F.~.~'b'2~~~~~~ri# ^'Gt~}~ °~`~..Ri " e`rFn~~d~.~~t6. ~l`~. ?~i~ 'r> ylf ~. `>.r.. 4~d::. ~8 ~2s.. "' ~ : n. ~.Mr. Ss ~ ~71~. Y, _ .y,~ 3"Xc.:.cxk.r. t..c:. The terminal facility is located crn file eastern shore of Clearwater Harbor an the intracxtastal waterway. The marina. is a manmade Dove whit a 1U0 foot opening 4n the western end. The fuel dock is at the southwestern end of the facility. There are 4 dispensers; 2 gasoline and 2 diesel. The water depth at the duck is appra~mately S feet. Around the facility is a fully developed residential and light commercial area. It is all seawalled. The longest vessel ac'canunadated s's fiS feet Far security, a new fence is being installed arn~md the marina. A visual detection of an unscheduled discharge of paIIutants is most likely. 2 JAN-02-1994 2242 FROM SEA TOW ~LEARWATER TO 8216282 P.08 ~RI~.L. RE~i~t~IbSE OFFICER CHEG~CL1aT ~~ ~~Al~TIFi~ATIOht ,.-.. ~~. Upon taeiltig rrotifieci of a discharge and alrirring cacti the scene, the spill response Officer should d,~ternrirle that all required patties have been notified. Mr. Ralph Rcrtvn, Service Manager AGILITY MANAGER (IF dli~ant tram ahe~yp~ Ms. Barbara Wender, Vice Presiden# 813 -447 -4065 Hon .MER6ENCY PHONE NUMBEF2 813 - 531- 7568 {Hon MERGENGY PRONE NUMBEF# SPILL RESPONSE CvNTRACTQR EMERGENCY PHONE lIUMBER Sea Spill Services -Clearwater 736 - 6~6U U.S. CQAST GUAitD ~ EMERt3ENlr5' PHONE NLIMBEIZ National Response Center 80Q - 424 -$802 STATE WARNING i'oINT EIYIERGENCY PIiDNE NUMBER ;~ta3trr W$rIIIAg POl12f ~(~} -488 - ~,~~ MARINE SAFETY OFFICER RAiatO FREQiIENCIES EMERGENCY PHONE NUIuli3ER U. S. Coast Guard ,Tampa VHF 16 813 -228 - 2189 FLaRIRA MARINE PATRflL EMERGENCY PHDtJE NuM6€R Florida Marine Pata~] - Tampa 272 -253,6 iYIUNIGIPAL SEYIIER DISTRICT EMERGENCY PHONE NUMBER city of Clearwater Public Works Department 462 -6633 OTIiER EMERGENCY RiiONE NUMBER '~ ' '~': ., ......,'. ,. ~?w ~.: .. .. ,.. fix... ~ .... ~. JAN-02-1994 z2~42 FROM SER TOW CLERRbJATER TO B216~B2 P.09 t~RG~P~IIa'AT10i~ P~RSO~d~EL ~~FORil~~4TIOF~ ,_ The terminal facility ovmsr ar operator steal! provide fcrr the annual spill response trainir~ of Ill terminal facility personnel who are iderltifisd in the spill contingency plan by name, tine or position as having duties or responsib'rfities for response in the evQnt of a discharge, In addition, said owner ar operator shall insure that all such terminal faality discharge response personnel have reviewed the faality's spit! contingency plan on an annual t~asis ar when significant changes ar revisions have been made io the plan_ FIRST RESPONDER AWARENESS LEVEL. l"arst respc-nders s# the awareness level one individuals who are likely to witness or discover a hazantous substance r~eiease and who have freer trained to initiate an emergency response Sequence by ttatifyirrg the proper authorities of the release. FIRST RESPONDER tlPERATION LEVEL. Frst rasporMers at the operations level era individuals who respond to releases or potential releases of hazardous substances as part of the initial response to the site far the purpose of protec4ng nearby persons, property, or the environment from the effects of the release. This level nequir~es at feast 8 hours of training, HAZARDOUS MATEl;`IALS TEGHNtC1AN. Ha~tr#ous merterrals technicians are individuals who iesportd to releases yr potential releases for the purpose of stopping the reteas^e. They shall bare received at feast 24 hours of training. HAZARDOUS MATERIALS SPECIALtSl'. Hazardous materials speaalists are individuals who respond wtttr and provide support to hazardous materials technicians.'fftey shall have received at least 24 hours of training. QN SGENE INGIDEMT CQMMANDER. incident commanders, who anal assume control of the incident scene oeyono ins rlrsc r~espottdear awareness level, Shalt receive ai least 24 hours of training •- ~ r,. NAAAE ~. °r naTE or: t>a~ of i'RAININC~ 7i7AINING PN11H REVIEW lt~r. Ralph Raton First Rasp, Awareness August 18,199 4 DESCRIPTION of ~auiP{4~ENt 1 ow srrE ~oca~ioN fem. .r1 Smalt Tools Service hard JAN-02-1994 22 43 FROM SEA TOW CLEAR4JATER TO 8216282 F. 11 SPILL RESPl~f~BE DEPLt]Y~tiEE~T PS~aICEDURES .~ • "<p. ..t .~. L7' ~ ~ ~ r y ", $ w : B .F sµ wa -a y:j `c.. y~ ~ .v.va ! ~~ ~ v J ,< ~~. ;x.; ~~ ;c's) ' lea _ t~"< F )ti~ F li~v~.i:`4:'W T:~~~}). _~r~' ~ ~~ `~ `} i~~•~'f'~rS'k?j.:'~~ S ,~.,, In the space below, identify the prooedur~es #or company personnel fo respond irtif4ally within one hour of discovery of a spill, teak ar discharge of pallutarrts at the raatity py deploying boom. The plan must be specific as io #tre exact location of the boom for all tidal and wind conditions. Identify response teams by name or position and the actions to be taken by each team member. Any person detecting the discharge of pollutants shall immediately evacuate the area. Amer ensuring to the safety of others, they shall activate the First Responder Quick Call List. The facility spill response oi'ficer will ensure that all the proper authorities have been notified. Using the materials on hand, the spill response officer will ,direct available perst~nnel to assist in the deployment of equipment and corrective actions in order to mitigate damage. Sea SpiI1 will respond by both land and wager to a spill of pollutants at the fa+~ility. There is a small boat launching ramp adjacent bo the facility. The obvious first response to a spill of pollutants at the facility is to close the marina entrance. This will require about 12S feet of boom, two men and a small boat. 'T'here are also storm sewer drainage culverts at the south- eastern end of the fap7ity. Wind is a bigger factor on the movement of pollutants than tides at the facility. If pollutants should escape into Clearwater Harbor, teardrop techniques will have to be employed to attempt to recover the material. Recovered pollutants and used sorbent materials can be temporarily stared at the marina's parking lot. The area immediately surrounding the facility is ail seawalIed. However, to the north approacimately 3 miles is Caladesi Island State Park, which is an etn+iromnerlttrliy sensitive area. Manatee are alrr~ast never $een at the facility. JRM-@2-1994 22 44 FROM SER TOW CLEARLJRTER TO 8215282 P. 12 ' O~~ SITE ~PILI~ RESPOf~SE RESOURCES bESCRiPTIDN OF E4UIPMENT RlsBPONSE TIME State of ~.oti+3a t~ategory Two Discharge Cleanup Organization 2:00 hr COMAANY (CONTACT) NAME PHONE NUMBER Divers~ed Environmental Services, Inc. 248 - 37,56 pE3CRipTIOt~j OF Ei'~UIisARENT RESPONSE TIME State of Florida +~'ategory Two Discharge Cleanup Qrganization 2:00 hr CK?MPANIf (CONTACTy NAME PHONE NUMBER Osprey Environmental Response, Inc. 621- SU90 ~~ DESGRIPTIOI+i OF EQUiPIYtENT RE:3PON$E TIME GOIuiPANY (CONTaCf~ NAME PHONE NUMBER P # tderltity spill r~ec~onery equipment and systems Brv>3ileble Idcatiy and the lacatioa >af a reao-rery site. OESClfiil='fION OF EQUIPiY~NT RESPONSE TIME G~anes~ tugs and krarges 3:t70 hr COMPANY (CONTACT) NAME t'HONE NUMBER Ress Marine C~rnstruction, Ir,7c. 7$4 _ X07 LOCATIQN CAF ASSIGNED SPILL REGOIIERY SITE As directed by the On Scene Commander ~, I)ESCRiPT10Ft OF EgUIPMENT RESPONSE TIME Heavy earth rn+dving equipment - Falcavati»g 3:00 hr CQMPANY (CONTACT) NAIuIE PHONE NUrMieER Caladesi Cvnstructiam Co. - Mr. Mike Hinricks 3~1- U143 LtlCATION of ASSIGNED SPILL RECGhIERY BITE ~1s directed hY the On Scene Commander 7 'ITIe spilt t~esponse officer may call upon outside resauroes as necessary to meet legs( requineme'rrts for disdiar~e aril c#eortup of potlutarlts. JAN-02-199! 22 44 FROM SEA TOW CLEARWATER TO ~~L w ~~ay . ~ ~ ~~~ ,~, .~ '~ ~ Q ~ o ~ s- ~~~rvic ' ~ ° ~,'°~ ~ ~ ~ ~ $*~ ~ a ~ ~ w v.~ ~- ~ta~~• as ~ ~, Q ~ ~ ~ ~~ ~ p ~~ j ~ ~ ~ ~ ~ I ..~ . ~ '~ ~ F p L o rte.. ~ ~ ••~i~ j ~ ~' b ~ ~ "~ V ~ ~~ _ r ~ Q ~~ ~ qr a ~ ~ ~~ i ~' ~ f ,~„ ',, } ~: ~a 8216282 P. 13 R ~~~ ~~ ~~ ~d ~~ ~" ~ ~ ~~ r • ~ ~ ~ ~ t r ?~ ~ ~ M t 7 ° A ~ ~' ~ ~ ~ ~V ,: 4 +~ ~ ? ~ ~ b ~ y ~ ~P ,1 b ~ ar ~ rye ;~ 4 ~ y y ~: ~ ~~ ~ ~ .-. ~ ' - f 7 r u c c~ C w t. .- v~ G i.41 C u ~ ,- •a L a c ,v 4? ar •y JAN-02-1994 22 4S FROM SER TOW CLEARWATER TO 62162B2 P.14 ~,-~ ,--~ :,~-. - r 50' 26~----.. .. -- -~J wwret.~rrw •r.a vecn~,L a r -0T30" a24 r t - - - ' i; -- - ~ _ Aura} ~ t •' -~ ~' - - • •; " ,tires t -.y: ;•: F~.W~~.•~ ~~r~-~-~~-~-a-~-..u-~- ~]:' ~ I y~., <~ 3 ~~. 4 ~' d 111. - ti ~ ~'~~i, R ~" ----7 .[ rhC`' uNNS9DaLt 6b . i V R C ~ }' ~ ~pQ~e V T .l ~ J i~ • ~t Fr ~ ~ BM y. ~ ~ ~° L - . t ~ ' Perkr .. r .~ r~ . _ ~ r-. ~ ~ '~ RS . Ste•ef~ _ ~ ~ ~~~ - ~ ?i `~ J ~Llfiht r• O .. ~.14• '~. ~N~ •. ~ ' ~ ~: I, g 8p` - d -~~' it ~ ~', §'.' ~ . t. M ors ~ " ,~ I t. ^ < ~ g 1 ~ -~UR 531 ~•;' ' ~8 ~learwster Beach.: "~ •-- 1 x ~ ~ k/ %: a, -,~~~-~~ . ~ ~. r S I' '~~ _ ~ ' ~ ~'\ '. ~ ; ~~ .' e::'~':: Light 7 - - L I ~ ~_~~45°~~-~: __ ~ f ` •~, ,~ 'bad: 4 ~ L~€ 3tedrom.-, I C® l: Q ~ ~ O °' R t11~ S lNtlL rr•~L~ ~ _ 'T_ ' ~ P ~ , ~ 4 ~ti ~ c ~1. Cti~vrattre BeBCh ~~ ': ~ - ._ '~ `I 'Park ~~ III r ~: .. ^~ I -- ~.=- ° Muliel~ n i. i 1 ~`~ hey Liazht'e ' c ` - \~ ! + '•~ . ~ l ~~.ei-'` . • : `=~`:-:^'s ~~ is • i, ; ~'~'• ~ r Ti~gl Li;ht Qt " ~`'~,.t + "~ `s •' •- •' i c",~ dice t 1~~.~ .11 V~ . fat' ti~~_ _ ~ ~.' ~ ~ J ., f' ' "~ - Cde ~ u.ter Pe~~s-- L~~t~1 `~ ~, '~t3a;r, owes ssa":' ~4! • ~• I `~' iJ~/ (WTANI r __ c - ~~ ~ !~ { z ~j( s 1c, Light '• ~~,- 6 ~t~t:'~~..>;Btt" J// ~tia`?: •n• ~ W-i118 •l .~~ ~' r op .ti E~ f a j~ lii~ ~/ LOTUS PATH ip _c _ ~ ::. ~,i/~- f•V ~/J ((_, •?;.'-. .i CORa ~_> S ~_ ~CiFm..GEm ~ Qr~ i ~7 ` . ~ C ~ .r .~~~'.~ ••7-~•r rte, ~ ~~.~ t:i ._. r~~~~' JRt~02-1994 22 46 FROM SEA T01,~ CLEPRWATER TO 82162 P. 15 . • 1=fRST RESPONDER ~~f1f~1REf~~S~S ,G,UIGaC GILL LIST ,- ~ I~IOTII= l~arlaly The person detecting the discharge of a pollutant is responsible #ar sounding the alarm. He {she} must ensure that all persons in the efTeded area are ellerted. ffthere are injured persons or a high potsrrtial for injury, then emergency medical personnel must be alerted tint. fF the person detecting the d'r~tlarge is trafie4 and kr~awtedgable as to the Cause of the discharrge then he should take appropriate adian. {Such as turning a pomp off.} ~iearw_ ater Bay Mar__ine W~ys* Inc. STREET ADD1iESS 90Q North Osceola Avenue ,Clearwater l P nellas ! $F'lorida I z134b IS MOUNT AND TYPE tTF POLtUTANT SPILLED ' -~ ttZ'`7Gt7 1 TOTAL P. 15 ow s ~{ 9~ ;~ WV~ ~ .[~:....?!^ e. bey VdinWord Document: MINUTES ~, ~/~, ~ 3 ~ ~ y .~ ~, r ~~ E~ WinWord ocument: MINUTES Page 1 of 11 Previous t Next D t First it Native W W d Vieg I Back to R l e ~ N Help Documen ocumen H m or ma e esu ts ue _ o MINUTES _ - - ---.. _.~......:____--~__ PLANNING & ZONING BOARD MEETING C ~ ~ ~ ' ~ (~, - 1 TUESDAY,.NOUEMBER_l6,_1.993.~2:0~ (~'~ / (~~}~ ~ / ~~/ PLEDGE OF ALLEGIANCE d~j~~ (~ ~ ~i , INVOCATION ~ ~"~ n~~G~'~Z ~~~/ ~ ~ Oil ~t~';r ~-~ ~~ Members Present: Chairman Carassas, Messrs. Bickerstaffe, Keyes, Mazur, Merriam, Savage ) Members Excused: Ms. Martin ~- ~~q` '" ~jL~~l/~~ ~'~ Also present: Scott Shuford, Planning Manager ~'v Doreen Brett, Recording Secretaryr' Chairperson Carassas outlined he procedures for conditional uses and advised that anyone adversely affected by a decision ofthe 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 to6s~i`pport the appeal. ,~° ,~ ITEM A. APPROVAL OF MINUTES ,1°. November 2, 1993 -Continued ~~ B. REQUESTS FOR EXTENSION, D None. ~` ,~ ~° C. CONDITIONAL USES: s AND CONTINUED IT 1) E. H. Coachman, Blk. 8, Lots 3, 4 & 14, Lots 1 & 21ess street, and,part of Lots A, 10 & 11 (706 Drew Street), William D. & Kathryn A. McKnight/S & I, Inc. (S`even Oaks Service Center), CU 93-69 Request - To permit package sales of beer and wine (expansion and change of lease) http://199.227.233.29/ISYSquery/IRLF673.tmp/9/doc 12/23/2003 WinWord Document: MINUTES Zoned - UC-C (Urban Center-Core) Page 2 of 11 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Bill Hardee, 1201 Brandon, Brandota!FL, stated that they are expanding and remodeling the facility to meet the demands of the area. Mrhlardee noted that the dining area indicated on the plan has been eliminated. In response to a question by the Board Mr. Hardee stated that the pass through has also been eliminated, and that it was going to be used to sell sandw,ic~ies and cold drinks. No persons appeared in favor or opposition to the request. A motion was made by Mr. Savage, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The applicant shall obtain an alc~~`lic beverage minimum distance separation variance~rom the City Commission; 2) There shall be no on-premise consumption of beer or wine; 3) There hall be no on-premise entertainment; 4 ~'l~he applicant shall obtain the requisite occupational~lcense within six months of the date o~tslfis public hearing; and 5) There shall be no pass through service. Motion carried unanimously (6 to,0). 2) Sec. 17-29;1'6, M&B 14.052 (2950 Gulf-to-Bay Bplvd.), Laura N. Connolly THE & Gertrude A. Nall Trust/J. Vashadis, Inc. (Colonial House Restaurant), CU 93-70 Request - To permit on-premise consumption'of beer, wine and liquor (business ownership change) - CG (General Commercial) Mr. Shuford gave the background'of the case and presented, in writing, the In response to questions b~he Board, Mr. Shuford stated that this is anfu`'nusual case with regard to the signage as there are two motels, and there is an RV park to the rear of this property which has erected a sign along with the signage for the restaurant. Mr. Shuford added t at the applicant is complying with Code by seeking a building permit and applying for the varia ce. Applicant, John'`Vasiliadis, 2950 Gulf-to-Bay Blvd.,~stated that he is the former owner from 1990, and has bought it~back; and that the restaurant has been open for one week without selling alcoholic beverages. In response to a question by the Board; Mr. Vasiliadis stated that he understands the recommended conditions and has no problem with•them. ~~ No persons appeared in favorfor opposition to the request. A motion was made by 1VIr. Mazur, and seconded by Mr. Bickerstaffe, to approve the above request subject to the follo~ g conditions: 1) The applicant shall obtain the requisite occupational license within six months of this public hearing; and 2) All signage shall be bro~ht into conformance with City regulations within six months of this public hearing .Motion carried~nanimously (6 to 0). 3) Mandala Unit No. 5 Re lat, Blk. 78, Lot 8 and ri arianr-i~ h` is (629 Ba Es lanade), An el L. Johns Y P p ,, g Y P g & Emmitt R. Suggs (Sea Side Apartment Motel ), CU 93=71 http://199.227.233.29/ISYSquery/IRLF673.tmp/9/doc 12/23/2003 WinWord Document: MINUTES Page 3 of 11 r Request - to permit marina use, expansion to three~slips Zoned - CR-24 (Resort Commercial) and Al//C (Aquatic Lands Costal) Mr. Shuford gave the background of~fhe case and presented, m writing, the staff recommendation. Applicant's representative, Richard G. Newman, 2724 Mornirfgside Dr., stated that the request is as Mr. Shuford presented it. He ad~ed that construction has not been started. In response to question' s by the Board, Mr. Newman s' tated that he understands the limitation of use of the slips to guests of the motel only. /~ The following person appeared in opposition to the above request. William~Waselewski, 627 Bay Esplanade, stated he is next door to the Seaside Motel which was recently taken over by the new owners. He stated that it is a 70 unit apartments/motel with one owners unit a`~nd has only eight parking/spaces. Mr. Waselewski felt this request will create parking problems. / _ I response to questions byrthe Board, Mr. Shuford stated that the property meets current parking' requirements as long as,it`is not being used as commercial marina. Discussion ensued~r'egarding the parking of trailers at the motel. Mr. WaselewS'ki expressed concerns regarding how close this will be to M,r~Shifford provided Mr. Waselewski a copy of the drawings a~s submitted to the City. ~i rebuttal, Mr. Newman stated that not allowing trailers wo 1~5 d be no problem; and that the slips are for owners and tenants only. ,~ A motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, to approve the above request subject to the following conditions: 1) The applicant shall obtain the requisite building permit within six months of this public hearing; 2) There shall!be no liveaboards berthed at the slips; 3) The use of the proposed slips shall be restricted to the owner and registered guests staying in the landside facilities of the motel only ; 4) There shall be no fuel tanks for fueling watercraft from this marina facility; and 5) There shall be no commercial use of~his marina; 6) There shall be no parking of boat trailers parked on the property. Motion carried unanimously (6 to 0). 4) Sec. 18-29-16, M&B 23.,1$ (2284 Gulf-to-Bay Blvd.) Mitchell I. Singer & Russell Remick/Unique Restaurants, Inc. (Melons) CU 93-72 /' Request - To permit on-premise consumption of beer, wine and liquor (new license) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the'staff recommendation. Applicant, Russell Latimer, 1857 Venetian Point Dr., stated~t~they have operated with the same format for 12 years with no problems. http://199.227.233.29/ISYSquery/IRLF673.tmp/9/doc 12/23/2003 ,WinWord Document: MINUTES Page 4 of 11 In response to questions by the Board; lVlr. Latimer stated that there will be no changes of the use that the are under strict franchise guidelines. He also stated that they have no problems with the recommended conditions. No persons appeared~n favor of or in opposition to this request. A motion was~inade by Mr. Bickerstaffe, and seeded by Mr. Merriam, to approve the above request subject to the following conditions: 1) The applicant shall obtain the required new occupational license within 3t~days of this public hearing; 2) The~applicant shall obtain the 4-COP-SRX alcoholic beverage licen~within 30 days of this public h~ ing; and 3) There shall be no outdoor speakers r entertainment. Motion carried unanmmously (6 to 0). 5) Clearwater Beach Park 1s~A°dd., Blk. B, Lots 16-23, and Clearwater Beath Park Replat of lst Add., Blk. A, Lots 12-15, and vacated alley, (447 Mandalay Ave.), Robert E;. ~=I'~eilmari/Heilman Restaurants, Inc. (Heilman's Beachcomber Restaurant), CU 93-73 Re uest - To ermi-t"on- remise consum tion and acka e~ ales of beer, wine and li uor (ex ansion q P P P P g~ q p ) Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and presented, in .writing, the staff AR151icant's representative, Harry S~Cline, 400 Cleveland St., stated that this restaurant is family owned and is a third generation run res~urant. Mr. Cline noted that they hope to utilize the old motel facility at the rear of the property in,hl~ expansion. He added that the request is cons stent with code requirements. A motion was made`by Mr. Bickerstaffe, and seconded by Mr. ~azur, to approve the above request subject to the~olhowing conditions: 1) The applicant shall o~bt~'in the requisite building permit within six months of this public hearing; 2) The applicant shall obtarrT an occupational license within six months from the~ate of this public hearing; and 3) The applit nt shall obtain the necessary variances from the City~ommission and the Development Code Adjustment Board. Motion carried unanimously (6 to 0). 6) J. A. Gorra Sub, Blk. 2, Lots 2 & 3, and part of Lot 1, and filled submerged land on west, submerged land and riparian rights, Sue Barco Sub., Lots 13, 14, 23, part of Lot 22 and vacated Nicholson Street, filled submerged land on west, submerged land and riparian rights (900 Osceola A~e.:N) 'Clearwater Bay Marina, Inc. (Adventure Seaways Corp.); CU~3 74`: Request - To permit marina use; 600 passe~.e~cruise ship and on- premise consumption of beer, wine and liquor (expansion) Zoned - CR-24 (Resort Commercial) and AL/C (Aquatic Lands Coastal) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford stated that letters received from the public regarding this request were provided to the Board members. Mr. Shuford noted that there has been extensive discussion between staff and the applicant, and that the applicant had the opportunity to meet with the Old Clearwater Bay Homeowners Association and their concerns are included in the recommended conditions of approval for this request. Applicant's representative, Espen Morgan Tandberg, 267 - 126th Ave. N., Treasure Island, stated that the Empress i- ~ Cruise - ~ Lines d- owns and operates http:// 199.227.233.29/IS YSquery/IRLF673.tmp/9/doc 12/23/2003 WinWord Document: MINUTES Page 5 of 11 three ~ cruise - ships in Florida. He stated that it is their desire to bring the Majestic ~ Empress - to Clearwater and felt that it would add to the commerce in Clearwater with very few negative impacts. Mr. Tandberg added that they have entered into a lease agreement with the Clearwater Bay Marina, and have received the staff recommendations and are in full agreement with the conditions of approval. In response to questions by the Board, Mr. Tandberg stated that one of their other ships is now docked in St. Petersburg for renovation, one in John's Pass, and one in downtown Miami. He also responded that the cruises are six hours or five hours long and offer a full casino, bingo, skeet shooting, entertainment, and other games and activities. In response to questions by the Board, Mr. Tandberg stated that he would not have any problem with limiting serving alcoholic beverages until after the ship leaves the dock. Discussion ensued including the Harbormaster having been involved in all discussion concerning this request, how this will fit in with boat launching at Seminole docks, and traffic concerns. The following persons appeared in favor of the request. Lee Regulski, representing the Clearwater Little Theater, 302 Seminole Street stated that they welcome the new business to north Clearwater. Mr. Regulski stated that they have some concerns about the effects of the business which included: traffic circulation and parking. Extensive discussion ensued regarding traffic ingress/egress, and the routing of the buses that will be transporting passengers. Mr. Tandberg explained there will be police officers directing traffic and parking will be as directed be attendants. The following persons appeared in opposition to the request. Attorney Tim Johnson, representing Steve and Vickie Morgan, and Pheobe and Fred Allen stated that his clients are supportive of the economic development of the area. However they feel that a cruise ship does not belong at this location, but should be at the City of Clearwater Marina. Mr. Johnson stated that their concerns include the following: the character of the marina will changed drastically, the noise late at night associated with people returning from the cruise and boarding the buses. Mr. Johnson discussed at length each of the staff s recommended conditions with suggested amendments and additions to the conditions. Marcuk Hatoum, 303 Cedar Street, stated that his objection involves concerns including the following: the weekend parking problem at Seminole docks, that the site work should be completed within 30 days rather than 90 days, reducing the six month trail period to three months, and to buffer the noise that the recommended wall should be extended to the east to his property. Mr. Regulski stated that he based on what he had heard today, that he is in opposition, stating that the traffic flow and parking problems with the marina is bad especially on weekends and that adding the cruise ship would be detrimental. http://199.227.233.29/ISYSquery/IRLF673.tmp/9/doc 12/23/2003 WinWord Document: MINUTES Page 6 of 11 In rebuttal, Mr. Tandberg, stated that they have been working with City extensively regarding their request, and that they have no problems with any of the recommended conditions, that they will provide 24 hour security, that they will be landscaping and cleaning up the marina. Mr. Tandberg added that noise will not be a problem as the ship is fully enclosed, and there will not be any outdoor music. Mr. Tandberg stated that they would have a problem further reducing their hours of operation and would like to operate the hours as stated in their request. He added that they would have no problem with the 30 days to construct the wall provided the wall will be 6 ft. in height. Further discussion ensued regarding the wall and the landscape buffer. Mr. Shuford suggested that condition #10 be reworded to read that the applicant shall erect a 6 ft. tall brick or stucco and painted concrete block wall along the north and south sides of the property adjacent to adjoining residential uses maintaining to the extent possible by site constraints a 10 ft. landscape buffer on the residents side of the wall. In response to questions by the Board, Mr. Tandberg stated he felt that Mr. Hatoum's concern regarding the wall is being addressed with the wall configuration Mr. Shuford suggested. Further discussion ensued regarding parking and traffic circulation on the site. ~ Board and staff discussion ensued and their comments and concerns are incorporated in the motion. `~~ A motion was made b Mr. Bickerstaffe, and seconded b Mr. Ke es, to a rove the above re uest `~~ Y Y Y ~. J PP,~,., q subject to the following conditions: l~~ The applicant shall obtain an occupational license within two months of this public hearing; 2~) The applicant shall obtain a variance to the parking regulations, or otherwise meet City parking requirements; 3)~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 leaves the dock; 4J The applicant shall obtain an alcoholic beverage separation distance variance from the City Commission; ~)' The applicant shall complete all proposed site work within 90 days of City Commission approval of th alcoholic beverage separation variance, and that construction of the walls required by these conditions to be erected within 30 days of such approval; 6) There shall be a six month trial period to dete~r.~nine_ e__ if the site design, traffic routing and proposed parking lot management techniques are effective in handling traffic generate by the use; an 'f'the hours of operation, site lighting and buffering are sufficient to make the use reasonably compatible with surrounding properties; 7); Environmental Management will require stormwater retention, landscaping of the shell parking to be paved; landscaping of the Osceola Avenue buffer; provision of a spill contingency plan; and copies of soundings and Army Corp of Engineers correspondence regarding navigation access and maintenance dredging activities prior to the issuance of a certificate of occupancy;F8) The cruise ship shall be berthed by 12:30 A.M. midnight 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; 9~, All in- bound cruises shall discontinue all entertainment activities at or prior to arrival at the Memorial Causeway bridge; 10) The applicant shall erect a six foot tall brick or painted and stuccoed concrete block wall along the north and south sides of the property adjacent to adjoining residential uses, maintaining, to the extent allowed by site access constraints, a 10 ft. landscape buffer on the residents' side of the wall;~l l), There shall be no outdoor entertainment in 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.; °_2)~There shall be no outdoor ship or site cleaning operations between the hours of 8:00 P. M. and 7:00 A.M.; ,1~3), Site lighting shall be directed downwards and away from all adjoining properties; 14) There shall be no storage of boats in the paved parking spaces or travel aisles; 1~The North Osceola Avenue entrance and the eastern entrance from the Seminole boat launching http://199.227.233.29/ISYSquery/IRLF673.tmp/9/doc 12/23/2003 WinWord Document: MINUTES Page 7 of 11 facility shall not be used unless determined necessary for vehicular access by the Traffic Engineer or Fire Marshal, with the primary concern being public safety rather than on-site traffic circulation convenience; t1~6)jThe cruise ship shall be enclosed and all entertainment shall occur within the enclosed space of the cruise ship while in the marina; and <l~;)~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. Motion carried unanimously (5 to 0). (Mr. Savage left the meeting prior to the vote.) 7) Island Estates of Clearwater Unit 5, Blk. D, Lot 1 (241 Windward Passage), Ted J. Bair (Quality Boats of Clearwater), CU 93-75 Request - To permit vehicle service; minor boat repair, and outdoor retail sales; displays and or storage of boats / ~'r Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff Applicant's representative, Thomas J. Graham, 3005 SR 590, Suite 101, stated that site was originally used as a xriarina and boat storage. He stated that they have made m improvements to the (showed picturi .of site before improvemen s and discussed surrounding use~Mr. Graham explained the details of the structure and its formevuse. Mr. Graham added that th~roposal is a similar use with converting..a portion into a retail div,e,~~~hop with storage of diving eq~pment. He noted that there will be no outdoor retail sales, and would Jso like to store two RV's o ' lt~ie property in the long term dry boat stor--age area. .,,- Mr. Graham stated that the°recommended conditionsd"of approval are acceptable, with the exception of the landscape/open sp/a e requirement. Discussion ensued regarding the recommended conditions of approval. The consensus of the Board an~ staffs concerns regarding the conditions of approval are included in the motion. ,` A motiofi was made by Mr. Bicke'rstaffe, and seconded by Mr. Mazur, to approve th~lwe request subject to the following condi-bons: 1) The applicant shall obtain the requisite l~lding permit within six months of this public hearing; 2) The applicant shall obtain the required occupational license within six months of this public he~irig; 3) There shall be no public address systerr~~loudspeaker paging systems used in the daily o~~tion of the business; 4) All lighting and lumin~s shall be positioned in a downward direction to avoid light glare disturbing nearby land u s; 5) Hours of boat repair activities shall be restricted to 8:00 a.m. to 6:00 p.m. Monday through~Saturday to avoid negative noise impacts to nearby land uses. Motion carried unanimously (6 to 0) I'` 8) Sec. 28-28-16, M&B 33.02 (2556 McMullen-Booth Road), John Hancock Life Ins. Co./Warehouse Liquors IV, Inc. (The Wine Vault), CU 93-76~ - " Request - To permit on-premise consurnp° tion and package sales of beer, wine and liquor (lic designation change) Zoned - CC (Commercial Center) and OL (Limited Office) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. http://199.227.233.29/ISYSquery/IRLF673.tmp/9/doc 12/23/2003 3WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD t~_ Page 1 of 14 r~ / ~I ~ ~`I J ~VinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Previous D Next D First Hi Native Wi W d Vieg I Back to R l ew N Helb ocument ocument t n or ma e esu ts ~ ~ uei DEVELOPMENT CODE ADJUSTMENT BOARD ~November~17 `1993 Members present: Alex Plisko, Chairman (1:05 p.m.) Emma C. Whitney, Vice-Chairman Otto Gans John B. Johnson Joyce E. Martin Also present: John Richter, Senior Planner U~3 b~v v~ - o~ ~~~ Z~~I ~ IZ~ 1~R~I~~ ~''L Gwen J. Legters, Staff Assistant II The meeting was called to order by the Vice-Chair-man at 1:04 p:m. in the Commission Chambers of City Hall. She outlined the procedures and advised that anyone adversely affected by any decision of the Development Code Adjustment Board ma ppeal the decision to an Appeal Hearing Officer within two weeks. She noted Florida law requires'any applicant appealing a decision of this Board o have a record of the proceedings to support the-a peal. In order to provide continui° ty, the items will be listed in agenda order although not necessarily discussed in that order. ~ I. Time Extensions 1. (2nd request for a time extension) Howard R .Jimmie (Howard Jimmie's Truck Parts) for.-variances of (1) 15 ft to permit a zero ft wide landscape buffer between an industrial use and residential zoning district; (2) 43 ft to permit development on lot with a width of 57 ft at setback.~line; and (3) 15 ft to permit a building zero ft from a side~p or perty line abutting a residential zone at 609 Seminole St, J.H. Rouse's Sub, Blk 3, Lots 19 thru~2,1, zoned II., (Limited Industrial). ~ 2'56 ,~ http://199.227.233.29/ISYSquery/IRLF673.tmp/11/doc 12/23/2003 i WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 2 of 14 ~. Mr. Howard Jimmie, owner/applicant, stated if he keeps the property, he plans to develop it. However, there are several parties interested in buying the subject property, in which case, the buildings are to be demolished. The extension is needed to allow time to sell,tk~~roperty. Mr. Gans moved to grant asix-month time and carried unanimously. to May 12, 1994. The motion was duly seconded II. Public Hearings ITEM A - (cont from 10/14 &10/28/93) City of Clearwater for variances of (1) 59 ft to allow a dock length of 91.5 ft where 32.5 ft is permitted; (2) 17.25 ft to allow a dock width of 40 ft where 22.75 ft is permitted; and (3) 7.5 £t~o allow a setback of 12.5 ft from extended property lines where 20 ft is required at 201 Magnolia Drive, submerged land west of Magnolia Dr, zoned AL/C (Aquatic Land/Coastal). V, Senior Planner Richter explained the application in detail, stating this item was continued to request direction~rom the City Commission in view of the opposition expressed at the~~ious meeting. The City~Commisison directed staff to aggressively pursue the reconstruction of~e dock since it provided a~iportant water access for other neighborhood properties. Scott Shuford, Central Planning Director representing the applicant, addressed the Board. He stated the City Commission was made aware of the concerns of the s~`rrounding property owners and they directed staff to work out compromises regarding the safety andFpolice complaints. He said options to be considered are lighting the interior of the dock and~emoving the roof to make it less attractive to those seeking shelter at night. Given the interest in~ wilding, he said there was some consideration of what could be built without variances. Lt. Frank Daly, speaking on behalf of City Police Chief Sid Klein, outlined the problems that were reported associated with the old dock~Juveniles drinking and hanging out, noise, traffic and sleeping transients all contributed to the. pro`'~blem. He indicated the police respond to every noise complaint; however, without additional patrols, they frequently do not arrive in time to observe the violation. L~ Daly said if the dock is rebuilt, the police will continue to respond to complaints in the norma~~a3`hio and will put in extra patrols whenever they can. He said interior lighting will help by increasing the visibility of anyone using the dock at night. Discussion ensued regarding an eight-page list of incidents reported to the police. In response to questions, Lt. Daly indicated calls are prioritized because the department is s limited in its resources. He suggested the residents form a neighborhood watch group which w~~ll'work with a crime prevention officer to help address the problem. It was noted the complaint calls~ecreased dramatically after the dock was destroyed. Terry Jennings, Chief City Engineer, stated lighting thetciock at night will not cause an environmental problem for turtles because there is no shoreline.at-this site. He stated the City is requesting to have the variances approved with whatever conditions the Board feels necessary. The City Commission will then decide whether or not to rebuild in view of the conditions. If they decide against rebuilding with conditions, a smaller dock can be built without variances, although they have not stated they would pursue this second choice. Discussion ensued regarding what can be built without variances and whether or not a smaller dock of a different design would attract as much nuisance activity. Fishing was also thought to be a part of the http://199.227.233.29/ISYSquery/IRLF673.tmp/11/doc 12/23/2003 WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 3 of 14 problem. Three citizens spoke in support gf~he application as follows: Donald MacFarlane, 215 Rogers Street, stated he has used the neighborhood docks since his earliest recollection. He gave ahistory of the area and said it would be a major mistake not to rebuild this dock because it is a big amenity for the City. He does not feel there are a sufficient number of people who are adversely affected~o warrant not rebuilding. He said unless the Cit~ ca~ the end of Magnolia Avenue, the public will continue to have access to the area. David Martens, 425 Lotus Path, spoke in favor of the app~it;ation, giving a history of the Harbor Oaks neighborhood. He noted the police report logs more call`s than incidents because each complaint appears to be~alled in more than once. He said the City Harbormaster, the Harbor Oaks Homeowner's afssfociation and the majority of the homeowne~ are in support of the request. The reason there were not more supporters at the original hearing, he said, was because only the few property owners within 200 feet were notified. He submitted a petitio in support of the application with the signatures of 36 property owners, who own 71 lots in e neighborhood. Mr. Martens stated the Harbor Oaks property owners pay 23 percent of the City's~ax bill and are entitled to police protection. Bob Kirn, 321 Lotus Path, spoke on behalf of Cedio Saltarelli and the Harbor Oaks Association, stating, while no longer unanimous the majority of the association supports the dock replacement subject to it having a gate and the cl©s ng hours being enforced. He felt the police not being a~b e o respond soon enough and the drive ays to the residences being blocked should be taken into~onsideration. Three citizens spoke in opposition to the application as follows: Charles Walter, 208 Magnolia Drive, stated his property is i ~diately adjacent to the dock and while he reco~izes that many people enjoy the use of the dock dung the day, he experiences the nightmare of w alb t often oes on at ni ht. He indicated continual ar~in loud music s uealin tires havin t g g P,. Y g, q g ~ g o clean up cans, bottles, drug and sex paraphernalia that~litter his yard and having himself and his daughter assaulted by trespassers cause him to be afraid to use his own property. He said his property was damaged in excess of $200,000 and the wreckag`e~of the former City dock is still on his property. While he commended the police for doing the best~jo possible, he said the offenders were always gone by the time the police arrived. Mr. Walter objectefl to having bright lights shining onto his property at ni . hz-and stated he does not understand why the City wishes to rebuild this attractive nuisance in the p,~:e ent location. ,/~ Harold Hyatt, 902 Druid Road'stated he owns two properties to the north of iVlf" Walter and has lived there since 1943. He stated his property sustained over $100,000 worth of~damage caused by the old dock. Before it was destroyed, he and his wife had to call the police alm st nightly because of disturbances at the old dock. While he agreed the dock was beautiful and enjoyed by many, he does not understand how rebuilding can be considered in view of what's.-Been heard today. George Cousin, 205 Magnolia Drive, stated his property~'is' immediately to the south of the subject dock, which has not been suitable for use in recent yeLa~rs,~ agreed with Mr. Walter and is opposed to rebuilding the dock on the basis of it being an attractive nuisance. Mr. MacFarlane and Mr. Martens spoke in rebuttal to the opposition. Mr. MacFarlane was surprised at the increase in opposition since June and feels the dock was a valuable community asset and should not be shut down because of some criminals. Mr. Martens appreciated Mr. Cousins comments; however, felt http://199.227.233.29/ISYSquery/IRLF673.tmp/ 11/doc 12/23/2003 WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 4 of 14 the majority of the neighborhood is still in favor of rebuilding. He felt sleeping on the dock could be made less attractive through lighting design. He~upported putting in a gate with a timer and enforcing closing hours. Mr. Walter stated the waterfront cannot be fenced off and did not feel a gate on the dock would solve the problem. Mr. Shuford summarized the request, stating the previous dock washing awas'y caused damage to adjoining properties; however, the new dock is to be built with state of~tl~ie art of materials to withstand hurricane force windnIf lighted in a manner compatible with th~~ounding neighborhood, it would improve the law enforcement aspects of the site. He requeste approval of the application to rebuild the dock to its prwious configuration, conditioned upon it be~ ated and lighted. He suggested a having a timed ele~omc gate with a manual override which wo,~id alert the police department if activated after hours. ~ Ix~'response to questions, Mr. Shuford indicated'S0 percent of the cost of the proposal is being reimbursed by FEMA for rebuilding this hilt rical part of Clearwater's past. He stated this is a philosophical issue regarding waterfront~access and it is not desirable to allow any further loss of public access to one of the things that makes~Clearwater unique. Many law-abiding people used a~njoyed the dock and want it to continue. Board discussion ensued with i-t`being felt the new dock will have no historical value because of being new. Concern was expressed hat it had become uncomfortable to go down* rthe dock because of vagrants and problems rel~ing to fishing. Support was expressed for rebuldmg a smaller dock reaching shallower water, makingit less attractive for fishing. It was felt being,there a long time is not sufficient justification for rebuilding in the same configuration. It was indicated if the City believes the facility should be put up, trhe City should provide adequate protection for the residents of the area. Rebuilding was felt to be needed to avoid any further limitation of access to the area's natural beauty. It was indic~d this public hearing has been helpful in mdking people aware of both sides of the issue and will assist staff in trying to rectify problems. Based upon the information furnished by the applicant, Mr. Gans moved to grant the variances as requested because the applicant has substantially met all of the standards for approval as listed,i Section 45.24 of the Land Development Code, more specifically because, the variances arise rom a condition which is unique to the property and not caused by the owner or applicant and~tl~ie variances allow the size structure desired to be tilized by the public subject to the following,conditions: 1) This variance is based on the applicat~~- r`~i for a variance and documents submitted by~tlie applicant, including maps, plans, surveys, and oth~fdocuments submitted in support of the app cant's request for a variance. Deviation from any of the above documents submitted in support of the request for a variance regarding the work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect; 2) signage shall be erected by~tlie City to alert the public of the pier's closing at night with enforcement to be handled by the Police Department; 3) feeling that security is of paramount importance, proper illumination compatible~with the area and architecturally compatible with emphasis on security shall be installed; 4) an ele~ in c safety system, i.e., electronically controlled gate or comparable device shall be installed; this device should be electronically monitored by the Police Department for the safety of the public and 5) the requisite building permit shall be obtained within six (6) months from the date of this public hearing. The motion was duly seconded and upon the vote being taken, Mses. Whitney, Martin and Mr. Gans voted "aye"; Messrs. Plisko and Johnson voted "nay". Motion carried. http://199.227.233.29/ISYSquery/IRLF673.tmp/11/doc 12/23/2003 WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 5 of 14 The meeting was recessed from 2:47 to 3:02 p.m. ITEM B - (continued from 10/14/93 & 10/2,,8,,/~~93) -Investors Breakers-on-the-Bay Ltd, for a variance of 138 ft to allow dock length of 405 ft where~67 ft is permitted at 2909 Gulf-to-Bay Blvd, William Brown's Sub of Bayview, Lots 14 & part of Lots 5, 6 & 13, vacated street and submerged land to the south, zoned RM 28 (Multiple Fam~'Ty Residential) & AL/C (Aquatic Land/Coastal). V 93-67 Action: Continued to the me~fing of December 9, 1993. 1. Robert E. & Betty J.~1'Iostetler for variances of (1) 10 ft to allow enclosure of existing structure 5 ft from rear property 1~ where 15 ft is required; (2) 3 ft to allow building separation of 17 ft where 20 ft is required; (3) 3,,~~20 sq ft to allow a minimum lot area of 11,800 sq ft where 15, Q00 sq ft is required; (4) 12.15 ft to allow a minimum lot depth of 87.85 ft where 100 ft is required; and (5) 15 ft to allow a minimum lot~`width of 135 ft where 150 ft is required at 1959 Rainbow ~kycrest Unit No 7, Blk B, Lot 10, zo ed RM 28 (Multi-Family Residential). V 93-78 Sen~o'r Planner Richter explained the application in detail, sting the applicant wishes to enclose an eyy~~ffsting free-standing carport on the subject lot, which non-conforming with regard to area, depth and width. He stated the setback variance is the most sigh' iff cant, due to the proximity of a building on the adjacent property to the south. Concern was expressed the proposal would adversely affect the light, ventilation and view of the property to the south~He indicated application does not appear to meet the standards for approval. Gordon Wardell, contractor representifig the owner/applicants, stated the existing carport is covered, has one wall and contains laundry facilsi~es. He proposed to remove some nearby asphalt paving and add three walls. He said the enclosure ould be used as a storage area for materials currently being stored in one of the apartment units on~t~ie property. % Damon Hostetler, son o~f~the owner/applicants, responded to a concern that f~~variances are needed for such a small proposal~He stated only variance #1 was requested by the ap~plicant. The remaining four variances were add by staff (to bring the property into conformar~e~'because the building codes have changed since th~structures were built in 1952. This was indicated to be a common occurrence in older buildings. Discussion ensued and it was indicated additional construction is proposed in the non-conforming rear setback. This was not felt to be a problem as there seems to be adequate building coverage. Concern was expressed removing stored mate ~ia' is from the apartment unit would yield a greater financial return on the property. It was fel~a~ariance is not needed because the materials could be stored elsewhere. However, it was indicated storage is always needed on rental properties and the property owners should be allowed to~ e what they have. ~~ Concern was also expressed t~esidents of the adjacent property will have to face a~olid wall where an open structure now exists. It was felt, if they were concerned, they would be preser~t. In response to a question, Mr. Hostetler said his mother lives near the subjec" t property and goes by there every day. Based upon the information furnished by the applicant, Mr. Gans moved to deny the variances as requested because the applicant has not demonstrated she has met all of the standards for approval as http://199.227.233.29/ISYSquery/IRLF673.tmp/11/doc 12/23/2003 WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 6 of 14 listed in Section 45.24 of the Land Developm~~ Code because there is no condition which is unique to the property; no unnecessary hardship was shown; the request for the variances is based primarily upon the desire of the applicant to secure ~ er titer financial return from the property and the granting of the variances would adversely affect the general welfare of the community and would violate the general spirit and intent of this development code as expressed in Sections 35.04 and 35.05. The motion was duly seconded and upon the~~ote being taken, Mses. Whitney, Martin and Mr. Gans voted "aye"; Messrs. Plisko and Johns voted "nay". Motion carried. 2. Morritt Homes,.~I~ic (Walgreens Drug Store) for a variance of 18 par-1Cng spaces to allow 89 spaces where 107 space are required at 2005 Gulf-to-Bay Blvd, Midwa3~ub, Lots 1-12 and strip of land to west, zoned~CG (General Commercial). V 93-79 Sen$r Planner Richter explained the application in.d'etail, stating the applicant wishes to redevelop an existing retail center with a 15,525 square-foot~algreens drug store and an additional 2,300 square feet of retail space. The applicant indicated that the use will not require the number of spaces required by code; however, provided no supporting d~umentation for the 17 percent reduction. The application does not appear to comply with sev~ of the standards for approval. The City Traffic Engineering Department commented the plan i-s not approved and must be revised per the Design Review Committee (DRC). In response to a question!Mr. Richter stated the Planning and Zoning Board has~pproved an alcoholic beverage use application and a separation distance variance request is to go -fore the City Commission tomorrow. The~DLZC needs to review the site plan. Steven Stuebs`', engineer representing the applicant, gave an oveiview of the proposal, stating the current parking ra~o is 4 spaces per 1,000 square feet of retail space~The City's criteria for retail parking is 6/1~~He stated the site does not meet the Land Development Code standards for landscape buffers, setbacks, landscaping or number of access points. Stor~mwater sheets off onto the streets and there are dangerous traffic conditions associated with the pr perty. Under the current proposal, Mr. Stuebs stated, the number of access points will be reduced. There will be a double drive-through for pharmac,y~'' pickups and a parking ratio of 5/1000 will be provided,.The proposed site will meet today's Land~Development Code standards for landscape buffers~e~cks, stormwater retention driveways and access. He further explained various site improvements, stating not meeting the 6/1000 parking space requirement will not hinder the operation of~the Walgreens store. He stated he is an experience~VGalgreens development designer and has c~st~ted a number of the stores in Florida in the last twoyears. He compared the City's parking requirement to the less restrictive ones in several surroundin communities. Quoting from the Transportation and Traffic Engineering Handbook, he saidarking ratio of 4/1000 is the general criteria for retail use. Dan Vietto, representing the applicant, stated there are~180 of these freestanding stores around the country. They make a significant contribution to the community because they remain for a very long time. Approximately 275 prescriptions per day,~a e handled by a store of this nature and about 35 percent of those trips are handled through the drive-~t`hrough pickup window. He did not understand staff s objections to the project, stating there aJ:e physical constraints on the site, all applicable codes-°ar"e met, it is better for the neighbors, safer for traffic and meets all eight criteria for granting a varia e. In response to questions, Mr. Vietto stated the plan is to raze and rebuild on the sit`" e, one street is going to be closed down and this will be the first freestanding facility in the Cit He stated, although Walgreens would prefer to stand alone, the additional 2300 square feet is occupied by two tenants with http://199.227.233.29/ISYSquery/IRLF673.tmp/11/doc 12/23/2003 WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 7 of 14 long leases. Based on the experience of several other units operating around the state, he said the 5/1000 ratio meets Walgreens parking needs for efficient operation. He indicated DRC has reviewed the plans relative to striping and signage, but did not com`'^ment about parking and said he was told pa It was indicated developers are required to meet the parking code and without the 2300 square feet, the proposal would meet the parking`standards. Discussion ensued regarding traffic movement, generation and circulation in the area, specifically related to the adjacent apartment complex which is accessed by Rogers street. In response to a question, it was indicated Walgreens does not own the property, but has approved the preliminary site~`plan. Although they would prefer not to have the two~enants, Mr. Vietto stated they are okay with the` project as long as there is no other shop space bet~n Walgreens and the corner. It was not known sf Walgreens will actually build even if this req~~ is approved. Based upon the information furnished by the applicant, Ms. Martin moved to deny the variance as requested because the applicant has not demonstrated he has met all of the standards for approval as listed in Section 45.24 of the Land Development Code because there is no condition which is unique to the property; no unnecessary hardship w.as shown; the hardship was caused by the owner or applicant; the variance is not the minimum; the~~anting of the variance could adversely affect the general welfare of the community; and would violafe the general spirit and intent of this development code as expressed in Sections 35.04 and 35.05.. The otion was duly seconded and carried unanimously 3. GTE Florida, Inc for variance of 42 in to allow a fence 72 in in height°where 30 in is permitted at 21051 US Hwy 19 N, Sec 17-29-16, M&B 23.03, zoned CH (Higher<a~ Commercial). V 93-80 Senior Planner Richter explained the application in detail, staffing the applicant wishes to construct asix- foot high chain~link fence around the property for security of a remote switching station for the emergency 911 computer system. Staff indicated the.~fence will not adversely affect neighboring properties and will be softened by the code re~ e ent that landscaping be planted on the right-of--way side o~~he fence. Concerns were expressed with the suggested use of barbed wire on top of the fence. Mr. Richter this is an issue which is decided by the,/Building Official and discussion ensued. Dave Warrington, fence contract' or representing the applicant, stated a fence exists on three sides and it is desired to extend it toward the road so it will encompass the whole building for additional secur-ity. Questions were raised'regarding previous variances which were granted for this _r~operty (V 93-56; 8/26/93). It was indicated variances for lot area, width, distance from the cen= rline of US 19 and setback from the side property line were granted with the condition an.a~alt paving area being replaced should be landscaped with shrubs and trees and maintained to provide the proper aesthetics. Discussion continued regarding the proposal. In re additional fence could improve security nor why it from GTE should be present to explain. o questions, it was not known how the extend out to the street. It was felt someone Based upon the information furnished b~'ftfie applicant, Mr. Johnson moved to grant the variance as requested because the applicant has-stfbstantially met all of the standards for approval as listed in Section 45.24 of the Land Development Code, more specifically because, the variance arises from a condition which is unique to the property and not caused by the owner or applicant subject to the http:// 199.227.23 3.29/ISYSquery/IRLF673.tmp/ 11 /doc 12/23/2003 WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 8 of 14 condition landscaping shall be placed in front of the fence rather than inside the fence. The motion was duly seconded and upon the vote being~aken, Ms. Martin and Mr. Johnson voted "aye"; Ms. Whitney, Messrs. Plisko and Gans voted "nav°`'~ Motion failed. Based upon the informati©fi furnished by the applicant, Mr. Gans moved to deny the variance as requested because the~applicant has not demonstrated he has met all of the standards for approval as listed in Section`S~L4 of the Land Development Code because no unnecessary hardship was shown; the variance is n~rthe minimum and the granting of the variance w~l~l detract from the appearance of the community,~and would violate the general spirit and intent~ithis development code as expressed in Sections~35.04 and 35. 05. The motion was duly seconded and upon the vote being taken, Ms. Whitney, Mears Plisko and Gans voted "aye"; Ms. Martin and~Mr. Johnson voted "nay". Motion carried. 4. Dan's Island 1660 Condo Assn, Inc for variances of (1) 20.33 ft to allow a wa1129.67 ft from Gulf of Mexico where 50 ft is required; and (2) 4 m to allow a wa1134 in in height where 30 in is permitted at 1660 Gulf Blvd, Dan's Island Condo~1~60 on Sand Key, zoned RM 28 (Multi- Family Residential) and OS/R (Open Space/Recreation). V~93-81 Senior Planner Richter explained the application in detail, stating the appleant wishes to construct a wall along the westerly~e~ge of parking lots to prevent sand from washing and blowing into the lots. Staff felt this solutio~~is minimum and reasonable in light of the ha~ship experienced by the condominium resid nts. The application appears to comply w~itJ'i all standards for approval. Paul Wade~'onstruction consultant representing the applicant, stated the need for the wall arises from storm damage to the seawall. Sand piles up in the p~~ing lot and has to be continually swept away. The sea Bats planted in an attempt to restrict sand mo~ement did not survive the wind and waves. He said the proposal is for a block and brick wall, which, once the blocks are stacked up, is 34 inches high..A~ variance application for an identical wall was granted in 1991. However, due to its location ward of the Coastal Construction Control Line (CC~CL), did not pass the stringent State requi~e~nts and was never built. Discussion ensued regarding the~size and placement of the proposed wall.*Mr. Wade stated this design is needed to make the new wall architecturally match the other walls on~the property. Based upon the information furnished by the applicant, Ms. Whitney moved to grant the variances as requested because the applicant has substantially met all of~t=he standards for approval as listed in Section 45.24 of the Land Development Code, more specifically because, the variances arise from a condition which is unique to the property and not caus~ by the owner or applicant and are the minimum necessary to overcome any hardship subject to the~following conditions: 1) This variance is based on the application for a variance and documents submit ed by the applicant, including maps, plans, surveys, and other documents submitted in support o ~e applicant's request for a variance. Deviation from any of the above documents submitted in support of the request for a variance regarding,the' work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect and 2) the requisite building permit shall be obtained withints~(6) months from the date of this public hearing. The motion was duly seconded and carried unanimously. 5. John & Laura Gianfilippo (Goodyear Tire & Auto) for a vice of 1 parking space to allow 41 spaces where 42 spaces are required at 235 Belcher Rd S, Sec 18-29-16, M&B 23.071ess road right-of- way, zoned CG (General Commercial). V 93-82 Senior Planner Richter explained the application in detail, stating the applicant wishes to redevelop the http://199.227.233.29/ISYSquery/IRLF673.tmp/11/doc 12/23/2003 WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 9 of 14 subject property with a Goodyear store. As the requested variance represents only a two percent reduction in the requirement, it is considered minimal and appears to comply with the standards for approval. /- Tim Stefan, representing the owner/applicant~esponded to questions. It was not known if the City Traffic Engineering Department had a~~mments regarding proposed the parking layout. Mr. Stefan said the size of the curb cut is bein~~educed and the right-of--way equalization is administered by the County. The existing facility hadparking problems and is being razed and a new store built. Concern was expressed w'-th granting a variance; however, it was felt to be extremely minimal. It was indicated the propos%a~ears to be properly landscaped and is required to meet la wing requirements on site plan approval. Based upo ftYfe information furnished by the applicant, Ms. Whitn~.riSoved to grant the variance as requested~because the applicant has substantially met all of the standards for approval as listed in Sectio~45.24 of the Land Development Code, more speci~ca~y because, the variance arises from a edition which is unique to the property and not caused`by the owner or applicant and is the minimum necessary to overcome any subject to the following<eo ditions: 1) This variance is based on the application for a variance and documents submitted by the applicant; including maps, plans, surveys, and other documents submitted in support of"the applicant's request for a variance. Deviation from any of the above documents submitted in supp rt of the request for a variance regarding the work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect and 2) the requisite building permit shall be obtained within six (6) months from the date of this public hearing. The motion was duly seconded and carried unanimously. 6. Joseph & Jean A. Meridolia for a variance of 4.78 ft to allow a dock width of 320 ft where 27.72 ft is permitted at 130 Leeward Island, Island Estates of Clearwater Unit 1, Lo ,zoned RS 8 (Single Family Residential) and AL-C (Aquatic Lands-Coastal). V 93-83 Senior Plafiner Richter explained the application in detail, stati - g the applicant wishes to construct a cradle boat lift and service catwalk on the south side of a~~sting dock at asingle-family residence. He said the dock is centrally located along the property, affected and the City Harbormaster has no problem with the standards for approval. adjacent properties should not be adversely the request. The application appears to comply Dave Griswold, representing the applicant stated the property was purchased last month. He stated he will inform the applicants of the Board~~concern regarding a large boat illegally parked in the f~.t of the property. Mr. Richter said he w~l`l'pass the information along to the Code Enforcement.Dvision. Based upon the informati~fGrnished by the applicant, Mr. Gans moved to grant the variance as requested because the applicant has substantially met all of the standards for approval as listed in Section 45.24 of the Land Development Code, more specifically because, the particular physical surroundings of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant subject to the following conditions: 1) This variance is based on the application for a variance and'`fdocuments submitted by the applicant, including maps, plans, surveys, and other documentsEsubmitted in support of the applicant's request for a variance. Deviation from any of the above doc merits submitted in support of the request for a variance regarding the work to be done with regard fo the site or any physical structure located on the site, will result in this variance being null and of no effect and 2) the requisite building permit shall be obtained within six (6) months from the date of this public hearing. The motion was duly seconded and carried http://199.227.233.29/ISYSquery/IRLF673.tmp/11/doc 12/23/2003 WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 10 of 14 unanimously. 7. H. Glaesel-Hollenback THE & H. Bertram-Nothna el THE (Publix Supermarket) for a variance of 10 parking spaces to allow 0 spaces where 10 spaces~e required at 200 Island Way, Sec 08-29-15, M&B 13.01, zoned CC (Commercial Center). V 93.=84 Senior Planner Richter explained the application in detail, stating the applicant wishes to use approximately 2,030 square feet~~utdoor space for the display of retail merchandise in the Island Estates Shopping Center. He sai there is no proposal to add the required additional parking and explained the parking space~lculations. A conditional use for outdoor uses would also have.to be approved by the Plann~~ and Zoning Board. The request does not appear to comply withf~y of the standards for annroval. Bill Adams, ~pfesenting Publix Supermarket, stated this is a very sma111o~caCion and the variance is needed to display plants and Christmas trees. He indicated he would like-for his store to participate in the upcoming Publix sidewalk sale and the sidewalk will be kept orde lr y and neat. Discussion ensued regarding what was done previously and at is allowed now. It was indicated materials were displayed outdoors before the Code Enfor ement crackdown on outdoor displays on Clearwater Beach. In response to questions, Mr. Richter stated bu finesses do not need variances to have outdoor displays if they have adequate parking to support th~ quirements. He said the applicant does have othe~r °options. It is possible to obtain a temporary 30-day permit for outdoor retail sales, as is done by ChristrTias tree lots. Based upon the information furnished by the applicant, Mr. Gans moved to deny the variance as requested because the applicant has not demonstrated he has met all of the standards for approval as listed in Section 45.24 of he Land Development Code because no unnecessary hardship was shown; the variance is not the min um; the request for the variance is based pr~ arily upon the desire of the applicant to secure eater financial return from the property an~~he granting of the variance would violate the general~spirit and intent of this development code as.,<expressed in Sections 35.04 and 35.05. The motion was~uly seconded and carried unanimously. 8. Robert E. Heilman & Heilmans Restaurants, In~4=leilman's Beachcomber Restaurant) for a varian~ of 32 parking spaces to allow 0 spaces where 32~spaces are required at 447 Mandalay Ave, Cle~a Beach Park 1st Add, Blk B, Lots 16-23, anw Gated alley, Clearwater Beach Park Replat of 'SL Hdd, Blk A, Lots 12-15, zoned CB (Beach Commercial). V 93-85 Senior Planner Richter explained~the application in detail, stating the applicagt~wishes to create a "wine room", expanding the alcoholic~beverage sales area of an existing restau~a~on Clearwater Beach. He stated the increased floor area requires additional parking and expla~ne~d the calculations. The City Traffic Engineer does np~upport any variance to the parking requirements on Clearwater Beach. However, staff recommended approval based on a proposed co~e amendment which would revise the parking regulations for alcoholic beverage sales uses. Mr. chter explained the calculations, stating if the proposed amendment is adopted, the existing parkin at the restaurant will meet the requirements. Harry Cline, attorney representing the owner/applicants, made a general statement regarding the proposed ordinance and an overview of the=-al5plicant's project. He said they wish to expand into approximately 2,500 square feet of an old motel in the center of their property. This will be used as a cooled storage area for wine, bathrooms and as much seating as the code will allow. Due to the nature of http://199.227.233.29/ISYSquery/IRLF673.tmp/11/doc 12/23/2003 WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 11 of 14 the surrounding area, the property can never b~xrpanded. He said, with over 75 percent of food sales, the business is a restaurant, not a bar, regardless of the type of license held. Mr. Cline discussed the parking regfiirements associated with the restaurant's 4COP license, how they would change under the propos~ ordinance. He stated the facility can actually accommodate more parking than there are physical spaces on the site, due to a unique system of valet parking. He said all of the restaurant's parkingfis handled on site and this will be a positive upgrade, with aesthetic benefit to the area and no n~-ative impacts regarding light or noise. He responded to gene~q-~tions regarding the license and,seatin~. Mr. Heilrfian spoke regarding the uniqueness of the request: 1) the value system of parking which allows foiover 100 cars at one time; 2) the intent to preserve the charm hand materially benefit the area; 3) to improve the present building and the landscaping and 4) the.-o`hjective to redistribute the customer base. While food service will remain the focus, much of the ne~v structure will be for visual, temperature controlled storage of their wine inventory. In response to questions, Mr. Heilman stated there may be 50 to 65 seats in the new area which~will be a bistro/wine bar and serve appetizers. He explained the valet parking arrangement. Mr. Richter noted the more rimes{rictive parking requirements were put into eff~ti~fthe late 1980's because of some alcoholicfbeverage establishments packing in customers~and violating fire codes. He contrasted that type of,facility with the Heilmans restaurant, indicating~the more restrictive requirement does not seem to apply in this case. In response to a question, he explained the calculations involved in the 50 perce~p~king reduction on Clearwater Beach. The applic/ants were commended for the improvements they have made to their property and it was felt their establishment has been a credit to Clearwater Beach for a long time. Based upon the information furnished by the applicant, Ms. Whitney moved to gr-a~the variance as requested because the applicant has~s~ stantially met all of the standards for~approval as listed in Section 45.24 of the Land Development Code, more specifically because~he variance arises from a condition which is unique tosthe property and not caused by the owner or applicant and is the minimum necessary for them to be able to develop the property as they~vvould like subject to the following conditions: 1) This va-riance is based on the application fora variance and documents submitted by the applicant, includ ng maps, plans, surveys, and other~d currents submitted in support of the applicant's request for a variance. Deviation from any of the above documents submitted in support of the request for a varian~regarding the work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect and 2) the requisite building permit shall be obtained within six (6) months from the date of this public hearing. The motion was duly seconded and carried unanimously. 9. Clearwater_Bay Marine Ways,_Inc.(Adventure_Seaw_ays Corp/The Majestic) for a variance of 81 parking spaces to allow 128 spaces where 209 spaces are required a 900 Osceola Ave N, J.A. Gorra's Sub, Blk 2, Lots 2 & 3, and part of Lot 1, and filled submerged land on west, submerged land and riparian rights, Sue Barco Sub, Lots 13, 14, 23, part of Lot 22, and vacated Nicholson Street, filled submerged land on west, submerged land and riparian rights, zoned CR 24 (Resort Commercial) and AL- C (Aquatic Lands-Coastal). V 93-86 Senior Planner Richter explained the application in detail, stating the applicant is requesting a variance to the parking requirement for the operation of the Majestic Empress ®~I Cruise L~ 4 Line I~. The http://199.227.233.29/ISYSquery/IRLF673.tmp/11/doc 12/23/2003 WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 12 of 14 applicant estimates 30 percent of the cruise passengers arrive and depart on buses, which will not be parked on-site during the cruise ~* C~~=~ time. The applicant indicates 100 to 125 additional parking spaces will be developed across from the marina between Osceola and North Fort Harrison Avenues within six to nine months. Mr. Richter explained the parking calculations, stating if additional parking is found to be necessary, staff will work with the applicant to provide off-site facilities in the nearby vicinity or City-owned properties. It is felt the proposed use will be beneficial to the City in general. Staff recommends approval. In response to a question, Mr. Richter stated a conditional use for alcoholic beverage sales and marina expansion was approved at the previous day's Planning and Zoning Board meeting, subject to 17 conditions. He distributed copies of these conditions. Espen Tandberg, representing the owner/applicant, stated placing the Majestic Empress here will be a good addition to commerce of the area without any undesirable impacts. He stated there is a lease with the Clearwater Bay Marina and he agrees with the staff report and recommendations. Tom Radcliffe, representing the owner/applicant, displayed an aerial view of the existing site, explaining what is existing and what is being proposed. He demonstrated where existing boat slips and trailer boat storage will be eliminated. The Marine Ways, 54 enclosed boat slips, fuel docks, outdoor sales and service, a dive charter and a sailing charter will remain, along the with the 600 passenger cruise ship. He stated he researched the entire State and could not find where there are any code provisions for parking relating to cruise ship operation. In response to a question, Mr. Tandberg stated the ship is registered at 94 gross tons, draws six feet of water and is completely self-contained. It meets Coast Guard specifications and is designed and built in Indiana, to come into smaller areas like Clearwater. There is sufficient water in the basin to accommodate the ship and 24-hour security is provided for the vehicles parked on site. Discussion ensued regarding the parking and traffic situation. It was indicated there will be police to direct traffic. One letter in support was read into the record. Three citizens spoke in opposition to the application as follows: Mark Hatoum, 303 Cedar Street, requested the Board consider the traffic impact on the neighborhood, noise and air pollution and inadequate parking conditions of the proposal. He expressed concern the City has not done adequate traffic studies and the Planning and Zoning Board condition regarding a wall to buffer noise is too vague. He requested having the applicant agree to have parking as far away from the residential area as possible. Vicki Morgan, 301 Cedar Street, stated, by choosing this location, the applicant has created aself- imposed hardship because there are other sites which could be used. She stated her husband is a physician, frequently on call, and it is important that his route to the hospital not to be blocked by traffic. She felt the traffic, noise and the late-night party atmosphere created by the passengers will adversely impact the residential area. She stated the applicant should wait until Pier 60 opens and locate there. Phoebe Allen, 806 North Osceola Avenue, said she and her husband Fred Allen, operate a commercial sailing charter from the marina and a wedding business in the area. She felt tour buses are smelly and http:// 199.227.233.29/ISYSquery/IRLF673.tmp/ 11/doc 12/23/2003 .~ WinWord Document: DEVELOPMENT CODE ADJUSTMENT BOARD Page 13 of 14 dirty and would not have a profitable relationship with the existing businesses in the neighborhood. She questioned where the proposed additional parking is to be provided at the end of the six-month trial period, and the purpose of changing the direction of North Osceola Avenue. She said her sailboat draws only four feet of water and they cannot get out into the Intercoastal Waterway at low tide. Tom Radcliffe spoke in rebuttal to the opposition, stating very little data exists for the impact of an operation of this size; however, a comparable operation in John's Pass Marina has experienced no problems. He stated the hardship is not self-imposed because there is not another marina in Clearwater which would accommodate this operation. He said ample studies of water depth have been done and the ship does not need to turn around in the basin. Mr. Radcliffe said the traffic situation has been thoroughly studied by the City traffic engineers; however, does not affect this request for a parking variance. The applicant is looking at all alternatives for parking in the area. Discussion ensued regarding the proposed bus traffic and parking needs. Mr. Tandberg stated he has no problem with the recommended conditions and he hopes anyone with concerns will come to him during the trial period because he is willing to cooperate. He said the operation will employ 150 people who will locate in this area, park off-site, and contribute to the tourism and economy of the City. Discussion continued regarding the application. Bringing entertainment to the area was felt to be beneficial to the citizens and to the economy of the City. Having asix-month trial period and working the City to provide additional off-site parking were felt to be positive aspects. However, it was felt the parking shortage, the late hours and the party environment would seriously impact the area. Based upon the information furnished by the applicant, Ms. Whitney moved to deny the varianee~a~ requested because the applicants have not demonstrated they have met all of'the"standards-for~approval as listed.in_Section 45,24_of_the Land Development Code because tliere is rio condition which is unique to the property; no unnecessary hardship was shown; the hardship was caused by the owner or applicant; the variance is not the minimum and the granting of the variance would adversely affect the public health, safety, or~venie ecn or general welfare of the community and would violate the general spirit and intent of this development code as expressed in Sections 35.04 and 35.05. The motion was duly seconded and'upon th ve ote being taken, Mses. Martin, Whitney and Mr.,Plisko voted "aye"; Messrs. Gans and Johnson voted "nay". Motion carried. ~ " ~j ~~ 'Z pC~,vt l ~. ~, _y 10. John Hancock Life Ins Co (The Wine Vault) for a variance of 20 seats to allow a minimum of 30 seats where 50 seats are required at 2556 McMullen Booth Rd, Sec 28-28-16, M&B 33.02, zoned CC (Commercial Center) and OL (Limited Office). V 93-87 ~~ senior Planner Richter explained the application in detail, stating the applicant wishes to conduct wine tasting seminars in an existing retail liquor and wine store with a 4COP license. In view of the small size of the establishment, the variance to the seating requirement is needed to allow on p emise consumption. He stated. the parking requirement is not affected by the additional activity within the store and staff recommends approval. ~ ~~ Michael Kwasin, representing the applicant, stated the proposed wine tastings are controlled, it-down events. He stated according to his experience as a school teacher, the best size for a group oft 's type is 20 to 25 people. H~presented photographs of the interior of hs~retail liquor store. Based upon the information furnished by the applicant, Mr. Gans m8ve~d to grant the variance as .~ .~ http://199.227.233.29/ISYSquery/IRLF673.tmp/11/doc 12/23/2003 ~~ WinWord Document: MINUTES WinWord Document: MINUTES Page 1 of 6 Previous D Next D t First. Hit Native Wi W d View I Back to R l New Help ocument ocumen n or mage esu ts .Query MINUTES PLANNING & ZONING BOARD ME TE ING Ti~ESDAY;'FEBRUARY 15, 1994-= 2OO.Pl~I PLEDGE OF ALLEGIANCE I~~i(~ CU9y-~3 Cournfra~i~, u~ ~~ INVOCATION (~~JZ~~vI ~ ~~~~ ~~~~ ~ C' - d Members Present: Chairman Carassas, Messrs. Bickerstaffe, Keyes, Mazur, Merriam Members Excused: Savage, Ms. Martin Also present: Scott Shuford, Planning Manager Vickie Davenport, Recording Secretary Chairman Carassas outlined the procedures for conditional uses and advised that anyone adversely affected by a deer on 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. ITEM ~_lF A. APPROVAL OF MINUTES ~,,,,-- Motion was-made by Mr. Keyes, and seconded by Mr. Bicker staffe to approve the minutes of February i 1, 1994:~Motion carried unanimously (5 to 0). ~/B. REQUESTS FOR EXTENSION,.DEFERRED AND CONTINUED ITEMS: 1. Goral Tov, Ltd (Musicana-Dinner Theatre) to permit on-premise consumption of beer~'~~~d liquor (new license) atd-560-G McMullen Booth Rd, South Oaks Fashion Square t'1, zoned IPD (Industrial Planned-Development). CU 94-06 /'~~ Mr.~ord gave the background of the case and presented, in w'r'iting, the staff recommendation. Applicant, John Lashay, Cocoa Beach, FL., was pr-went. He stated he has a dinner theatre in Boca Raton, and he will be running the same tyEe,of`business here. Mr. Lashay stated that he hires students or http://199.227.233.29/ISYSquery/IRLF673.tmp/8/doe 12/23/2003 ~~' WinWord Document: MINUTES recent graduates from schools of music for the There will be a 400 maximum seating area, any Page 2 of 6 ~; and auditions 3,000 to 5, 000 singers a year. will be serving an ala carte dinner at the tables. There were no persons present to speak i~n'favor of or in opposition to this request. Motion was made by Mr. Keyes and seconded by Mr. Bickerstaffe, for approval of this regest subject to the following 3 conditions: 1~)`The applicant shall obtain the requisite building permit within six months from the date of this public hearing; 2) The applicant shall obtain an occupational license within 10 days after issuance of a certificate of occupancy; and 3) There shall be no outdoor speakers. Motion carried unanimously (5 to~0). C. CONDITIONAL USES: 1. John Hancock Mutual Life Ins. Co. (Toniwood Indus~r~e's/Bentleys) to permit on-premise consumption of beer, wine and liquor (business ownership change) at 2550 McMullen Booth Road, Sec (,~28-28-16, M&B 33.02, zoned CC (Commercial enter) and OL (Limited Office). CU 94-11 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Jean Claude Gerard, 42~anor Blvd., Palm Harbor, was present. He stated he has been running the business for one month with no problems. There were no persons present to speak in favor or in opposition to this request. Motion was made by~1Vlr. Bickerstaffe, and seconded by Mr. Keyes, to approve this request subject to the following condition: The applicant shall obtain the required occupational~license within six months of this public hewing. Motion carried unanimously (5 to 0). 2. Ellis Co L~`td (HANS Service Center) to permit package sal~e Hof beer and wine at 2201 Gulf-to-Bay Blvd, See~8-29-16, M&B 32.04, zoned CG (General Com~fnercial). CU 94-12 Mx. huford gave the background of the case and pr~es~d, in writing, the staff recommendation. Discussion regarding parking ensued and a oon° dition was added to the staff recommendations. regards to the separation distance variance ensued. It is now a Citgo gas service station with 3 bays with a convience type store, closing at~l`~0:00 p.m. on week days. Mr. Astrom stated he had a similar store in Largo for five years. /~ Applicant, Hans Astrom, 787 San Sal~dor, Dunedin, was present. Discussion with the applicant in There were no persons present to speak in favor or in opposition to this request. Motion was made.by Mr. Merriam, and seconded by Mr. Bickerstaffe, for approval of this request subject to the following conditions: 1) The applicant shall obtain ther required occupational license within six months from the date of this public hearing; 2) The alcoholic beverage sales shall be restricted to package sales with no on-premise consumption of alcoholic beverages; and 3) The applicant shall obtain a separation distance variance from City Commission. Motion carried 4 to 1 (Mr. Mazur against). 3 Clearwater Bay Marina, Inc (Adventure Osceola Ave. N., J.A. Gorra Sub, Blk 2, L~ gay Corp) to pe_ rm_ it -non- commercial pay & 3 together with Sue Barco Sub, part o 1, Lots 13, http://199.227.233.29/ISYSquery/IRLF673.tmp/8/doc 12/23/2003 ~,` WinWord Document: MINUTES Page 3 of 6 14, 23 and part of Lot 22 and vacated Nicholson Street together with filled submerged land, submerged land, and riparian rights and F.T.. Blish's Sub, Lots 1,2,3.,8,9, 10 together with the rest of Sue Barco Sub, Lot 1, zoned CR 24 (Resort Commercial), AL/C (Aquatic Lands/Coastal), and CN (Neighborhood ~--- ; Commercial ). CUr94"1,3~; Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Discussion ensued on the two letters in their packets regarding this request. Applicant, Mr. Sandy Lloveras, 21938 Hwy U.S. 19, was present. He stated that the only problem he has with the conditions as stated by staff are #5 and #10. Discussion ensued on the wall (on the north side and also on the south boundary) being built, and the parking addition, between the board members and Mr. Shuford. Mr. Lloveras stated that the construction time schedule is not long enough, and the permitting takes time too. Mr. Shuford suggested an amendment to change the May 1st date to an August 1st date, stating that it usually takes 90 days, and along with Clearwater's permit process, they also have the County, and DOT to go through. Mr: Lloveras stated that in regards to condition #10, the buffer will be a little below the 10' buffer, because of an encroachment. Board discussion ensued regarding changing the time frames to the conditions and also regarding the proposed parking addition. Mr. Shuford stated proposed revisions to conditions #5 and #10. L.J. Thibedeou, 7500 South, St. Petersburg. He is the Director of Public Relations for Empress - d Cruise - ~ Lines - . In answer to a question from the board, he stated that they expect about 300 people, which equates to possibly 100 cars, plus busses. He stated that he was confident of the August 1, 1994 time frame. There were no persons present to speak in favor of this request. The following person were present to speak in opposition to this request: Fred Allen, 806 N. Osceola, was present. He stated he is not in opposition to this request, just has concerns about the entrance and how far south it was and concerned about some trees. Mr. Lloveras stated that he thinks they can construct the wall by March deadline and stated that the change to condition #10 is satisfactory. Howard LaVasser, 910 Bayshore Blvd., Safety Harbor, was present. He is the owner of the marina property. He stated that he is aware of the noise concerns and the parking situation. Mr. LaVasser stated that he is working toward a solution. Discussion ensued with board members regarding time extensions and regarding the entrance on Ft. Harrison Avenue. Motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe, for approval of this request subject to the following conditions: 1~,The applicant shall obtain an occupational"license wth two months of this public hearing; 2r) Th~l~.cant shall dbtain a variance to the parking regulations, or otherwise meet City parking requirements; 3)~Approval "shall be for consumption on premises on the ship only, and sale and distribution of alcoholic beverage~lall not occur until after the ship leaves the dock; 4.) The applicant shall obtain an alcoholic beverage separation distance variance from the City Commission; The applicant shall complete all proposed site work associated with the parking facility by October 1, http://199.227.233.29/ISYSquery/IRLF673.tmp/8/doc 12/23/2003 ~- WinWord Document: MINUTES Page 4 of 6 1994; the construction of the walls screenin the northernmost and southernmost residential properties, shall be accomplished by March 31, 1994.;~6~There shall be a six month trial period from the date of the original approval (12/02/93) to determine if the site design, traffic routing and proposed parking lot managemm~ent techniques are effective.~handlin trg affic generated b~-the. use; and if the hours of operation, site lighting and uffering are sufficient to make the use reasonably compatible with surrounding properties; Environmental Management will .require stormwater retention, landscaping of the shell parking to be paved; landscaping of the Osceola Avenue buffer; provision of a spill contingency plan; and copies of soundings and Army Corp of Engineers correspondence regarding navigation access and maintenance dredging activities prior to the issuance of a certificate of occupancy; ~8)~The cruise ship shall be berthed by 12:30 A.M. midnight 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;~)~All in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the Memorial Causeway bridge; 10 The applicant shall erect a six foot tall brick or painted and stuccoed concrete block wall along the northernmost property and the southernmost property adjacent to the adjoining residential uses except for the residents who are opposed to having the proposed wall obstructing their view of the marina and harbor, maintaining; to the extent allowed by site conditions, a 10 ft. landscape buffer in this area.;~l_,1)~There shall be no outdoor entertainment in 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.;~12)', There shall be no outdoor ship or site cleaning operations between the hours of 8:00 P.Mgand .+~'- 7:00 A.M.~ 1~Site lighting shall be directed downwards and away from all adjoining propertiesl4~ There shall be no storage of boats in the paved parking spaces or travel aisles 15 The North Osceola Avenue entrance and the eastern entrance from the Seminole boat launching facility shall not be used unless determined necessary for vehicular access by the Traffic Engineer or Fire Marshal, with the primary concern being public safety rather than on-site traffic circulation convenience;~6~The cruise ship shall be enclosed and all entertainment shall occur within the enclosed space of the cruise ship while in the marina;~ 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; 18)~A certified site plan shall be prepared and submitted for review and finalization by the Development Review Committee by May 2, 1994; and 9') The proposed marina noncommercial parking lot expansion shall be reconsidered by the City Commission with regard to the alcoholic beverage minimum distance separation variance which was granted December 2, 1993. Motion carried unanimously (5 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANN~°~]~ AGENCY REVIEW: 1. 3000 Gulf-to-Bay Blvd~llam Brown's Bayview, part of Lots 1 previously annexed into-the City of Clearwater consisting of app ox: property (W/il~d~er~ Corporation of Delaware). A 93-29; LU,P~93 42 LUP:,Resid" ential Low Medium ZONE: RMH (Mobile Home~esidential) Mr. Shuford gave=the background of the case-and Mr. Mazur left the meeting and did not participat~n this vote. Applicant not present. & 2, an t 181ess that portion ely the north 278 ft of subject the staff recommendation. http://199.227.233.29/ISYSquery/IRLF673.tmp/8/doc 12/23/2003 WinWord Document: PUBLIC HEARING BEFORE A HEARING OFFICER .I,. _ .~. 2ft~l~~ WinWord Document: PUBLIC HEARING BEFORE A HEARING OFFICER Page 1 of 4 Previous D Next D First Hi Native Wi W d Vieg I Back to R l NQew Help ocument ocument t n or ma e esu ts x uei PUBLIC HEARING BEFORE A HEARING OFFICER February`17-1994 = 3:05 p• Clearwater Bay Marine Ways, Inc. (Adventure Seaways Corp/The Majestic) Hearing Officer: J. Lawrence Johnston Also Present: Miles A. Lance, Assistant City Attorney John Richter, Senior Planner Susan Stephenson, Deputy City Clerk IQd/~lfa b~ll~ (~1~ `1~3 _~a~a o~V~ ~- ~ ~ Issue: Clearwater_Bay.Marine Ways,.Inc._(Adventure-Seaways~Corp/The~Majestic) for a variance of parking spaces to allow 128 spaces where 209 spaces are required at 900 Osceola Ave N, J: A: Gorra Sub, Blk 2, Lots 2 & 3, and part of Lot 1, and filled submerged land on west, submerged land and riparian rights, Sue Barco Sub, Lots 13, 14, 23, part of Lot 22, and vacated Nicholson Street, filled submerged land on west,zsubmerged_land and riparian rights, zoned CR 24 (Resort Commercial) and AL- C (Aquatic Lands-Coastal). V 93-86 DOAH Case No. 93-7070 Appearances: David Bacon, attorney representing appellant Espen Morgan Tandberg, representing appellant Exhibits Submitted: Drawing of site with last revision date of 11/9/93 as well as items submitted in letter to Division of Administrative Hearings dated 12/9/93. The Hearing Officer acknowledged receipt of the tapes, application, excerpts of minutes from the Development Code Adjustment Board, etc. David Bacon clarified that the original request was for a variance of 81 parking spaces but this was reduced to 62. In his opening statement he pointed out that the ship is docked at an existing marina not previously used for a cruise ship. A conditional use was approved with conditions, one of which was to obtain a variance to the parking requirements. The request was approved'with a 3-2 vote.~~ _ , http://199.227.233.29/ISYSquery/IRLEOBS.tmp/3/doc 12/22/2003 WinWord Document: PUBLIC HEARING BEFORE A HEARING OFFICER Page 2 of 4 .- . Miles Lance stated the Development Code Adjustment Board denied the variance request on the basis that it is not unique, there is no hardship; the request is not the minimum, it would adversely affect the public health, safety, order, convenience, or general welfare of the community and violates the general spirit and intent of the code. Tom Radcliffe, engineer representing the owner/applicant, stated he was involved in the site planning. The plan was last revised on 1/3/94. He stated the Majestic carries 600+ passengers and the Crown Empress carries 400+ passengers. The Majestic has never been docked at this facility. This is a small marina that had been neglected and was not set up for this type of operation. He stated that the Clearwater Code does not have any provisions for parking requirements for cruise ships. A member of their firm contacted other municipalities to see what their requirements were. The City of Miami suggested 3 spaces per slip. The Crown Empress has been docked at John's Pass and the trip generation history from that operation was used to estimate the parking needed. In discussions with the Pinellas County Planning Council they accepted one space for every three passengers to calculate the traffic impact fee. Every parking space generates four trips per day as the ship goes out twice a day. Discussion ensued as to the proportionate reduction in parking for the smaller cruise ship. It was stated that they used an average of 140 cars per cruise plus three buses to determine the parking. Mr. Radcliffe stated that 30% of the passengers arrive by bus. He used the drawing submitted to show the existing marina, the boat slips, retail area, and parking. He stated the conditional use and alcoholic beverage distance separation were approved. Prior to requesting the variance they met with Lou Hilton, Planner II for the City, who suggested they look at the use as a restaurant in order to determine the parking requirements. They had no indication there was any problem and the staff report recommended approval with conditions, all of which the applicant was agreeable to. Empress ~ Cruise ~ Lines ~- is a tenant and they have no authority to eliminate any uses on the property in order to reduce parking requirements for the marina. Without the parking variance they cannot operate the Majestic because no other lands are available in the area that can be used for parking. Mr. Radcliffe stated the plan was designed with the use of the Majestic in mind. In response to a question from Miles Lance, Mr. Radcliffe agreed and Mr. Bacon stipulated that the Pinellas Planning Council's acceptance of figures to determine the traffic impact fee was not binding on the City. Upon questioning by Mr. Lance as to how the parking requirements were calculated, Mr. Radcliffe stated the following: 27 spaces for the existing marina, 4 spaces for dive charters, 2 spaces for sailing charters, 17 spaces for retail area, 12 spaces for work bays, and 200 spaces for the cruise ship based on 1 space per 3 passengers. A plan was prepared for use of the Crown Empress which included an additional parcel of land and which did not count spaces in the maintenance area. The use of the Crown Empress would generate a daily passenger load of 900 people as opposed to 1200 people if the Majestic is used. In response to a question, he read the three conditions recommended by staff should the Board have chosen to grant the variance. Discussion ensued regarding the third condition which stated if additional parking is deemed necessary by the City, the applicant will develop additional parking, lease parking from the City, or provide an alternative acceptable to the City. Mr. Radcliffe stated they were under the assumption that after the six month trial period a permit would be granted. The Hearing Officer asked for clarification as to how the determination was made to establish parking http://199.227.233.29/ISYSquery/IRLEOBS.tmp/3/doc 12/22/2003 WinWord Document: PUBLIC HEARING BEFORE A HEARING OFFICER Page 3 of 4 r requirements based on 3 passengers per parking space. It was explained this was the result of the City using an arbitrary number based on general recreation services and uses. There is an anomaly in that at peak 30% of the passengers are coming by bus rather than by car. Espen Tandberg, Vice President of the Corporation, stated the Crown Empress holds 470 passengers and the Majestic has a capacity of 600. They operate at peak capacity approximately once a week and the remainder of the week they operate at 50 to 60% capacity. They have been discussing this matter with the City for approximately two years. They are presently in violation of their lease at John's Pass by mooring the Majestic there and moving the Crown Empress to Clearwater. He relocated the Crown Empress to Clearwater to mitigate his losses but it must be returned to Treasure Island. In response to a question from Mr. Lance regarding the lease violation, Mr. Tandberg stated he was notified that relocating the Crown Empress was in violation of his lease. They do extensive bussing and part of the problem is that the facility was not designed for a cruise ship. Mr. Tandberg stated the Majestic was purchased and reconfigured specifically to sail from Clearwater. He did not expect to encounter any problems although he knew he needed a variance. The variance is based on negotiations with the City and they thought it would be approved. In response to a question, he stated the lease for John's Pass specifically names the Crown Empress. He indicated that the Majestic has less draft than the Crown Empress. He acknowledged that the Marina at John's Pass is not designed to accommodate a ship like the Majestic. The Hearing Officer inquired as to why Mr. Tandberg's authority to dock the Majestic at John's Pass was only temporary. He responded that the City of Treasure Island was aware of his need to obtain a variance in Clearwater and of the business he was bringing to their community so he was given authority to temporarily dock the Majestic at John's Pass. John Richter, Senior Planner with the City, discussed the Code sections regulating parking and pointed out that a section of the Code authorizes the Code Administrator to determine a formula for parking if none exists for a specific use. Staff determined that Section 42.34(6)(D)( 2)(c) regarding public or private recreation appeared to apply in this case. Mr. Lance called Vicki Morgan as a witness. Mr. Bacon objected on the basis that this is not a denovo hearing and if she did not testify at the hearing before the Development Code Adjustment Board, he did not feel she should be allowed to testify before the Hearing Officer. The Hearing Officer explained that Section 36.065(6)(A) does not clearly state that it is a denovo hearing but states the Hearing Officer shall review the record that was before the Board and allows additional information to be presented before the Hearing Officer making it a hybrid process. Following a brief discussion, it was noted that she did speak at the hearing before the Development Code Adjustment Board. It was determined that her testimony was permitted. Vicki Morgan stated she had objections to the operation from the beginning. She pointed out that they do not meet criteria #4 for granting a variance which relates to achieving a greater financial return and felt the decision of the Development Code Adjustment Board should be upheld. Considerable noise is generated by the operation and they are in violation of parking regulations as they are stack parking. She expressed concern regarding their hours of operation suggesting they return at 11:00 p.m. on weekdays and midnight on weekends since this is a single family area. She inquired as to why they cannot provide off site parking. She pointed out that one of the conditions of the approval of the conditional use was to construct a wall on one of the nearby properties within 30 days which was not done. She did, however, http://199.227.233.29/ISYSquery/IRLEOBS.tmp/3/doc 12/22/2003 WinWord Document: PUBLIC HEARING BEFORE A HEARING OFFICER Page 4 of 4 ~e .~. acknowledge that there was a problem regarding ownership of the property and that is why the construction of the wall has been delayed. She feels the hardship is self-imposed and that the applicant should have checked City Codes prior to purchasing the ship. Mr. Tandberg stated that he has not been notified that he is not in compliance with the conditions and has not been cited. He stated there have been numerous inspections, including building and fire. Mr. Radcliffe also stated that when they made arrangements to put in the wall it was discovered there is a discrepancy regarding ownership of the land where the wall is to be placed. In lieu of closing statements it was agreed that the attorneys would submit a proposed order within ten days of the hearing. The Hearing Officer stated he would make his decision within 45 days of today's hearing. Hearing adjourned at 4:43 p.m. MINHO02C.94 Clearwater Bay Marine Ways, Inc. Ask me about ISYS http://199.227.233.29/ISYSquery/IRLEOBS.tmp/3/doc 12/22/2003 WinWord Document: MINUTES l~~ l~ ~+ WinWord Document: MINUTES Page 1 of 7 Previous D Next D t First Hi Native W W d View I Back to R l New• Help ocument ocumen t n or_ mage esu ts y Qte_... _.. MINUTES PLANNING & ZONING BOARD MEETING TUESDAY,IVIAY 1 17 994 - 2:00 PM '~-- ~ __ PLEDGE OF ALLEGIANCE INVOCATION i~~~ ~r~z ~+~~ Members Present: Chairman Carassas, Messrs. Keyes, Mazur, Merriam, Ms. Nixon Members Excused: Martin, Bickerstaffe Also present: Scott Shuford, Planning Manager Vickie Davenport, Recording Secretary 3~ ~~ Chairman Carassas outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning.Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. *p ITEM A. APPROVAL OF MINUTES -None. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED"ITEMS: None. /~ C. CONDITIONAL USES: ,• 1. TRIAL PERIOD REVIEW -Russell Dilley, Jr., ~E & Barbara J. Dilley, TRE, Dilley Family 57 stlClub Personality, Inc. (Personality's), 2~6`US Hwy 19 N., Sec. 18-29-16, M&B-1`4.11, CU 93- ~~ Request - To permit on-premise consumption of beer and wine (new Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. http://199.227.233.29/ISYSquery/IRLF673.tmp/10/doc 12/23/2003 WinWord Document: MINUTES .. Page 2 of 7 J Applicant, Gregg Rose, 20866 US 19 N, was present. Joshua Foster, 20866 US 19 N, who is the manager, was also present. Mr. Foster stated they would like to be considered NOT adult, which was the reason for the letter by Mr. Rose. He stated they have had no problems with the business, except that there were two break-ins, which occurred after hours. Mr. Foster stated that when the adult use ordinance became in effect, they notified their dancers regarding their garments. Discussion regarding the following ensued: ad~`lt use ordinance, zoning districts that allow adult uses, and the separation of the patrons to the da ers. There were no persons present to sp`" eak in favor of this request. The following persons were present to speak in opposition to this request: Rev. Father Jim Karajas, Associate Pastor of Holy Trinity Church, 2405 Hawk Ave, Palm Harbor, was present. The Reverand's objections were having these places near church-boundaries. He talked briefly about morality and the effects on our children. Manual Kastrenakes, 1780 McCulley Road, was present.,~His concerns are the same as the Father's. He stated that a few months ago a man was found in the,,back lot with a bullet hole in his leg; he doesn't know if this man came from this establishment or-riot, but it is a concern. He doesn't want the children of ~' their church given a wrong message to having an establishment like this so close to a church. Property owner, Russell Dilley, Jr., 2870 Phillippe Parkway, Safety Harbor, requested-teak in support of the establishment then. Mr. Dilley stated that the man who was injuredhe knows nothing about, and he stated that the church is not adjoining this property and there is a hotel in between them so they shouldn't even be able to see the building. Rebuttal by Mr. Foster: He stated that there is no bad influence6to children, since this is inside a building, not outdoors for all to see. He stated that there i~~wo story building separating them from the church, and th~at,tiiey are not touching the property of the church. Discussion~regarding the house rules being given t~ o the board members at the six month review, and a more concise and thorough police report is requested also at the next meeting. L,Mo ion was made by Mr. Keyes, and sec' onded by Mr. Merriam, for the approval of this equest with the following conditions: 1) All permits~nd licenses issued by the City and other agenci s shall be subject to initial and continuing compliance with all applicable requirements; 2) No adult use shall be permitted; 3) There shall be no advertisement of the subject establishment on the on-site billboard; 4) There shall be no outdoor entertai~imerft, seating or speakers; 5) Approval shall b~f~ a six (6) month trial period from May 17, 1994, after which the use shall be reviewed for colance with law enforcement regulations; 6) Approval shall be for consumption on premise~nly with no package sales; and 7) A list of house rules signed by the manager and business owner(s) shall be provided to City staff as an addendum to the conditional use application. Motion carried 4 to 1, with Mr. Mazur voting nay. 2~TRIAL PERIOD_REVIEW -~Clearwater_Bay Marine Ways (Adventure Seaway Corp:); 900 Osceola Ave., J.A. Gorra Sub, Blk 2, Lots 2 & 3, part of Lot 1, filled submerged°land-ori west, submerged land and riparian rights together with Sue Barco Sub, Lots 13, 14, 23, part of Lot 22, vacated Nicholson St., filled submerged land on west, submerged land and riparian rights, CU 93-74 Request - To permit marina use; 600 passenger cruise ship, and on- premise consumption of beer, wine http://199.227.233.29/ISYSquery/IRLF673.tmp/10/doc 12/23/2003 . WinWord Document: MINUTES ~' and liquor (new license). Zoned - CR-24 (Resort Commercial) and AL/C (Aquatic Lands-Coastal) Page 3 of 7 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford passed around a copy of the original conditions and suggested a few changes. Applicant's representative, David Bacon, attorney, 2959 1st Avenue N., St. Petersburg, was present. He stated that the conditions are acceptable to them and they are trying to do as asked in order to get those accomplished . Howard Lavasseur, owner, 910 Bayshore Blvd., Safety Harbor, was present. He stated the walls have been stuccoed and painted on the Morgan's side, but the wall on the northeast property has not. Mr. Lavasseur asked if they received the letter of May 10th from him. He explained the costs of these walls being put up and they have been proceeding as quickly as they can. Mr. Shuford asked if they need longer than May 27th. Mr. Lavasseur indicated he would like to have four weeks after Mr. Queen's approval, which is an estimate. Espen Tan er 3924 Central Ave., ~ .Petersburg, was present. He was questioned regarding what the port charges are, and~'"e"~xpiai~rrec~ those to the board members. There were no persons present to speak in favor of this request. The following person was present to speak in opposition to this request: Vicki Morgan, 301 Cedar Street, was present. She thanked them for the wall, stating that it helps in the privacy area, but not for the noise level. She wanted to know who to contact in the middle of the night, when there was a problem. Mr. Tanberg stated that the number is 664-3467. Bill Held, Harbormaster, 216 Crestwood Lane, Largo, was called upon for input and answer any questions from the board. He discussed the prop dredging issue that had been brought up at the last meeting. He inquired about the status of the dredging permit for the Marina. He stated that there have been no significant problems with getting the ship in and out at the Clearwater Pass bridge. Traffic concerns were discussed briefly, along with the port charges. Mr. Lavasseur stated that they have done spoil tests for the dredging and they have applied for the dredging permit. Mr. Tanberg stated that Empress ~ Cruise E~ 4 Lines C- have never done any prop dredging and explained what happened the time they got stuck. Discussion with the board regarding the size of the ship, the draft and beam. Motion was made by Mr. Merriam, and seconded by Ms. Nixon, to approve this request/subject to the following conditions: ~ )' The applicant shall maintain continued separation distance va fiance approval from the City Commission; 2) Approval shall be for consumption on premises of 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 Clearwater Pass Bridge; ~3)!,The applicant shall complete all proposed site work associated with the parking facility by October 1, 1994; the construction of the walls screening the residential properties shall be completed by May 27, http://199.227.233.29/ISYSquery/IRLF673.tmp/10/doc 12/23/2003 . WinWord Document: MINUTES Page 4 of 7 .~ ,j 1994, except the northeast wall adjacent to the Beau Queen and Sarah Stickler property shall be completed within 30 days of the date of final wall design approval by these property owners, but in no case shall all wall construction not be completed by August 15, 1994;4) There shall be another trial period review in November, 1994 to determine if the cruise line has complied with conditions of approval;t5) Environmental Management shall be provided with all correspondence with regard to proposed maintenance dredging permitting review and approval; 6) 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;~7),All in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the Clearwater Pass bridge; 8:) The applicant shall erect a six foot tall brick or painted and stuccoed concrete block wall along the northernmost property and the southernmost property adjacent to the adjoining residential uses except for the residents who are opposed to having the proposed wall obstructing their view of the marina and harbor, maintaining, to the extent allowed by site conditions, a 10 ft. landscape buffer in this area; ~~:~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.; C1Y0:) There shall be no outdoor ship or site cleaning operations between the hours of 8:00 P.M. and 7:00 A.M.; fI`1) Site lighting shall be directed downwards and away from all adjoining properties; 12)~There shall be no storage of boats in the paved parking spaces or travel aisles`T3)~The North Osceola Avenue entrance and the eastern entrance from the Seminole Boat Launching Facility shall not be used unless determined necessary for vehicular access by the Traffic Engineer or Fire Marshal, with the primary concern being public safety rather than on-site traffic circulation convenience; (14); The cruise ship shall be enclosed and all entertainment shall occur within the enclosed space of the cruise ship while in the marina; X1-5) 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; and~6)'~A parking management plan shall be submitted by July 1, 1994 for review and approval by City staff. Motion carried unanimously (5 to 0). 3. Dennis A. & Sandra L. Treise (Homeless~gency Project, Inc.), 1200 N. Betty Lane, Fairburn Add., Blk. C, Lots 7-9, CU 94-36 ~..' ,..- Request - To permit aresidential-shelter; temporary building (use not specified ' Zoned (proposed) - CI,(Infhl Commercial) f fJlr, Mr. Shuford gave the background of the case and presented' , in writing, the staff recommendation. ~' _ r '.~ Applicant, Barbara Green, Administrator of the Homeless Project, 1101 Fairburn Ave., was present. She stated the need for added space for office use; teaching computer classes, etc., and because of-th'e great need for this in the community. The emergency shelter will be for 20 people and helping hem get into transitional housing, because they are.~allowed 30 days at the shelter. Ms. Greente~that Chief Klein will address the temporary building use issue. ,,• ,,/ The following persons were present to speak in favor of this request. ~'~~ Police Chief Klein, says they have been in cooperation with the~Coalition for the Homeless for a long time and wanted to find long term solutions. Mr. Klein stated that this 20 bed facility is not near enough, but it is a temporary solution to this problem. Discussion regarding using young people in public service jobs and having their tuition reimbursed, which they are starting a venture with SPJC. http://199.227.233.29/ISYSquery/IRLF673.tmp/10/doc 12/23/2003 • - ~u 9~-~7y~ ~o~ M~,~ WinWord Document: CITY COMMISSION MEETING Previous D t Next D t : First : Hit : Native Wi W d View ~ I Back to R l New Help ocumen ocumen n or , mage ; esu ts uer = CITY COMMISSION MEETING November 3_,_1994 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, November 3, 1994 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Fred A. Thomas Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Elizabeth M. Deptula ity Manager Kathy S. Rice eputy City Manager William C. Baker Assistant City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father Jim Karagas of the Greek Orthodox Church of the Holy Trinity. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.. ITEM #3 -Service Awards -None. ITEM #4 -Introductions and Awards -None. ITEM #5 -Presentations i^ . a) Florida International Museum / ~' Joe Cronin, President and CEO of°the Florida International Mus~"um in St. Petersburg, reported the five-month "Treasures of the Czars" Exhibit from the Moseo Kremlin museums will open January 11, 1995. The 90,000.square foot Florida InternationalfMuseum on the first floor of-the former Downtown St. Petersburg Maas Brothers store w~a~ot designed to house permanent collections but travelling international exhibitions. /r Some of the 12 galleries will recreate he atmosphere in which the objects were found. The Treasures -of the Czars relates the story of the Romanovs with 265 priceless~objects, many out of the Kremlin for the first time. Virtually no public money has been used for the project. Renovating the building cost/ $4-million. The City of St%Petersburg provided a third tie guarantee. /~ The Mayor thanked Mr Cronin for his report and noted the show will be exciting for the, am~ pa Bay region. She~quest/ioried if the museum still sought volunteer docents. Mr. Cronin said-tli~ ere. Most / ~ ~ r ~ ... of the training for the first show has been completed and 1,700 volunteers are being trained this weekend. The Mayor questioned if future shows had been booked. Mr. Cronin stated there was a commitment to a show in 1996, but he did not want o announce it yet. Mayor Garvey suggested negotiating a Japanese exhibit through Clear ester's sister city, Nagano. Mr. Cronin agreed there are many worthwhile international,s`hows. He stated the Russian exhibit is premiering in St. Petersburg. The Mayor noted adufi tickets are $12, senior citizens tickets are $10.75, and youth tickets for ages 5 to 16 are $5. / ITEM #6 -Approval of Minutes Mayor Garvey questioned the appointment of the High Speed Rail Task Force. Commissioner Deegan stated~he minutes reflect the Commission's agreement: Commissioner Berfield referred to page 10, 4th paragraph, and requested adding the word "was" after /Consensus. Commissioner Thomas moved to approfe the minutes of the regular meeting of~October 20, 1994, as amended. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to,approve the minutes of the special meeting of October 20, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 -Citizens ~o-be heard re items not on the Agenda Steve Saliga stated`he has tried to be an activist for the past three or four years. He expr ssed concerns that recommendations to increase the Commissioners' salaries have "fallen through'the cracks." He felt the salaryelevel is so paltry, the Commissioner act as volunteers with a smaihe retribution. He requested the Commission vote on thisissue tonight. The Mayor stated the~`Charter Review Committee reviewed the manner in which Comrriission salaries are increased and commended no changes to the procedure. ~,~ Dina Atkins said she had not received the response from the~Charter Review, Committee from t~ ty Manager. She questionedf the February 3, 1994 minuteshad been corrected. She reques ed Mayor Garvey take an oath,that her response to Mr. Elliott,~~s the truth. The Mayor agreed to put together a statement. Commis Toner Berfield believed Ms:%~tkins' father- in-law, Jay Elliott, had requested to be sworn in when he appeared in February. The Mayor indicated everything she has done has been above board: Charles Marcus stated he provide pd° roof to the October 20, 1:994 Commission meeting regarding a coverup and questioned if what he said was recorded in_,the minutes. Mayor Garvey indicated it was and read him the appropriate passage. P_UBL-IC HEARINGS __ a _..~. ~iTEM.#8---Public Hearing Six Month Trial PeriodReview-of-Alcoholic_Beverage Distance -~-- - Separation Variance for Empr`essJCruise Lines, 900 Osceola Avenue; extend trial perod'until 11/95 subject to modified conditions (Clearwater Bay MarinalLeVasseur, ` AB93 !-~ 16 ~- (CP) This is a Six Month Trial Period Review for the Empress Cruise Line's alcoholic beverage minimum distance separation variance. On June 2, 1994, the Commission extended the separation variance subject to conditions that included completion of all proposed site work associated with the parking facility by October 1, 1994. The final plan for Clearwater Bay Marina has been certified. All site improvements have not yet begun or been completed as conditioned by the City Commission. A September 28, 19941etter from Sandy Lloveras, representative for marina owner Howard LeVasseur, indicated they have submitted: the final site plan; the certified site plan; the final engineering construction plan; the traffic control plan, and the drainage plan and calculations. A permit is in process with the Florida Department of Transportation (FDOT) to allow the construction/connection of a driveway to Ft. Harrison Ave. In his letter, Mr. Lloveras indicated a permit was submitted to SWFWMD for stormwater management. Several weeks after Pinellas County accepted the application, they stated they did not have the authority to issue a Stormwater Management Permit for a parking lot expansion at a marina regulated by the Florida Department of Environmental Protection (DEP). The permit now has been in process with DEP for several months and the marina is obtaining additional information requested by DEP. The law allows the agency 90 days to issue a site construction permit once the application is ~_ considered complete by DEP staff. The site contractor is on a standby basis. Since the parking lot was not completed by the October 1, 1994 deadline, the cruise line and marina have requested additional time to complete the permitting process and be able to construct the parking lot and infrastructure systems. A letter the City received from FDOT indicated the proposed access from Ft. Harrison Ave. will be approved for one year as anon-conforming driveway with conditions. Access to the site from Ft. Harrison through the new parking lot, rather than through the Seminole Street Boat Launching Facility will alleviate many staff traffic concerns. Staff research indicates a $29,778 balance of the project's impact fees have not been paid. The initial transportation impact fee was calculated at $59,556. After 17 slips were added to the marina, the total impact fee was increased by $10,397 to $69,953. Due to continuing siltation problems within the marina basin, the City Environmental Management Group is asking a condition be imposed that a marina Dredging Permit be obtained and necessary maintenance dredging be commenced within 90 days from the date of this Commission review. The Harbormaster has received several complaints regarding groundings and a US Coast Guard report on a January 14, 1994 grounding. The Community Response Team has not received any complaints about the cruise line operation since the June 2, 1994 Commission meeting. The Commission will soon consider changes in the way alcoholic beverage approvals occur. A provision to eliminate the separation variance requirements is included in these changes. Conditional use permit approval conditions will be used to regulate the future operation of the cruise line at this location. ~~~ - ~~d~-~'~l ' Until"the separation variance requirements are eliminated`, staff recommends tfie following conditions: 1•)`The applicant shall maintain c`oritinued conditional use perrrut approval-from the4P___~ lanniri~ and ,Zoning Board; 2) Approval shall be forl~ c n mpton 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 by January 1, 1995; 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 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.; There shall be no outdoor ship or site cleaning operations between the hours of 8:00 p.m. and 7:00 a.m.; There shall be no storage of boats in the paved parking spaces or travel aisles; 9) The N Osceola Ave. entrance and the eastern entrance from the Seminole Boat Launching Facility shall not be used unless determined necessary for vehicular access by the Traffic Engineer or Fire Marshal, with the primary concern being public safety rather.than on-site traffic circulation convenience; 10) The cruise ship shall be enclosed and all entertainment shall occur within the enclosed spaces 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 "service charge" issue in its advertising, promotions, sales arrangements, employee training and ticket schedules so 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 marina dredging shall be commenced by February 1, 1995; and .1~4 ,The cruise lines shall pay the City the remaining balance of $29,778 in Transportation Impact fees, or provide adequate documentation to justify a lesser fee amount in the determination of staff, within 10 days from this public hearing. Central Permitting Director Scott Shuford stated the cruise line has met some of the conditions established by the City Commission but not all site improvements have been completed. He noted the applicant requested the completion date be tied to the regulatory process rather than a date certain. Staff prefers a date certain be established because of the length of time already passed. He noted a substantial amount of impact fees are due and recommended no change to that condition. Staff does not intend to renew the occupational license until the fee has been paid or addressed. Mr. Shuford said the applicant has not expeditiously applied for permitting to dredge the marina because they wish to resuscitate their maintenance dredge permit that has lapsed. The City advised them it would be appropriate for them to file for a new permit, pay the fee under protest, and state their reasons in writing. If DEP feels their reasons are justified, the fee will be refunded. The staff recommends a condition that stipulates the dredging must start within 90 days. Staff feels if the City supports the permit activities, the marina can meet the condition .Staff is concerned regarding the marina dredging because the ship has been grounded and silt from the marina tends to be churned up by the ship's prop wash resulting in environmental damage. He noted some slip owners in the marina have complained their slips are more shallow. Mr. Shuford noted the cruise line has been operating a year. This may be the City Commission's last opportunity to review this request because the new alcoholic beverage ordinance does away with the separation variance concept. Staff will make certain conditions established by the Commission will be respected. The City recognizes the cruise line's economic benefit to the area and the resulting revitalization of the marina. No negative comments or concerns from surrounding neighbors have been filed since June 1994. Mr. Shuford recommended action be taken on the outstanding issues regarding the parking lot and dredging. The Mayor noted the cruise line had a year to meet the conditions. She questioned if the Commission approves the staff's recommended conditions and misses their deadline, would they be out of business. Mr. Shuford encouraged the Commission to act firmly on these issues. Frank Stanonis, attorney representing the applicant, reported the Planning and Zoning Board approved a Conditional Use permit and the Commission reviewed the separation variance. In March 1994, the marina came back to include the additional parking lot. He said much has been accomplished in eleven months. Mr. Stanonis indicated it is his understanding the impact fees have been paid and all of the conditions are in compliance but two, the maintenance dredge and parking plan. A permit for the parking facility has been filed. Once the permit is in the regulatory process, no one can predict when it will be resolved. The marina has put out bids to estimate how long construction will take once the permit is issued and determined approximately 120 days will be required. He suggested there was no point in establishing a completion date that cannot be met. He requested changing Condition #3 to stipulate a date 120 days after the permit's issuance. Mr. Stanonis reported staff was to be copied on all dredging correspondence since that condition was imposed at the June 2, 1994 meeting. In January, the cruise line tried to apply for a maintenance dredge exemption but the DEP had provided the incorrect permit. The marina then took over representation on the dredging issue. He noted there were no incidents of grounding or prop dredging since January 1994. He pointed out the one complaint from the Marine Advisory Board consisted of forwarding two complaints from marina tenants that boats were stuck in the silt. Mr. LeVasseur initiated a basin study this fall. Mr. Stanonis indicated dredging is very expensive. He said it was important to determine from where the material comes and why the dredging needs to occur. Mr. Stanonis submitted Exhibit 1, the three complaints and Exhibit 2, the sounding data submitted by the cruise line in November 1993 indicating atwo-foot depth at low tide in the eastern part of the marina where there are no slips because of existing siltation problems and asix-foot depth at the cruise ship berthing area. He claimed there have not been any environmental problems and the claims of turbidity, water quality violations, and complaints are without foundation. He said the marina owner has bent over backwards to accommodate the needs of the City and neighborhood. Mr. Stanonis noted the condition only stipulated they copy the City on correspondence regarding the dredging and did not require actual dredging. The marina did not resuscitate an old permit. They attempted to obtain a maintenance dredge exemption and going to the Army Corps of Engineers and Pinellas County navigation. He questioned why the dredging posed a problem when all of the other conditions were met. He suggested confirming with the City Attorney's office regarding the length of time it takes to process permits. Tom Miller, Assistant Director Environmental, stated the environmental position was summarized in materials distributed to the Commission. He noted the two permits under discussion are for surface water management and dredging. He indicated the issue is intent. From the outset, it was recognized the cruise boat had asix-foot draft docking in a berth with a six-foot depth. The staff had expressed water quality concerns that dredging occur within the marina. In an attempt to be helpful, staff requested the cruise line provide proof of intent or a permit to indicate dredging plans for the basin were progressing. He noted a year has passed and, to date, the marina has not applied for a dredging permit but has only sent letters requesting exceptions relating to dredging upland channels. DEP indicated dredging within the basin does not constitute an exemption because it is not an upland cut channel or ditch. The marina now is outside the formal regulatory process because they have not actually applied for a permit and submitted their application fee. DEP is not required to respond and has turned the matter over to their enforcement section for review. Commissioner Deegan questioned if one of the proposed requirements from Environmental was to apply for a permit and forward evidence of the application to the City. Mr. Miller said it was. Commissioner Deegan noted the condition only stated the applicant had to provide the City with correspondence. Mr. Miller indicated he did not know what happened but the original intent was for the cruise line to dredge the basin which they agreed to by letter. Commissioner Deegan noted the applicant is not satisfied with the reasoning issued by the DEP and suggested that does not prove the applicant is dragging his feet. Mr. Miller said a simple solution would be for the marina to submit a two-page application, a $500 fee, backup information, and include the arguments for a maintenance dredging in the cover letter. If the DEP agrees, they will refund the $ 500. Either way, the process would have begun. Commissioner Deegan noted the DEP did not provide a reason for denial of the exemption. Mr. Miller said DEP advised him they feel they have given adequate reason to the applicant and are not required to provide additional information because the applicant is outside the process. Commissioner Deegan did not feel the City should jump to the conclusion that the applicant has to proceed the way the City dictates and not their own way. Howard LeVasseur agreed it sounds ominous that the project has been in process for a year. He reported estimates to dredge the marina are between $300,000 and $400,000. He noted he questioned why the marina filled in within aten-year time period. He indicated three storm pipes, without easements, drain into the marina. He stated Coastal Environmental has completed a study indicating sediment in the basin has come from upland sources. He claimed the storm drains are filling his marina. He questioned why he was suddenly responsible for dredging. He stated soil analysis has been completed regarding the spoil and its removal and maintained the siltation runs out from the storm drains. He said he is not an obstructionist owner but has tried to analyze the situation. He felt the question of dredging needs to be resolved between staff, the City Attorney, and marina owner. Assistant City Manager William Baker indicated in the older parts of the City, many pipes directed to the harbor were installed 50 years ago without easements. The Mayor noted the applicant argues that the City is contributing to the siltation and should share the responsibility of dredging. Mr. Baker noted the City does not deposit siltation in any of the lines. He indicated staff sympathizes that this might occur but knew of no city where the taxpayers have accepted responsibility for the pipes. Commissioner Thomas requested a comment from the City Attorney. The City Attorney felt Mr. Baker's analysis is correct but declined to reach a legal conclusion without further study. Mr. Shuford noted the applicant has proposed that deadlines be tied to obtaining the required permits. He requested a time certain be established and noted permits can be delayed from both sides. Mr. Stanonis said he would love to know how long permits take. He felt specifying a deadline would ignore the State's regulatory process. The Mayor said the City at least needs to know the applicant has applied appropriately for the permits. Commissioner Thomas noted the applicant's attorney had stated they needed 120 days to complete the permitting process. Mr. Stanonis indicated the applicant needs 120 days to complete the parking lot once that permit, which is in its final stages, is approved. Commissioner Thomas questioned a time certain completion date on the dredging. Mr. Shuford said the applicant wants neither condition to be time certain. The applicant has indicated they will complete the work on the parking lot 120 days after they get their permit from DEP at no certain time. Mr. Stanonis stated the applicant does not know when the permit will be issued. Mr. LeVasseur said his organization has begged DEP for the permits and has diligently pursued its issuance. Commissioner Berfield questioned when the marina applied for the permit for the parking lot. Tom Radcliffe, a civil engineer with Lloveras, Baur and Stevens, stated after the meeting that established the October 1, 1994 deadline, the engineers drafted a plan and applied for a permit. Within three weeks of that application, Pinellas County advised them of a problem because the marina originally had a Department of Environmental Regulations (DER) permit which is now under DEP jurisdiction. The application for the final permit was submitted on August 15, 1994. Based on DEP assurances, he believed the permit will be issued within 90 days. Mr. Shuford explained staff recommended a January 1, 1995, deadline based on information submitted by the applicant on September 28, 1994, where the engineer indicated DEP may take an additional 90 days in the review process. He suggested the tractors can be ready to go once the permit is approved. Commissioner Thomas questioned why anyone has to obtain a permit to build a parking lot in the City. Mr. Shuford said circumstances differ here because the parking lot is attached to a marina. Commissioner Thomas questioned what would happen if the City issued a permit for the parking lot because it is in the City. Mr. Shuford stated the City is involving the State because it is part of their jurisdiction and that is the law. He understood the Commission's frustration and indicated a need for an established time period. Commissioner Thomas questioned the City Attorney if Mr. Shuford was correct regarding permitting requirements for the proposed parking lot and why the State has jurisdiction. The City Attorney indicated the State has jurisdiction based on the stormwater quality issue. The Mayor questioned if every stormwater retention area has to be approved by DEP. Mr. Baker stated all stormwater retention requires DEP approval. Mr. LeVasseur noted the proposed parking lot is across the street and not contiguous with the marina. DEP is involved because the marina owns the land. He reported his organization opened bids for parking lot construction on August 22, 1994. He indicated he is ready to build and has no reason to stall. Mayor Garvey questioned if these types of permitting typically take this long. Mr. Baker agreed it does. He said staff has never indicated the parking lot would have to be built by a specific date but that the applications for permits would have to be completed. He said staff had not seen evidence before tonight that the applicant had applied for the permits. Commissioner Deegan noted tonight staff proposed a date to complete the work. Mr. Miller stated staff's position has been that the applicant would apply for a permit and complete construction within 90 days. Mr. LeVasseur said his organization is trying to obtain a permit to build the parking lot. He questioned how the City could doubt they were not applying their best efforts. He noted they applied for permits for the project prior to their August application to the DEP. They have kept staff notified of all permitting applications. Commissioner Fitzgerald questioned if an application for the parking lot has been submitted to the DEP. Mr. LeVasseur agreed. Mr. Miller indicated it is confusing because two permits are required. The date staff chose for completion was based on a date provided by the applicant for the parking lot. Commissioner Deegan noted the Commission is aware that permits cannot be rushed. He recommended holding the applicant to a certain time period to complete the job after receipt of the permit. Commissioner Berfield questioned when the ship began operations in Clearwater. Mr. LeVasseur indicated the inaugural sailing was in January 1994. Commissioner Berfield questioned if he knew the construction of the parking lot was a requirement at that time. Mr. LeVasseur said no. That requirement was established at the April 1994 meeting. He noted the marina had requested a refund of the application fee from SWFWMD in June after Pinellas County kicked the permit application to DEP. Mr. Shuford noted the applicant chose the October 1, 1994 deadline. He realized the permit application was held up for three months through the agency confusion. He suggested establishing a January completion date would furnish them with the three months they had lost. He recommended confirming a commitment to a completion date. He indicated the parking lot area is unattractive and poorly maintained. Mr. LeVasseur felt he was handcuffed by the permitting procedure and questioned what can be done to expedite the process. He reiterated they need 120 days after they receive their permit to construct the parking lot. He stated his willingness to deposit enough money in escrow to cover the bids. Commissioner Berfield questioned why he needed 120 days when he had earlier indicated he could build the lot in 30 days. Mr. LeVasseur said the bids range from 60 to 90 days to complete construction with commencement within 10 days of notification. Commissioner Thomas suggested the bids were no longer valid. Consensus was to change condition #3 to require the completion of the parking lot within 120 days after issuance of the permit. Commissioner Thomas added the permit must remain active. Commissioner Deegan requested adding a footnote that the empty lot will have to remain tidy until construction commences. Mr. Baker stated staff, including those in environmental, do not want Mr. LeVasseur to spend money to dredge sand from his property just because it is there. He indicated he would like to find a way not to dredge. The environmental aspect focuses on problems based on the ship churning up the bottom. Commissioner Deegan said the applicant is resentful that the City has implied the prop dredging or the motion of the cruise ship has caused the problems in the other slips. Mr. Baker said the City has not taken that position but has reported on complaints alleging that has happened. Mr. Miller stated the initial study the cruise line provided the City indicated insufficient room to operate a ship with asix- foot draft without disturbing sediment. Several months later, the cruise line sent the City an additional letter with another study indicated the bottom contours under the ship had considerably changed and the bottom contours in other areas of the basin had become shallower. Based on this data, it was obvious to staff there had been some movement of the. bottom sediments .Slip owners had commented to the City that they had seen prop wash occur and believed the reason they could no longer leave their slip was due to disturbed bottoms due to the cruise ship. Mr. LeVasseur stated the Commission received depth soundings from Empress Cruise Line in November 1993. He said on January 27, 1994, a letter from the engineering firm, Lloveras, Baur, and Stevens indicated nine-feet of depth during high tide at the Clearwater Marina. He said the depth soundings presented in November were not based on a bathymetric study but on data from a simple depth recorder, which is known to be inaccurate. He said they had not tried to present scientific data, just data that indicated the dredging is a maintenance issue. He suggested if he wanted not to have slips anymore, that should be his choice. He stated a January 27, 1994, City memorandum indicated staff would monitor the ship's turbidity. Clearwater Marina has received no requests to enter the marina for information nor has the marina been cited. When he bought the marina, slips had already been lost to the stormwater outfall drain. He expressed concerns as to the source of the siltation and a resulting cure. He did not share Mr. Baker's observation that this is a world problem and the City has no responsibility. He said this serious issue needs to be addressed separately from a request for an alcoholic separation variance. Mr. Baker said because the City has an environmental commitment and believed the scouring caused a cloud, staff had wanted dredging to correct the problem. He said the City does not intend to be the judge regarding if dredging is required or not. He said the City wanted the marina to apply to DEP and have that agency determine if it is necessary. He indicated if DEP is convinced the ship's use of the marina is not harming the environment and a permit is not required, then no problem exists. Mr. Stanonis said the draft is between six and nine feet and there is no need to dredge. The Mayor agreed the marina should go through the DEP process to determine what is required. Mr. LeVasseur questioned why the marina should go to the DEP when it has never been cited for wrongdoing. He said no verification has been presented to prove the cruise ship causes turbidity. Commissioner Deegan questioned why the applicant needs to contact DEP. Mr. Baker understood DEP intends to initiate enforcement action against the marina because the cruise ship is operating there. Mr. LeVasseur said the DEP action was solely based on Mr. Miller's claim that the ship is causing turbidity. Commissioner Deegan questioned the City's Environmental Management Group's recommendation to require the marina to obtain a dredging permit. Mr. Miller said when the marina approached the City last year regarding improvements to the marina, the study they provided the City showed there was six-feet of water above the bottom and the boat drew asix-foot draft. As a result, the City could only assume the depth was insufficient to avoid turbidity. They did ground the ship as a result of their operation. He said a condition of the site plan was for the channel to be dredged. Commissioner Deegan noted the condition was to show correspondence even though the intent may have differed. Mr. Shuford questioned if condition #13 should be struck. Mr. Baker suggested DEP will address this matter as they see fit. Commissioner Deegan questioned if the City was no longer claiming it was obvious the ship is causing turbidity problems. Mr. Baker said the City was not making that claim tonight but believed it when they said it. Commissioner Thomas questioned who recommended a condition regarding the dredging be included. Mr. Baker said the City's environmental staff have sign off responsibilities on projects. When they suspected this might be a problem and discussed it with the cruise line, the cruise line indicated they would cooperate. The City is not fighting with them. He stated the City only found out tonight that the marina wanted to challenge the requirement to dredge. Commissioner Thomas questioned if prior to this time, the marina and City were cooperating and working together and now they have changed their position and state they do not have to dredge. Mr. LeVasseur stated this position is not new. He said a letter was sent to Mr. Shuford from Lloveras, Baur, and Stevens on July 27, 1994, stating the dredging was a maintenance issue and indicating they did not feel it was a cruise line issue. Commissioner Thomas questioned if Mr. LeVasseur disagreed there was an agreement regarding the marina dredging. Mr. Baker referenced a copy of letter dated November 12, 1994, that said Empress Cruise Line would dredge the marina as agreed. Mr. LeVasseur said that letter was sent by Empress Cruise Lines, three days before their right to negotiate for the marina was rescinded. Commissioner Thomas questioned if Mr. LeVasseur knew the marina was full of silt when he purchased it. Mr. LeVasseur said he understood there was some silting and two slips along the southernmost drain had been lost. Commissioner Thomas questioned if Mr. LeVasseur keeps his boat in the marina. Mr. LeVasseur said he did. Commissioner Thomas questioned if Mr. LeVasseur knew two slips were filled in with silt, did he realize silt was a problem elsewhere in the marina. Mr. LeVasseur said he did not make that assumption. When he found there was a problem, he had a study done to determine its source. Mr. Shuford stated staff has agreed to drop condition #13 and the dredging issue no longer requires discussion. Commissioner Thomas said it had not gone from his point of view. He suggested the marina be viewed with common sense. The storm pipes have been in their location for many years. He suggested when a large ship with large propellers is brought into a small marina with silting problems, some turbidity of the silt will occur. Mr. LeVasseur said he has not seen the turbidity. Commissioner Thomas noted the Empress Cruise ship is unusually large for the marina which had been sitting idle for a long period of time. He indicated he believes staff's position that the ship is causing turbidity. He said by now, the propeller has prop dredged the marina to keep it clear. Mr. LeVasseur said boats with six- foot drafts used the marina prior to the ship's arrival. Commissioner Deegan noted condition #13 was being deleted and condition #1 has been taken care of. He suggested the Commission should be ready to reach a decision on this issue. He suggested apart from the present discussion, the City's environmental staff should do a turbidity study and act on it accordingly. Mr. Baker indicated Clearwater has not given up its concern for the environment. Commissioner Deegan indicated he was glad this problem worked out because he felt the operation of the cruise ship is a benefit. Mr. Baker noted while sand and silt runs from the upland to the lowland, the City does not put anything into the pipes. From time to time, the City cleans sand out of the pipes. He said the City would take action against anyone upland who is polluting. George Girach, a representative for the applicant, disagreed with Mr. Baker's comment. He said the drainage into the marina is a serious problem. Commissioner Fitzgerald noted one of the applicant's representatives said the impact fees had been paid but the City indicated they had not received them. Mr. Shuford indicated the City has no record of payment. David Bacon, representative for Empress Cruise Lines, said his office wrote the letter on October 28, 1994 and delivered the check. He said the original assessment for impact fees totaled more than $29,000. According to Mr. Shuford's October 19, 19941etter, an additional approximate $10, 000 for additional boat slips was deemed due in addition to $19,000 owed on the original assessment. The letter accompanied a check for the original $19,000 balance and contained an explanation that the additional assessment would be paid by the landlord. If the landlord did not pay, the letter indicated the cruise line would. Mr. LeVasseur said the "additional" slips were replacement slips but deemed to be new ones. Bob Bickerstaffe spoke in favor of the cruise line and looked for staff to work with them. He noted how Stevenson's Creek fills up the harbor. He recommended bending over backwards to help the cruise line. ''~~Commissioner Deegan moved to accept the alcoholic beverage minimum distance separation variance and six month trial period review for Clearwater Bay Marina subject to the conditions as recommended by staff (see page 4) with the modification of, Condition #3 to read, "the applicant shall complete all proposed site work associated with the new parking facility within 120 day's after permit issuance from DEP contingent upon the permit application continuing in an active status," and delete Condition #13 and renumber Condition #14 as #13. The motion was duly seconded. Commissioner Thomas questioned if Empress Cruise Line has addressed the City's concerns regarding non payment of sales tax by boat passengers. Mr. Bacon said he was not aware of the issue and requested additional correspondence. Acopy of letter from the State Department of Tax and Revenue will be forwarded to the cruise line. JJ_pon the vot in taken, the motion carried unanimously. Commissioner Berfiel sai is case is representative of w at happens when the Commission rushes to work with someone to quickly establish a business. She recommended instead of rushing to approve a similar project, the Commission should take more time to be certain the conditions are met. She felt the Commission had been too hasty when they first approved this cruise line operation. She recommended the Commission pay more attention to the details of these proposals before approval. The Commission recessed from 8:04 to 8:14 p.m. r--__ _ - ~' WinWord Document: CITY COMMISSION MEETING Previous Next :First :Native 'View Back to New ~ 1 Document ~ Document :Hit WinWord ,Image Results ~ uer Help= CITE COMMISSION MEETING `~u_ ne.2, 1994:'?=< The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 2, 1994 at 6:01 p.m., with the following members present: Rita Garvey Mayor/Commissioner Fred A. Thomas Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Miles Lance Assistant City Attorney Scott Shuford Central Permitting Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend Otis Green of Everybody's Tabernacle. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ~__ -~ . _- TTEM #12 -Six Month Trial"Period`Review of Empress Cruise Lines_Alcoholic_BeveragekDistance; Separation Variance; request"to extend trial period to 11/1/94 subject to modified conditions (Clearwater Bay Marina/LeVasseur,~AB93-16)(CP) This is a six month trial period review for the Empress Cruise Lines alcoholic beverage separation variance. Original Commission approval conditions and public hearing discussion can be found in the minutes from the Commission meetings of December 2, 1993 and March 3, 1994. On April 14, 1994, the Development Review Committee (DRC) met with Empress Cruise Lines representatives, the marina owner, and their representatives concerning the final site plan for the cruise line operation. This meeting also allowed staff to address a number of concerns raised by both staff and the public about the operation of the cruise line and the conditions imposed by the Planning and Zoning Board and the Commission. Staff recommends an additional trial period in order to continue to monitor problems and concerns associated with this operation. Staff is hopeful future construction will allow access to the site to occur from Ft. Harrison Avenue through the new parking lot, rather than through the Seminole Street Boat Launching facility. This will alleviate many of staff's traffic concerns. Since Commission approval of the original separation variance request, the applicant has complied with a number of conditions; consequently, staff recommends eliminating these conditions. In the tN recommended conditions attached to these minutes as Exhibit A, a new condition 1 has been added to allow continuity of this case with the associated conditional use permit, and a new condition 16 has been added to address the parking management problems. Mr. Shuford indicated that based on action at the Planning and Zoning Board meeting, a revised condition #3 is recommended. It would read as follows: The applicant shall complete all proposed site work associated with the parking facility by October 1, 1994. The construction of the walls, screening the residential properties shall be completed by May 27, 1994 except the northeast wall adjacent to the Beau Queen and Sarah Sichler property shall be completed within 30 days of the date of final wall design approval by the property owners but in no case, shall all wall construction not be completed by August 15, 1994. He indicated staff is also concerned regarding glaring lights from the parking area. He reported there have been parking problems with cruise line patrons using the Seminole Dock lot. He reported other operational issues have been raised and therefore, staff feels there is a need to request another six month trial period. Regarding construction of the wall, Mr. Shuford reported most of the construction has been completed, however, two property owners requested modification and the cruise line is awaiting sign-off from those property owners. However, he felt it would be advisable to establish a total deadline of August 15, 1994 and if the property owners have not signed-off on the design, the wall should be completed as originally designed. Howard LeVasseur, owner of the marina, stated he had submitted a letter to the City regarding the impact of the cruise line on Clearwater. He stated they had taken over a bankrupt marina, which had paid no taxes for sometime, back taxes were paid, impact fees were paid and a payroll for 100 people was established in the Clearwater area. He indicated $237, 000 has been spent on improvements to the property. He also reported that in the proposed parking lot area, two derelict homes were removed. He indicated the parking lot is at the permit stage but there have been delays in receiving permission from Southwest Florida Water Management District (SWFWMD). He indicated the completion of the construction of the wall has been held up by people wanting to have design approval. He agreed with Mr. Shuford's recommendation that if such approval is not obtained shortly, the wall should be completed by August 15, 1994. Commissioner Deegan thanked Mr. LeVasseur for the information that had been provided and stated it bore out what the Commission had anticipated regarding the economic impact and improvement to the neighborhood when they approved the alcoholic beverage separation variance . He stated he hoped if the additional six month extension is approved tonight, there would be as much improvement in the operational issues as there has been improvement to the neighborhood. Commissioner Deegan questioned staff's recommendation. Mr. Shuford indicated it was to accept the report and extend the trial period to November 1, 1994, subject to modified conditions. Commissioner Deegan questioned if an additional condition could be added that the cruise line do something to clarify to the public that the port fee is not payment to the City of Clearwater. Mr. Shuford indicated this could be done. Espen t~ ~ Tandberg ~ , representing the cruise line, indicated the fee referred to is a service fee and it goes to any cost that is land based, i. e., police to direct traffic, printing, etc. He apologized for the confusion regarding this charge. He indicated every cruise line has such a service charge and it is not a tax collected by the City. Commissioner Deegan questioned how the cruise line could get the public to understand this. He stated complaints have been received by the City from the public and he was concerned regarding the City's image with people thinking the City was responsible for the $12 service charge. He stated complaints had also been received that campaigns regarding buy one ticket and getting another free resulted in the service charge being assessed for both passengers. Mr. Tandberg indicated it is always made clear the service charge will be collected whether the ticket is free or not. He stated when individuals call in for reservations they are told regarding this cost. Mayor Garvey asked Mr. Tandberg to explain why an employee of the cruise line had indicated the fee goes to the City and State. Mr. Tandberg indicated he did not know, but he would review the situation. Mayor Garvey felt that if it was being stated the City is receiving funds from this charge, the City should be getting those funds. Commissioner Thomas indicated in the advertising for the cruise line, it is clearly stated this is a port charge. He stated a port charge is common terminology because almost all ships dock on government owned property. This situation is unique in that there is no governmental land involved. He stated the cruise line is using the terminology of the business and it needs to be made clear that 100°Io of the fee goes to the cruise line. Commissioner Thomas stated it was bad business for this misrepresentation to take place and he was not in favor of the extension based on the cruise line's handling of this situation. Mr. Tandberg indicated misleading the public was not intended. He stated he has not received any calls regarding the service charge but he will look into this situation. Commissioner Thomas stated he felt there should be a price of the ticket, period, and no additional charges. He stated he approved the alcoholic beverage variance because he thought revenue would be coming to the City due to this being a gaming ship. Mr. Tandberg indicated the cruise line does pay sales tax, part of which come to the City. Commissioner Berfield indicated she would need to be comfortable that the cruise line will make certain the employees make it abundantly clear that Clearwater gets no revenue from the service fee. Commissioner Fitzgerald questioned if sales tax is paid on the service fee portion of the ticket. Mr. Tandberg indicated he did not know but he would provide this information. Mayor Garvey expressed concerns regarding the method of parking, stating a friend had gone on a cruise and due to the stacking method, although the individual had parked where cruise line employees had told him to park, his car was towed in order to allow other individuals to get out. She stated the individual had a brand new pick-up truck which is now scratched due to the towing. Mr. LeVasseur indicated there have been instances where cars have been towed. He stated the public does not always cooperate and sometimes parks where they are not supposed to. He stated there was one instance where cars parked per the cruise line, blocked a slip owner and the cars had to be towed. One car was damaged. Mayor Garvey pointed out the individual to which she referred parked where they were told to park. Mr. LeVasseur indicated he would provide information to the Mayor on who to contact in order to take care of this problem. Mr. Tandberg indicated the cruise line has added something to Clearwater. He indicated the cruise line has been voted the best value and most fun in Tampa Bay. He reiterated he would look into the misrepresentation regarding the service fee but that it was not done intentionally. He apologized for any employees that may have given out the incorrect information. Regarding the parking situation, he stated they are doing the best they can. He felt this cruise line had proven itself to be a decent company. Mr. Shuford pointed out the parking issue was the reason for the new condition #16. He suggested the following language for Commissioner Deegan's recommended condition regarding the port charge: the cruise line shall immediately clarify the port charge issue in its advertising promotions, sales arrangement, employee training and ticket schedules, so the fee is not identified in any way with any charge imposed or revenue received by the City of Clearwater. d ~ Commissioner Deegan requested the fee be referred to as a service charge and that part of the condition be that they remove all reference to port charges in their advertisement. Commissioner Deegan moved to receive staff's report on the Empress Cruise Lines alcoholic beverage separation variance and extend the trial period until November 1, 1994, subject to the conditions in Exhibit A, modifying condition #3 to read: The applicant shall complete all proposed site work associated with the parking facility by October 1, 1994; the construction of the walls screening the residential properties shall be completed by May 27, 1994, except the northeast wall adjacent to the Beau Queen and Sarah Sichler property shall be completed within 30 days of the date of final wall design approval by the property owners, but in no case shall all wall construction not be completed by August 15, 1994, and adding a condition #17 to read: The cruise line shall immediately 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 Clearwater; and there shall be no reference to a "port charge ." The motion was duly seconded and carried unanimously. li _~ h~ Wells, Wayne From: Tarapani, Cyndi Sent: Wednesday, November 05, 2003 10:55 AM To: Wells, Wayne; Gerlock, Frank Cc: Fierce, Lisa; Schodtler, John; Dittmer, Arden; Reynolds, Mike; Berry, Bryan Subject: RE: Gambling ship at Clearwater Bay Thanks for the background. I still need to know how the code treats a gambling ship-what is the use, process for re~7lew, etc. Thanks. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com -----Original Message----- From: Wells, Wayne Sent: Tuesday, November 04, 2003 6:01 PM To: Gerlock, Frank Cc: Tarapani, Cyndi; Fierce, Lisa; Schodtler, John; Dittmer, Arden; Reynolds, Mike; Berry, Bryan Subject: RE: Gambling ship at Clearwater Bay Chip - I spoke with Mr. Collins with Clearwater Bay Marina last week regarding the casino boat. As part of the review of the Clearwater Bay Marina Flexible Development application (FLD2002-10036), it was noted that there was still a valid occupational license for the casino boat. That occupational license (OCL8224031) has been now noted in Permit Plan that SunCruz Casino LLC is no longer in business at that location (as of October 7, 2003, in Permit Plan). The general rule has been that it cannot be without a valid occupational license more than six months. Once it has been more than six months, then the new/current rules would be applicable. I referred him to Janet McMahan as to requirements for occupational licensing. She has spoken to him about the OCL. You may want to speak to Janet. Wayne -----Original Message----- From: Gerlock, Frank Sent: Tuesday, November 04, 2003 2:02 PM To: Dittmer, Arden; Schodtler, John; Wells, Wayne; Berry, Bryan; Reynolds, Mike Subject: FW: Gambling ship at Clearwater Bay Anyone know anything on this issue??????? -----Original Message----- From: Fierce, Lisa Sent: Tuesday, November 04, 2003 1:58 PM To: Gerlock, Frank Subject: RE: Gambling ship at Clearwater Bay please check with your staff on this asap! Lisa L. Fierce Assistant Planning Director City of Clearwater -Planning Department. If i erceC~ c learwater-f Isom 727.562.4561 phone * 727.562.4865 fax Buckeye and Buccaneer Fan GO BUC(KJSI -----Original Message----- From: Tarapani, Cyndi Sent: Tuesday, November 04, 2003 1:19 PM 1 . ~~ ..e To: Fierce, Lisa; Gerlock, Frank Subject: FW: Gambling ship at Clearwater Bay Can you all give me a status on this issue. How does the code treat a gambling boat? any pending applications? Please let me know. Thanks. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com -----Original Message----- From: Brumback, Garry Sent: Tuesday, November 04, 2003 9:55 AM To: Phillips, Sue; Ruff, Bryan D.; Morris, William; Tarapani, Cyndi; Stone, Ralph Subject: RE: Gambling ship at Clearwater Bay This will probably be more germane to the Planning Department...as aprohibited or limited use. Garry Brumback Assistant City Manager (727) 562-4053 -----Original Message----- From: Phillips, Sue Sent: Tuesday, November 04, 2003 8:33 AM To: Brumback, Garry Subject: FW: Gambling ship at Clearwater Bay -----Original Message----- From: Morris, William Sent: Tuesday, November 04, 2003 8:10 AM To: Ruff, Bryan D.; Phillips, Sue Cc: Tarapani, Cyndi; Harriger, Sandy Subject: RE: Gambling ship at Clearwater Bay I have no files as it is a private business on private property, my only role is to sign off on the occupational licenses. I just knew it was something the neighbors wanted gone, and now that Decade properties can't get the support of the neighbors for building their project, they are going to take back some of the concessions they made, specifically getting rid of the Casino Boat. Becasue the neighbors are not working with them, they are doing what they have to do to make money until they come up with a plan that the neighbors will accept. The Casino Boat was a big concession (with appeasing the neighbors) on the part of the Clearwater Bay Marine owners (Decade Properties and maybe other owners/other names associated with the property). I got the impression that they (Clearwater Bay Marine et al) were doing this so that they have a revenue generator and a bargaining chip for future negotiations with the neighbors. -----Original Message----- From: Ruff, Bryan D. Sent: Monday, November 03, 2003 2:57 PM To: Phillips, Sue; Morris, William Cc: Tarapani, Cyndi; Harriger, Sandy `~'•f ~ c Subject: RE: Gambling ship at Clearwater Bay I will just need background and any supporting information sent over. I will then review and expedite a response. -----Original Message----- From: Phillips, Sue Sent: Monday, November 03, 2003 2:50 PM To: Morris, William Cc: Tarapani, Cyndi; Ruff, Bryan D.; Harriger, Sandy Subject: RE: Gambling ship at Clearwater Bay GB is interested in making sure that we don't issue a permit for a gambling boat but wants to make sure we're on firm territory. Please don't issue anything until Legal has reviewed. -----Original Message----- From: Morris, William Sent: Monday, November 03, 2003 2:34 PM To: Ruff, Bryan D.; Phillips, Sue Cc: Buysse, Beverly Subject: Gambling ship at Clearwater Bay Pat 443-3207 from Clearwater Bay Marine is after me and P and Z to sign an occupational license for a gambling ship to go-back where the Sun Cruz was in Clearwater Bay Marin... want to get the ball rolling on this, how do we want to proceed, do we want a gambling boat back??? it is private property. ~ t~.J `Y CDB Meeting Date: June 17, 2003 Case Number: FLD2002-10036 Agenda Item: D2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT OWNER: Decade 80-XIV. APPLICANT: Clearwater Bay Marina, LLC. REPRESENTATIVE: Don Harrill. LOCATION: 900 North Osceola Avenue. REQUEST: Flexible Development approval to increase the height of a building with attached dwellings from 30 feet to 138 feet (as measured from base flood elevation), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, in conjunction with a 120-slip marina (62 slips public; 58 slips for condo use) and to reduce the buffer width along the north property line from 10 feet to five feet (to fire access drive), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. PLANS REVIEWED: Site plan materials submitted by Florida Design Consultants, Inc.; Landscape plan submitted by Phil Graham & Co., P.A.; Architectural plans submitted by Gillet Associates ARDT Group, Inc. SITE INFORMATION: PROPERTY SIZE: 8.89 acres (5.034 upland acres and 3.856 submerged acres). DIMENSIONS OF SITE: The property is an irregular lot of approximately 400 feet by 600 feet. Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-10036 -Page l w PROPERTY USE: Current use: Marina, marina work bays, retail, dive charter, sail charter and dry storage of boats Proposed use: Attached dwellings (134 attached in two towers and four townhouses) and a 120-slip marina (62 slips public; 58 slips for condo use) PLAN CATEGORY: CBD, Central Business District Classification ZONING DISTRICTS: D, Downtown District, and P, Preservation District ADJACENT LAND USES: North: Single-family West: Clearwater Harbor East: School and Office South: Public Boat Ramp, Funeral Home and Theater CHARACTER OF THE IMMEDIATE VICINITY: The immediate vicinity is a mix of land uses including single-family, office, retail, and public boat ramps. ANALYSIS: Existing Conditions The parcel is 8.89 acres located north of the Downtown core and abuts Clearwater Harbor to the west. Of this acreage, only 4.37 acres is developable, with 4.52 acres in submerged, water area that they own. Also, approximately five acres are zoned Downtown District and 3.8 acres are zoned Preservation District. The property is located on a sloped bluff with a grade differential of approximately 23 feet. The parcel is in two parts, with the eastern portion located between N. Ft. Harrison Avenue and N. Osceola Avenue at the intersection of Nicholson Street. The western, main portion is west of the N. Osceola Avenue and Nicholson Street intersection and is north of the Seminole Street Boat Launching Ramp. The eastern portion of the site between N. Osceola Avenue and N. Ft. Harrison Avenue is occupied by a vacant two-story masonry building. The site is almost entirely covered by asphalt and buildings. The western, main portion of the site has a mixture of existing structures. A small, wood-frame house and atwo-story garage with a rental unit are located along the northeast property line fronting North Osceola Avenue. The applicant owns two out of three lots on the south side of Cedar Street to the north, although not part of this application. The north property line has a masonry retaining wall that will remain with this proposal. Boat repair and dry-dock storage bays occupy the area along the north property line. The height of those dry-dock buildings is approximately 40 feet. There are open and covered boat slips in the water along the east end of the marina. A charter boat (SunCruz Casino) leases the site for docking, but has not operated for approximately one year. The leasing office is located within cone-story, 3,850 square-foot, masonry building along the southern property line. A 500 square-foot bait house/restrooms is located near the southwest corner of the property, adjacent to the public boat Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-10036 -Page 2 ramp. An office building is located adjacent to N. Osceola Avenue. The vegetation along N. Osceola Avenue is poorly maintained. The overall site appearance is poor and is targeted for redevelopment within the City's Periphery Plan and pending Downtown Plan Update. The surrounding parcels include a mix of land uses. North Ward Elementary School is located to the north across Nicholson Street and to the east across N. Osceola Avenue. A mix of single- family and small multi-family buildings are located along the northwest property boundary. A funeral home and the Clearwater Little Theater are located along the southern property lines. The Seminole Street Boat Launching Ramp is adjacent to the southwest corner of the site. Generally, the area remains in fair condition. Downtown Clearwater Periphery Plan The City Commission adopted the Periphery Plan in 1993 which evolved from revisions made to the Clearwater Downtown Redevelopment Plan. The Periphery Plan includes four distinct areas along the edges of Downtown and are recognized as important to the success of the overall Downtown redevelopment. The subject site is located within the Northwest Expansion Area which extends generally north of Jones Street, south of Nicholson Street and west of the Pinellas Trail. It identified the vicinity as a redevelopment area that has a locational advantage of being in the vicinity of the City's Downtown. A land use plan amendment was approved which designated the area as Central Business District on the land use map. A rezoning to Downtown District was approved in 2001. The Comprehensive Plan references the special area plan to determine the intensity for development with a Central Business District land use classification. The Northwest Expansion Area recommends that the areas should be redeveloped with multi-family townhomes and condominiums. It allows a maximum density of 50 dwelling units per acre as an incentive to consolidate parcels in excess of two acres (for multi-family use). It allows a maximum floor area ratio (FAR) of 0.50 for nonresidential uses. Downtown Plan Update The update of the Downtown Plan is scheduled for review by the CDB on July 15, 2003. The Downtown Plan serves as the underlying land use regulation for all parcels within its defined boundaries. All development within the district must be consistent with both the land use plan and zoning regulations. The City Commission held its first workshop on the Downtown Plan Update in October 2002. At that meeting, the general concepts guiding downtown development were discussed. The Downtown Plan Update will serve to consolidate planning efforts and previous documents. Three goals within the Downtown Plan Update will provide direction for future developments. Two of the goals apply to this request. Within each goal, the Downtown Plan Update also establishes objectives and policies. The proposal is evaluated against each goal, as follows: Goal 1: People Goal: Downtown shall be a place that attracts people for living, employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-10036 -Page 3 The objectives and policies of this goal support a variety of residential uses within the Downtown District. The goals and objectives recommend that the City use all existing incentives to encourage Downtown housing and shall evaluate other incentives to encourage residential uses to locate Downtown. The policies state that residential development shall provide on-site recreation facilities appropriate to the scale of the development. The proposal includes a swimming pool on the third level of parking garage adjacent to Osceola Avenue, a tennis court on the eastern portion of the site adjacent to Ft. Harrison Avenue and an open play/recreation area west of the tennis court. Projects located at the border of the Downtown Plan area shall use effective site and building design features to insure an appropriate transition and buffer between the different areas. This project has designed the northern building at a lower height than the southern building and is setback 30 feet from the northern property line. The positioning of the units and associated balconies is northwest. The proposal is consistent with the People Goal and the Policies of the Downtown Plan Update. Goal 3: Amenity: Create Downtown as a memorable place to be enjoyed by residents and visitors that capitalizes on Clearwater's waterfront location, natural resources, built environment and history. The objectives and policies of this goal recommends encouraging redevelopment to create a vibrant Downtown environment containing a variety of building forms and styles that respect Downtown's character and heritage. The condominium-style of development will be an attractive addition to the Downtown, creating an enhanced view of the City by residents and visitors from the land and water. The proposal is consistent with the Amenity Goal of the Downtown Plan Update. The site is located within the Old Bay character district. This District provides an opportunity for higher-density residential uses along Clearwater Harbor west of Osceola Avenue, provided the development is sensitive to the established low-rise historic character of the District. Greater heights in the higher-density residential area west of Osceola Avenue may be considered. The Downtown Plan Update provides a residential density in this District of 50 dwelling units per acre if the land area is greater than two acres and provides no maximum height restriction. Proposal The proposal is to transform the site into amixed-use site, with a total of 138 dwelling units (134 attached and 4 townhouses) and a 120-slip marina. Two attached dwelling (condominium) buildings containing a total of 134 units with athree-level parking structure connecting the two buildings are proposed. The northern building is proposed to be 127 feet in height (measured from base flood elevation), while the southern building is proposed to be 138 feet in height. Four attached dwellings (townhouses) along the south side of the marina in one building are also proposed. The existing public 120-slip marina will be redeveloped and renovated into 62 public slips and 58 slips reserved for the condominiums. All existing structures and uses on-site will be removed under this proposal, including all covers over the existing boat slips, with the exception of the existing bait house/restrooms on the far west portion of the site adjacent to the City boat ramps. The applicant currently has a management contract with the City for operation of the bait house/restrooms, which is accessed solely from the adjacent City property (Seminole Landing Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-1.0036 -Page 4 Boat Ramp). To reflect the significant upgrade of the property over that of the existing development, the chain link fence existing along the south property line should be replaced with a decorative fence including masonry columns and metal grills. The exterior of the condominium buildings will be antique white and Navajo white colored stucco accented by sea sand cast stone banding, white balustrades and trim and two shades of green the roofs. Each unit will have primary balconies overlooking the bay. Two vehicular access points will be provided from North Osceola Avenue; the northernmost entrance will be restricted for resident use. The property adjacent to N. Ft. Harrison Avenue is currently accessible from N. Osceola Avenue and Ft. Harrison Avenue. The existing masonry building will be removed, as well as most existing pavement. This area of the overall site will be redeveloped as a main driveway access/prominade to the site west of N. Osceola Avenue. It will be well designed with landscaping to serve as a more prominent entryway to the development. The proposal includes a tennis court adjacent to N. Ft. Harrison Avenue and Nicholson Street and open play area to the west of the tennis court. An existing drainage retention pond adjacent to N. Osceola Avenue and Nicholson Street will be retained. Redevelopment of the property as proposed will not degrade the Level of Service (LOS) on Ft. Harrison Avenue. A Traffic Impact Analysis submitted by the applicant's consultant, reviewed and approved by the City's Traffic Operations Division, shows that the expected trip volumes represent less than one percent of the Ft. Harrison Avenue peak hour volume, which is insignificant. The current LOS for Ft. Harrison Avenue is LOS "D," although recent modeling of this segment of road by the Metropolitan Planning Organization revise this segment to a LOS "C". The projected LOS for this segment of Ft. Harrison is estimated to remain at LOS "C" with the proposed project. The proposed site intensity is consistent with the Periphery Plan. The Periphery Plan allows for a floor area ratio of 0.5 and an allowable density of 50 dwelling units per acre for properties in excess of two acres. The site is 8.89 acres, of which the 5.034 acres zoned Downtown District will be used to calculate the project intensity. After calculating the mixed-use formula, it has been determined that the site's maximum development potential is 250 dwelling units. The proposed project falls well below the permitted density and intensity requirements. (Refer to the table below that illustrates the mixed-use land intensity calculation.) Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-10036 -Page 5 ~ ~ ~ •~ 1 ~~ Downtown Acrea e 5.034 acres (219,281. s uare feet) Floor Area Ratio 0.5 Densit 50 dwellin units er acre Read left to ri ht, to to bottom 1,000 square 500 square feet of feet of land Required land for 0.5 Floor Area proposed 500 + 0.5 = (0.023 acres) nonresidential uses Ratio is allowed nonresidential uses 1,000 is required for nonresidential uses 218,281 219,281 square 1,000 square feet of square feet of Remaining land to feet of land area land is required for 219,281 -1,000 land (5.01. calculation density (5.034 acres) nonresidential uses = 218,281 acres) remains to calculate densit 5.01 acres 250 dwelling Allowable density (218,281 square 50 dwelling units per 5.01 X 50 = 250 units is permitted on calculation feet) remains to acre is allowed the remaining calculate density land area fl~~ ~~ Summary 250 dwelling units 138 dwelling unit are 250 - 138 = ~ are permitted proposed 11.2 ~ t~ Request The request is to increase the height of the attached dwelling (condominium) buildings from 30 feet to a maximum of 138 feet. In the Downtown District, a maximum height for "attached dwellings" is 100 feet as a Flexible Development application. If the site is located south of Drew Street, the height may be increased to 150 feet. Since the two buildings are proposed taller than 100 feet, the increased height request must be processed as a Comprehensive Infill Redevelopment Project. The request is for 138 feet above the base flood elevation (12 feet) for the tallest building. The property has a grade that slopes from 29 feet above sea level at N. Ft. Harrison Avenue to six feet above sea level adjacent to the seawall. The general vicinity, specifically along Clearwater Harbor, has had other projects approved with height expansions. Two blocks to the south, the Harbor Bluffs waterfront condominium development has a height of approximately 100 feet. South of Georgia Street, the Osceola Bay Club development was approved in June 2000 for a height of 150 feet (Case No. FL O1-06-25; time extension granted to apply for building permit until August 21, 2003). The Belvedere Apartments just north of Jones Street has an approximate height of 75 feet. The Bayview Condominiums at 700 N. Osceola Avenue were approved by the CDB on September 17, 2002, to increase the permitted height from 50 feet to 81.42 feet (Case No. FLD2002-06017). The Downtown District may allow building heights through the Comprehensive Infill Redevelopment Project use at a height determined appropriate by the Community Development Board. The Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-1.0036 -Page 6 f proposed height is consistent with other existing and approved development in the vicinity and will be consistent with a Downtown character as recommended in the Periphery Plan and Downtown Plan Update. The reduction in the landscape buffer from 10 feet to five feet is requested fora 20-foot wide emergency vehicle access aisle for fire access only along the north side of the parking garage and northern condominium building. Due to the unique lot shape, and the proposed building and parking garage design, the required emergency aisle cannot be relocated. There is an existing retaining wall along the north property line that will remain with this proposal. While the reduction is requested, the emergency aisle will still appear as a landscape area, as there will be a stabilized sub-base that will be grassed over, providing an adequate driving surface for a Fire Department vehicle should the need ever arise. The increased building height, side setback reduction and comprehensive landscape program are justified by the quality conceptual design, its consistency with the Plan's objectives and the unique lot shape. CODE ENFORCEMENT ANALYSIS: The site has a history of code enforcement violations and complaints. These items include noise created by generators, parking problems and extended hours of operation of dredging equipment. The proposal is expected to correct previous code enforcement problems since the SunCruz casino boat will be eliminated, as well as boat repair operations, thereby creating more compatible land uses to the adjacent residential and school properties. A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARDS IN THE D, DOWNTOWN DISTRICT: STANDARD PERMITTED/ EXISTING PROPOSED IN REQUIRED COMPLIANCE FLOOR AREA 0.5 (109,640 0.135 (29,658 0.0045 (500 Yes RATIO* s uare feet) s uare feet) s uare feet) DENSITY* 50 dwelling units 0 units 138 units Yes per acre (218 units) IMPERVIOUS 0.95 0.79 0.64 Yes SURFACE RATIO* * The property is located in a special area plan referred to as the Periphery Plan; Development potential standards are reflected based on the Periphery Plan. Staff Report -Community Development Board -June 1.7, 2003 -Case FLD2002-1.0036 -Page 7 B. FLEXIBILE DEVELOPMENT STANDARDS IN THE D, DOWNTOWN DISTRICT: STANDARD PERMITTED/ EXISTING PROPOSED IN REQUIRED COMPLIANCE? •~ 1 ~ ~ i ~ ~ / LOT AREA N/A 387,274 square 387,274 square Yes minimum feet -entire site feet -entire site LOT WIDTH N/A 400 feet 400 feet Yes minimum HEIGHT 30 - 100 feet* 30 feet North tower: 127 Yes maximum feet; South tower: 138 feet FRONT YARD N/A Eastern portion: Eastern portion: Yes SETBACK Ft. Harrison: zero Ft. Harrison: 15 minimum feet (to bldg.); 10 feet (to tennis); feet (to pavement) Nicholson: four Nicholson: four feet (to tennis) feet (to pavement) Osceola: 50 feet Osceola: two feet (to columns) (to pavement) Western Western portion: portion: Osceola: six feet Osceola: 12 feet (to bldg.); five (to parking feet (to pavement) garage); 28 feet (to condo bld .) SIDE YARD N/A Eastern portion: Eastern portion: Yes SETBACK South: three feet South: 20 feet (to minimum (to bldg.); four column) feet (to pavement) Western Western portion: portion: North: three feet North: five feet (to bldg.); zero (to fire lane); 30 feet (to pavement) feet (to bldg.) South: three feet South: zero feet (to bldg.); zero (to pavement @ feet (to avement) southwest end) REAR YARD N/A N/A N/A N/A SETBACK minimum** PARKING 1-1.5 per dwelling 0 spaces - 316 total spaces; Yes SPACES unit; x spaces for residential; 254 spaces minimum marina 205 spaces - residential; 62 entire site s aces marina * The height may be increased to 150 feet for property fronting on Clearwater Bay. ** The rear setback is measured from the rear property line to the nearest structure; the rear property line extends into Clearwater Harbor approximately 440 feet from the attached dwellings. Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-10036 -Page 8 C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE DOWNTOWN DISTRICT (Section 2-903.C): 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. The applicant is requesting to redevelop the site with two residential towers 127 feet high (north tower) and 138 feet high (south tower). While the Flexible Development table under the Downtown District provides a height range for attached dwellings between 30 and 100 feet, the criteria provides for a height increase to 150 feet if the parcel proposed for development fronts on Clearwater Bay. This site does front on Clearwater Bay. The applicant is requesting a reduction of the landscape buffer along the north side from 10 feet to five feet to the proposed fire access aisle. The actual design of the fire access aisle is that of a stabilized base grassed over, which still provides an adequate driving surface for a fire vehicle in the event of an emergency. In essence, the buffer is still being provided, except five feet of the buffer will be grass. There is an extensive retaining wall that will remain with this proposal along the north property line, due to a drop in elevation. The proposal for increased height may be mitigated due to the slope of the land involved. Height is measured from the mean elevation of the existing grade to the highest finished roof surface (flat roofs). The request is for 138 feet above the base flood elevation (12 feet) for the southern building and for 127 feet in height (above base flood elevation) for the northern building. The property has a grade that slopes from 29 feet above sea level at N. Ft. Harrison Avenue to six feet above sea level adjacent to the seawall. 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties. The current assessed value of the overall property by the Pinellas County Property Appraiser is $2,041,200. The applicant proposes 138 high-end condominiums priced from $400,000 to over $1,000,000. This request will replace a deteriorated marina boat yard and remove nuisance noise generators (boat yard forklifts, boat repair, etc.). This development will strengthen redevelopment efforts by attracting permanent residents to Downtown. It should not reduce the value of abutting properties. 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater. The City of Clearwater permits with the Downtown District attached dwellings as Flexible Standard Development and Flexible Development uses, and marinas as a Flexible Development use. Staff Report -Community Development Board -June 1.7, 2003 -Case FLD2002-10036 -Page 9 4. The use or mix of uses within the Comprehensive Infill Redevelopment Project is compatible with adjacent land uses. The applicant seeks to redevelop the overall property currently improved with a full service marina and yard operation and gaming and charter boat operations, as well as office/retail-type buildings that are dated and deteriorated. The applicant proposes to reduce the scale of the marina from one that provides both wet and dry slips and marine repair services to one that provides wet slips and charter boats only. The existing high and dry marina buildings are industrial-type, metal buildings. The SunCruz Casino boat operation will be eliminated. While this gaming operation is currently in bankruptcy, the operation still has a valid occupational license (issued September 6, 2002). This gaming operation typic y ran twice-a-day gaming excursions out into the Gulf of Mexico. There are also other charter boats currently operating out of the marina. Due to parking requirements and the proposed rest ential c aracter o t e re eve oped site, charter boats will need to be restricted in number and the amount of customers per charter boat or eliminated prior to the issuance of the first residential Certificate of Occupancy. The applicant seeks to replace these existing uses and buildings with a residential project that will be more compatible in use, character and design than its existing industrial appearance. A residential tower 100 feet in height on the subject property was found to be compatible with the surrounding area in December 2000 (Case FL, 00-10-46). The property has a grade that slopes from 29 feet above sea level at N. Ft. Harrison Avenue to six feet above sea level adjacent to the seawall. The applicant has designed the residential units into two towers, providing for view corridors through the site from the surrounding area. Balconies for the northern units in the northern tower have been oriented northwestward to minimize views into residences adjacent to the north. Charter boat uses should be controlled or eliminated to minimize parking impacts on-site and on the surrounding area. With the site improvements proposed, the proposed uses are compatible with adjacent land uses. 5. Suitable sites for development or redevelopment of the uses of mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater. The site is zoned Downtown District where attached dwellings and a marina use are permitted uses. The request is being processed as a Comprehensive Infill Redevelopment Project due to the requested increase in height above 100 feet and due to its mixed-use character with a public marina. Since this is an existing, operating marina, the redevelopment of this site with a public marina and attached dwellings is unique to the Downtown area and the City generally. This site is suitable for a marina and for attached dwellings. Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-10036 -Page 10 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. The applicant is proposing to raze all existing structures and pavement (except the bait shop on the southwest corner of the site) and redevelop the property. This request will replace a deteriorated marina boat yard and remove nuisance noise generators (boat yard forklifts, boat repair, etc.). This development will strengthen redevelopment efforts in the area by leading to increased investment and by attracting permanent residents to Downtown. The proposed residential use will be a dramatic change from the industrial- type use presently developed on the property, significantly upgrading the appearance of the property and that of the surrounding area. The proposal may influence other like beautification efforts within the vicinity. 7. The design of the proposed Comprehensive Infill Redevelopment Project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Additional residential development is a key component to the success of the downtown. The proposed development will play an important role in the continuing revitalization of Downtown Clearwater. The City will benefit by having an attractive building complex located in a redeveloping area. The proposed condominium buildings and landscape enhancements will significantly improve the site over the existing industrial-looking facilities. The current proposal, similar to the previously approved request, incorporates well-articulated, unified elevations and coordinated architectural elements. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. There are no lot width or setback requirements under the Downtown District. The northern residential building and parking garage is proposed set back 30 feet from the north property line. The applicant is providing more parking spaces than required by Code for the condominiums and marina. The only flexibility requested relates to the height of the proposed residential buildings. While the project is located at the northern boundary of the Northwest Expansion Area of Downtown, the proposal will aesthetically improve the immediate area and Clearwater as a whole. The proposal reflects the City's vision of urban character with the Downtown District and may serve as a catalytic project to further redevelopment of the surrounding area. The increase in height above the Flexible Development provision of 100 feet as requested maybe apparent along the street or adjacent properties, but may be mitigated by the grade differential of the site or the existing tree canopy screening views from adjacent parcels or within the neighborhood. Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-10036 -Page 11 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. According to the submitted site plan, there are 205 existing parking spaces. The applicant is proposing to redevelop the site with residential uses and modifying the makeup of the marina. Of the 120 boat slips, only 62 slips will be open to the public, whereas 58 slips will be reserved for use by the residential condo owners. The applicant is proposing to provide the one parking space per slip the Code requires, either in open parking or in the parking garage. Code requires a minimum of 1.5 parking spaces per dwelling unit. The applicant will exceed the minimum parking requirements and provide 254 parking spaces for the residential uses (overall 1.84 spaces per dwelling unit). Adequate off-street parking will be provided to preclude on-street parking. D. GENERAL APPLICABILITY: Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. The area is characterized by a mix of land uses including single-family dwellings, small- scale attached dwellings and high-rise attached dwelling buildings. The City's vision in the Periphery Plan includes a revitalized, high-density residential extension of downtown west of Osceola Avenue. This proposal includes high-end condominiums with amenities. This project is viewed as a pioneer project in the area and it will hopefully establish a positive redevelopment precedent for the area. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The property is located within the boundaries of the Periphery Plan, but also located at the northern edge of the Northwest Expansion Area. The Plan shows this property within the Office/Residential/Commercial land use classification. The Plan recommends the vicinity be redeveloped as multi-story, attached dwellings. Redevelopment of this site as proposed is consistent with the Plan's objectives. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The proposal will not adversely affect the health or safety of persons residing or working in the neighborhood. Staff Report -Community Development Board -June ] 7, 2003 -Case FLD2002-10036 -Page 12 4. The proposed development is designed to minimize traffic congestion. The proposed condominiums will have two ingress/egress points of access from Osceola Avenue. Surrounding local streets are aligned in a grid pattern and will provide alternate traffic routes. There are designated pedestrian aisles and improved public sidewalks to encourage nonmotorized transportation alternatives. Additionally, the proposal as a primarily residential development will be consistent with that of the surrounding residential areas with regard to traffic impacts and peak times. Redevelopment of the property as proposed will not degrade the Level of Service (LOS) on Ft. Harrison Avenue. A Traffic Impact Analysis submitted by the applicant's consultant, reviewed and approved by the City's Traffic Operations Division, shows that the expected trip volumes represents less than one percent of the Ft. Harrison Avenue peak hour volume, which is insignificant. The current LOS for Ft. Harrison Avenue is LOS "D," although recent modeling of this segment of road by the Metropolitan Planning Organization revise this segment to a LOS "C". 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The site is located within a redevelopment area as defined in the Periphery Plan. The Periphery Plan 2000 Update intended that this site be redeveloped as a mixed-use waterfront development. The applicant is proposing a project with a mix of residential uses and a marina of both public and private slips. The site is adjacent to the Seminole Street Boat Launch Ramp that is used widely by the commercial and recreational community. The proposed development is a pioneer project in this area and is consistent with the objectives and goals of the Periphery Plan. The high-density, multi-story design is compatible with previously approved developments to the south including Osceola Bay Club, Harbor Bluffs and Bayview waterfront condominiums. According to the Periphery Plan and the pending Downtown Plan Update, high-rise attached dwelling buildings should only be located west of Osceola Avenue. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The increase in height above the Flexible Development provision of 100 feet as requested may be apparent along the street or adjacent properties, but may be mitigated by the grade differential of the site or the existing tree canopy screening views from adjacent parcels or within the neighborhood. Balconies on the north side of the northern building are oriented toward the northwest to minimize direct view to the north at existing single- family dwellings. To reflect the significant upgrade of the property over that of the existing development, .the chain link fence existing along the south property line should be replaced with a decorative fence including masonry columns and metal grills. Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-10036 -Page 13 SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on November 14, 2002 and April 17, 2003. The Planning Department recommends APPROVAL of the Flexible Development request to increase the height of a building with attached dwellings from 30 feet to 138 feet (as measured from base flood elevation), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, in conjunction with a 120-slip marina (62 slips public; 58 slips for condo use) and to reduce the buffer width along the north property line from 10 feet to five feet (to fire access drive), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, for the property at 900 North Osceola Avenue, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-903.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The development is compatible with the surrounding area and will enhance other similar improvement efforts. Conditions of Approval: 1. That the final design of the buildings be consistent with the conceptual elevations submitted or as modified by the CDB; 2. That a Unity of Title be recorded prior to the issuance of any permits tying all parcels together as one lot; 3. That all freestanding signage be monument-style signs, coordinated with the color of the building. A Comprehensive Sign Program shall be submitted for monument signage six feet in height; 4. That the covers over the boat slips along the east end of the marina be removed prior to the issuance of the first Certificate of Occupancy for the attached dwellings; 5. That the existing charter boats cease operations and relinquish their occupational licenses prior to the issuance of the first certificate of occupancy for the attached dwellings; 6. That there be no live-aboards in the marina; 7. That boats moored in the private slips of the marina be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 8. That the National Fire Protection Association (NFPA) 303, Standards for Marinas and Boatyards, be met for the marina (public and private slips) to the satisfaction of the Fire Department prior to the issuance of building permits; 9. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 10. That if changes to the bait house/restrooms are contemplated that will result in an amendment to the proposed site plan, the applicant shall notify the City 90 days prior to Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-10036 -Page 14 ~ ~ the expiration of the management contract. The applicant shall negotiate in good faith with the City to address extension of the management contract or in revising the site plan, prior to the expiration of the contract; 11. That a final landscape plan acceptable to the Planning Department be submitted and approved prior to building permit issuance; and 12. That the existing chain link fence along the south property line be replaced with a decorative fence including masonry columns and metal grills. Prepared by: Planning Department Staff: Wayne M. Wells, AICP ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application Staff Report -Community Development Board -June 1.7, 2003 -Case FLD2002-].0036 -Page 15 ~. \\MSSc\PDS1Planning Department\C D B\FLEX~Pending cases\Up for the next DRC10sceola N 0900 Clearwater Bay Marina\Osceola N 900 Staff Report.doc Staff Report -Community Development Board -June 17, 2003 -Case FLD2002-10036 -Page 16 ~~ ~ ' ~ ~~`~~17-~0 S ~vLC~fdf~~Nl ~ ~ ~ ~ ~~~ u - r , ~- ~ 6~~0~,~-- ~- ~~ ~- ~ rJ ~ Gl 7i~ ~' ~IV ~~~GdU~ ~ ~ ~~~i ~~~1/~ r~~~~~ ~~~v ~ f~ Cdr ~r~c~5 s`- a "~ Fierce, Lisa From: Dougall-Sides, Leslie Sent: Tuesday, January 27, 2004 8:47 AM To: Fierce, Lisa Subject: RE: doah outcome for case 93-7070 I do not find any evidence that it was... -----Original Message----- From: Fierce, Lisa Sent: Friday, January 23, 2004 1:54 PM To: Dougall-Sides, Leslie Subject: RE: doah outcome for case 93-7070 thanks for the info; was this order appealed beyond DOAH? Lisn L. Fierce City of Clearwater Assistant Planning Director Iisn.fierceC'~MyClenrwnter.com 727.562.4561 phone * 727.562.4865 fax Buckeye and Buccaneer Fan - GO BUC(K)S/ -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, January 23, 2004 10:36 AM To: Fierce, Lisa Subject: RE: doah outcome for case 93-7070 Final Order was issued 3/28/94 upholding the Development Code Adjustment Board's denial of a parking variance [unknown how much of a variance was requested]. No hardship because condition created by applicant. Cases back this far do not have the documents posted online. Strangely I do not find the case in our card file. Let me know if you need further detail and I will have our closed files looked at or order Final Order from DOAH. Case No.: 3-7070 ud e: . L. JOHNSTON etitioner: CLEARWATER BAY MARINE WAYS s. es ondent: CIT Y OF CLEARWATER AND ANTONIOS MARKOPOU OS ate Filed: 12/13/1993 ate Assigned: 12/16/1993 ast Docket Entr 3/28/1994 ocation: Clearwater, FL istrict: fiddle enc Contract Hearin s ivision: Cit of Clearwater tatus: Closed Final Order Issued on Monda ,March 28, 1994. ummar arkin s ace re uirement variance a . DCAB denied a O up holds .~, ,~ DCAB. No equity jurisdiction over estoppel claim. Condition created by applicant. -----Original Message----- From: Fierce, Lisa Sent: Friday, January 23, 2004 9:48 AM To: Dougall-Sides, Leslie Subject: doah outcome for case 93-7070 i see that there was a hearing on 2/17/94 from minutes; i dont know the outcome -could you provide? this is regarding the cruise line at clearwater bay marina; it is an issue again Lisn L. Fierce City of Clearwater Assistant Planning Director lisa.fierce@MyClearwater.com 727.562.4561 phone * 727.562.4865 fax Buckeye and Buccaneer fan - GO BUC(K)51 ti Engineers -Surveyors National Soclety of Professional Engineers Florida Engineering soaety Florlda Water Pollution Control Association Amerlcan Soclety of Clvll Engineers Florlda Society of Professional Land Surveyors Tampa Bay Soclety of Professional land Surveyors Amerlcan Congress of Surveying and Mapping c~ q 3-71 ~ January 4, 1994 ~Ov Mr. Lou Hilton Planner Clearwater Planning & Zoning 10 S. Missouri Avenue Clearwater, FL 34618 RE: Empress Cruise Line at Clearwater Bay Marine Ways Dear Lou: Per the informal Development Review Committee (DRC) meeting held yesterday with Messrs. Espen Tandberg, Lionel "Tibby" Thibadeaux, and Tom Radclnffe of our firm, enclosed are the following plans and exhibits in order to resolve the eight (8) items (12 conditions) that were addressed at the meeting prior to final approval: Five (5) photocopy sets of the Traffic Control Plan which includes the typewritten portion of the Plan on letterhead and the attached 82" x 14" exhibit plans. 2. Fifteen (15) prints (24" x 42" -- 1 sheet) of the Revised Site Plan/Parking Restriping Plan for this project. The revision to this Plan encompassed the eight (8) stipulated items (12 conditions) from the DRC meeting, and as you can see from the parking calculations, the 470 passenger Crown Empress is permitted in this project without the need for a parking variance. The other items requested at :the DRC meeting, including the contract for the buffer wall construction, the agreement regarding use of the 20 existing boat slips, the survey showing building encroachment, the payment of the impact fee, the correspondence regarding the dredge permitting, the U.S. Coast Guard passenger capacity documenta- tion and changeover of alcoholic beverage license will be provided to you directly by Messrs. Tandberg and Thibadeaux. Country Villa Plaza-29228 U.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784-3965 ~ Pasco: Phone: (813) 842-7635 Telefax (813) 784-8153 Mr. Lou Hilton January 4, 1994 Page two. Please distribute this Final Site Plan to the appropriate City of Clearwater staff departments for final approval and certification purposes. If you. should have any questions or need additional information, please call Tom Radcliffe or myself. Very truly yours, BAUR AND STEVENS as, P.E. Enclosures cc: Espen Tandberg, w/photocopy set of Traffic Control Plan & 3 prints of Site Plan/Parking Restriping Plan Lionel "Tibby" Thibadeaux, w/photocopy .set of Traffic Control Plan & 1 print of Site Plan/Parking Restriping Plan David Bacon, Esquire, w/photocopy set of Traffic Control. Plan & 1 print of Site Plan/Parking Restriping Plan SL:dn ~ _ ~ JAN u'; "~a i=~ F'. 1%'~ ,? ~~1,~'g,d~.-« Engineers - Surveytars January 7, 1994 Netlonat SO°laty of FAX / MA I L PrOtoaelonai Enpln••re Mr. Steve Sarnoff Zoning Technician f'°'1d°E"°'"°°`'"° City of Clearwater Planning Society Zoning Department P.O. Box 4748 FlorldaWat•r Clearwater, t=L '34618 POtluUon 4opiro! Aaeo<t""°" RE: Empress Cruise Line at Clearwater Bay Marine Ways AmerlCan soUefy Dear Steve : of ctvuEn6tneera As requested yesterday afternoon, and per the requiret~lents of the City of Clearwater, enclosed are three (3} prints {:82" x 11") of a Boundary pto~ldYSOClaly Plan Sketch that shows tree encroaching house at the southeast corner of °- the Clearwater Bay Marine Ways property. Rs you can see from this Plan, Prot•8a~oneif.anC the house encroaches 1 .0 .feet { 1 ,~' } On the westerly side of the S~"'y°'° house, and 1.2 feet (1.2'} on the easterly side of the house. These dimensions were based on actual field measurements made by our survey remPaaay3oat•ty crew as shown and noted on this Plan. of Proteaslon6lLand please let us know if you have any questions or need additional informa- $errveyors tion regarding this matter. A copy of this letter, together with a copy of this Plan, is being faxed to you for immediate reference. The hard copy wi 11 be sent by regular mai 1 . Am•ri0an ~Onpreaa °t Very truly yours, Surveytnp °"d AS, BAUR AND STEVENS ~•PPrnp andy" Lloveras, P.E. Enclosure cc: Espen Tandberg, U~/print of Boundary Pian Sketch Lionel "Tibby" Thibadeaux, w/print of Boundary Plan Sketc~~ SL:dn Country Vilta Plaza-29229 V.&• Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 7843985 • PaBCO: Phone: (813) 842-7835 Te(efax (813) 784.8153 n ~ SEGTfO~E 9~ T4WNSHiP 29 S4UTH, RANGE 15 EA5'T . ' 1..~ L~ ~: =''. i ~ ~~ =,i 1 .J '..% rte. SCALii: 1' _ ~0' i ~~0 ~~ ~ . . ~e ~ ~ ~ ~ , U~ 5' C N A I ~J L.1 tV K FENCE ---- pQ" ,~ ,~Q r sd . ~~ ~~ S ~ 70 r- ` Op'3g„ ~,--o.sa'c'arvc waL~. ai L,ItyE ~ ,#o ~o, ~ ~ ~' 9, T g'M !`. C1.4. ~0~, UNDER CONC.. wA1.L .,, , _< y ~ ~ j, rrE ~ pR, ~p~ 2 2 ~ sue saRCO's sus. ~ ~ o~ >> > ~ FCJri . N a~ ~ - J Qi 0.50• ~ ~` t;i ~'h ~ - ~~ r' iya ~ ~~v~~ to F.1. R'?~; 0 # ~ ~~' w° F"X"CUT ON TOP'Ot; c WALL 0.22~EAST o.zo'soUTf~ ,~1PF'k'UYEO BY' ~~ ~ _ _: 5' "BA~vor"'Lt D!/En~QS ~"«r. Fs'EG. L,Q~tJd ,9U.~/EYok'S ~~ l7G2 ~x~ss CRU~s~ _rs AT CI~AR~PATER BAY D~LARII~TE ~I-'AYS BOUNDARY PLAN SK~fCH CLE.N~IMAT£R PiNEURS COUNTY f1.OR1DA S.7ro r _5 ~ _,~ '~ ~Rrr~~~ F_x~s~t'fNG Two STQRY FRAME Sult~fNG WITH ONE STQRY AOd t 71pN5 N01'E: THIS FLAN HAS BEEN REFRQQUCED I~ RCH~1 1~W 'UPDAT'E f30UNDARY OCCUPATIOt~lU. SURVtY PRi=PAR>=fa 9Y LR. PENNY do ASSOCIATES ' j fNC., BATED 10--8-93 (JOB. t1a. ~3-~203~. eASFJ~ ON THE ~lONU1r1ENTATTON !N T'HE~ >:tELD As st-kOwN oN THAT SURVEY. 'ti•iE ~ EXISTING HOUSE LOCATED -0N L07 15, SUt; .f3ARC0'S SUSDNtStON HAS 6EEN ADDED i31' L1,OVERAS, f3AUR AHD STEVETIS AS PH'Y5fCALLY LOCATED RELATIVE TO THAT .btONU1.tENTATION. LT.4Y8ft~5. H1UR d~ 5?EV~'B ENGINEERS -- SURVEYORS 1 COYIN'TRr Yl.LL~! Pl.~dZd ' 29228 U.S. HWY, i 9 NORTH CLl-AftWA1'ER~ FLORIDA 34821 PHONE: 784-3985 E1~PRES5 CRUISE tJNES SCJ~t.E: ~~ ~ ~ -RR. ESPEN TMIDBERG 392 CENTR-.L aVENUE t]KTE: 7 a 5'f. aET~RSBURC, FL 'US%1 t SH~7 1 O~ t f'h. (8t3) 821--1600 Fox 813 821-6282 141 ~ ~, ~~ ~ ~ .~ N t~'? ,q ~ o 4 ~ p --•~-~ e • -~~ Jp0 pay T'° loo s9-3 91k, F.C,M. N0~ c-' . '~ Engineers -Surveyors National Society of Professional Engineers Florida Engineering Society Florida Water Pollution Control Association American Society of Civil Engineers Florida Society of Professional Land Surveyors Tampa Bay Society of Professional Land Surveyors American Congress of Surveying and Mapping January 7, 1994 Mr. Steve Sarnoff Zoning Technician City of Clearwater Planning & Zoning Department P.O. Box 4748 Clearwater, FL 34618 FAX/MAIL RE: Empress Cruise Line at Clearwater Bay Marine Ways Dear Steve: As requested yesterday afternoon, and per the requirements of the City of Clearwater, enclosed are three (3) prints '(82" x 11") of a Boundary Plan Sketch that shows the encroaching house at the southeast corner of the Clearwater Bay Marine Ways property. As you can see from this Plan, the house encroaches 1.0 feet (1.0') on the westerly side of the house, and 1.2 feet (1.2') on the easterly side of the house. These dimensions were based on actual field measurements made by our survey crew as shown and noted on this Plan. Please let us know if you have any questions or need additional informa- tion regarding this matter. A copy of this letter, together with a copy of this Plan, is being faxed to you for immediate reference. The hard copy will be sent by regular mail. Very truly yours, AS, BAUR AND STEVENS andy" Lloveras, P.E. Enclosure cc: Espen Tandberg, w/print of Boundary Plan Sketch Lionel "Tibby" Thibadeaux, w/print of Boundary Plan Sketch SL:dn Country Villa Plaza- 29228 W.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784-3965 ~ Pasco: Phone: (813) 842-7635 Telefax (813) 784-$153 ~,^,;:~ - nE CDR. LOT 22 ~ SUE DARCOS SU6. ~ o~ ^~, FClr{ . N Off' ~ ~ r , i i i ~ ~ i ~ ~_ `` / ``~~ ^~I ,v ~. h l F 1 R~10 ~h ~ ~ SECTION 9, TOWNSHIP 29 SOUTN, RANGE 15 EAST ~ SCALE: 1" = 30' C ~` ~ ~ ~ _ - - ~~ ~ ~ ~J I y ~\~C~ h ~ 6~CHAl~i LINK FENCE OPG ~GP •o ~/ 0 Sd R N I.0 '~ N i S.>>o . _ ~ ~ ~ 0039„F ~ ~ ~ ~ ~ ~ S ~y i ~~ kt~~ O o ~ PRp'~'+~L,~,°c'~ *~ ,~^' g ors ~ "~~ s. 7 to ~ 00~ ~~ ~-" 0.64 CONC WAEL AT UNE h •~Q Op' 9 E. 9 ~8 jy F. CM. No#, UNDFA CONC. WALL t,.i 2 .~ W ~ ~ Q N ~ o Q G) O ~ Z O ...~,. 2 , ~..L J ~~0. Q ~ 7~0 10.0 gg.3g~0 F.C.M . N0~# _ EXISTING TWO STORY FRAME BUILDING WfTH ONE STORY ADDITIONS >` "x"CUT O N TOP OF 4 WALL 0.22 EAST NOTE: 0.2 0~ SOUTH THIS PLAN HAS BEEN REPRODUCED FROM AN "UPDATE BOUNDARY OCCUPATIONAL SURVEY •~,_ PREPARED BY L.R. PENNY dt ASSOCIATES, ~~. ;~ `'~. INC., DATED 10-8-93 (JOB No. 93-203). r • ~ •' ~ ~ ~ "'' • ~v' ~= BASED ON THE MONUMENTA710N IN THE !~ ~'~5'Y.•~ ~,~, FIELD AS SHOWN ON THAT SURVEY, THE ' ,~ ~~'; c^': EXISTING HOUSE LOCATED ON LOT 15, ~~ -+ . ~~ SUE BARCO S SUBDMSION HAS BEEN ~+ ~ r` ADDED SY ILOVERAS, BAUR ANO 5TEVENS r • ` :' _r •' AS PHYSICALLY LOCATED RELATIVE TO ~~~' ~,~~. `. ~Y'"L-'L'Ol/Ef~~IS THAT MONUMENTATION. '~ FL~'E13.rLAit//J 9U~/EYORS' /t!_° /7~2 ' ~..._...,.. s • iJ.DVF.RA~. AAtIR ~ Q't'JU'.VA'N4 EMPRESS CRUISE LINES AT CLEAR~PATER BAY MARINE WAYS BOUNDARY PLAN SKETCH CLEARWATER PINEL11lS COUNTI' FLORIDA 7,°' ;- nE CDR. LOT 22 ~ sue e~RCO's sue. ~ ~~ ~ ~ ~r FC1~A . N O-1~ '~ ~ i • /, i r ~, i - ~_ ; ~ _ , oso•~> . ~'~ ~ i' .y ~. h ~ F. I . RAJ 0 ~h ~ ~ SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST i : !- ~•~ ,. ;J~-. ,. ice. ~~ :..., A .. .~ l~ ~... ~ ~~',. 1 ..1 .~ I'::. ~ SCALE: 1" = 30' ~ ~' ~e ~ ~ \O~ ~ ~J~ 1 y ~\~C~ +\ h ~ 6'CHAI~J LINK FENCE OQG GQ ' ~ o ~/ ~.LR.N 1.0 .; /~ 0 SCE <v I^ 1 W S. j~o ' _ ~ ~ ~ o039„E ~. ~ ~ ~ t S ~y r -~--_ ''ac.~ ~ jt~~ O o ~ ~ir~~°c` ~ ~^' g ors ff ~~ ~ h~ ,tos 770 ~ ~oOO, 9~~E --0.64~CONC WALL AT LINE 0' f 9 ~$ M F. CM. NO#, UNDER CONC. WALL W 2 w to ~ Q N O J fit' o O v 2 ~ D0.~0, ro 10.0 .3 g M F.C.M . NO# EXISTING TWO STORY FRAME BUILDING WITH ONE STORY ADDITIONS W F"X"CUT ON TOP OF o WALL 0.22 EAST NOTE: 0.2 0~ SOUTH THIS PLAN HAS BEEN REPRODUCED FROM AN "UPDATE BOUNDARY OCCUPATIONAL SURVEY ''• PREPARED BY L.R. PENNY do ASSOCIATES, c'~~• • V' •. • • • • '• .fir i INC., GATED 10-8-93 (JOB No. 93-203). ~ • '~'~ '• g.~,, ''•. ~,~' n; BASED ON THE MONUMENTATION IN THE ED~~3rY'~ ~ -. FIELD AS SHOWN ON THAT SURVEY, THE .a ~ ~ a^ : ~ ~ EXISTING HOUSE LOCATED ON LOT 15, ^~~ • `°' - ~ SUE BARCO'S SUBDMSION HAS BEEN i ~ ~. ~ _ ~ x~ ADDED BY LLOVERAS, BAUR AND STEVENS `'t ~L~` .•' .~+ ,r - AS PHYSICALLY LOCATED RELATIVE TO '~5`A•~D,~'~L~LOI~ER~IS THAT MONUMENTATION. ~"G,~•/i'~"i. L'A/VD' `.~L/~1/EYOR:S' /(l~ /'y(o2 _ _ __~ . ,. _ • _- _ _--___ EMPRESS CRUISE LINES AT CLEAR~PATER liAY M,AKiNl~ WAYS BOUNDARY PLAN SKETCH CLEARWATT]2 PINELIAS COUNTY FLORIDA .a SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST ,~ ~. .. ... ',::..... r. ~ SCALE: 1 ° = 30' ~ ~ ~ - ~ ~~ ~ \ ~ _ ~ ~J~ w ~ ? ~~ 1 `i C~ ~i ~ ~~ - z ~ 6'CHA1~1 LINK FENCE O C ~- - ~ , , ~GQ cv o ~ o` J t+ECOR. LOT 22 ~ ~'I.R'N 10 SUf sARCOS SU9. ~ ~j(j (V ~' ~ . ~ ~ ~ U 1 2 ~ 'Cl ~ ~ S.7Jooo O l 6Q2, FCl~{ . N O•}~ , - of ~ 3g E ` T~ ~ /pp 0 ~ o ~ ~S ~ 0 10.0 o.~op~^ ,. ~ ~ ~._~~ 9g39M. F.C.M. • ~8 v ~~ ~ ~ ~ ~ o a` p-+c~.R~O~~ ~ N 0 ~ I (eAl~~l F i RAJ O it ~ ~~' g EXISTING TWO S ~ 7' ' STORY FRAME p0` 9,~ ~--0.64~CONC WALL AT LINE BUILDING WITH ~ ~0. pp~ E. ONE STORY /p 9 ~8'iy F. CM. No#, uNOF~ coNC. WALL ADDITIONS w F "X'~ CUT ON TOP. OF o WALL 0.22~EAST NOTE: 0.2 0~ SOUT N THIS PLAN HAS BEEN REPRODUCED FROM AN "UPDATE BOUNDARY OCCUPATIONAL SURVEY PREPARED BY L.R. PENNY do ASSOCIATES, "` ~ INC., DATED 10-8-93 {JOB NQ. 93-203). ~*~ ~i; ~ ' ' - "•' ~ ";r ~" BASED ON THE MONUMENTATION IN THE oRgp'~(9t'~'~?''~,'~, FIELD AS SHOWN ON THAT SURVEY. THE - ^^ '• $ EXISTING HOUSE LOCATED ON LOT 15, ' ~~ ' ~ ~ SUE BARCO'S SUBDMSION HAS BEEN ' ~ v ~ `"' ADDED BY LLOVERAS, BAUR AND STEVENS ~~:•r - ^ ~ • fi" • AS PHYSICALLY LOCATED RELATIVE TO ~.~ ~~ THAT MONUMENTATION. 'LS~f'~ R~f`t ~~it/!J 9U~1/EYOF~;S' /ll° /7102 -.. '~-%~~ LLOVF.RA.~, BAUR ~c 97'EVENS EMPRESS CRUISE LINES ENGINEERS -SURVEYORS COUNTRY VILLA PLAZA AT CLEARWATER 29228 U.S. HWY. 19 NORTH CLEARWATER, FLORIDA 34521 PREPARED FOR: PHONE: 784-3965 BAY MARINE WAYS ,roe Nc. 24473 EMPRESS CRUISE LINES BOUNDARY PLAN SKETCH MR FSPFN TANf1RFRG SCALE ~" ° 3D~ _____ _ __ l CLEARWAIER PINElLAS COUNTY FLORIDA I Fax ~813~ 821-6282 r r-' ~~ ~~ W~ ~ Engineers -Surveyors Natlonalsoolety EMPRESS CRUISE LINES AT CLEARWATER JANUARY 11, 1994 °, BAY MARINE WAYS J.N. 24413 - TGR ProlesslonalEnpineers ALTERNATE PHASE 2A PARKING CONCEPT PLAN PAGE 1 OF 2 FlorldeEnplneerinp OVERVIEW AND PURPOSE. Society Empress Cruise Lines is currently in the process of bringing a 470 passenger cruise ship, the Crown Empress, to Clearwater with the FlorldaWater intention of offering two (2) daily cruises from a marina known as PollutlonControl Clearwater Bay Marine Ways. There is currently an approved plan Association which provides for 227 parking spaces servicing both the Crown Empress and the businesses that will remain within the existing American Society marina . of CIvllEngineers In summary, the required parking has been allotted as follows: FlorldaSociety Existing business to remain = 71 spaces °~ Crown Empress = 156 spaces ProfesslonalLand s°rveyora The owner of the marina wishes to investigate potential modifications to this facility which will allow a trailered boat storage area (that Tampa Bay Society i s current 1 y proposed to be removed) to remain . I n addition , Empres s of Cruise Lines is supportive of any improvement that may be made to ProlesslonalLand this facility that would provide more direct access to Fort Harrison surveyors Avenue. American CONCEPT: Congress °' Clearwater Bay Marine Ways owns seven (7) subdivision lots lying south s°rveylnp of .Nicholson Street, east of North Osceola Avenue, and west of Fort and Harrison Avenue. A otential alternative to the currentl a roved Mapping p y pP Phase 2 parking configuration is shown on the Concept Plan attached hereto and labeled Exhibit "A". In addition to accommodating the number of parking spaces already approved by Site Plan (i.e. 227 spaces), this Plan also provides an additional 23 parking spaces 21 of which would be required for an existing building which is proposed to remain on Fort Harrison Avenue. Country Villa Plaza-29228 U.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784-3965 • Pasco: Phone: (813) 842-7635 Telefax (813) 784-8153 EMPRESS CRUISE LINES AT CLEARWATER JANUARY 11, 1994 BAY MARINE ..WAYS J.N. 24413 - TGR ALTERNATE PHASE 2A PARKING CONCEPT PLAN PAGE 2 OF 2 CONCEPT: (Continued) If this Plan is implemented, the total required parking would be 248 spaces and a total of 250 spaces would be provided. In addition, there would be no need to remove the trailered boat storage area from this site, and direct vehicular access for both cars and busses would be available from Fort Harrison Avenue, in addition to the Seminole Street entrance presently approved for this project. PROJECTED APPROVAL/CONSTRUCTION TIME SEQUENCE: 1. Amendment to Parking Site Plan and Traffic Control Plan: By March 2, 1994. 2. Amendment to Conditional Use and Separation Variance: 60 days. (applications have been submitted) 3. Topographic Survey and preparation of detailed Construction Plans: 30 days. 4. Review and approval of Construction Plans by City of Clearwater, Pinellas County (Southwest Florida Water Mangement District by delegation), and Florida Department of Transportation (Fort Harrison Avenue driveway improvements: 90 days. 5. Physical site construction: 60 days. 6. Expected completion, if implemented: October 1, 1994. -fg Engineers -Surveyors National Soclety of Professional Engineers Florida Engineering Society Florida Water Pollution Control Aasociatlon American Soclety of Civil Engineers Florida society of Professional Land Surveyors Tampa Bay Soclety of Professional land surveyors American Congress of Surveying and Mapping January 12, 1994 Mr. Louis Hilton Planner City of Clearwater Planning Department 10 S. Missouri Avenue Clearwater, FL 34618 RE: Empress Cruise Line at Clearwater Bay Marine Ways Dear Lou: As requested, enclosed are the following application forms, plans and engineering exhibits as they relate to the Empress Cruise Line project at Clearwater Bay Marine Ways. 1. Copy of Conditional Use Application, which includes the Exhibit "A" legal description, Conditional Use Permit Sketch, and Certificate of Title. NOTE: This application is being given to you as a photo- copy of the original signature. We will be receiving the "hard copy", with the original signature, tomorrow, and at which time we will deliver to your office the original executed and notarized form. 2. Copy of Separation Variance Application, including attaching as an exhibit the Conditional Use Permit Sketch. NOTE: This application is being given to you as a photo- copy of the original signature. We will be receiving the "hard copy", with the original signature, tomorrow, and at which time we will deliver to your office the original executed and notarized form. Country Villa Plaza-29228 U.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784-3965 • Pasco: Phone: (813) 842-7635 Te1efax (813) 784-8153 . ~ ~~ Mr. Louis Hilton January 12, 1994 Page two. 3. Fifteen (15) copies (on letterhead -- 2 pages). of the Overview and Purpose, Concept, Projected Approval/ Construction Time Sequence. NOTE: This is the information requested by Scott Shuford at our recent meeting held at the site. 4. Fifteen (15) prints (18" x 24" -- 1 sheet) of the Alternate Phase 2A Concept Plan. This Plan shows the Phase 2A parking area that is located from Fort Harrison Avenue to North Osceola Avenue, south of Nicholson Street. It is our understanding that you will be processing these application forms with the appropriate City of Clearwater Boards and staff depart- ments for approval purposes. It is also our understanding that, based on the submittal of this information, that an Occupational License will be issued for the Crown Empress as agreed at our meeting at the site. Please call Tom Radcliffe or myself should you require additional information. Very truly yours, LL~G'~S, BAUR AND STEVENS Sandy" Lloveras, P.E. Enclosures cc: Howard LeVasseur, w/copy of items 1 thru 4 inclusive Espen Tandberg, w/copy of items 1 thru 4 inclusive. Lionel "Tibby" Thibadeaux, w/copy of items 1 thru 4 inclusive David Bacon, Esquire, w/copy of items 1 thru 4 inclusive SL:dn ;+.~ , ;. ~~ ~_r. ~_ ~.~a ~~.. Engineers -Surveyors February 11, 1994 National Soclety of Professional Enplneers Mr. Louis Hilton, Planner City of C1 earwater Planning Department Florida Enplneerinp 1 0 S. Missouri Avenue society C1 earwater, F1 on da 34618 Re: Empress Cruise Lines at Clearwater Bay Marine Ways Florida Wafer Pollution Control Association Dear Lou: As requested, enclosed are thirty (30) prints (24" x 36" - 1 sheet) AmerlcanSociety of the "combined" Plaster Site Plan for the above referenced project. Civil Enplneers The plan has been titled "Site Plan/Parking Restri pi ng P1 an" . Thi s Site Plan shows the original proposed/existing improvements on the main facility property of the Clearwater Bay P~arine Ways, together FlorldaSociety with the parking addition property that lies between North Osceola Professional Land Avenue and Fort Harrison Avenue, south of Nicholson Street. Thi s Surveyors. Site Plan was as previously requested by Scott Shuford and the City staff in support of the Empress Cruise Lines and marina project on this property. Tampa Bay Soclety Professlonat Land It i s our understanding you wi 11 be distributing the above outlined surveyors Site Plan to the appropriate City staff departments and City Board members for their utilization and consideration of the two (2) building applications that krill be heard in the very near .future by American the City. It is our understanding that the Planning and Zoning conpreas Board will consider the Conditional Use application on Tuesday, Survylnp February 15, 1994, and that the City of Clearwater will consider and this project for final approval on Thursday, March 3, 1994. Please Mapping let us know if there is any differences in these two (2) scheduled public hearings that will be held in City Hall. ~-~-- - - ~ ~~~~ ~~N71RAL I~ERh~iTTiNt~ R CL~ApWATER Country Villa Plaza-29228 U.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784-3965 • Pasco: Phone: (813) 842-7635 Telefax (813) 784-8153 _~, .~ - Mr. Louis Hilton 2. February 11, 1994 As we have discussed, in addition to the above "combined" Site Plan, we are in the process of preparing the Engineering Con- struction Plans for the parking lot and drainage improvements as required by the City.- Once. the final Civil Engineering Plans are completed, we wi11 submit it to the City for-their approval and to Pinellas County/Southwest Florida Water Management Dis- trict for Stormwater Management permitting. After you have had a chance to review the contents of .this letter, together with. the enclosed Site Plan, please let us know if you need additional information regarding this project. Very truly yours, BAUR AND STEVENS Sandy" Lloveras, P.E. SL:am enclosures cc: Howard J. LeVasseur w/two prints of Site Plan Espen Tanberg w/two prints of Site Plan Lionel Thi6adeaux w/one print of Site Plan ` J engineers -Surveyors Natlonel Soclety OI Professlonel Engineers Florlde Enplneering Soclety Florlde Waler Pollution Control Aaeoclatlon American Soclety of Clvll Engineers Florltla tiootety tlf Profeaelonal Lend surveyors Tampa Bay Soclety of ProtesalonalLand Surveyors Amerlcen congress of surveying and Mapping September 28, 1994 Mr. Scott Shuford Director, .Central Permitting City of Clearwater P.O. Box 4748 10 S. Missouri Avenue Clearwater, FL 34618 ~~6~~~~ ~ OCi 0 3 ~g94 CITY OF GLFARVi1ATER RE: Empress Cruise Line at Clearwater Bay Marina Clearwater, FL Dear Scott: Based on my telephone conversation yesterday with Lou Hilton of your department, this letter will provide you with a detailed synopsis of the governmental site permitting process and status in order to con- struct the east parking lot (between Fort Harrison Avenue and North Osceola Avenue) and the west parking lot (west of the existing Empress Cruise Line terminal building). As you are aware, the City Commission imposed a condition on this project that these parking lot additions be constructed by October 1, 1994, in order to support the Empress Cruise Line and the Clearwater Bay Marina facility. An itemized synopsis of the different steps that we have taken over the past six (6) months is as follows: 1. The Final Site Plan was revised and submitted to the City staff for final review and approval, after the City Commission public hearing, utilizing the conditions imposed by the Commission. 2. A request for Site Plan Certification was made to the City staff, and the Certified Site Plan was approved by the City Clerk for this pro~~ct. 3. Final Engineering Construction Plans were prepared and submitted to the City Bui ding Department for review and approval. These Construction Plans, which included the technical details for the conntruction of the east and west parking lots, drainage system, landscaping and related infrastructure features, were approved by the City staff for construction purposes. In order to obtain Country Villa Plaza - 29228 U.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784-3965 + Pasco: Phone: (813) 842-7635 Telefax (813) 784-8153 Mr. Scott Shuford RE: Empress Cruise Line at Clearwater Bay Marina September 28, 1994 Page two. construction plan approval, these engineering plans were revised in accordance with the City staff requirements. 4. The Traffic Control Plan was prepared and submitted to t~c,ty r~afi`ic ngineering Department for review and approval purposes. This Plan was revised in accordance with the City Traffic Engineering staff comments and approved for construction purposes. 5. The Drainage Plan and Calculations were submitted to t efi C ty Engineering Department for review and approval purposes. These Plans were revised in accordance with the City staff requirements and approved for construction purposes. This included the drainage detention areas and stormwater manage- ment systems for this project. 6. Simultaneously with the submittal of the Final Engineering Construction Plans to the City of Clearwater staff, the other required additional government/State of Florida. Permits were applied for, an t ese are as o '~ws: a. A permit has been in process for several months with the State of Florida Department of Transportation (D.O.T.) in order to allow the construction/connection of a driveway to Fort Harrison Avenue/U.S. Alternate Highway 19. The D.O.T. has requested numerous revisions, requested a special drainage permit appli- cation, requested neighborhood connection plans, and other technical data in order to support the new driveway from the east parking lot to Fort Harrison Avenue. As of this date, the D.O.T. Driveway Permit has not been received in our office, however, we anticipate that this driveway connection permit will be approved and issued by D.O.T. within the next couple of weeks. Mr. Scott Shuford RE: Empress Cruise Line at Clearwater Bay Marina September 28, 1994 Page three. b. A permit was submitted to Pinellas County/South- west Florida Water Management District (SWFWMD) (by delegation) for this stormwater management system (drainage system) for the proposed east and west parking lots for this project. Pinellas County accepted the stormwater Management Permit applciation, together with engineering plans and related calculations/documents, and a couple of weeks later decided that they did not have the authority to issue a stormwater Management Permit for a parking lot expansion at a marina. The County's position was that a marina is regulated by the State of Florida Department of Environmental Protection (D.E.P.), and therefore, when you modify a marina parking lot it becomes part of the marina project itself and must be regulated by D.E.P. and not SWFWMD. We then contacted the D.E.P. and requested their authority to regulate a parking lot addition to an existing marina. Initially we were informed that a parking lot, which was a stormwater manage- ment permitting facility, would be regulated by SWFWMD and not by D.E.P. A few weeks later we were finally able to obtain a ruling by D.E.P. that they were the governmental agency that had jurisdiction over a parking lot addition to an existing marina project. A stormwater Management Permit was then immediately submitted to D.E.P. in order to allow the construc- tion of the east and west parking lots within this facility. This permit has been in process for several months, and D.E.P. has requested additional information, which we are in the process of obtaining as this agency demanded. As part of this request. for additional information, we have conducted a traffic count of the number of automobiles and boat vehicles that are located in this marina facility proejct in order to analyze the pollution impact of gas and oil that could migrate to the Clearwater Bay marina basin. This traffic count, calculations, plan revisions, and additional data as requested by D.E.P. is in the process of being Mr. Scott Shuford RE: Empress Cruise Line at Clearwater Bay Marina September 28, 1994 Page four. formulated and then will be immediately sub- mitted back to D.E.P. for, what we hope will be, final permit approval of the stormwater management system at this project. We are uncertain as to-when D.E.P. will finally issue a Site Construction Permit for this storm- water management system in order to allow the construction of the east and west parking lots at this marina facility. It is possible that D.E.P. may take an additional 90 days in the review process, since the law allows this agency this kind of time schedule after the application is considered complete and to the satisfaction of the D.E.P. staff personnel. Please be advised that as of this date, we have not received a Completeness Notice for this parking lot expansion project. 7. In anticipation of obtaining all of the necessary site permit approvals and construction permits for the east and west parking lot construction projcts, we requested bids from site contractors. At the present time, we have a site contractor who is our low bidder and is ready to begin site construction of the parking lot and infrastructure system at this project. However, we have informed the contractor that con- struction cannot commence until all governmental approvals and construction permits are in our possession, and therefore, we presently have the site contractor on a standby basis. In summary, as you can see from the above, we have been diligently working to obtain all the necessary site permits in order to con- struct the east and west parking lots at the above-referenced proejct. In the meantime, our client has completed the buffer walls and the other features that the staff requested at this project. Since we have not made the deadline of October 1, 1994 for the construction of these parking lot additions, we are there- fore requesting additional time to be able to complete the govern- mental permitting process and be able to construct the parking lot pavement projects and infrastructure systems. Once this project is scheduled before the City Commission for a public hearing, we .. Mr. Scott Shuford RE: Empress Cruise Line at Clearwater Bay Marina September 28, 1994 Page five. would appreciate being notified so that we can have representation at this Commission meeting. Please be advised that, it is our understanding, Mr. Howard LeVasseur will be out of the country primarily the majority during the month of October. You may want to possible coordinate a meeting schedule with Mr. LeVasseur since it is our recommendation that it is very important that he be present at any public hearing on this project. Please let us know if you need additional information regarding this project. Very truly yours, L S, BAUR AND STEVENS - S Sandy" Lloveras, PE.. cc: Louis Hilton Howard LeVasseur SL:dn Engineers -Surveyors National Soclety of Professional Engineers Florida Engineering Society Florida Water Pollution Control Association American Soclety of Civil Engineers Florida Society of Professional Land Surveyors Tampa Bay Soclety of Professional Land surveyors American Congress of surveying and Mapping November 29, 1993 Mr. Lou Hilton Planner Clearwater Planning & Zoning P.0. Box 4748 Clearwater, FL 34618 DECO 1 1993 PLANNING & DEVEL~RiIENT DEPT. RE: Empress Cruise Line at Clearwater Bay Marine Ways Dear Lou: As requested through Tom 12 prints (24" x 42") of for the above-referenced reflect the required six bu.f.fers, the required 6% parking reconfigurations Radcliffe of our firm, please find enclosed the Revised Site Plan/Parking Restriping Plan project. This Site Plan has been revised to -foot (6') high concrete walls and associated interior landscape area, and all necessary to provide the required 218 parking spaces. It is our understanding that you will be attending the Thursday, December 2, 1993, City of Clearwater Commission meeting, and Tom will meet you there with a mounted colored-up version of this drawing. If you should have any questions or need additional information, please do not hesitate to contact our office. Very truly yours, BAUR AND STEVENS Sandy" Lloveras, P.E. Enclosure cc: Espen Tandberg, w/1 print of Revised Site Plan/Parking Restriping Plan Tibby Thibadeaux, w/1 print of Revised Site Plan/Parking Restriping Plan David Bacon, Esquire, w/1 print os Revised Site Plan/Parking Restriping Plan SL:TGR:dn Country Villa Plaza-29228 U.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784-3965 • Pasco: Phone: (813) 842-7635 Telefax (813) 784-8153 .s~>_ ~~ . -~.~~ ~, Engineers -Surveyors National Soclety of Professional Englneers Florida Engineering Society Florida Weter Pollution Control Association Amerlcen Soclety of Civil Englneers Florida Soclety of Professional Land Surveyors Tampa Bay Soclety of ProfesslonalLand surveyors American Congress of Surveying and Mapping November 23, 1993 Mr. Lou Hilton Planner Clearwater Planning & Zoning P.O. Box 4748 Clearwater, FL 34618 RE: Empress Cruise Line at Clearwater Bay Marine Ways Dear Lou: Per our telephone conversation yesterday, enclosed are 12 prints (24" x 36" -- 1 sheet) of the Revised "Site Plan/Parking Restriping Plan" for the above-referenced project. The revisions to this Site Plan encompassed removing the proposed 600 passenger Majestic Empress and replacing that ship with the proposed 470 passenger Crown Empress. In addition, we have revised the parking in order to add the number of required parking spaces, that is 218, to serve the Crown Empress and the other remaining users at the marina facility. The "Parking Tabulation" has been revised to show the new parking calculations, and this is shown on the lower right-hand side of our Site Plan drawing, just to the left of the title block. Based on this new Parking Tabulation, no variance is required for this proposed Crown Empress cruise ship as shown on this Revised Site Plan. All other City and staff Site Plan requirements are still shown on this Revised Site Plan. It is our understanding that you will staff this Revised Site Plan with the appropriate City of Clearwater departments for formal approval purposes. After reviewing this Revised Site Plan, if you determine that a special Development Review Committee meeting is needed, please let us know and we will be happy to attend. In addition, if you need additional Site Plan prints for distribution to the City Commission or to any other City department/board, please let us know and we will immediately deliver to you the number of needed prints. Our concern is that time is of the essence, and as you are aware, this project is scheduled before the City Commission on December 2, 1993, and this cruise line is hoping to begin sailing on December 3, 1993. Country Villa Plaza-29228 U.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784-3965 • Pasco: Phone: (813) 842-7635 Telefax (813) 784-6153 iti~ ~ .i Mr. Lou Hilton November 23, 1993 Page two. Please call either Tom Radcliffe or myself should you have any questions or need additional clarification regarding this project. Very truly yours, LL(~2AS, BAUR AND ST EVENS Sandy"~loveras, P.E. Enclosures cc: Espen Tandberg, w/4 prints of Revised Site Plan Tibby Thibadeaux, w/1 print of Revised Site Plan David Bacon, Esquire, w/1 print of Revised Site Plan SL:dn (~ ~.. r e Engineers -Surveyors EMPRESS CRUISE LINES AT JANUARY 4, 1994 . National Society CLEARWATER BAY MARINE WAYS or TRAFFIC CONTROL PLAN Professlonal Englneers Florida Engineering pURl~Sl~: Society This plan has been prepared to set forth methods of traffic contol and to provide guidelines for traffic control to be implemented at the above captioned site to help m;n;m;ze the impact Florida Water of the traffic produced to the adjacent properties. It should be recognized that this iS only Pollution Control intended to be a guideline. After the site IS in actual operation the methods of traffic control Association should be continually monitored and adjusted as necessary. American Society It should also be recognized that the extent of traffic control necessary for a cruise with few or passengers may be less intensive than the traffic control required for a full booking. Civil Englneers For the purpose of this plan, traffic has been divided into three general categories. Florida Society 1. PASSENGER VEHICLES (LE. CARS, PASSENGER VANS, PICKUP TRUCKS, ETC.) of Professlonal Land surveyors 2 MID SIZE BUSSES (LE. 20-30 PASSENGER TOURIST VEHICLES) 3. FULL SIZE BUSSES Tampa Bay Society of Professlonal Land Surveyors SITE CONSTRAII~iTS: American congress This site currently has four points of ingress and egress. of Surveying 1. NORTH OSCEOLA AVENUE DRIVEWAY. and Mapping 2. NORTHEASTERLY ENTRANCE VIA AN UNNAMED ALLEY 3. NORTHERLY ENTRANCE FROM SEMINOLE STREET (SEMINOLE BOAT LAUNCHING RAMPS) 4 SOUTHERLY ENTRANCE FROM SEMINOLE STREET (SEMINOLE BOAT LAUNCHING RAMPS) These access points are shown on EXHIBTT "A" Country Villa Plaza-29228 U.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784-3965 • Pasco: Phone: (813) 842-7635 Tetefax (813) 784-8153 EMPRESS CRUISE LINES AT JANUARY 4, 1994 CLEARWATER BAY MARINE WAYS TRAFFIC CONTROL PLAN PAGE 2 PRIOR TRAFFIC CONTROL CO 1. DURING TIMES OF CRUISES, ATTENDANTS WILL BE PROVIDED TO DIRECT TRAFFIC 2 NORTH OSCEOLA AVENUE DRIVEWAY WILL NOT BE USED BY EMPRESS. 3. ALLEY ENTRANCE WII.L BE GATED AND ABANDONED EXCEPT FOR EMERGENCY FIRE DEPARTMENT ACCESS. 4. PASSENGER VEHICLE TRAFFIC WILL ACCESS THE SITE VIA THE NORTHERLY ENTRANCE FROM SEMINOLE STREET. PASSfiNGfiR VBffiCLfi PLAN: All passenger vehicles will access the site via the northerly Seminole Street entrance, No pazking will be allowed in the Seminole Launching Ramp property. Vehicles will be pazked leaving the westerly 11 phase 1 parking spaces open as long as possible to provide for bus loading and unloading azea. All passenger vehicles will exit the site via the northerly Seminole Street entrance and the southerly Seminole Street entrance as applicable. This plan is depicted on EXHIBIT "B". bIID SIZB BUS PLAN: All mid size busses will access the site via the northerly Seminole Street entrance. No pazking or unloading will be allowed in the Seminole Launching Ramp property. All unloading will be accomplished immediately in front of the terminal building. All busses are to exit via the northerly Seminole Street entrance, It is anticipated that the parking azea will open enough is the terminal building area that the smaller buses will be able to turn azound (MANEUVER 1). Alternately, the mid size buses could proceed to the easterly end of the parking area where circulation aisles aze available to effectively turn for exit (MANEUVER 2). As a last resort, the mid size bus could back into the Seminole Launch Ramp property and proceed back up Seminole Street (MANEUVER 3). These maneuvers aze illustrated on EXHIBIT "C" FULL SIZE BUS PLAN: All full size busses will access the site via the northerly Seminole Street entrance. No parking or unloading will be allowed in the Seminole Launching Ramp property. All unloading will be accomplished immediately in front of the terminal building. All busses are to exit via the northerly Seminole Street entrance. The full size bus will back into the Seminole Launch Ramp property and proceed back up Seminole Street. This maneuver is illustrated on EXHIDTT "D" IIII ; I y/ i ;~ I ~ i ro`R`"' i ~l ~~ mnor..ao~ ~ ~ ~ L ~ ~ ~ _~_ ~ l Ir. of y ~. ~' ~ 7S. ..rC I 1 ly ~ I.U~ I ~~~ ~r eo~r s~~vs-' e~'i~e'~v'' ~ ~ IL-~"• _ O ~~ i l e[ T - ~ .~~ - -- ~}_~_~ ~~~ o alsnec eoaT~~~ ~~~ -~~ - ° --~ 3 uAPoNE wvYS I i , ~_. ~ Q Z ~ n<.~.ew ~ \_ ~ ~ I I ,, . s ~ d'p~ s aaLf' ~b t ~ ~] Q l+ ~ - ' ~~ mrrt xme _ .~ ? I ~~ c.w ono E%ISTING 15 COVEFlED SLIPS ~ im Gill ~ jt, . ~ I ? I fn ~ ' `_ I~ nu.n..r~ir.marxna.m~.au~ =a v y ~ yy wwww~wu u~mm~cim wd~ ~'~ !d ~o~ ~ -------- rvm ~ I we.a~l .- II 6 TQ \ a«~ Y ~1 ~~~~\.\ 1 r ~H~~M4t~~~, p ~°~nD4r%D ~~~y~ ~ ~- Ili ~yW f I I a' Q. +A.~~7aCmeT. ~c r \\ ~ "~n^ 'U( /r _ oCT= I~~ `S III ~i I oi'Z.. .nmm % .^ -^; l~ , f e °;."0w„ ~ Je ~ //'/')~ l`iIQ~~ ^ 77 ~~-- III ~ ~. ~ ~i ~rU i w~ ~ `;`~ .... ~ gr`TP rF 4`.qQ, ~ °y i (l~,~rJU1,J~ _______________ I~~~/ ! III I I y Q>wa. I ~s U0 III ~ ~ =I ~~ A la~'IIF~ 3 .p III ~'' ! E%ISTING 18 COVEFED SLIPS 4= ~ III ii I II Z ~ ~iOOBf' eun~wse~ ~ ~ ~ ~ ~ ~ I1I'~~~, ~ i! II 'w .~ ~ ~ Mme. ~u ..oum wirc.s ~~omwroo~ ~., ~~:li~ t: II \ .~? ~ ~ un o.. - 1 ~ m+a v~~ ~ ~1 .ilnumaw ~, macmi y L-ci- ~ .ni ~ 1. x~~ xme ~ ~ Ky ~ .our ' ~l f ( ~ I I ~ ' , . . ~ V I ~~ ' , ?9 ~ All I 'mn'' ~ ./.oa~ ~ ' l y ~ W l ' ~ p i~ ~mnb~. ~~~- I• Ilr ~' ~ ve ~ Y ~. ~~;~ l ~„ ~ ro:wnvm n~.e . ~I ~ wam i - ~ ..wvo r...nmo ~ ~ i ~. ~ • ~ r nwti~ /PHASE 1 ~ """" ~~ ~/ '°~"~°~'° ~ ~ /~~~:~°°`~ ~ pj ~'~ ~"° ~ EMPRESSCRUISE LINESAT SEMINOLE BOAT 'I ~~ ro" ~~~~ ~~~a,< CLEARWATER BAY MARINE WAYS UNCHING RAMPSRAMPS ~' ~~ ~~~`~'~ ~~ °~ """' W~,' ~'"~ . , • % - 3 - :• ,._.,....,~,~„ ~~' TRAFFIC CONTROL PLAN . ~ ~ LLOVERAS, BAUR and STEVENS ~ ENGINEERS-SURVEYORS - `~~~ ~'~., 29288 U.S.19 N. `~~., ~ Clearwater, Florida 34621 ~~ Phone: (813)-784-3965 r Fax (813)-7848153 ~ ,. I ' ` ~ - I SEMINOLE STREET r.. .._.... _--- - ACCESSPOINTS ' EXHIBIT "A" ILi i~p _ ~: _ ~ ~ _ __ _ ~-_ i MK I :BN.tO ~I~ . \ p~wr..ao~ 5 ~ p L ~ ~ ~ruoa .\- - I I ~ Ir.' 4~ ~. 7 >:c„ . ~ ~" II 11 Bpi f Sli PS S~Sp ~A 1 .. ~.( r ~~ i ~~~' i 84 ~ •~•~~ ,~. ~ II c"• ~ ~~ I P i .~"v~ ~~ 911' ~ ~°~~", ..:..A'~. ~ ~ W Z .- ~r p ~p p?' 4 ~ .I ~_]C ~~pp0 ~il _ _ -- _~_~_;1 ~ ~ U E%ISTING BOAT ~~I~R 1• 'I ~"' 83 ~ ~~ Q Z .(A ``y { IAARINE WAS I "WAK I i ~ / I I-' j P~' 0 ' `~ ' d .~ L' 4~ 'c'°u°nw:R 7 \ i{I ~ ~~ !i ~~ PEE a ~`4 I OJl pwn+ KMi T ~p .w ~ ~~ ~-Boat IOCIA/nY l. ----------____ I ,J Y _ 0 S I >, Ip ;r. mnro`.. ne~r.:p~°~w~e EXISTING 15 COVEFED SLIRS ca III ~ Ib ' ~ I J f r~ n~webm ..cirr.°wnc w,°Adp~ I ~ ~ ~ I .i~w°'~ ~. 0 . j,~ ,- ~ ~ i~iaw.wwe ewoe.r:u.1m ~aA L____________ ~~ iU~ y m+cu I' I o ~~ . ,~ ~`, 4 `~ ~JjJIc°°~r ,~~ea III ` y I gjzw M III Ot ,np®. ;q r.~ ~ 7 ~g oGq,~ ` ` \ J BU)~'/'~/}/nJ/~ ' VU y ~ III Ir 'r ~ i _1t,:t r041 4S ~.q~ ll ! '(}~/~ -_- II ~ I III ~ ~ave°r _ ~ ~ ~I E%ISTING 18 COVEfl EO SIIPS~ mn ~ Y ~ III ~~ I 01 muc / ~ nonnarw,~°\ ~ ~~,I r.-~ 3d III 3C 2 I ruwu,,.e,° "oust ~ ~ U 'Y ! W . Kca~ \ ~~a/ . .. ~, „ C ~ ocmr sou.um . / / I 1 /1~ / ~ / s y _ _ _ ~ s I. 'fo t~ . ~` ~Y v R ~ ,~~.'i ~',~ i PHASE ~ >~ • ~t ~ '"""' ~ I W _ u, m.~ ~:~.~ ~ ~ ~ ~ % ~ ~ K« I' `' SEMINOLE BOAT '~ ~~~ µ ~~ ~~ \'~" "° ;~ ?i~' ~ EMPRESS CRUISE LINES AT ~, ~,. , ~-u>~u,E ''~° ~ CLEARWATER BAY MARINE WAYS LAUNCHING RAMPS ~' E~ ',~~~~/~.~ ~ ~'~~ ~'~°' 'b . ~ . ; ~, - ,o ^~"' '~° _.-A„,a~ ;~ TRAFFIC CONTROL PLAN _ J LLOVERAS, BAUR and STEVENS . ~ ENGINEERS-SURVEYORS \ ~~ 29288 U.S. ~ 9 N. - ~.. FNT Clearwater, Florida 34621 - ~NCF ,~ Phone: (813j-784-3965 ~,~T rf Fax: (813j-784-8153 ' - I SEMINOLE STREET t _ PASSENGER VEHICLE PLAN ' EXHIBIT °B" .no~en..nn "u ~ ;„~ "` I ' mm~ „u""~"<T Ie.rr houu ~~ SEMINOLE BOAT LAUNCHING RAMPS MANEUVERI ~~~ ,.,, 3 \ -,_~.. ~_-~ . ~~ .~ ~ Q ~ ~ .- - ,- i - ~ ( \\ ii ~ \~ ..re .nr~o ~N etsic°+eo ~~W ~ T A ~~ ~ ~ T .s- no ~ mx.4 .1~ ~ • pn ~ J -''44 4 I r Z - LL J ~ W / ~' -~ _ ' - _ I_I_i~ I ~ O¢ L; ~ ~ L'" ~° I ._ V '= ~m°"~~~e ~ d~ st'~ ~ iCU a Q e Q -J III ,, ~ _.~ g ~~ ~ ~ R ~,~~`1 ~ I ,I ~ ~ ~ 1 ~ i ' ~ ~ . Q - y I ~ li rl ,fly I~I ~~ wl ~ ~ q1~-' ' I- I~- i ~~ ' ~ I a~ Q ~ I FI -.9 iii r ~ al ~ ~~ ~ III ~~I__. ~ i "~' I p~iMO'" ~ III ', ~ ~ ~` ITii ~ , ~ ~ Z ~ MANEUVER 2 - ~~ T I I ~~ ~ . ~. - ,M - I 1 ~I nn~ ~ I` I .Y r~ ~ I ~ p,; ~' m""°~ ~ EMPRESS CRUISE LINES AT + ~.; 3~`~wn CLEARWATER BAY MARINE WAYS , TRAFFIC CONTROL PLAN 1 LLOVERAS, BAUR and STEVENS ~ ENGINEERS-SURVEYORS _ 29288 U.S.19 N. ~ Clearwater, Florida 34621 ! Phone: (813j-7843965 ;~ Fax: (813)-784-8153 SEMINOLE STREET t- ------- --- - - LAN MIQ SIZE BUS P EXHIBIT "C" i~l • • I~~ i%1u ~~ I ~pee«/I ~: p ~ ~t e°.r s~~ns ~ Stu°~r• i - ~ ~-" ~ r y1~ i ~ I I 8g 1 ~ , ~u.. I/_~J I i tJJ ,• W3 n~~~.~o~ ~pe°o°uu~ ,,~ ~m^a I r ~ tom. 1~~ V ~ °'' i ~ Pao „Y~ n"`.'\ !III ~,~ ~~ ~ J , ~ : .o- \ i ~ :.a I r r 111 OQ E%ISTINI C 9DAT ~~~~ 1 -~~~ -t ~ '"~ '_ ~J ~ MARINE WAYS I o ~"~ .. ~~ Z i 1 Lam. ; S, prP°~ys f W w[n. 05 ` \-IOOW. fOQN/rl. ------_-- I .Jt. ~° ~ ~ I / •=~ a~f ~r ` „d,~~,,~,,,.,~o,,,° I E%ISTING t5 COVERED SLIPS ~ ,r ' 1 • 1 ~I ~Q n;',~ xi~"'°:e~iw`.iOw~.ia d"A~F'~ I ~~~ Ta ., ~1~11 IN ~ ~~ ~ I i. .,~.,. ' .i;: "°~~"" "°°"""'m os.?o+` ~ -------------! "'",114 "~~'''' . 1 0 ~ I ~~ «~ ~ _ I~Ic' II• ~ T .,w>4.\o<rn \ r .~°~°rbfy v i~~T 5. ~I~_ I~~ rl W ~` 1 ~ I ~'~ .~ ~ ~ / ~~ta"ytu~ 1,/~cG^rlNn ~A~~ ?a III T ty ! I a~ Q ..~.r. `/~ ~ ~ . ~e // ,1)"//-ODC'r~ IVIF-: III .y ~ ~I ~"' nraue ', ~`,. ~ ;7 °~B I ~ECgO~r, ~~ J (~~/~v`/(J(' ~f p ~ ~ II / ~, 1 ~ I e . ~~ •If4QQ~ ~°4?~~ "'r,•rN.B~tr l ~,~°,y,~'/~/~j "t,Jl -------------- ~ ~ I/ III ~ pauna. H~ ,~ 0 ~~~/' , mw I \ ~-r \) b"``w' ~ !! ~ I o a ~ !^~ t •? III pj `' _~ mmi¢ .., _ / ~ E%IS71NG 18 COVERED SIIPS~ Im. ~~_?E ~ III i~ I~ 121 ,.,~„~~, e.rtwmc _ / 111 ~ • ~.nous. y ..._ ~ ..eu+e L rwmm v.amn noana.wa\ *~ -~i~l f~ I Yp ~ loco.. ~e n if . iM1~ ~I m°cmo / 1 ! I I I ~l/ i i / i / ~~ ~I~s ~ _ _ _ All ,k., i 1. F ti a~~ \ / ~M;'. eouwu '- ~m / ~ L =€I ~/ ~ • /~ m.w, ~ PHASE 1 ~ • ~~ I Gov ~~ ~°tt'~~"°~"""° ~ /,~~~,~"`~ „a ~;~ ~~ %'~" r EMPRESS CRUISE LINES AT SEMINOLE BOAT ,,i ~~/ .~ r~,,~ ~~~ '`~ ~ J ' ,~>~~wR CLEARWATER BAY MARINE WAYS `LAUNCHING RAMPS s `~ ._,. ° • TRAFFIC CONTROL PLAN LLOVERAS, BAUR and STEVENS ENGINEERS-SURVEYORS _ ~ 29288 U.S.19 N. ~ Clearwater, Florida 34621 Phone: (813)-764-3965 • ~ ~' Fax: (813)-784-8153 - ~ SEMINOLE STREET fi.. _-- -_. ---- - - - FULL SIZE BUS PLAN 'EXHIBIT °D" Engineers -Surveyors Nellonel Soclety of Prolesalonel Enpineera Florlde Enplneerinp Soclety Florlde Water Polt~tlon Control Aesocletlon Amerlcen Soclety of Civil Enplneere Florlde Soclety m Proles slonet Lnnd Surveyors Tampa Bay Society of Profeselonal l.a nd Surveyors Amerlcen Conprese of s~n,eylnp end Mapplnp September 28, 1994 Mr. Scott Shuford Director, Central Permitting City of Clearwater P.0. Box 4148 10 S. Missouri Avenue Clearwater, FL 34618 ~~~~~~ o sEP ~ o tss4 CENTRAL PERMITTING CITY OF CLEARWATER RE: `Empress Cruise Line at Clearwater Bay Marina . Clearwater, FL ~ ' Dear Scott: Based on my telephone Conversation yesterday with Lou Hilton of your department, this letter will provide you with a detailed synopsis of the governmental site permitting process and status in order to con- struct the east parking lot (between Fort Harrison Avenue and North Osceola Avenue) and the west parking lot (west of the existing Empress Cruise Line terminal building). As you are aware, the City Commission imposed a condition on this project that these parking lot additions be constructed by October 1, 1994, in order to support the Empress Cruise Line and the Clearwater Bay Marina facility. An itemized synopsis of the different steps that we have taken over the past six (6) months is as follows: I. The Final Site Plan was revised and submitted to the City staff for final review and approval, after the City Commission public hearing, utilizing the conditions imposed by the Commission. 2. A request for Site Plan Certification was made to the City staff, and the Certified Site Plan was approved by the City Clerk for th sir pro~~ct. 3. Final Engineering Construction Plans were prepared and submitted to the City Bui ding Department for review and approval. These Construction Plans, which included the technical details for the conntruction of the east and west parking lots, drainage system, landscaping and related infrastructure features, were approved by the City staff for construction purposes. In order to obtain Country Villa Plaza • 29228 U.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784.3965 • Pasco: Phone: (813) 842.7635 Telefax (8t3) 784-8153 ~ i ..~~.. .w.A.t~'d-, ~ x .e 'i ` . * A 1~ ~. sic ~ ~~ ~. ! ~' Mr. Scott Shuford RE: Empress Cruise Line at Clearwater Bay Marina September 28, 1994 Page two. construction plan approval, these engineering plans were revised in accordance with the City staff requirements.. 4. The Traffic Control Plan was prepared and submitted to testy rT~ic ng~neering Department for review and approval purposes. This Plan was revised in accordance with the City Traffic Engineering staff comments and approved for construction purposes. 5. The Drainage Plan and Calculations were submitted to t e~'ity Engineering epartment for review and approval purposes. These Plans were revised in accordance with the City staff requirements and approved for construction purposes. This included the drainage detention areas and stormwater manage- ment systems for this project. 6. Simultaneously with the submittal of the Final Engineering Construction Plans to the City of Clearwater staff, the other required additional government/State of Florida Permits were applied or, and these are as fo ~,~s: a. A permit has been in process ,f or several months with the State of Florida Department of Transportation (D.O.T.) in order to allow the construction/connection of a driveway to Fort Harrison Avenue/U.S. Alternate Highway 19. The D.O.T. has requested numerous revisions, requested a special drainage permit appli- cation, requested neighborhood connection plans, and other technical data in order to support the new driveway from the east parking lot to Fort Harrison Avenue. As of this date, the D.O.T. Driveway Permit has not been received in our office, however, we anticipate that this driveway connection permit will be approved and issued by D.O.T. within the next couple of weeks. l~ .. .. L LAW OFFICES OF ~aECEIVED Bacon, Bacon, Johnson, Goddard & Moody OCT 3 1 194 A Partnership of Professional Associations POST OFFICE BOX 13576 CITY CLERK DEPT. 2959 FIRST AVENUE NORTH ST. PETERSBURG, FLORIDA 33733-3576 FACSIMILE 813-323-936 BACON & BACON, P. A. DALE A. JOHNSON, P. A. ADRIAN S. BACON, of counsel October 28, 1994 Direct Line: 813-327-4866 DAVID A. BACON FRANK W. GODDARD, P. A. DANIEL L. MOODY, P. A. Direct Line: 813-327-4866 Direct Line: 813-327-3935 Citv of Clearwater Office of City Clerk Department of Central Permitting Second Floor, 112 Osceola Avenue Clearwater, FL 34616 Attention: Scott Schuford, Director Copy to: Lou Hilton RE: Empress Cruise .Lines / Clearwater Bay Marina Facility Dear Mr. Hilton and Mr. Schuford: As you may be aware, I represent Adventure Seaways Corporation, the owner and operator of the Empress Cruise Line business being conducted at Clearwater Bay Marina. Mr. Espen Tandberg of Adventure Seaways Corporation has recently received a copy of your letter dated October 19, 1994, pertaining to the issue of impact fees. Based upon the information provided, it is the understanding of my client that the total transportation impact fee determined by the City traffic engineer for the City of Clearwater is the sum of $59,556.00, which sum was calculated based upon the estimated impact of my client's cruise line operation at the Clearwater Bay Marina. My client originally paid to the City the sum of $40,175.OC, leaving a remaining balance of $19,381.00, of the original calculated impact fee. It has been the anticipation of my client that such impact fee would be re-evaluated and adjusted based upon an actual traffic and impact study pertaining to the cruise line operation. However, the impact study has not been completed to date. Therefore, my client has issued its check in the sum of $19,381.00, which check is enclosed herewith and tendered to the City to pay the remainder of the original impact fee sum of $59,556.00. City of Clearwater Page Two October 28, 1994 According to your subject correspondence of October 19, 1994, there is an additional impact fee in the sum of $10,397.00 for which payment is presently requested, calculated based upon 17 boat slips which have been added to the marina. My client understands that the total impact fee of $69,953.00 has been calculated by your City traffic engineer based upon the marina facility in its entirety. However, it is the position of my client that the additional impact fee of $10,397.00 is to be paid by the landlord, as such amount is calculated for additional boat slips and not based upon any impacts caused by the Empress Cruise Line operation; and, therefore, it is expected that such amount will be promptly paid to the City by the landlord. In the event that the landlord fails to pay such amount, then my client will undertake responsibility to assure full compliance with all applicable impact fee matters. I am currently corresponding with the landlord to be certain that these matters are promptly addressed. I have been advised that the impact fee calculations should be available from the engineer within the next week to ten days. We will, at such time, communicate directly with the City traffic engineer and your office regarding such issue. Based upon my conversation with Mr. Hilton, it is my understanding that the City may take the posture that the traffic engineering studies have not been timely completed. However, Adventure Seaways Corporation has incurred substantial expense in attempting to satisfy all requirements of the City including the issue of impact determination; and, therefore, they desire to review such matters with the City as soon as the pertinent information is available. The principals of Adventure Seaways Corporation are very concerned based upon communications which they have received in the recent past indicating that there are remaining unresolved issues causing concern to City officials pertaining to the Empress Cruise Line operations. The most notable of such suggestions is the recent matter pertaining to dredging. It has been the understanding of my client that the issue of dredging was being properly and timely addressed by representatives of the landlord, Clearwater Bay Marina, Inc. It has remained the belief of the members of the Tandberg family, as the principal owners of Adventure Seaways Corporation, that all issues and matters of concern to the City of Clearwater have been resolved or are currently being given prompt and appropriate attention. My clients want to confirm assurance to the City their most sincere desire to establish and maintain a cooperative and harmonious relationship, and that Empress Cruise Lines will remain a welcomed and valued business in the City. It is requested that you presently advise me of any and all unresolved issues or other matters of concern to the City pertaining to the Empress Cruise Line operation. Al 1 such matters will receive prompt attention with an immediate response being communicated to you and appropriate City officials. City of Clearvvater Page Two October 28, 1994 Thanking you for your attention to the foregoing and with kind regards, I am Yours very truly, E DAB:dIt W Z W Q 0 N 0 !I Iz III--' 110! Flo ~~ Z i 0.8 ACRE +/- SITE TO BE ADDED TO CLEARWATER BAY MARINE WAYS FOR THE PURPOSE OF ENHANCING PARKING AND TRAFFIC MOVEMENT PATTERNS NICHOLSON STREET r, ~ r-------__ - -~_ _ _ I 1 I II I 1 1 1 II II II II II II ~~j ~~PR~~/ ~~ // ~ ~/ rl rl _ %C t Ar+o 2 stoRY CO>a61ERCl?L BUILDING (3,530 S.F. - 21 PARKING SPACES REQUIRED) ___~, ,, ,, r ~ rrr rr ~ / ~ rr rr r, ~~ , rr ` 2 P rr e rr rr rl ~ ~ ~~ rq r I - . / ~ rl rr O // !/ /^ rl v ' \ r, // Ir ~~ ~ rr // p l r/ •~ /r rr rr rr / ~~ / ~ rr O rr rr rl rr ~ 1 rr u p TOTAL PARKING PROVIDED - OVERALL SITE = 250 PARKING SPACES NOTE: T}IIS PLA1J IS PREUlAlt14RY ANO CONCEPTUAL, fOR CONCEPT PLAT! PURPOSES ONLY A1lD IS SUBJECT TO FINAL ENCItJEERItIC DESIGN, SURVEY, ANO GOVERtlIAEtrTAL APPROVALS. l ~ o' M' ary YI1L• 1 ~ 60' EMPRESS CRUISE L}NES~AT CLEAKWATER - ~ 8AY MARINE WAYS ALTERNATE PHASE 2A CONCEPT PLAl~ DrFRE55 CAIA SE 11126 w., I.c i..art. ... ~~~ ut~ ava rN2elaa o-x: nv _~ ao:l cocrlvt ~w,vc om, n. iCTFRSBI/RC Ii JJ7fl ritL Flo' S. l~LLf7rLFAS -+~ e 1 ~ ai 1-1600 ,,,, Il,l ~~ .~ „ .,,,. f~ el] alt-alai n.t rim. x..~mf .. I/,f LLOVERAS , BAUR do STEVEN~~ • ~_,: •,. ~~,, .. .~' ~i / ~ ' PROPERTI' OvvNER(S} NAME b ADDRESS:. (Attach Proof Per Instructions) ,t.,J Clearwater Bay ~1arinQ.+~gs, Inc. 900 Osceola-Avenue Clearwater Florida 34615 _ E3USINESS Ottih'ER: (Holder of State Licensel Adventure Seat~ays Corp, ' r , ~q~4 (antral QVPnIIP St. Petersburg, Florida__33711 TELEPHONE: 1 813 } 44~-~~07 _ TELEPHONE: (R13 ) Fi21-1E00 REPRESENTATIVE NAME & ADDRESS: Espen Morgan Tandberg, 267 126th Avenue North, Treasure Island, Florida 33706 Telephone: ( 813) 360-9103 ADDRESS OF PROPERTY (Subject or Request): 900 North Osceola Avenue Clearwater, Florida 34615 IJAME OF ESTABLISHMENT TO BE LICENSED: Adventure Seaways Corp LEGAL DESCRIPTION, OF PROPERTY (Subject of Request): See attached ZONING DISTRICT:s.R 24 and AL-C LAND USE PLAN CLASSIFICATION:_~~$D PP,ESEN7 USE OF PROPERTY: Mani na PROPOSED USE OF PROPERTY: 11ai~ina/Cruise POr+ SURROUNDING LAND USES: North Si nal P ~ ~mi l~r rPe South Seminole 1 aunchi na ramD East Funeral home/rP~ west fl parwat~r Harbor ALCOHOLIC BEVERAGE LICENSE DESIGNATION: 4 COP-SPY ~1 On Premise Consumption ^ Package Sale DO YOU PROPOSE TO PROVIDE ENTERTAINMENT ON LICENSED PREMISES? II yes, describe Live band shows, pre-recorded music. TYPE OF REQUEST (Check Applicable Box or Boxes): DNew License DAddress Change DBusiness Ownership Change ^License Designation Change DExpansion INDOOR OUTDOOR SEATS FLOOR AREA(sq.tt.) PARKING LAND AREA(sq.ft.) SEATING AREA(sq.ft.' Exiting:470 Or 600 Existing: N~~1, Existing: Existing: 5 5 Existing: Proposed: Proposed: Proposed: Proposed: 6,3 AC Proposed: HOURS OF OPERATION: Weekdays 11 :00 A.M. - 11 :45 P.M, weekends ALLOWABLE CAPACITY (Determined by Fire Marshal):, Indoor Outdoor SIGNATURE OF FIRE MARSHAL (CONTINUED ON NEXT PAGE) `~ ~~1, ~t i - C I T '.~~ O F C L F A II W A T E R POST OFFICE 80X 4748 CLEAR WATER,._FLORIDA 34618-g7gg~' DEPARTMENT OF CENTRAL PERMITTING Telephone (813) 466567 October 19, 1994 Mr. Howard J. LeVasseur, President Clearwater Bay Marina, Inc. 900 North Osceola Avenue Clearwater, Florida 34615 ~ ~ Mr. Espen Morgan Tandberg Adventure Seaways Corporation 450 34th Street North St. Petersburg, Florida 33713 Gentlemen: As you have been previously advised, there is an additional transportation impact fee due the City for the Empress Cruise Line operation at the' Clearwater Bay Marina. The initial transportation impact fee was calculated by the City Traffic Engineer to be 559,556. After 17 slips were added to the marina, the total , impact fee was increased by 510,397 to S69,953. Our records indicate that Empress. Cruise Lines has paid 540,1 75 of the required amount, leaving a balance due of 529,778. s As agreed in the initial approval of the Cruise Line operation, data was to be provided from the Cruise Line which calculated seasonal variations in the cruise operation'in order to determine actual traffic generation rates. This documentation was intended to justify the reductions in the impact fees calculated by the City. To date we have not received either the justification/documentation or the fees. Consequently, I must indicate to you that the City of Clearwater will not renew the Cruise Line occupational license until we receive either the fee payment or the documentation to justify the lesser fee. I urge.you to act promptly on this matter so that I will not have to take steps to enforce City code and occupational license requirements which could result in the termination of the Cruise Line operation at Clearwater Bay Marina. Should you have questions or comments, please contact me. Sincerely,. Scott Shuford, AICP Director of Central Permitting SS/db cc: Elizabeth M. Deptula, City Manager Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager Pam Akin, City Attorney Don Merrians, Assistant Traffic Engineer Sandra E. Glatthorn, Central Permitting Manager Steve Doherty, Permitting Supervisor Lou Hilton, Senior Planner Janet McMahan, Customer Service Repres~tive CRVS~[{SS ..E q u a l E m p l o,~ m e n t and A t ~ ~. ~, ~ ;,, ,, n_ .. _ .- ~` Mr. Scott Shuford RE; Empress Cru,i e Line at Clearwater Bay Marina September 28, 1994 Page three. b. A permit was submitted to Pinellas County/South- west Florida Water Management District (SWFWMD) (by delegation) for this stormwater management system (drainage system) for the proposed east and west parking lots for this project. Pinellas County accepted the stormwater Management Permit applciation, together with engineering plans and related calculations/documents, and a couple of weeks later decided that they did not have the authority to issue a stormwater Management Permit fora parking lot expansion at a marina. The County's position was that a marina is regulated by the State of Florida Department of Environmental Protection (D.E.P.) .and therefore, when you modify a marina parking lot it becomes part of the marina project itself and must.be regulated by D.E.P. and not SWFWMD. We then contacted the D.E.P. and requested their authority to regulate a parking lot addition to an existing marina. Initially we were informed that a parking lot, which was a stormwater manage- ment permitting facility,~would be~regulated by SWFWMD and not by D.E.P. A few weeks later we were finally able to obtain a ruling by D.E.P. that they were the governmental agency that had jurisdiction over a parking lot addition to an existing marina project. A stormwater Management Permit was then immediately submitted to D.E.P. in order to allow the construe- tion of the east and west parking lots within this facility. This permit has been in process for several months, and D.E.P. has requested additional information, which we are in the process of obtaining as this agency demanded. As part of this request r"or additional information, we have conducted a traffic count of the number of automobiles and boat vehicles that are located in this marina facility proejct in order to analyze the pollution impact of gas and oil that could migrate to the Clearwater Bay marina basin. This traffic count, calculations, plan revisions, and additional data as requested by D.E.P. is in the process of being Mr. Scott Shuford RE: Empress Cruise Line at Clearwater Bay Marina September 28, 1994 Page four. formulated and then will be immediately sub- mitted back to D.E.P. for, what we hope will be, final permit approval of the stormwater management system at this project. We are uncertain as to when D.E.P. will finally issue a Site Construction Permit for this storm- water management system in order to allow the construction of the east and west parking lots at this marina facility. It is Possible that D.E.P. ma take an additional 90 days in ~ e~ review process, since e aw ws is a ency this ind of ime trhPr~~~io ~f+pr +t,A ~ 1D~1Cdtion is considered com let nd t the satisfaction of t e Q.E.F. s nPr~~nnPl. Please Ire a~vise~ tha as of this date, we have net received a Completeness Notice for this parkin' let expansion project. 7. In anticipation of obtaining all of the necessary site permit approvals and construction permits for the east and west parking lot construction projets, we requested kids from site contractors. At the ~rresent time, we have a site contractor who is our low ~i~der and is ready t• ire'in site construction •f the 'arkin' lot and infrastructure system at this project. However, we have informed the contractor that con- struction cannot commence until all governmental approvals and construction permits are in our possession, and therefore, we presently have the site contractor on a standby basis. 1n summary, as you can see from the above, we have been diligently working to obtain all the necessary site permits in order to con- struct the east and west parking lots at the above-rer'erenced proejct. In the meantime, our client has completed the buffer walls and the other features that the staff requested at this project. Since we have not made the deadline of October 1, 1994 for the construction of these parking lot additions, we are there- fore requesting additional time to be able to complete the govern- mental permitting process and be able to construct the parking lot pavement projects and infrastructure systems. Once this project is scheduled before the City Commission fora public hearing, we ~ ' `~ i v City of Clearwater Planning and Zoning Attn. Director Dear Director, January 13, 2004 Per our discussion with your department over the past few weeks, in reference to our occupational license, we submit the following per your request. We have attached the document of recommendation as you provided, and answer as follows. We are in agreement with all the conditions provided in the commissioner's approval. All. of the requirements have already been met. We are bringing back the same vessel we operated from. this facility from 1994 thru 1.999. This vessel the Crown Empress has a passenger capacity of 470 persons including crew. We paid the city an impact fee for these premises in excess of $38,000.00 in 1994. We will also meet the requirements of the sailing restrictions in reference to time and noise. We look forward to yet another relationship with the city, residents and tourists of Clearwater. S' ~~- Espen andberg ' r:~tion was`made by Mr. K~e~~, and seconded by Mr. Bickerstaffe, for..approval of tfiis request subject • • to the following cond' i n~-~'), The applicant shall obtain an occupational license within two months of ~ ~ this public hearinge li-cant. shall obtain a variance to the parking regulations, or otherwise meet ~, City parking requirements~G~'l:-HPProyal shall be for consumption on premises on the ship gn~y, and sale and distribution of alcoholic beverages shall not occur until after the ship leaves the dock, )The applicant shall obtain an alcoholic beverage separation distance variance from the City Commission;~- The applicant shall complete all proposed site work associated with the parking facility by October 1, http:// 199.227.233.29/ISYSquery/IRLF673.tmp/8/doc 12/23/2003 1994; the construction of the walls screeni~~~orthernmost and southernmost residential properties, shall be accomplished by March 31, 1994.,•:,:There shall be a six month trial period from the date of the original approval (12/02/93) to determine if the site design, traffic routing and proposed parking lot management techniques are effectiven_handli_ ng traffic generated hy_the use; and if the hours of operation, site lighting .'•` uffering are sufficient to make the use reasonably compatible with surrounding properti , ; .. xEnvironmental Management will require stormwater retention, landscaping of the shell parking to be paved; landscaping of the Osceola Avenue buffer; provision of a spill contingency plan; and copies of soundings and Army Corp of Engineers correspondence regarding navigation access and maintenance dredging activities prior to the issuance of a certificate of occupancy; ~~The cruise ship shall be berthed by 12:30 A.M. midnight 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;~g~ All in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the Memorial Causeway bridges f e applicant shall erect a six foot tall brick or painted and stuccoed concrete block wall along the northernmost property and the southernmost property adjacent to the adjoining residential uses except for the residents who are opposed to having the proposed wall obstructing their view of the marina nd harbor, maintaining, to the extent allowed by site conditions, a 10 ft. landscape buffer in this area ~ F;There shall be no outdoor entertainment in the landside facilities, and all use of outdo Bakers on the ship while it is berthed or on landside facilities shall be prohibited after 8:00 P.1~~~~~Th re shall be no outdoor ship or site cleaning operations between the hours of 8:00 P. . a 7:00 A.M.~ite lighting shall be directed downwards and away from all ad' fining propertieS~ There shall be no storage of boats in the paved parking spaces or travel aisle `~~*A~;. :The North Osceola Avenue entrance and the eastern entrance from the Seminole boat launching facility shall not be used unless determined necessary for vehicular access by the Traffic Engineer or Fire Marsha. ,.with the primary concern being public safety rather than on-site traffic circulation convenience ~ The cruise ship shall be enclose and all entertainment shall occur within the enclosed space of the cruise ship while in the marin ' ,;_ ~ The cruise ship shall be docked in such a manner that its exhaust is emitted in a westerly direction and e fine operations while in the marina shall be kept to the minimum required by navigational necessity certified site plan shall be prepared and sub 'tted for review and finalization by the Development Review Committee by May 2, 1994; anc~~~' The proposed marina noncommercial parking lot expansion shall be reconsidered by the City Commission with regard to the alcoholic beverage minimum distance separation variance which was granted December 2, 1993. Motion carried unanimously (5 to 0). s D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. 3000 Gulf-to-Bay Blvd, William Brown's Bayview, part of Lots 1 & 2, and Lot 181ess that portion previously annexed into the City of Clearwater consisting of approximately the north 278 ft of subject property (Wilder Corporation of Delaware). A 93-29; LUP 93-42 ' LUP: Residential Low Medium ZONE: RMH (Mobile Home Residential) Mr ,4hnfnr~l pave the hackarrnmd of the case and presented. in writing. the staff recommendation. Please Print or Tvpe Owner/Qualifier Name: l= rnP r, - __--- City of Clea ~~d~ D~velopme~t Services e 100 South Myrtle Avenue, Clea ~~ FL 7 ~ 20~ Phone (727) 562-4567 Fax (7 ~627~ APPLICATION FOR OCCUPATIONA ~I~~~~T sERVicES DEPT r CLEARWATER Date of Birth: --~. G~ - Z 3 ^ G~' Mailing address: . 9~~ ~ ~~° JIICCI Vu11WC1 auee[Name weor p City State Zip Code Business Nam~e++• / Complete Company Na e Business Address: I a~reg~ tvumoer ~ r.. L sveet Name 33 ~ u~te Apt # P?_c~..~ Own r Home Phone: Bu mess Phone: ~ Date of Business Opening: ~~C3~ sZ!-8'311 ~`127~-G3 ~~ ~9~r Area Code Number Area code Number Month/Day/Year Description of Busige~s (please include number of and type of machines, the address and business name of machine(s) location): ~~o / 'F'~ ~ i o 1- 3v~ o~~G I l v .zs Individual ^ Partnership ^ Corporation ^ Please list officers and titles: Certification number (if required): I certify that the information given in this application is complete and accurate, and I understand that to make false or fraudulent statements within this application may result in denial of license and possible legal action. If granted a license, I agree to operate within the city and state laws, and to notify the City licensing division if any of the information I have given changes. I also certify I am the business owner or owners legal agent. T~ ~,s,~e~ '~ ~~e~ /Z - ZZ - p 3 Signature and Title Print Name Date FOR CITY E ONL'YDO NO RITE BELOW THIS LINE Approval Ye No Date ns ` ct^ r Zoning Zy~ Traffic Engineering ~ t Building Police Fire Health Harbormaster ~... Fic./Corp. Other ~uN`~rlu ?/ U Occupational License App.doc >~ ~~. (1J.~ i ~' G~"ategory # Fee SD Oate Issued • „~, Amt. Paid ~ ,~ f, :/'` Total Owner Group o~ +~~ n ~~ C~ ..! a CASE SUMMARY OCL-0014903 900 N OSCEOLA AVE EMPRESS CRUISE LINES 275 PASS PEOPLE Role: Owner/Property Owner/Business FEES LICENSE FEE -NEW fi,~ dr~- ~',~_ d~~ PLANNING AND DEVELOPMENT SERVICES t,~~. - ~+ MUNICIPAL SERVICES BUILDING ~~T-,~,r.. ~>~ ~.f-, 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CITY OF CLEARWATER 112 S OSCEOLA AVE PO BOX 4748 CLEARWATER, FL 33758 SOUTHERN GRACE CRUISES INC DBA 198 SEMINOLE ST CLEARWATER, FL 33758 Assessed Amount $115.75 Total $115.75 OCCUPATIONAL LICENSE Category 024050 BOATS, PASSENGER Amount Paid $0.00 $0.00 Quantity 275 Phone: No Phone FAX: No Fax Phone: 727-452-6340 FAX: No Fax l~ _ ~ n~ 1 Balance Due ~' $115.75 $115.75 # Employees 0 r:\Forms\InfoSummary.rpt OCL-0c0+14903 ~p~~j nAnIN ~.3b1-~ALQ ~V~ ~ ~~ ~- ding Review use grandfathered Recd Schedul Completion Date e Date Date 12/22/2003 12/22/2003 12/22/2003 1 12/22/2003 Disposition Done By DONE John Schodtler r Forms\InfoSumma~v.rpt d (: ~ ~U GAP D ~a ~~~~ JAN 0 7 1994~~ GENTRAL PERlif,ITT1NG CITY OF CLEARWATER dC~'~ ~' ~O~PV C~ .~p8 ~~N~ .~ ~ ~ ~ " `~~`I ~ ~ s a~ ~ ~.~~s~dv ~~ ~~~ ~~~ a ~ ~ ~~~~. ~P ~ D~~ ~~S o r ~~ n~~ ..fie ~. (~ o ~ ~ - i 93 ~ ~~h~1 ~`~ 30 as ~ ~ ~~~~ 9 . ~.s S ~ ~~:~ _ . ~ f ~ C,~ C~~ 3s~ ~ c r~ ~~~ t~~. u~.~. vv~ y ~` ~~ ~~ ov„~ ~.~.~ ~ -~~c~e. ~er~ name ~- ~'~.- o ~- 2=3 I ~ y /99.3 3oi Ce~c~~f Cf?~~u~e~tec~ ~f-~UI~~S C ~3) y~l-Iq~15 rn~ ~~ ~~, ~. a~~~- ~ ~~~~ ~f ~ ~~~ 7~'lG~ ~'S ~ ~1.uL'-R i - W~ ~ ~ ,,,,.. .. .~~~~ ''''~ ~3~ 4~,1 `'`.~ ~~~~- C~ I T 5~ O F C L E A R W A T E R .; ;.:. ~ l,^_~ „.•~; P O S T O F F I C E B O X 4 7 4 8 ..; C '.'~ ,_ CLEARWATER, FLORIDA 34618-4748 fem.. ,., 1 Fi^ fl' December 29, 1994 Mr. Howard J. LeVasseur, President Clearwater Bay Marina 900 N. Osceola Avenue Clearwater, FL 34615 Re::Clearwater Bay Marina/ Empress Cruise Lines: Dear Mr. LeVasseur: Your correspondence of December 20, 1994 to Scott Shuford regarding the Department of Environmental Protection (DEP) stormwater permit for the subject site has been forwarded to me for comments. Based on a review of available information, I have the following comments. It appears that the DEP originally requested stormwater treatment for the entire existing parking/storage area west of Osceola Avenue. This requirement has since been reduced to treatment for an area equivalent to 17 parking spaces plus drive aisles. This is not an unreasonable requirement, in that an area approximately this size is being regraded and includes a new paved driveway and five new paved parking spaces. The proposed pervious concrete subdrain trench proposed by Lloveras, Baur and Stevens does not appear sufficient for the required retention.. I realize that the site elevations are a constraint, however there may be feasible alternatives to provide the required treatment (i.e. pervious pavement, compensating treatment elsewhere on sit.e,. or an enhanced filtration or exfiltrat.ion system). Hopefully this information will be of assistance. Sin rel _ ~ 4 ich d Baier P.E. City Engineer cc: Mayor and City Commissioners ,/Scot•t - Shuford, Director -of Central._:Permitting:~ ~a '' E q u a l E m p l o y m e n t a n d A f f i r m a t i v e A c t i o n E m p l o y e r '' D ~ LS O ll DEC 2 8 1994 ,,, _'.':'~ ..___.CLIY.OE.CLEAR.WATER ENGINEERING DEPARTMENT December 20, 1994 c~P'~ ~ ~~~ ENG9NE.ERING GRQ~UP Ol JRl. ^ A4H ^ Q L~-R.kM _ ^ RRp -- - --c7-DbA+t . .-.....-.O-Gf"0 ^ `~~J; ® Cif ^ CRF • C1 taE C] RL~E3 ^ G!_E3 Q hi i3 D NP C1 f2C:.i CJ J1tilR Cl falU U Jf Mr. Scott Shuford Director of Central Permitting Post Office Box 4748 Clearwater, FL 34618-4748 f;QPI EIS TD: FIRE: ~i Clearwater Bay Dear Mr. Shuford: Marinalnc. Ex 32-9 Attached is the letter-from Early Sorenson, FDEP, which I am sure is self explanatory. The permit is still being held up by Mr. Sorenson, as he still has questions regarding the parking lot. 900 North We are trying our best to expedite this matter, however, it does not seem to be any priority to Mr. Sorenson. We have requested that if he cannot make a decision, we would like to take this to an administrative hearing because we feel his Osceola Ave. position on this matter is absurd. 1 Essentially, he is saying that he does not believe all of the parking spaces i n the existing marina were not being Clearwater, utilized. Therefore, if we utilize the existing spaces, it is going to impact Clearwater Bay. This, of course, has nothing to do with the building of the new parking lot. It is a classic case of overreaching. Florida 34615 Sincerely, ~d Howard J. LeVasseur P r e s i d e n t hh. 813-443-3207 Enclosure cc: Mayor Rita Garvey Commissioner Sue Berfield Commissioner Arthur Deegan Commissioner Fred Thomas Commissioner Richard Fitzgerald ~1, Fx.813-443-33d9 +' n ~~~ DEC 2 1 1994 ~ , CENTRAL PERMiTJTNC3,L ~ LLRR'' °`T ~ ~~ CITY OF CLEARINA ~~_` ,~ !1 ` ~ ~ ~~ 1~ ~~ FI:~EP-ti ldD ( TRP•1PA > Fa.:~ ~ 813-744-5084 Dec 29 ' 94 10 ~ 38 P. 04/04 I N T E R d F I` I C E M L M O R A N b tT Dated 21-Dec--194 0~.:38pici -EST From: early $otehsofi TPA SORENSON. Dept: Southwest District dfff Tel No: 813/744-~1~0 ~Xt: 343 giJ2~COM: 542-5100 Eitt: 34~ To: Ken Huntington TPA ( HUNTINGTaN 1z Bubjaat: EMPRESS CRUISE LINE Ken, This is tv report two (2) conversations I had today with Mr. Tditt Radcliffe, PE, of Lloveras, Baur, and Stevens, 784-3965, regarding permit application MS 52-253797-3, for Empress Cruise Line at Clearwater Bay Marina. On December 16 I received from Mr. Radcliffe a letter proposi»g, and a sketch illustrating, a stormwater treatment system fbr ~.7 parking spaces. Today I called Mr. Radcliffe and told him that the facility appeared unable to store the required 3/4-inch oflrunoff. I said that permittable and hopefully feasible alternatives appeared tti include: (1) moving the facility westward tv the seawall, and grading the adjacent area to provide the required storage; Arid {2) paving the 17 spaces and associated driveways with some type of porous pavement or other pervious system. Mr. Radcliffe said he would call the owner, Mr. Howard t,eVasseur, and convey these alternatives to him. Mr. Radcliffe called back later and .said that Mr. LeVasseur had told him that he (Mr. Levasseur) considered these alternatives unacceptable and wanted us to proceed forthwith with our denial of his permit application, and he would respond by taking us to an administrative hearing. I told Mr. ~Zadeliffe that, if tHat was Mr. I,eVasseur's desire, a letter asking us to make the application complete as it now is would expedite our effort. F 11(=F'-:~>WD (i Hf'~1F'H F,~,Y: ~ ~~ 13-744-t~Cl~4 DeI~ 19 ' ~4 1u ~ 38 P. (ice/U4 Engineers -Surveyors Natlonel Socioly of Profeaetonal Englneera Flerida Engineering Soclaty Florida Watar Porlutlon Control Aeeamatton American Society of Clvll Engineers PlOrlda society of Profas~lonal Land surveyors Tampa Bay Sooloty of Professional Land surveyors American Congress of 6urveylno end MapPInO December 14, 1994 !~. ,~, ~°o ~~c ~s 1994 V "'r,~p~rsrk,or Mr. Early Sorensoat A State Lands 8~; Enviromnental Resource Program Department Environmental Regulation 3804 Coconut Palm Tampa, FL 33619 RE: Empress Cruise Line. at Clearwater Bay Marina D.E.P. File No. NIF52253'7973 Dear Early: FA.X/M.AIL As we discussed at our meeting and subsequent telephone conversations, please be advised that we are having difficulty with your comments contained in the November 14, 1994 Completeness Summary. Specifically ,you are requesting that starmwater treatment be provided ,for large areas of the existing parking facility. As discussed, tlus request is based w on your feeling that the use of this parking area will be increased substantially above its historical use, and therefore, Waters of the Slate may be degraded. As we also discussed, this facility has been in operation sutce the 1930'x, and over the years (prior to permitting requirements) this site has lxad tn.a.ny different uses. Among those was a boat manufacturing facility, a. retail shop, multiple boat maintenaa>ce functio~ts, parking of trucks and vehicles, boat storage and many other uses ancillary to a. marina. operatio~~, in the recent past, this facility was reaching the point of bankruptcy and use of this parking area did in deed diminish. Tn an attempt to quantify the historical use of the parki.nK area of this property, we have looked at nua><xerous aerial photographs and ground, level photographs of this facility in operation over the years. Unfortunately, much of the paced area 1}as not been historically stripod ata.d t4~e parkin f; patteri~<s seem to vary considerably over the years. We believe that the existing asphalt parking area between, North Osceola Avenua attd the tertuina] building (that currently does not provide for stormwater treatrt~.e~nt) historically acconmiodated approximately 124 vehicles, not including the aroa we show ot~ our current plan to remain as trailer/boat storage. Tltie ntuuber is based on our best estimate using aerial photographs and those few stripes that do exist. In addition, i;It the area west of the existai~~ t~enninal building nvhich is currently untreated, we feel another 18 vehicles have been historically aceotnmodated. Tlus brigs our estimate of total parking discharging untreated stonnwater to approximately 142 existing spaces. Country Villa Plaza-2922$ U.S. Hwy. 19 N., Clearwater, FIA. 34621 Pinellas: Phone: (813) 784-3965 . Pasco: Phone: (813) 842-76.35 7elefax (913} 784-8153 Mr. ):arty Sorcrrson T~ecember 14, 1994 Pa~c 7 The plan, as proposed, shows a.totai of 1,59 patk3n6 spaces in untreated paved areas. Thereforc, we feel that: the 84 vehicles refetred to In your Completelress Sammatyshouid be reduced t.o approximately l.7 vehicles. Enclosed is a sketch of t:he area for which we would • propose trealrnent, and the method of treatment we will proposc is alto showlt thcreolt. After you. have reviewed this letter and sketch, please let us know if you concur so we lUtow :~ whether to revise the plan to provide for treatrent as shovnt on this sketch. 1f: you have any questions, or if 1'. can Ue of further assistance, please do slot: hesitaCc to contact It1C. Very truly rs, LLO 3RA URA 7' ENS ~' r Thomas G, Radcliffe, .E. Enclosure cc: 1~.oward LeVasseur TGR:dn/crnpress ' ~ FIIEF'-S~JD { THP9F'A) Fix ~ ~>13-741-E,0~3~1 Dec 29 ' 9a 10 ~ 37 P. 02/04 ~~ . ,~ /tiI~/~ / ~I ~/G~'~/`,~ ~~1' V~/7 ~ .A~"r~ ''x~(~ f~ ~1~rt~ f~l ~/•lKb~ ~/ln~ // f\N, 1/ I ~/ yVA A ME lEH y -_ 11 / ~~ ~ DEUCE uc --- ~,rr~ I I ~ / ~ / 6 27 . r, s osa , ~~, .._..~r-.. ~ 7" /, ~ USED --- , ' '6 F'C,P ~~ `~ ~--~ ~I_~II ~,.~ l8''R.C.f' RAIL Rf-t~ MC rat RETAIUlr1c, ! II ~ I(" ! ~,1e' fle ~INAGC ~ ~ ~ wal_~ (O.n w~oE. ~ ~ fyl ~ ~ ~ ICN7' ~~. SOFT ST(~fiAGC~ •~ 1 II 11! ~ ~ pCUC' f n ,tom Ai~CA~ ~ _ ~ , ~ ! t,' ' ~ ~- - , r .I ' -~-- ~. NIIN., ~ ,,yti ; 1 : III I GAaT~S ~~ ~ w~ ~ ~ ~ ~ l ~ ~~w~ New' r~RKIN. I • ~,` ,:. r . ~ o rY .'. .. ~ !, Y a~~~~ ~ ~ a;~ a _ 19' t ,~... ~ y,, ~, , o~ N W PnR~~IhJG- - I - :• ~ ~.~. J ~ ~ .. ., .: ,~ ,. 6 ~- .. ,. .. ,, o x 3 ~ 6x1 ~.6 ~ -~r'*'~231 ~ ` '~ :~ '. ;~ ' .~, ,• -~;~,..,,:' ¢~~%. • r,~.~p~ ~' I, -, ., ~ti ` ;. ~. ~4 ~`' ~ JIB ,~ ~ T ~ - r ~~ -~ y^at~ .w~ •~~,.~5, '~.~, ` i : ,~ +~ , - - ~-- _ ~ :'fit ~~ 'f ~io.t U r ~ ~ -- __ _ r '`h'.4,taE V $~DD ! ~ (` 1 ~ ~ ~ _` r .9c~" ~` ~~~ - to ~ ~r~~~'1,,,r~~~~~' ",.~ ~~~i~l~C /ni/ }~ % ~~w~E>~ n.+~ rr ~-~ ~~,~' 1 ~ .~"r -.. - ~ 1 +~ fem. 1. /I-1,~~j (?',~I RGI•f CQNCRF.1 L'. ~ ~ ~ i ~~-/ end / ~%~,~ /~~4 r ~`` 3 FDEF'-SKID (TRh9PA? FDEP-SID C TAh~PR ) E~~~ FROIE(ilOh' ~, , :~.. N., k Lawton Chiles Governor $outhwest District 3804 CototluC Palm Drive Tampa, Florida 33619 November 14, 1994 Clearwater Marina, Tno. c/o S. Lloveras 29228 U. S. Highway 19 North Clearwater, FL 34621 Dear Mr. Lloveras: P. 01/04 P. 02/03 Virginia B. Wetherell Secretary This is to ac3cnawledge receipt of your application file number, MS522S37973 to construct a surface water treatment system for new parking spaces at G1e~tYwater Marina in Section 9, Township 29 South, Range 15 East, near Fort Harrison Ave. in Finellas County. This letter constitutes notice that a permit will•be required for your project pursuant to Chapters 403 and 373, Florida Statutes and ~40D-4, F1.orida Administrative Code. Yaur application for permit is incomplete. Please prt~vide the information listed on the attached sheet promptly. Evaluation of your proposed project will be delayed until we receive all requested information. Yf you have any questions, please contact Early Sorenson at eyt. 343 of this otfice_ When referring to this project, please use the file number indicated. Sincerely, r G eg Colianni . Environmental specialist Submerged Lands and Environmental Resource Program A Fa~~813-~44-6084 Dec 29 '94 10 36 Fax~813-744-6084 Dec 29 '94 10 33 ~~ Department of `~ • Environmental Protection r• it,,,i,•~.:i.. ~.On.e!•r~iC il:td /~it)nt)i!n F~Urti~t)'S ri1VIYUflf19('r)( and I'~au!ft)1 Resoi.IrCr5 Printed on rr~ycled'popcr. ' FDEP-S~JD { THI~~IPH 7 F,~x ~ ~1.~- t 44-084 Dec 29 ' 94 1Ci :36 P. 01104 ,~ COMPLETENESS SUMMARY MANAGEMENT AND STORAGE OF SURFACE WATER File No. MS522537973 NAME: Clearwater Marina, Inc. DATE RECEIVED: 10/21/94 ADDRESS: 900 Osceola Avenue DATE REVIEWED: Z1./12/94 Clearwater, FL 34615 BY: Greg Colianni/ Early Sorenson The following marked items were omitted or were found to be incomplete in your application as submitted: 1. The intent of Item 1 in our September 13 letter was to refer to the pre-Empress Cruise Line parking conditions at the.Marina. Zt appears that the number of cars parked at the Marina before the Empress was berthed there was far smaller than your plan designs to be parked there. specifically, yaur'~C7ctober G, 1994 "Parking Lot Use Analysis's shows Areas F (37 parking spaces} and G (47 parking spaces) to be dedicated to Empressti~parking. Assuming that no other Marina users have been asked to leave to make room for the Empress, we thus have 84 new parked cars discharging new pollutants to Clearwater Bay, an outstanding Florida Water. This represents an unpermittable degredation of water quality of Clearwater Bay. To prevent this degredation, stormwater treatment needs to be afforded to an area accomodat~.ng at least 84 cars. We confirmed with SWFWMD's Tampa MssW Permitting Dept. that SWFWMD would implement Rule 40D-4 in acCardance with the abo'v'e logic. We recommend a meeting to resolve this issue. 'R - - CERTIFICATION DATE : .. ~ . -:. `. ~ ` . 09SEP.93 ..~_, ..: .F ' ~ ~ ~, UNITED STATES OF AMERICA - ; ': - _ _ _ -DE-ARTMENT OF TRANSPORTATION.> {. EXPIRATION DATE ~ M1 , O9SEP 94 '- _ ~ ~- UNITED STATES COASTGUARD '' E ~ T .~ ',~ ~ __ -~ x3 is ", ~ d ht ~. ~ ... - ~ -~ - ~--++•+=^RC+ - ~ ~~ CALL SIGN SERVICE OFFICIALNyMBER _ - vESSEI NAME -~ - ~ - _. - ^ -" nni nip n~rr•- r NOME' OAT'- - - - -_ HUL MATER7A1~ rf _ POPI P_ O ` - .. _ . ~ ~ i !. C7 1 C C 1. •- DAt BUIL GROSS TONS NET TONS DW LENGTH PLACE BUILT ~ OWNER - - ~~ OPERATOR - 7 Mt1kTS, Ti~l~ ADVEi`!•TURE SEfIWAYS. TIC. . 3i)i i~tART~!fa S~-BEET. CJO - E~il'RESS C~;UTSE LT~~EES 5A~ JUA~M; . PK 00901 } ~ -3924 CEi~1•F~AL AVE :. . ~ , -~ ..F _ . _-:ST. -FEl'Et~SBURG ~ F'L 33711 - THIS .VESSEL MUST BE MANNED WITH .THE FOLLOWING LICENSED AND UNLICENSED PERSONNEL, .INCLUDED IN , WHICH THERE MUST BE-_6CERTIFICATED LIFEBOATMEN AND~,_CERTIFICATED TANKERMAN. ..; _ MASTER ~ ~ MASTER & IST CLASS PILOT ABLE SEAMEN , - CHIEF ENGINEER FIREMEN-WATERTENDERS _CHIEFMATE ~ CLASS PILOT ORDINARY SEAMEN 1ST ASST. ENGINEER OILERS _2ND MATE . RA010 OFFICER(S) r DECKHANDS 2N0 ASST. ENGINEER ' ~ " .-MATES_"~ ~"' ' OPERATOR(S) ~ ENG'RS. -t _•_.~-t~- .. .. ___ IN ADDITION, THIS VESSEL MAY CARRY __~-PASSENGERS,~_OTHER PERSONS IN CREW, ~~ PERSONS IN ADDITION TO CREW, AND -. - -. TOTAL PERSONS ALLOWED: - --= ~.•:.~ ROUTE PERMITTED ANO CONDITIONS OF OPERATION: :JASTWISE uul-F of- ~'lexi~_o Fr-tim 5'L~ke ~'c~in t, FL t:o Caoe r'~,omana, ~L no's ;nor-e t;hlan 20 Iniies from a 'r~arbor o-fi s•a°Pe refuge.. ii-i~~ maxim~Jln number- of aasseng~rs ali.owed on -I,l7e IJp~er :"'r•d) deck is 250, t,hf~= ma:;ir~~~.+m number c,-!= pa~,~en~ers a13.owed c?n se=o-+7d decf. & above is 31C. `r~~•i i'n vh t~ i~lJfil `~(='1'' LI'~ Gh:t :~.d I~a~ ~£---'n CI hF Y•S~ tJndel'• i7 li jJ 71J 11C ~ : ~=e;.,d j: ,J- i3 i~d ]. '~;1Ona.{. ~h:~.].d {'FCC `= shall b~, pro:r~.d*~'ta to a,~~ommodate 1Gi?fe r~' C ~.l child ~aassenatr=_. _~n boas-,j. ,,'[{'hall I;,hL? VE?5=-e:~. ig alAlilti i=7''t~tTl %~ 511tar-i?51de d(J('~C~ t7 i'• i135i ;Ja552ii~?ri: On I?t7aY~- o'- c.c't;tl for- I7tor•e than 12 ho„f.~~. in any 2ta ho+~r p~'l''iod, an al•terna~:- crew wh~ill bc-~ ~Jra~ided.: WITH THLS INSPECTION HAVING BEEN COMPLETED AT ON ,THIS VESSEL IS CERTIFIED BY THE OFFICER IN CHARGE, MARINE INSPECT~J.? E R i !"1 L ~ A C I-I ~: ~• t._ . , TO BE IN A1.L~RE~HEL~ IN CONFORMITY WRIT THE APPLICABLE VESSEL INSPECTION LAWS AND THE RULESTi4fy0i I~EEiVLA'TI~NS PRESCRIBEpT},IEREUNDER. - - , PERIODIC REINSPECTIONS GATE ZONE ~ SIGNATURE OMB No. 2115-0517 THIS CER_ TIFtCATE /,~ BY• W - .. - - _ .• ^ OF'1tIZER IG ARGE.4~f'AR(NE fi1SPH - +`r°`'~ - ~ :' ~ : + + INSPECTION ZONE ne-rxr r+~-rc:n.naan~. tfe[-A- [_[~.4d1 'lS3~v_ 1.851 ~l SN 7530-00-FO1-0370 . ~ ' ' ~ ~ t~ .- ,, ,. ~- ~ ~ ''~'' DCPARTMENT OR TRANSPORTATION -5. F"` 1 i? ~ ~ . .-..._.~ r~q ~~y„ ~ ~~ :k:LUNITED STATES COAST GUARD `~ ~ ~ ~ri~7 '~ a~4 ~ ~'~ °"~ ~ t ~ ~ ~:~ `F`~' ~ ` vsc~.. t. v, at -. `C3 .F-.fv "~'`~~~9 i F :_ ~ u:i. ~' F' 7","'" ` t ~ ~`~~,~y,~~~,~~~,~,~~-~ r - _ -:~. 'fit ~l~ a~-~?(Y~`v i+-~ #. wr~ xt .,,~ ~ k .~ a «a~y ~ .l ~- 1 ~ .ji " ~.4 1 '<.'. -. ~y ~. sir. ~ y '~, Y ~L-' t 's w•• ~`~`n ..r ~+~.'wrt~22'~c~4.v f^ ~ ~ ~z. _'y ''.'3~'v4~j~''x ~" ~«~ ~Ii~ $ „ c ~. 2~~ ~.. .a a ...: ~ :r:. c ~a;; < ; {'` ~~5+'s r P'~~,~,~ ~ ~' , ~ .R~-a s'~' ?.y°''..=r.A i ry,3it,~ L2„z~ ti r.i .-.v.<. r...nrrr. r. _ ..s~„ it:'7%,+&?/.. .. PAGC .. .. .,. ~° --- -1-- i - - •F, ..+~ L - ~•ROUTE pERi~ITT'ED r~ND, ~Ct7t~tDLTI4iVS OF OPERATI•O~Erh :CON.TIi~UED ~~~? .Ttie mi•n im~~m ~ number..:of- deckharda .required: - _ ' _ . ;- - 307AL : P~55E~EGERS ~ ~ :. DECKHA~lDS :'' -. - - _, _. .. - ... ~r .. .. . ;;; . , - .. :U-~:4~~ .. , .. 3 - _.. ~.~-- ... ' ' - . -_ :.;_ 150=2;99 ~ ~ . F: V ..:- o - z~ -~ - ~ ~ ~ _ ITC-T0~li~AGES ~-- - ~` . 4 ~ ,{, y .~ ~ .~ ~~ ~ r :: •GR 055/ ~" 78~ •~ T + T ~ ~ ~ i~ET/ 23f3 2 ;. _ ,, a . .~ ,r," ~, ~ ,~ HULL _EXA~Sfi ~ ti ,,w ~ "'~ E'XA~f ~JTYPE- _ _ '~~-NEXT..EXAi~_ _ LAST EXAi~-+. :'PRIOR. EXAM _ ~ -' DRYDOCt? .; - ~,17SER94 ~ ,17SEP92 :~.27SEP90 . -- ., , .;.: . ~, _ . . - - ` - STABILITY - - ~ .. Y _ . ., - LE"T'TER ~~- .~,PPROVAL Jc1'TE,' 1651=P 9` 2 OFFT E/ C G~fSC ' ._ _ ;n. w :_ _ _.. ... .. _ ty._ _ ~. ~ .._ .- -- `~ I_i~,5PECTIO~ _S'rATflS ---.-_ 1 ~~ Y ~: LIFEBOAT/RAFT .'- -`.--SERVICED/ .WEIGHT FALLS t - - - _. IDEi~lTTFICATTOfi~. ~' `.REFURBISHEC= TEST RETlEWED- . =,:., ~~ _ u00D ~' R.I(_H: 25i~~fU£3~ t)7D_C~2 - .- ---.. _ - -__. LIFESA~.'TP~lC Eii`i.l1'P~fE~~lT --- . ~lUi~~~3ER PERSOf<!S RF_.G~UIRED TOTAL EOUTP.~i.E~!T .t=OR - S3() LIFE: PRESER;;ERS(ADUL1')>.. 53G LIFEBOATS{TOTAL}.,...„, LIFE PRESEI?VER5tCHTLD)... ~3 L7:FEBClATStPORT>~,,... RI~lG BUOYStTOTAL)........ 3 LIFEBOAT5t5'TARBD)~.,„ ~ a,JI'TH LTGH'TS~....~....~..„ i MOTOR LIF'E80A~i'S~.. r .. WITH LIME ATTACHED:.... i LII=EBOATS W!I~ADIO~E,... O'T'I•aER~i. ,......... ,, „ . ~ . , RESi.:U{=. BOA~f'S/PL_ATF'ORi°~S. 1 IrSi~ti=RSTUi~t 5i.lll'S........ „ ,. . :.~lFLA"T~iBL.E Rr1FT5....... , i 2S f'rJR?'ABLE L.T•_=EBOr-'1T P,ADIOS. t._I~-'E F'L..OATS~'Bt.lOYr"-"ii1T APP J.~ 2~1i; EOi.lIF'PEC~ l~l:i~"'hi EP I1 (3'?..... ~~lG ~JORKBOr-~~TS tt~OT RE(;l1IRED) ~;-Sc Ii~CLUDEI? Ii~a TuTALS) FIRE 1= IGhITIl~?G EG7-.llf'r~;Ei~~'~ TO'i r~L HOSE LEi~G•TH/ 25t) i`:tJ`ii?ER O!•~ FIRE i~Y.E•:,l 1 i•li.l~iBER OF FIRE PU~iPS.~ i #FIRE Ex.TIi~GUIShIERS - i-IAi~~IC~ PORTAk3LE Ai~ID SEi-iI-P ORTAk"sLE•~ A-II ~s. B'-•I 12 B-TI B-=:II B-•IL~ E's-~- C-I C-II ©EPT. OF TRANSP.. t1SCG. CCU-d41 (Rw. ~iS) ~ SN 7530.00-FO1-0=70 ra~itneee raoew~e~w.~e eisene~... ~-rr ~ - ~ ~ ~ - ' ~ • iii ,. ..., -_ ,r.-DEPT. OF TRANSP. USCG - CG-8S4 (REV. 2.79) PR<VIOUf EDITIONf ARC OSSZOLETE t1NlTED STATES OF AMERICA •- DEPARTMENT OF TRANSPORTATIO)d - ~a ~ _ .. +~_ . `~~ UNITED STATES COAST GUARD - - - ~ - - ~,~~ _., r ..- ~r>o ~:.: ... TEMPORARY CEFZTIFICATE OF INSPECTION This Temporary Certificate of Inspection is issued under the provisions of Title 46 United States Code, Section 399, in lieu of the regular certificate of inspection, and shall be in force only until the receipt on board said vessel of the original certificate of inspection, this certificate in no case to be valid after one year from the date of inspection. VESSEL OFFICIAL NUMOER G/.~ o ~v~/ /i-~~~ ~ S T] O/ o Z G CLASS GROSS TONS HOME PORT OWNER/ADDRESS OPERATOR/ADDR SS ' ~ Z l00 z~v~ e41~'~. S, S~ii ~~ ~r may/)/ -~61A!~; ~.~, oo - ~J ~ Sri T~ 2S.~j!!2 FL 370 ~ e o owing comp ement o icensed o Icers and crew is required to be carried; includ in which there must be Certificated L'ifeboatmen and Certificated Tankermen: _,,,L_Maste- Master & 1st Class Pilot Able Seamen Chief Engineer Flremen/Watsrtende-s Chief Mata Class Pilot Ordinary Seamen 1st Asst. Engineer .Oilers / 2nd Mate Radio Offlee- ~ Dockhands 2nd Asst. Engineer L ~ ~ Mate(s) Operator(s) Engineer(s) In addition the vessel may carry other persons in the crew, x/70 passengers, ~ persons in addition to the crew, and ~ Totat persons allowed !)"3 ~ Maximum steam pressure allowed ~q p.s.i. DATEDRYDOCKED ~ /i ~ Z ROUTE PERMI TED AND CONDITIONS OF OPERATION Go,9STL~/S~~ ¢y~,.r ~~~ x 4 ~- F s - - . ~ o ! ~ T~ /c .t ~,oT, .~[. , ~ tqo~ ~~.~.s~.>'-a .rL. tip; /~o~-~.. - /Yi9iY 2 O /yl/~ ~t ~' F/L n ~Yi f~ ///5yi~~ rL ~~ `GI ~ t P = ~ S L ~ i3~ i ~ Tf/2 /l~~ ~; H<r~~8~c rt off'.9ss~ry~-S ~-s ~~ ~ a w ~ o oti ~y-C G!r°~~.~ ~.~d~ ' D~ GK ~S ZSO; i it /~s~x. /~/uo7~-~~Z c~ ~.9ss~i,~ 4~t~ o~ s~co~vJ D~c% ~/GSii..4 ~/'s Ss~i /v -r.. S 1~1~.0-~~ 9J s/3,s J-C.i'Gh-F..v ,f ~.3, f~ d l7lTi0 ~,/ i¢ G G~// G.J /~fL~ .S S~/~ L G. ~~ /~/y0 ///.L7 ` % /9GlG~? /~/9Tt lv~~i/v si•~ v-/LSS mac. ~ 5 /lw.a~y f/l.o~i i4 ~i3~o~~L 5/s7~ vC~c~ o~ ~~s .o.4ss~,-,~s~~.s o•v ~~~~-~ o~, a~-~ /-~a~ ~r~,~. rj,..9.~i ~Z /~/ti i ~-+~ .9/v y ~ ~/ yam. i°l~~ p > ~~--/ /~~- ~ ,L•-'-•,~,3~,z ~i~-.r w ,Sci~~-~ Inspection of the above vesseTwas compieted`on O ~ 5~==~ ~/'~ I HEREBY CERTIFY that on this date t ssel was in respects in conformity with applicable vessel inspection laws and regulations prescribed thereunder. OFrIC AR ARI PECTION INSPECTION ZONE R. HAR$ERT, CAPT, USCG TAMPA, FL • U.S. QOVERNMENT PRINTING OFFICE: Ig14.71481~~ r~ / ~ ~' '~ s / LL ~~ } ~ H ... ~ - U FAX: Phone: ~~ ~ ~ ~ ~ ~ . FROM• ~• ~ Phone• G~ Z _~,~~ DATE: O~ I I O SUBJECT;, NUMBER OF PAGES(INCLUDING THIS PAGE) 'rIh !- OfpfEIR.R'a.`e d~~~~~OF ty~~~1e ~ + ; ~:-,. :~` !Cl" d `~~rss~~~ LONG RANGE PLANNING DEVELOPMENT REVIEW February 3, 2004 Mr. Espen Tandberg Empress Cruise Lines 900 North Osceola Avenue Clearwater, Florida 33755 CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 474H, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, lOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (72~ 562-4567 FAx (72~ 562-4576 Re: Occupational License Request at Clearwater Bay Marina Dear Mr. Tandberg: The purpose of this letter is to respectfully notify you that your request for an occupational license to operate a 275-passenger cruise ship at the Clearwater Bay Marina was approved in error. On December 22, 2003, the Planning Department approved an occupational license for a boat with 100-300 passengers. The license has not been issued. A complete refund will be provided to you. During a review of that application, it was discovered that the approval was made in error. The error occurred when staff overlooked the requirement for you to address how each of the approval conditions imposed for the use are still in compliance. This includes all of the conditions from the conditional use applications for the marina use (cruise ship operation) and non-commercial parking lot use and the trial period reviews. You will need to document compliance with each of the conditions either in writing and/or by the use of property surveys or photographs, or other specific means. Additionally, you need to provide evidence showing the business was in continuous operation from October 1, 2001. I apologize for the inconvenience caused and look forward to your cooperation and understanding. You may contact me at 727-562-4561 or John Schodtler, Development Review Specialist at 727-562-4604 (extension #2). S n rely, a .Fier ' Assistant Planning Director Cc: John Schodtler, Development Review Specialist Cyndi Tarapani, Planning Director S:V'lnnrting Departrrtettt\L.etlersV'rnbletttatir• L.etterr\900 N Osr•eola Ave (Sunrrrui.ce).dnr• )-3RIAN J. A(.iNG5'I', MAYOR-(,OMMItiSIONI?R WltrrNn GRnv, Vuat NLwoa-COMn1lssulN!•:!: IlOrr linr,lu:rcrn, Conhusslonla; FRANK 1-lu;ltnttn, (,OD1iMI5S1ON1•:R ® 13n.l.Jorasc», ~.O~fAI ISSIOM?R "LQI IAI. ISMPL(»'MI~.N'I' ANI) API~IRMA'I'IVI? AC"P!ON I:A1PL(IYIiR" .~ TRANSMISSION VERIFICATION REPORT ,' ~, TIME : 02/11/2004 1@: 51 NAME PLAN FAX 7275624576 TEL 7275624567 DATE,TIME 02/11 10:50 FAX NO.,~NAME 94418617 DURATION 00:01:07 PAGEt'S} 02 RESULT OK MODE STANDARD ECM a~Al-fn~ :~ ;;I,^ --_ ~ CIeaIWlteI' Clty COm7itlt.Sipn eating Date: 99~~rEaE~oQ Agen~Cover Memorandum SUBJECT: ~f° Alcoholic Beverage Minimum Distance Sepafa~ion Variance -Six Month Trial Period Review; 900 Osceola Avenue; Clearwater Bay Marina, Howard LeVasseur (Owner); Espen Morgan Tandberg (Representative) (AB 93-16C) RECOMMENDATION/MOTION: Receive staff report on Empress- Cruise Lines alcoholic beverage separation variance and extend trial aeriod until November 1995 for J.A. Gorra Sub., Block 2, Lots 2 & 3 along with the westerly 120 ft. ~f Lot 1, Sue Barco Sub., Lots 13, 14, 23 and 22 less triangle in S/E corner together with vacated Nicholson Street, filled submerged land, submerged land, and riparian rights and F.T. Blish's Sub., Lots 1,2,3,8,9,10 together with the easterly portion of Sue Barco's Sub., Lot 1/198 Seminole street/Northwest corner of Nicholson Street and N. Osceola Avenue/6.3 acres m.o.l., subject to the nodified conditions listed on pages 2 and 3. and that the appropriate officials be authorized to execute same. BACKGROUND: -his is a Six Month Trial Period Review for the Empress Cruise Lines alcoholic beverage minimum fistance separation variance. On June 2, 1994, the Commission extended the separation variance •ubject to conditions including in this six month trail period review for the Cruise Line; Commission ninutes and public hearing discussion are provided in the attached minutes from June 2, 1994. ~he final site plan for Clearwater Bay Marina has been certified; however, all site improvements have of yet begun or completed as conditioned by the City Commission (see attached letter from owner's ngineer). In addition, staff research has shown that a substantial portion of the project impact fees ave not been paid. ~he initial Transportation Impact Fee calculated by the City Traffic Engineer was 559,556; this amount. gas increased (510,397) to 569,953, as 17 slips were added to the marina. On December 2, 1993, ~e representatives from Empress Cruise Lines paid 540,175 of the required amount to obtain their occupational License, leaving a balance due of 529,778. ieviewed bY: Originating Dept.• Costs: # NIA .e9al :udget N/A CENTRAL PERh],ITTING Total N/A ~} purchasing N/A risk Mgmt. :IS N/q N/A User Dept $ Current Fiscal Yr. ~.CM ether N/A Funding Source: ^ C i l ap ta Imp. Advertised: ^ Operating Date: ^ Other Paper: ® Not Required submitted hy: Affected Parties ^ Notified Appropriation Code: ity Manager ® Not Required Commission Action: ^ Approved ^ Approved w/conditions ^ Denied ^ Continued to: Attachments: APPLICATION MAP LETTERS ^ None ~ Printed on recycled paper ,~ t ~ ~ AB 93-16C PAGE 2 Within six months from the date of Occupational License issuance, the Cruise Line was to provide data calculating seasonal variations to determine actual trip generation rates to calculate what they believed to be fair amount to be paid. Upon approval of the Traffic Engineer, any differences to the fee actually paid would either be collected or refunded to the Cruise Line. At this point in time, the City has not received any data to support the Cruise Line's disagreement concerning the total amount of the Transportation Impact Fee due to the City. Therefore, the Cruise Line still owes the City 529,778 in Transportation Impact Fees. Due to continuing siltation problems within the marina basin, the City Environmental Management Group is requiring that a marina Dredging Permit be obtained and necessary maintenance dredging be commenced within 90 days from the date of this Commission review. If compliance with this request is met, staff recommends a ONE YEAR TRIAL PERIOD REVIEW by the Planning and Zoning Board to ~Ilow additional time for the owner to make the necessary improvements, and to allow staff to continue :o monitor problems and concerns associated with this operation. The Harbormaster has also received several complaints with regard to groundings and one report from the U.S. Coast Guard (attached). The community Response Team (CRT) has not received any complaints about the Cruise Line operation since .he Commission meeting of June 2, 1994. the Central Permitting Office has recently received a letter from the FDOT (attached) indicating the proposed driveway access from Ft. Harrison Avenue will be approved for one year as anon-conforming driveway with conditions. We are hopeful that proposed future construction of the drive will allow access to the site to occur from Ft. Harrison Ayenue through the new parking lot, rather than through :he Seminole Street Boat Launching Facility; this will alleviate many of our traffic concerns. since Commission approval of the original separation variance request, the applicant has complied with ~ number of conditions; consequently, we have eliminated those conditions and are now focusing on :he remaining conditions of approval. In the recommended staff conditions below, a new condition #1 ias been added to allow continuity of this case with the associated conditional use permit, and new ;onditions 13 and 14 have been added to address the dredging impact fee issues. RECOMMENDED CONDITIONS: I) The applicant shall maintain continued conditional use permit approval from the Planning and Zoning Board. ?) Approval shall be for consumption on premises of 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 by January 1, 1995. ~) 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. i) All in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the Clearwater Pass bridge. ~) There shall be no outdoor entertainment at the landside facilities, a.nd all use of outdoor speakers on the ship while it is berthed or on landside facilities shall be prohibited after 8:00 P.M. ~) There shall be no outdoor ship or site cleaning operations between the hours of 8:00 P.M. and 7:00 A.M. 3) There shall be no storage of boats in the paved parking spaces or travel aisles. 1 , __._1 AB 93-16C PAGE 3 a) The North Osceola Avenue entrance and the eastern entrance from the Seminole Boat Launching Facility shall not be used unless determined necessary for vehicular access by the Traffic Engineer or Fire Marshal, with the primary concern being public safety rather than on-site traffic circulation convenience. 10) The cruise ship shall be enclosed and all entertainment shall occur within the enclosed space of _ the cruise ship while in -the marina. 11) The cruise ship shall be docked in such amanner-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 immediately 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 Clearwater; there shall be no reference to a "port charge." 13) The marina dredging shall be commenced by February 1, 1995. 14) The Cruise Lines shall pay the City the remaining balance of 529,778 for Transportation Impact Fees. • _t - . _ B. 3-Ilo c.TrY of c~nRwATER ALCOHOLIC BEVERAGE SALES - I~rn~IVM DISTANCE VARIANCE APPLICATION (Please Print or Type, Black Ink Ody) 'rROPERTY OWNERS NAME & ADDRESS: 'REPRESENTATIVES (d any) NAME AND ADDRESS: (Attach Proof PaIauructions) ESf'F.nI MORE7AN TAN~BERC~ _ Clearwater Bav Marine Wavs. 7n Adventure Seaways Coro. 900 Osceola Avenue 3924 Central Avenue Clearwater, Florida 34615 St. Petersburtt, Florida 33711 TELEPHONE ah: (813) 443-320T TELEPHONE ~: (813) 821-1600 NAME OF BUSINESS: ~A ~ CS I 1 C f- M PrtnESs ADDRESS OF PROPERTY (Subject o[Regtust): _IUO N OSe EOL A AVENUE LEGAL DESCRII"I70N OF PROPERTY (Subject o[ Request): J ' A ~ C-,-, oRR ~ $ u 3 . ~ [3w c. K ~ Lt~l-s 2 ~ 3 At.oNG WITH THE WESEI~Ly I2v fj, OF 'Loi 1 SUE BA13C0 Sug Lors 13 r f 23 AND 22 L.~SS Tr; IANCI~[_ (N $~E cot~~lER T04C:T11ER 'dvlTli VACAT~.D IV1cHOl5oN S7R~ Flt-LED StJP,Iy[RC~E~ LAN ~ Sugl`1ERC~ED LAND ANA R~PnR IAIy RI~NI S ZONING DISTRICT: C R Z VARIANCE REQUEST (DesaibeJBe SpcciGclAttach Additional 8 1!l z 11 inch sheet if needed): Variance of 3V0 feet 6~om minimum distance requrrement [o allow alto lit beverage sales within ~ [eet"' tom (check one or more): Church, School, Hospital, ~ Residential Zonc, Similarly Licenced Alcoholic Beverage Establishment (COIP License). State Beverage License Designation: 9 ' ~~ ~' J P X Holder of State License: ADVENTUPF SEA WAYS CvRt' A CONDITIONAL USE APPLICATION FOR ALCOHOLIC BEVERAGE SALES FOR THIS PROPERTY WAS APPROVED BY THE PLANNING & ZONING BOARD ON (DATE). OTHER VARIANCES (CHECg ONE): ARE NOT NECESSARY, OR WERE APPROVED BY THE DEVELOPMENT CODE ADIUSTIv1EN'T BOARD ON (DATE), I HAVE READ ORDINANCE 44208'7 AND SECTION 137.OL'i; CODE OF ORDINANCES OF THE CITY OF CLEARWATER. ~ ~ _ REASON FOR VARIANCE REQUEST . In order for the City Commission to make the determination prescribed by Ordinance 4420-87, the following statements MUST be completed: 1. There are special conditions or cucumstances applicable to the property involved because: THERE IS Nl7T ANY RESIDENTIAL USES WITNInJ 30o FEE; tx 17-1E 6Er~"i+l: 2. Such variance is accessary for the preservation and enjoyment of a substantial propcrty right possessed by other rop cr in the same dutriU undo the terms of [hu ordinance and denied to the propcrty in question because: CONSt)M~IUN ~h ~<OHO~K. BEYE~HCtES t5 AL~O~D oNw AFiF~2 SHIM 15 U1`1DERWA;~ Aft Nor Au,ot~ OFf o~ T}il: SNI 3. The granting of [his variance will not confer any special privilege denied to other lands, structures, or dwellings in the same district and will not be injurious to the neighborhood, or otherwise detrimental [o the public welfare because: UVR OF[.AAi 101J AT TFIIS LoCAT10~ WILL dE qW Ass~T 7n ~-IE cO~tK~n~ITY fU~9 ~,~E W II,L ~•~~ coo~)rRATE_ ~t~ITN THE CITY p,Nn MINIMIZE ~~Y NUISANCE. SIGNATURE OF PROPERTY OWNER (••OR REPRESENT//ATIVE~~ ~ Before mc, the undersigned authority, personally appeared bi'~ ~Q who being duly rn, says undo oath the matters and facts set out abovc.arc true and correcrrt to//the but of his/her knowledge and'a;Gc(. Sworn to and subscribed before me this ~ 1 ~' day of ~~ miOP ~ A.D., 19~_. ~~~ ~~~~ Notary Public otary fL•D!k 'PROPERTY OWNER OR REPRESENTATVVL- MUST ATTEND HEARING ~+~ of Florke at t,rf- My Comml11sslon Esnl,;.; "Attaclr Power o[ Attorney or notaziTCd statement from owner authorizing rcprescntative - nol applicable il~represcntative is a practicing attorney aUing on behalf of (he propcrty owner(s). "'Attach proof of aUUal distance (Sec Land Development Codc Sec. 13G.024(d)(3) for method of mcasurc~cnt). 5/89 JAti! S 1 ' g~i 16 ~ 05 P. 4i 1lJ iFORMA7lON IN SUPT'ORT OF REUUEST:_Th15 rectuest is an amendment, to-a .previously granted conditional use (93-74) for t}tis same purpose due to the addition of approximately 0.8 T ^~ acres of land that is being'considered for use as additional parl~ing~and to enhance traffic control. 'fhit no~cntial expansion is~in djr~ct_res~onse to City concerns and •desires to provide in~oved site access and traffic movement patterns. NATURE OK PROPERTY~pWNER ('•OR REPRESENTATIVE OR,RUStNESS OWN6R1 .vorn to and subscribed baforc me this ~ _• --~-~ A,D„ 19 ~~ ~l•- day of ~ L Howard LeVasseur ` /' 11 ,who is pcrsonaily Known to me andlor has produced f k!/ C! L.i r~'J as identification. STATE OF FLORIDA, COUNTY OF !~~ ~~ " _ _ '~'- J" ~r ~"`'~' Notary Public, Commission No. ~1 ISip~eture) .,;~Y'~~'••. ~ D. ARLENE ADAMS ~ (Name of Notary typed, printed or stamped? _ `• ~ ~dY COMMISSION / CC 215789 EXPIRE ::may ~~< November 27, 1996 _. ''?; oa i`~ `` EOFrJED i1NN iFiOY INN IMSt11tANGE. INC. 'ROPERTY C}V1/NER, BUSINESS OWNER, AND/OR REPRESENTATIVE MUST ATTEND HEARING. POR A REQUEST VOLV1Nty A TRANSFER OF $USINESS OWNERSHIP, THE BUSINESS OWNER OR THAT OWNER'S DULY 'JTHORIZED REPRESENTATIVE SHALL ATTEND THE PUBLIC .HEARING. FOR OFFICIAL USE ONLY RECEIVED VARIANCES REQUIRED CITY COMMISSION Separation Variance (granted 12-2-93 and a similar _ amendment to this Separation Variance i~as been applied for). - D.C_A_B None required for 470 passenger ship. Hearing pending regarding 600 passenger ship. 11S 1S INTENDED TO BE A 2-SIDED LEGAL DOCUMENT. NOTARY INFORMATION CONTAINED ON THIS PAGE UST BE ON THE REVERSE SIDE OF A COMPLETED APPLICATION FOR APPLICATION TO BE ACCEPTABLE. _., i1C`J l;ur, iurui! Uae ANpl,catiun - Alcul,ul~c LSe~ .raye Sales r ~ r~~ please Print or Type. Black Ink G..iy1 ~I • PROPERTY OWNER(S) NAME & ADDRESS: ~ BUSINESS O~NNER: (ACtach Proof Per Instructions) ~ (Holder o1 State License) Clearwater Bay Marines ~sp3, Inc. 900 Osceola Avenue Clearwater, Florida 34615 _ TELEPHONE: ` ( 81 3 1 4433-3?07 K413 Adventure Seaways Corp, 3924 fPnt•ra1 AVPnl1P St Petel°sburq, Florida 33711 TELEPHONE:) R13 ) R?1-1600 REPRESENTATIVE NAME & ADDRESS: Espen Morgan Tandberg, 267 126th Avenue North Treasure Island Florida 33706 Telephone: (813 1 360-9103 ADDRESS OF PROPERTY (Subject of Requestl: 9OO North OSCe01d Avenue, Clearwater Florida 34615 NAME OF ESTABLISHMENT TO BE LICENSED: Adventure Seaways Corp LEGAL DESCRIPTION OF PROPERTY (Subject of Request): See dttdChed ZONING DISTRICT: CR 4 and AL-C LAND USE PLAN CLASSIFICATION: CBD PP,ESENT USE OF PROPERTY: Mdrl PROPOSED USE OF PROPERTY: Marina/Cruise Port - SURROUNDING LAND USES: North Single family rPt South Seminole launching ramo East Funeral home,/rP~ west ri oarwater Harhnr ALCOHOLIC BEVERAGE LICENSE DESIGNATION: 4 COP-SPY ~ ~ On Premise Consumption D Package Sales DO YOU PROPOSE TO PROVIDE ENTERTAINMENT ON LICENSED PREMISES? If yes, describe Live band shows, pre-recorded music. TYPE OF REQUEST (Check Applicable Box or Boxes): DNew License DAddress Change DBusiness Ownership Change DLicense Designation Change DExpansion INDOOR OUTDOOR SEATS FLOOR AREA(sq.ft.) PARKING LAND AREA(sq.ft.) SEATING AREA(sq.ft.) Exiting: 470 pr 6OO Existing: N~p, Existing: Existing: 5 5 Existing: Proposed: Proposed: Proposed: Proposed: 6.3 AC Proposed: HOURS OF OPERATION: Weekdays 11 :00 A.M. - 11 :45 P.M. Weekends ALLOWABLE CAPACITY (Determined by Fire Marshal): Indoor Outdoor SIGNATURE OF FIRE MARSHA (CONTINUED ON NEXT PAGE) :: ;i~ •q. `' i. ^~_•\` ;, :~' •o' w Z W Q 0 U7 0 z I I~ X10 'Z 1 I I 1 I II I I I 1 1~ II II 11 II II ~~ L V. 0.8 ACRE +/- SffE TO 8E ADDED TO CLfARWATER BAY MARINE WAYS fOR THE PURPOSE OF ENHANCING PARKING AND TRAFFIC MOVEMENT PATTERNS NICHOLSON STREET --------------------- ,. _ I __ ~~_-i ---------- _----- --- ;~ ~,~ .` 1 ~~ PRA ~ , ! ~` '\~ nrr / ~ ~ rr .,.~ f ~ rr l ; B h ~ ` rr h /~~ 1/ ~ rl % \~ l~ u r~ l~ 1 AND 2 STORY COFAf~1ERCIAL BUILDING (3,530 S.F. - 21 PARKING SPACES REQUIRED) TOTAL PARKING PROVIDED - OVERALL SITE = 250 PARKING SPACES NOTE: THIS PLAN IS PREUMIN4RY AND CONCEPTUAL, FOR CONCEPT PLAN PURPOSES ONLY AND IS SUBJECT TO FINAL ENGINEERING DESIGN, SURVEY, AND GOVERNMENTAL APPROVALS. rvutnrr "n" Z! rl rr rl ~. ~ rr rl > rr (/~ // ~ rr ry rr // rr /r rr !r rr ~~ /r rr rr q• ao• ca I~o• sc~l..c 1 - e0• rr I/ rr // b rr ~~~ ~ .~~ ~ ;r No OAIE RE~ASICRlS CKD nPP. ~~ EMPRESS CRUISE LINES ~T CLEARWATER ~ BAY MARINE WAYS ALTERNATE PHASE 2A CONCEPT PLAN EMPRESS CRUISE UN6 ~ on+ tt ~.earr. wrlw~ 4R. 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' -- -~ t,~ b ~rKl]~ i 3~ot S ~ r .. ~ f ,_. _ .. ~ ~? to 1 •~02 Y _ x !08 ' ~ bo ~ ~ `~, / ~ 4 8 2 ~ ~~ 80Y - nor 7 2 ~ PRaPOS~n ----~ - .~.. i f ' n ~ ~ O Cs ~ eon s°6 ~ ~ 9oa B ~ ` aos s ~ .4 COP SPX j .,~ .300' ,Q 340 ~ - i L oooz f gar 5 $ ~ ~ a ~ or ~ `~• 2g ~ -i- ~ 23 t~, ..... ~'-HICti a ~/ . ,q 22 yo ~ r~ 1~ 24. ~1p~ .d,O ~ Q ~ err ~ ~s T7-I<; "BdAT HOUSE" ~- yl 1 APS ' 1 ~ ~~ e~ 2 ~ 3 8 1 20 ~,~ ~ 7 °p~ ~ 4 oti19 e ~ s 4~'i ~'I> g 80 p ~ ~ at . ti 4201 ~ ~ , 78 8 'moo r ., ~ ~ °, ,, s ~ $ , ro 7 ~~, ' 42/02 Jr j"'- SD,IINO,L~' ~{ro4 ~ b ( 711 ~ T ~ .1-.t ' • "" ' ~ - iZ/03 • . 709 2 ~ 1 SUB. " NOTE THIS DRAWING WAS PREPARET] ~ DENOTI=S AREA OF ALCOHOLJC USING INFORMATION OBTAINED ~ BEVET1aCE SALES ARFA • FROM THE CTTY OF CL..EAJRWA"fER_ °''~ ~ 4 COP SPx Prepared toy EMPRESS CRtJtSE LINES AT CLEARWAYER t=ti~PRESS CRUISE LINES SAY MARINE WAYS MR. ESPEN TfWDBERG COND[TIONAI. USE PERMTT 5th fCH 3924 CENTRAL AVENUE ST. PETERSBURG, FL 33711 CiFAAWATER Pi11ELLAS COllNTY FLORmA Phase: {819) 821-1 B00 approved by_ LLOVER,AS, BAUR and STEVENS i=NGdMEl=R9stlRVEYORS ~~,;.~ 1 • 29228 0.5.19 N. M Cleamatar, Fbrida 34821 "Sandy" Lloveras sCALl=: t-_200• Phase: (813y~?843965 Fax: (813)°78d-8153 Ha. Reg. EngineerNo_85oH pATE:•70h4/es Fls. Reg. Surveyor No. 1762 Job No ; 24g1~ Sheet 1 of 1 ~• . J ~ ~ N a~ ~ v p r` ~ • ASS•rt` J W ~ ~ ~ •n r ;~' ~ W f ~.ua ~ ^• ^ ~ r ~I z u "~ ~ ~., o v+ •s.a~r->~-~ ..a, .as-r.•a.r-a..e•a.. 'FL' y~ooe t;atlnl~~h a. .`\ r iii •Ilr.u:purl (,~ ~ !~ r 0 1 ^ O ~ ~ I r ^ '^ 1 ., ~ ~ I A'~ ap?s~y~uno~ V ~r F ~ fiI •S •II ~ Or i.~ r r v m ~~ ~_~.-wee -trr ~ or J,p. r n r m .~ ~ V .. ~ ~ ~ 'rti 1ayoi?R o '~' t t `.1 .. o -~ '~ v .., . any ~.aTn~~ aN .. ~ ~. U. F. r. .,~ ,~ .n ~ r ~ c _ ~ r~s- I a ~ R i ~ Uo-~ ~' °' o- n. ~ ~~ ~' - ~ •anN a~r~ ~. ~ ~.. I •an~ pucjyF?I{ _~ ,~ p ~. c ~ N ` o I ~ I ~ ~ ~ ~ ~~ { v V I r~ Zt ~ ~ i _ uosttlcl{ •~j - ~'~^ V J ~ ~ y ^ ~ ` /M/-~ ~ ~4. '~~ •p~ ~ , t ~ e ~fti Y ''r r n Y ~ :r :~ the US19 corridor, located behind commercial properties that front on the highway. The large "Seville" sign was removed from the Seville Boulevard median. In its place, two smaller sign panels are proposed. Both panels will be located on a low decorative wall in the median. The westernmost "Bayside Arbors" panel will be 20 square feet in area. This has been permitted by the City. The easternmost "Seville" panel will be 6 square feet in area. Together, the two panels will have a total area of 26 square feet. This is 2 square feet larger than allowed under the Limited Office zoning assigned to this private road. It is reasonable that both the Seville Condominiums and Bayside Arbors Apartments be identified with signs at their entryway. The requested 2 square foot variance equates to an 8% variance from the code. This is a minimum variance to promote identification of these two uniquely situated residential properties. The existence of 26 square feet of freestanding sign area will not divert attention from nearby commercial uses on US19. The granting of this variance will not detract from businesses or properties that have conforming signs and will not adversely affect the appearance of the community. Staff feels the applicant's request meets the standards for variance approval. Commissioner Deegan questioned why this did not fall under the new administrative approval allowances in the code. Mr. Shuford indicated he was not sure whether or not this application had been submitted prior to those amendments going into effect. Commissioner Thomas questioned whether the acreage for Seville was equal to, greater than, or less than the acreage for Bayside Arbors. Steve Patterson, representing Bayside Arbors, indicated the properties are about equal. Commissioner Thomas questioned why they were not equal size signs. Mr. Patterson indicated the developers of Bayside Arbors had purchased Seville Boulevard for signage rights and by so doing, also obtained the responsibility for maintenance of that road.'•. He stated in the purchase they agreed to donate 4 square feet of the allowed signage to Seville condominiums. It turned out a reasonable sign would require 6 square feet which is the reason the request is for a 2 square foot variance. Commissioner Berfield moved to approve an area variance of 2 square feet for the subject property for meeting Section 45.24 Standards for Approval, items 1-8. The motion was duly seconded and carried unanimously. ITEM #/ 1 2 -Six Month Trial Period Review of Empress Cruise Lines Alcoholic Beverage Distance Seoaration Variance; request to extend trial period to 1 1 /1 /94 subject to modified conditions (Clearwater Bay Marina/LeVesseur, AB93-1 6)(CP) This is a six month trial period review for the Empress Cruise Lines alcoholic beverage separation variance. Original Commission approval conditions and public hearing minCC06a.94 6/2/94 6 1~ discussion can be found in the minutes from the Commission meetings of December 2, 1993 and March 3, 1994. On April 14, 1994, the Development Review Committee (DRC) met with Empress Cruise Lines representatives, the marina owner, and their representatives concerning the final site plan for the cruise line operation: This meeting also allowed staff to address a number of concerns raised by both staff and the public about the operation of the cruise line and the conditions imposed by the Planning and Zoning Board and the Commission. Staff recommends an additional trial period in order to continue to monitor problems and concerns associated with this operation. Staff is hopeful future construction will allow access to the site to occur from~Ft. Harrison Avenue through the new parking lot, rather than through the Seminole Street Boat Launching facility. This will alleviate many of staff's traffic concerns. Since Commission approval of the original separation variance request, the applicant has complied with a number of conditions; consequently, staff recommends eliminating these conditions..ln the recommended conditions attached to these minutes as Exhibit A, anew condition 1 has been added to allow continuity of this case with the associated conditional use permit, and a new condition 16 has been added to address the parking management problems. Mr. Shuford indicated that based on action at the Planning and Zoning Board meeting, a revised condition #3 is recommended. It would read as follows: The applicant shall complete all proposed site work associated with the parking facility by October 1, 1 994. The construction of the walls, screening the residential properties shall be completed by May 27, 1 994 except the northeast wall adjacent to the Beau Queen and Sarah Sichler property shall be completed within 30 days of the date of final wall design approval by the property owners but in no case, shall all wall construction not be completed by August 15, 1994. He indicated staff is also concerned regarding glaring lights from the parking area. He reported there have been parking problems with cruise line patrons using the Seminole Dock lot. He reported other operational issues have been raised and therefore, staff feels there is a need to request another six month trial period. Regarding construction of the wall, Mr. Shuford reported most of the construction has been completed, however, two property owners requested modification and the cruise line is awaiting sign-off from those property owners. However, he felt it would be advisable to establish a total deadline of August 15, 1994 and if the property owners have not signed-off on the design, the wall should be completed as originally designed. Howard LeVasseur, owner of the marina, stated he had submitted a letter to the City regarding the impact of the cruise line on Clearwater. He stated they had taken over a bankrupt marina, which had paid no taxes for sometime, back taxes were paid, impact minCC06a.94 6/2/94 7 fees were paid and a payroll for 100 people was established in the Clearwater area. He indicated 5237,000 has been spent on improvements to the property. He also reported that in the proposed parking lot area, two derelict homes were removed. He indicated the parking lot is at the permit stage but there have been delays in receiving permission from Southwest Florida Water Management District (SWFWMD). He indicated the completion of the construction of the wall has been held up by people wanting to have design approval. He agreed with Mr. Shuford's recommendation that if such approval is not obtained shortly, the wall should be completed by August 15, 1994. Commissioner Deegan thanked Mr. LeVasseur for the information that had been provided and stated it bore out what the Commission had anticipated regarding the economic impact and improvement to the neighborhood when. they approved the alcoholic beverage separation variance. He stated he hoped if the additional six month extension is approved tonight, there would be as much improvement in the operational issues as there has been improvement to the neighborhood. Commissioner Deegan questioned staff's recommendation. Mr. Shuford indicated it was to accept the report and extend the trial period to November 1, 1 994, subject to modified conditions. Commissioner Deegan questioned if an additional condition could be added that the cruise line do something to clarify to the public that the port fee is not payment to the City of Clearwater. Mr. Shuford indicated this could be done. Espen Tandberg, representing the cruise line, indicated the fee referred to is a service fee and it goes to any cost that is land based, i.e., police to direct traffic, printing, etc. He apologized for the confusion regarding this charge. He indicated every cruise line has such a service charge and it is not a tax collected. by the City. Commissioner Deegan questioned how the cruise line could get the public to understand this. He stated complaints have been received by the City from the public and he was concerned regarding the City's image with people thinking the City was responsible for the S 12 service charge. He stated complaints had also been received that campaigns regarding buy one ticket and getting another free resulted in the service charge being assessed for both passengers. Mr. Tandberg indicated it is always made clear the service charge will be collected whether the ticket is free or not. He stated when individuals call in for reservations they are told regarding this cost. Mayor Garvey asked Mr. Tandberg to explain why an employee of the cruise line had indicated the fee goes to the City and State. Mr. Tandberg indicated he did not know, but he would review the situation. Mayor Garvey felt that if it was being stated the City is receiving funds from this charge, the City should be getting those funds. min0006a.94 6/2/94 8 Commissioner Thomas indicated in the advertising for the cruise line, it is clearly stated this is a port charge. He stated a port charge is common terminology because almost all ships dock on government owned property. This situation is unique in that there is no governmental land involved. He stated the cruise line is using the terminology of the business and it needs to be made clear that 100% of the fee goes to the cruise line. Commissioner Thomas stated it was bad business for this misrepresentation to take place and he was not in favor of the extension based on the cruise line's handling of this situation. Mr. Tandberg indicated misleading the public was not intended. He stated he has not received any calls regarding the service charge but he will look into this situation. Commissioner Thomas stated he felt there should be a price of the ticket, period, and no additional charges. He stated he approved the alcoholic beverage variance because he thought revenue would be coming to the City due to this being a gaming ship. Mr. Tandberg indicated the cruise line does pay sales tax, part of which come to the City. Commissioner Berfield indicated she would need to be comfortable that the cruise line will make certain the employees make it abundantly clear that Clearwater gets no revenue from the service fee. Commissioner Fitzgerald questioned if sales tax is paid on the service fee portion of the ticket. Mr. Tandberg indicated he did not know but he would provide this information. Mayor Garvey expressed concerns regarding the method of parking, stating a friend had gone on a cruise and due to the stacking method, although the individual had parked where cruise line employees had told him to park, his car was towed in order to allow other individuals to get out. She stated the individual had a brand new pick-up truck , which is now scratched due to the towing. Mr. LeVasseur indicated there have been instances where cars have been towed. He stated the public does not always cooperate and sometimes parks where they are not supposed to. He stated there was one instance where cars parked per the cruise line, blocked a slip owner and the cars had to be towed. One car was damaged. Mayor Garvey pointed out the individual to which she referred parked where they were told to park. Mr. LeVasseur indicated he would provide information to the Mayor on who to contact in order to take care of this problem. Mr. Tandberg indicated the cruise line has added something to Clearwater. He indicated ttie cruise line has been voted the best value and most fun in Tampa Bay. He reiterated he would gook into the misrepresentation regarding the service fee but that it was not done intentionally. He apologized for any employees that may have given out the incorrect information. Regarding the parking situation, he stated they are doing the best they can. He felt this cruise line had proven itself to be a decent company. min0006a.94 6/2/94 9 Mr. Shuford pointed out the parking issue was the reason for the new condition # 16. He suggested the following language for Commissioner Deegan's recommended condition regarding the port charge: the cruise line shall immediately clarify the port charge issue in its advertising promotions, sales arrangement, employee training and ticket schedules, so the fee is not identified in any way with any charge imposed or revenue received by the City of Clearwater. Commissioner Deegan requested the fee be referred to as a service charge and that part of the condition be that they remove all reference to port charges in their advertisement. Commissioner Deegan moved to receive staff's report on the Empress Cruise Lines alcoholic beverage separation variance and extend the trial period until November 1, 1994, subject to the conditions in Exhibit A, modifying condition #3 to read: The applicant shall complete all proposed site work associated with the parking facility by October 1, 1994; the construction of the walls screening the residential properties shall be completed by May 27, 1994, except the northeast wall adjacent to the Beau Queen and Sarah Sichler property shall be completed within 30 days of the date of final wall design approval by the property owners, but in no case shall all wall construction not be completed by August 15; 1994, and adding a condition #17 to read: The cruise line shall immediately 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 Clearwater; and there shall be no reference to a "port charge." Tl~e motion was duly seconded and carried unanimously. ITEM #13 -Public Hearing & First Reading Ord #5613 94 -Amending Sec. 40.433 to add "Accessory Dwellings" as a permitted use in the fnfill Commercial District (LDCA 94- 09)(CP) , Staff has developed the proposed ordinance which simply adds a single permitted use, accessory dwellings, to the new Infill Commercial (CI) zoning district. This use is added to promote the transition from residential to commercial in portions of this zoning district which is now predominantly residential. The ordinance would allow someone to continue to live in their home and operate any of the allowable businesses available under the CI zoning district. The Economic Development Department has recommended approval of this ordinance. The Planning and Zoning Board and the Development Code Adjustment Board both endorse the proposed code amendment. Commissioner Deegan questioned the definition of accessory dwelling in that he wanted to be sure the definition was adequate that no dilapidated buildings could remain. Mr. Shuford indicated the business would have to convert a residential structure to a business and they would then be allowed to remain in residence in that facility. minCC06a.94 6/2/94 10 Netlonal Soclety of Profeaalonal Enplneera Florlda Enplneerlnp Soclety Florlda Water Poll ullon Control Aeeoclatlon Amerlcan Soclety of Civll Englneera Florida Soclety of Prolesslonal Land surveyors Tampa Bey Soclety of , Protesslonel Land Surveyors Amerlcan Congress of Surveylnp end MapplnQ September 28, 1994 Mr. Scott Shuford Director, Central Permitting City of Clearwater P.0. Box 4748 10 S. Missouri Avenue Clearwater, FL 34618 Engineers -Surveyors o ~. h ~ _ . S EP ~ Q #~94 CENTRAL PERMITTING CITY OF CLEARWATER RE: Empress Cruise Line at Clearwater Bay Marina Clearwater, FL Dear Scott: Based on my telephone conversation yesterday with Lou Hilton of your department, this letter will provide you with a detailed synopsis of the governmental site permitting process and status in order to con- struct the east parking lot (between Fort Harrison Avenue and North Osceola Avenue) and the west parking lot (west of the existing Empress Cruise Line terminal building). As you are aware, the City Commission imposed a condition on this project that these parking lot additions be constructed by October 1, .1994, in order to support the Empress Cruise Line and the Clearwater Bay Marina facility. An itemized synopsis of the different steps that we have taken over the past six (6) months is as follows: The Final Site Plan was revised and submitted to the City staff for final review and approval, after the City Commission public hearing, utilizing the conditions imposed by the Commission. 2. A request for Site Plan Certification was made to the City staff, and the Certified Site Plan was approved by the City Clerk for this proJ~ct. 3. Final Engineering Construction Plans were prepared and submitted to the City BuiTd~ng Department for review and approval. These Construction Plans, which included the technical details for the conntruction of the east and west parking lots, drainage system, landscaping and related infrastructure features, were approved by the City staff for construction purposes. In order to obtain Country Villa Plaza - 29228 U.S. Hwy. 19 N., Clearwater, Fla. 34621 Pinellas: Phone: (813) 784-3965 • Pasco: Phone: (813} 842-7635 Telefax (813) 784-8153 Mr. Scott Shuford RE: Empress Cruise Line at Clearwater Bay Marina September 28, 1994 Page two. construction plan approval, these engineering plans were revised in accordance with the City staff requirements. 4. The Traffic Control Plan was prepared and submitted to tFe~ity r'f a~ic ~ineering Department for review and approval purposes. This Plan was revised in accordance with the City Traffic Engineering staff comments and approved for construction purposes. 5. The Drainage Plan and Calculations were submitted to t e ity Engineering epartment for review and approval purposes. These Plans were revised in accordance with the City staff requirements and approved for construction purposes. This included the drainage detention areas and stormwater manage- ment systems for this project. 6. Simultaneously with the submittal of the Final Engineering Construction Plans to the City of Clearwater staff, the other required additional government/State of Florida Permits were applied for, and these are as o lows: a. A permit has been in process for several months with the State of Florida Department of Transportation (D.O.T.) in order to allow the construction/connection of a driveway to Fort Harrison Avenue/U.S. Alternate Highway 19. The D.O.T. has requested numerous revisions, requested a special drainage permit appli- cation, requested neighborhood connection plans, and other technical data in order to support the new driveway from the east parking lot to Fort Harrison Avenue. As of this date, the D.O.T. Driveway Permit has not been received in our office, however, we anticipate that this driveway connection permit will be approved and issued by D.O.T. within the next couple of weeks. Mr. Scott Shuford RE: Empress Cruise Line at Clearwater Bay Marina September 28, 1994 Page three. b. A permit was submitted to Pinellas County/South- west Florida Water Management District (SWFWMD) (by delegation) for this stormwater management system (drainage system) for the proposed east and west parking lots for this project. Pinellas County accepted the stormwater Management Permit applciation, together with engineering plans and related calculations/documents, and a couple of weeks later decided that they did not have the authority to issue~a stormwater Management Permit for a parking lot expansion at a marina. The County's position was that a marina is regulated by the State of Florida Department of Environmental Protection (D.E.P.), and therefore, when you modify a marina parking lot it becomes part of the marina project itself and must be regulated by D.E.P. and not SWFWMD. We then contacted the D.E.P. and requested their authority to regulate a parking lot addition to an existing marina. Initially we were informed that a parking lot, which was a stormwater manage- ment permitting facility, would be regulated by SWFWMD and not by D.E.P. A few weeks later we were finally able to obtain a ruling by D.E.P. that they were the governmental agency that had jurisdiction over a parking lot addition to an existing marina project. A stormwater Management Permit was then immediately submitted to D.E.P. in order to allow the construc- tion of the east and west parking. lots within this facility. This permit has been in process for several months, and D.E.P. has requested additional information, which we are in the process of obtaining as this agency demanded. As part of this request for additional information, we have conducted a traffic count of the number of automobiles and boat vehicles that are located in this marina facility proejct in order to analyze the pollution impact of gas and oil that could migrate to the Clearwater Bay marina basin. This traffic count, calculations, plan revisions, and additional data as requested by D.E.P. is in the process of being Mr. Scott Shuford RE: Empress Cruise Line at Clearwater Bay Marina September 28, 1994 Page four. formulated and then will be immediately sub- mitted back to D.E.P. for, what we hope will be, final permit approval of the stormwater management system at this project. We are uncertain as to when D.E.P. will finally issue a Site Construction Permit for this storm- water management system in order to allow the construction of the east and west parking lots at this marina facility. It is possible that. D.E.P. may take an additional 90 days in the review process, since the law allows this agency this kind of time schedule after the application is considered complete and to the satisfaction of the D.E.P. staff personnel. Please be advised that as of this date, we have not received a Completeness Notice for this parking lot expansion project. 7. In anticipation of obtaining all of the necessary site permit approvals and construction permits for the east and west parking lot construction projcts, we requested bids from site contractors. At the present time, we have a site contractor who is our low bidder and is ready to begin site construction of the parking lot and infrastructure system at this project. However, we have informed the contractor that con- struction cannot commence until all governmental approvals and construction permits are in our possession, and therefore, we presently have the site contractor on a standby basis. In summary, as you can see from the above, we have been diligently working to obtain all the necessary site permits in order to con- struct the east and west parking lots at the above-referenced proejct. In the meantime, our client has completed the buffer walls and the other features that the staff requested at this project. Since we have not made the deadline of October 1, 1994 for the construction of these parking lot additions, we are there- fore requesting additional time to be ab le to complete the govern- mental permitting process and be able to construct the parking lot pavement projects and infrastructure systems. Once this project is scheduled before the City Commission fora public hearing, we Mr. Scott Shuford RE: Empress Cruise Line at Clearwater Bay Marina September 28, 1994 Page five. would appreciate being notified so that we can have representation at this Commission meeting. Please be advised that, it is our understanding, Mr. Howard LeVasseur will be out of the country primarily the majority during the month of October. You may want to possible coordinate a meeting schedule with Mr. LeVasseur since it is our recommendation that~it is very important that he be present at any public hearing on this project. Please let us know if you need additional information regarding this project. Very truly yours, L S, BAUR AND STEVENS S Sandy" Lloveras, PE.. cc: Louis Hilton Howard LeVasseur SL:dn -C ~ C I T Y O F C L E A R N A T E R INTERDEPARTMENTAL CORRESPONDENCE TO: FROM: COPIES: SOBJECT: DATE: Tom Miller, Assist. Director/PW/Envr. William C. Held, Jr., Harbormaster l/" Elizabeth M. Deptula, City Manager William C. Baker, Assistant City Manager tScott Shuford, Director Central Permitting Grounding Reports on M/V Crown Empress September 27, 1994 Attached is a copy of the Grounding report on the M/V Crown Empress on January 14, 1994. This is the only grounding report submitted to the U. S. Coast Guard by the Crown Empress. Please call me if you have any questions. U.S. Department Commanding Officer U. S. Coast Guard of Trans ortation P ' : ' Marine Safety Office United States Coast Guard l:l I r ur l;Lt;~;,~rrw9~fZ SEP 2 71994 Harbormaster City of Clearwater Attn: William C. Held, Jr. 25 Causeway Blvd. Clearwater, FL 34630 155 Columbia Dr. Tamp a, FL 3,'i606-3598 Staft$ymbol: INVES DEPT. Phone: (813) 226-2190 5720/85-94 23 September 1994 SUBJ: FOIA REQUEST FOR INVESTIGATION REPORTS ON ALL GROUNDINGS BY M/V CROWN.EMPRESS IN CLEARWATER HARBOR Mr. Held: This letter is pursuant to a Freedom of Information Act request from you dated 19 September 1994, received by us on 19 September 1994 regarding information on all investigation reports on all groundings by M/V CROWN EMPRESS in Clearwater Harbor. According to our records there is only one grounding documented at our office. Enclosed is a copy of the information you requested. Sincerely, _-___ ~~v ~D. L. NICHOLS Lieutenant, U. S. Coast Guard By direction of the Commanding Officer Encl: (1) Coast Guard Investigation Report osPaxTl.lEh~r°F REPORT OF MARttVE ACQIDENT, TRANSPORTATION u. s. consT ruAltD ~ N,1 U RY Q R Q BATH CG-269? (Rtv, 6-87) SECTION I. GENERAL INFORMATION ' t. me of Vessel or Facility /jI N 2. Official Nu. ` 3. Nat'tprtalitY ' ,/ S / 4. Call Sign G. USCG GerlilKate of Irupacwn (/TD( f~•2 tssutd a .w. .,cam- l ~ J v ength , rltl, trc.) 7. L Frclr f'rtr~hr ype (I'ok'In~ 6 ~ ~ P.. C;rns9 Tana v 9. Year !will . 10. PruN It (Sr~um. rlirsc( eus, mrfrinc...) ` , , , . // i - n}•ns C r Date (nf nrrurrfnrr) l5. TIME lnea ) 1.1 1 t. HUII M3tCn (Brett, t prnft (/t. • in.) , , r. 1:1. If Vez.el (:1.95:rr1, Ry Whnm: (.tR. . I{~AAt1...) ,._J / c l C ~ / f 'D. AFJ. ~ ( ( (~ DA'V. RI%. rtrc.) ~ ~ 1 I ~ -/ C/ ~ t/ ~ / ~ d ~ 16 Lucxt,o/A fS'`r Instrucrrun Na. lUA1! r 17. Estimated Loss or Damage TO: { 18. Name, Address ~ Tale hone No. of peratrng Lo. Vt55tL S • ,.__~ ' ~~,yr~cc ~/- a c 'L,-n -C CARGO _ ~ `~~ y C L~ `'~ Cs l 3) ~Z~ ' /6~ss OTHER a S t/UC Y ..J ~~/ _._. 19. Name of Master or Person in Charge US G License 20.:`Jame of Pilot US(:Ci Ltcense State Ltcense ' /? ~--~-• U 'fES ~ U YES ~" kw o ~ .. f_1 NO ilI NO _ _ ~ (~o,.fi V a ~ ~X ..-. YES ^ fJ0 - --• I _ ' - `--- 203. Street Addre~~ (City. Srurc. G/r Code) 20b. Telephone Number . 21. Casualty Elom?nts (C7feck r~s many os necAed nnrf trT/nin in tt/nrk ~) _- N0. OF PERSONS ON BOARD ' S~ ^ FLOODINr; SWAMPING WITHOUT SINKING ~ U DEATH- HOW MANY? _.._._.. _ U CAPSIZINr, (with or withot.r sinking) U MISSING- HOW MANY? ._ U FOVNOERING OR SINKING ^ INJURED- HOW MANY? ____ . ___ U HEAVY WEATHER DAMAGE I-1 HAZARDOUS MATERl,4L RELE.QSED OR U FIRE INVOLVED U EXPLOSION (/dcnri(y`Srdrstmrrd and mnount in Blc•ck ~-1.) ^ COMMERCIAL DIVING CASUALTY U OIL SPILL-ESTIMATE AMOUNT: rl ICE OAMAGE I-l bAMAGE TO AIDS TO NAVIGATION STEERING FAILURE I^ ^ CARGO CONTAIIJER LOST/DAMi+GED ^ _COLLISON (/AtnNfj Orhtr t'csctl nr c~rSft~t In { ~.J MACHINERY OR Er]LIIPMFN7 FAILURE Nlrr.:: 4-0.) ^ ELECTRICAL FAILURE - tACJ_GROUNDING ~I \NAF:E OP.n4AGE U STRUCTURAL FAILURE __ 22. Conditions EATHER 2. W C. TIME D. VISIBILITY , ,~r ~St CLEAR ^ DAYLIGHT C~(iUUD A. Sea or River ^ RAIN ^ TWILIGHT ^ FAIR C diti ns fl FIRFFIt;HTINI; nR EMI=R(;FNCY EOUIPMENI FAILED OR 11JADEQUATE (1 )trcriho in N/nrL d1 ) ^ LIFE~AVIN(', EQIIIPMf_NT FAII_F.fl QR tNADEOUATE (DrscriLe• in Black ~J.) ^ BLOW OUT (Petrulrum rsplururiun/pruducriun) (I ALCOHOL INVOLVEMENT (Dcocril..r in R(i~ck dJ.) U DRUG INVOLVEMENT (nc.ccr[he [n Rlnck ~l~l.) ^ OTI-IER (SpKifv) .L- -.... -- -- E. UIS I ANCt bniiec) _.(=_ ('~/risibility) /~ (.l O F. AIF: I EMF'EI{A'I UFtt IFI on o ri SNOW NIGHT ^ POOR rNnvr hfieltt' ~ FOf river stage. etc.) rl OTHER (.Sper.Ir;; G. WIND bPEED & 0 ~ 7' J(/ DIRECTIONRECTION H. CURF!Lt`!T tPEE[t ~ ~~ -t c DIfICCTION _ 23. 1Javiyatiun Infurmaliun ~4. Last Cl w ~1. ,(~cc rr .~ Y ~ 24e. Time end Dete 11 MOORED, DOCKED OR FIXED SPEED I- 1'vrt I y- ~ r of Ueuattu~~oo AND Wltiere !, ^ ANCI~IORCD C~UNDERWAY OR DRIFTIIJC COURSE ~ Buulld (~ d e Jc t ~ U ~-/y- c/ Y 25. 253. 25h. 25u. Empty Loaded Total FOR NUMBER TOTAL MA)iIMt,1M TOWING CIF H.P. OF ,SIZE OF TOW f ONLY VESSELS TOWEO TOWING UNITS I WITH TOW- ~ BOATISI ~ _ __ SECTION !I. BAF~GE 1NFV - 1vMATIUN 26. N3mc 288. Otticinl Number 26h. Type 2Gf. fear euut 25J.(DeacriLr in Black ~f.r Length ~ Wldth ~ ^ PII~HIN(; AHEAD ^ TttWIN(; A$TFRN '`' Tf1WING ALONC;$1QQ r MORE THAN ONE TObV-BOAT ON TOW_ 2Ge. USCG Certificate 26c. Lt:npd~ ~6d. Gross Tons ~ of Inspection la-sued at: 26 26h. Dtaft ^8i. Operating Cornpatty l I SINGLE SKIM FWD AFT I DOUBLE SKIN 26i. Damepe. Arnount BAkGE '-~ CARGO UIHtR 26k. Ds,crlbt: Gam3ge to C~2rtde •. Appro~otl OMB No. Ztlb-lx. RCS Nu. G-MMI 2115-003 UNIT CASE NUMBER nnrvri .r rc ._.... ,...rc •-nv r+r rr~ rr, VERSE OF CG-26'92 (REV. 6-871 _ fir! `~~" Person Involved Z7a. Name (La.Th Firsl, MidJlc Numr) ^I~11ALE or ^ FEMALE ________ 1 DEAF ~ INJURCLI 27G. Address (CYq', 5rart. !lp Corfel l MISSING t. Rirth Date 29. Telephone No. 30. Job Position . f ) - ~. Emplover -(ff drflrrcnr jrvm Block 13., Jill in Narrtc, Address, Televllvne No.) 3, Perbon's Time Y A. IN 1 HIS INUU5 1 HY ~~y- B. WITH IHIS C:UMNANY - / C. IN PRESENT JOB OR POSITION - / 0. ON PRESENT VESSEL/FACILITY E. HQURS ON DUTY WHEN ACCIDENT OCCURRED - ~ ~ r 36. Date ut ueatn EVV SSrNGl:H HER (.Cpsrj/y) ~7. Activity of Person nt Time of Arrident ~$pecJfic Lor-Ntipn pf ACr~rlent nn Vr._c~rl/Ferilhgqy~~ ~- Typg of Accldanr (F~II, nughr hrrxYrn, rrr) r'~i! 27c. Status ^ CR . n F'A f.7 oT 31. (Chrck hrrc ij r(Q dup9 a 4(1. Rr_sldtinp Inj+lry (l:ur, Rrui.e~, Frnrrurr, Kum, rrr•.~ 11. Part of Body Injuretl 4.9. Frtl+ipmPnt Invnlv~rt in ArririPnt 13. Specific OblvCt, Part of the Equipment in. Block 42., or Substance (Clrc'mital, Snlvant. arc.) that directly protlucod th? Injury. SECTION IV. DESC(tIPT1UPl OF CASUALTY 44. (Ze„cribe hoW aCCldent occnred. damage, information on alcohol/Drug involvvineid and ivcomntvndationo for corrective safety measures. (Srr insU~uctions cued ollech Cd~itir>rldl ehreLe i/ rreeetsary). ~ ~ ~ ..~ ~-r. •ti P ~ r~ ra r c , riJ C~ t ~ f CL .-r/ ~i y fr~`',r'C d (j c' ~C ~..5 r ~J' G L r a ~ o ~~ s ~ S , ~ ~ `~- c~t~+ y l' ~ / N, ,,,,~ ~ .~ ./ n n/fl u ~ t -1 S ~ u Sf.- ~ ~. c- • s ter' [~' ~v e~ / _, c `_ '_ S c- ~ S '~ f~ ~ ~ ~~ 0 + k 1 1/ D ' ~ ~~ / a S 7 ; ~ c s To ~ ~~O ~-r sl 0.,9~s ~7- p l / . ,, C O '"'t ~ 1 C 1 (/ p t,[~ v`~ P/' o / 4. l ~ S t e .it ~ G lam" . _ .... ` _ _ d$, i2ness {7dmne, .1drlrec.r, Trfer_ r Nn.) ~4j~-~- Q ~o= ..- -- 4G. Whnsss (Nmnc Addr'css TtlepJtO»~ N0.) -F--^7 SI;C:1~lUN Y. PlikSUN Al°.IiING Tt11S itEi•VCtT .~---- ..-.... Crnr„ 7rn Cnt.1 47. Neme RINT) (Lott, Firct, Aliddltj p r ~a -~- D d73. n3 rC FUR CUAST GUARD US1; VNLY o~f'Af1CNT CAUSE ~~~~ W ~~ ~~/~ ~c~ INVt51"IGATUR fNamc) 47u. Title a ~i' aie. vate/~ ~ ! ~~ f1EP0~1'IN(; pFFIr;F: r,.l r T~ -T-~`/ 5`~ ~v1 A~l~~,/.~^y~,f,"( ,t~C,C~- ,f•--~c~ 7~'f~ Tom.{-tv JGSY'£~L,. Tv v'~,'1"- "~ ~ /~ ~ A~P/P OV 9 R't' INO 1 ! DATE ~~-t %rA~ E 1 i / 4l~ I yl ~~//~~-~ .- -7 Z ~ q - MONTH(S) 34. Il~dustry of Employer (Ibr+VrlR, Fis/IinR, Sltipplltg, ---7t'J Crt'+•Suri)rh'. Ori[lirt~, rua) C! ~~3So vr- . _ 35. Was the Inlured Person Incavac+tated ~2 Hourc or . ~ _ Morel n YE$ GI NO CIR MARINE CASUALTY INVESTIGATION REPORT 27JUL94 ASE NUMBER../.MC94001718 INV INIT/ LSC PORT/ TAMMS LAST UPDATE/ 27JUL94 ASUALTY TYPE: VESSEL/ X PERSONNEL/ FACILITY/ POLLUTION/ MARPOL/ NCIDENT DATE/ 14JAN94 TIME/ 1900 KNOWN/ X ESTIMATED/ REF CASE/ ;OTIFY DATE../ 21JAN94 TIME/ 1200 REPORTER TYPE/ RESP PARTY UBJECT....../ CROWN EMPRESS - GROUNDING LOCAL FILELOCALRCODE/ 14-94MC ,OCATION...../ CLEARWATER BAY MARINA NCIDENT STATUS: VERIFIED/ X NOT VERIFIEACTIONVECTF/EDT RETURN/ORT(TOEIAPR) NOTIFY/ - VALIDATION AND ENDORSEMENT --- END/FWD END/CLS RETURN USER-ID NAME DATE NVESTIGATOR: X CARMAN ROGER CARMAN 27JUL94 INIT COMMAND: X CARMAN ROGER CARMAN 27JUL94 FIST REQ? . IQ REQ . --- GENERAL INFORMATION --- :ITY/ CLEARWATER ST/ FL WATERBODY/ NAVIGABLE WATERS NEC :IVER MILE/ LATITUDE/ N 27-46:0 LONGITUDE/ W 82-47.0 :AS SUMMARY:TYPE/ GROUNDING CLASS/ NONE POSSIBLE DRUG INVOLVEMENT?/ N PUBLIC VESSEL/ BOATING/ DEATHS/ MISSING/ INJURED/ TOTAL DAMAGE/ ~ :NV IMPACT: MODE/ SEVERITY CATEGORY/ MATERIAL CATEGORY/ OSC/ EPA REGION/ CLEANUP REQ?/ RESPONSE BY NSF?/ NSF TIME TO RESPOND/ HOURS NOTIFICATION FROM NRC?/ NRC CASE/ - INCIDENT BRIEF - 'HE M/V CROWN EMPRESS WAS UNDERWAY DEPARTING THE DOCK AT CLEARWATER HAY MARINA JHEN THE VESSEL WENT AGROUND INSIDE THE MARINA. THE GROUNDING WAS CAUSED BY SILTING IN THE AREA BETWEEN THE DOCK AND CLEARWATER CHANNEL, AND THE MASTER ATTEMPTING TO TRANSIT THE AREA AT LOW TIDE. ACTIONS REPORTED SEL CASE SUPPLEMENTS SEL EVENT SUPPLEMENTS 1 WITNESS LIST.........(IAWL)/ X 12 COLLISION OR GROUNDING.(MCCG)/ 1 2 COMDT RECOMMENDATION.(MCCR)/ 13 EQUIP FAILURE..........(MCDR)/ 0 3 CASUALTY DETAILS.....(MCDD)/ X 14 FLOOD,CAPSIZE,SINKING..(MCFC)/ 0 4 NARRATIVE SUPPLEMENT.(MCNS)/ X 15 FIRE,EXPLOSIUN.........(MCFE)/ 0 5 PERS ACTION RECOMMEND(MCPA)/ 0 16 HUMAN FACTORS SUPP.....(MCHF)/ 1 6 POLLUTANT DETAILS....(MCPD)/ 0 17 HAZ MAT INVOLVEMENT....(MCHM)/ 0 7 PERSONNEL INVOLVEMENT(MCPI)/ 0 18 LIFESAVING SUPPLEMENT..(MCLS)/ 0 8 SMI SUPPLEMENT.......(MCSI)/ 0 19 PERSONNEL CASUALTY.....(MCPC)/ 0 9 TOWING SUPPLEMENT....(MCTS)/ 0 20 STRUCTURAL FAILURE.....(MCSF)/ 0 10 SUBJECT SUPPLEMENT...(MCSS)/ 11 WEATHER FACTORS......(MCWX)/ -SUPPLEMENTS- VESSELS INVOLVED/ 1 P F P P S TOW VIN NAME FLAG SERVICE D R A I I REF DMG _......_ _.__.. _ NONE D901026 CROWN EMPRESS US PASSENGER FACILITIES INVOLVED/ 0 --- INVESTIGATION RESOURCES UTILIZED --- ACTIVITY TOTAL ------- RESOURCE CATEGORY ------- CATEGORY HOURS REGULAR RESERVE CIVILIAN OTHER UNIT/ TAMMS CNS L MARINE CASUALTY NARRATIVE SUPPLEMENT 27JUL94 ASE/ MC9400.1718 PORT/ TAMMS SUBJECT/ CROWN EMPRESS - GROUNDING DATE/ 14JAN94 ' --- COMMENTS --- HE M/V CROWN EMPRESS WAS GETTING UNDERWAY FROM CLEARWATER BAY MARINA WHEN THE ESSEL RAN AGROUND. THE VESSEL WAS RECENTLY MOVED FROM THE JOHNS PASS AREA TO HE CLEARWATER MARINA AREA. THE VESSEL MOORED IN THE CLEARWATER MARINA AREA HEN IT WAS HIGH TIDE AND HAD REMAINED MOORED UNTIL THIS INCIDENT. IT SHOULD E NOTED THAT THIS IS A PASSENGER VESSEL AND DEPARTS AT A FIXED TIME WHICH APPENED TO BE LOW TIDE THAT DAY AND WAS THE FIRST TRANSIT OUT OF THIS MARINA. ,HEN THE VESSEL DEPARTED THE .DOCK THEY GROUNDED IN THE SILT BETWEEN THE DOCK .ND CLEARWATER CHANNEL. THE MASTER OF THE VESSEL STATED THAT HE WAS AGROUND 'OR 30 TO 45 .MINUTES AND HAD SUCKED SO MUCH SILT INTO THE PORT AND STARBOARD 1DE'S WITH THE RAW COOLING WATER THEY HAD TO ALTERNATE ENGINES AND CONTINUALLY :LEAN THE STRAINERS. ONCE THE VESSEL REACHED CLEARWATER CHANNEL, THEY WERE 'r. ABLE TO PROCEED W/O INCIDENT. THERE WAS NO DAMAGE TO THE VESSEL. AWL INVESTIGATION ACTIVITY WITNESS LIST 22JUL94 ASE/ MC94001718 .SPORTING PARTY/ X ,AST NAME ................../ JORDON 'IRST NAME - MIDDLE INIT.../ JOHN ,DDRESS - LINE 1..........., DDRESS - LINE 2..........., ;I TY ........................ UNITED STATES: STATE .................... SHONE NUMBER ................ ?ELATIONSHIP TO CASE......./ MASTER GLACE ON POL. VIO. WITNESS LIST/ BAST NAME ................../ NOELL 'IRST NAME - MIDDLE INIT.../ JAY \DDRESS - LINE 1........... \DDRESS - LINE 2........... ;ITY ....................... 1NITED STATES: STATE .................... _ SHONE NUMBER ............... 2ELATIONSHIP TO CASE....... GLACE ON POL. VIO. WITNESS L1~'1'/ BAST NAME ................../ JANNSEN ?IRST NAME - MIDDLE INIT.../ RICHARD \DDRESS - LINE 1..........., ADDRESS - LINE 2.........../ :ITY ......................./ 7NITED STATES: STATE ..................../ ?HONE NUMBER .............../ ZELATIONSHIP TO CASE...-..../ ENGINEER _ ?LACE ON POL. VIO. WITNESS LIST/ BAST NAME ................../ CARRINGTON ,IRST NAME - MIDDLE INIT.../ LARRY \DDRESS - LINE 1.........../ USCG MSO TAMPA aDDRESS•- LINE 2.........../ 155 COLUMBIA DR. ~ITY ....:................../ TAMPA JNITED STATES: STATE ..................../ FL ZIP/ 33606- PHONE NUMBER.........., .../ 813-228-2197 EXT/ 2ELATIONSHIP TO CASE......./ CG INVESTIGATOR ?LACE ON POL. VIO. WITNESS LIST/ 1000 ~ MARINE CASUALTY COLLISION, GROUNDING SUPPLEMENT 22JUL94 ;ASE NUMBER...../ MC94001718 DELETE/ 1. VESSEL NAME/ CROWN EMPRESS VIN/ D901026 SIG EVENT TYPE CLASS STATE X 1 GROUNDING ACC OUT OF CHANNEL FULL CONTROL COURSE/ TRUE SPEED/ KNOTS --- EXTENT OF DAMAGE --- IMPACT LOCATION/ STARBOARD BOW DISTANCE FROM FWD PERPENDICULAR TO CENTER OF DAMAGE.../ (FT/IN) DISTANCE FROM BOTTOM OF KEEL TO LOWER EXTENT OF DAMAGE/ (FT/IN) DIMENSIONS OF DAMAGE: TRANSVERSE LONGITUDINAL PENETRATION OVERALL ...................../ (FT/IN) (FT/IN) (FT/IN) 3ELOW BULKHEAD(FREEBOARD) DK/ (FT/IN) (FT/IN) (FT/IN) VAS THIS A DOUBLE BOTTOMED VESSEL?......./ N JAS THIS A DOUBLE HULLED VESSEL?........./ N ~1AS THE INNER HULL BREACHED? ............./ N ?ROTECTED AREAS: INVOLVED?/ DEFORMED?/ OPENED?/ NUMBER DAMAGED?/ PYPE OF PROTECTED AREAS INVOLVED: --- DESCRIPTION --- THERE WAS NO DAMAGE TO THE VESSEL ~1CDf~ ~ MARINE CASUALTY DESCRIPTION DETAILS 22JUL94 ASE NUMBER/_MC94001718 ARE ALL SUPPLEMENTS COMPLETED?/ Y --- SUBJECT REFERENCE MAP --- CONTROL REF VIN NAME SERV OPERATION STATUS le D901026 CROWN EMPRESS PASS DEP UNDERWAY COMMENT/ --- CASUALTY PROLOGUE --- CASUALTY EVENT SEQUENCE -------------------------- EVENT -------------------------- CAUSAL EV SUBJ'S TYPE CLASS STATE EVENTS 1 1 GROUNDING ACC OUT OF CHANNEL FULL CONTROL ------------- CAUSAL/ENABLING FACTORS -------------------- CAUSAL SUP ;.AT SUBJ CLASS SUBCLASS STATE PARTY EVENT (X) HF 1 NAVIGATION COMP-TIDE/CURRENT BYPASSED MST X A ~HF MARINE CASUALTY HUMAN FACTORS SUPPLEMENT ASE/ MC94001718 PARTY/ MST 1. VESSEL NAME/ CROWN EMPRESS VIN/ D901026 --- PERSONNEL PROFILE --- GE....../ HEIGHT/ SEX/ WEIGHT/ DUCATION/ ATTENDED MARITIME ACADEMY?../ N YPE OF LICENSE OR DOCUMENT HELD/ MASTER UNLIMTED IME IN GRADE .................../ 1 YRS 6 MONTHS IME ON BOARD PRESENT VESSEL..../ 1 YRS 6 MONTHS 'IME IN INDUSTRY ................/ 14 YRS 0 MONTHS 22JUL94 WATCH 1 0 HRS LENGTH OF WATCH/ 8 HRS NO. OF WATCHES PER DAY/ 1 IME ON / ,DDITIONAL OFF-WATCH DUTIES ASSIGNED?/ N 'IME SPENT PERFORMING OFF-WATCH DUTIES..../ HRS MOUNT OF SLEEP IN PREVIOUS 24 HOUR PERIOD/ HRS --- ADDITIONAL PERSONNEL PROFILE INFORMATION --- --- EVENT FACTORS --- TYPE CLASS :VENT/ 1 GROUNDING ACC OUT OF CHANNEL CLASS SUBCLASS CLASS SUBCLASS iUMAN FACTOR./ NAVIGATION COMP-TIDE/CURRENT PERS ELEMENT/ MENTAL INFLUENC EXPECTANCY STATE FULL CONTROL STATE STATE BYPASSED DISREGARDED STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM ESO-0~0-12•a PROPOSED STATE HIGHWAY ACCESS CONNECTION PUNNING ouao NOTICE OF INTENT Mr. fjoward LeVasseur, President ~. Clearwater .Bay Marine Inca NAME a .A ADDRESS Clearwater FL 3615 CITY ~ STATE ZIP Section 1/15020 SR 595 MP 0.470 LT DO LOG ;'19101 ~U ARE HEREBY ADVISED: DATE: Aueust 25. 1994 CONNECTION CATEGORY: II APPLICATION NO.: ~ S_7oT-gi,~gii_5r~ Project: Clearwater Bay Marina Inc. P 344 752 938 ~e Florida Department of Transportation has completed its review of the subject connection. permit Application ~eived 6/29/94 for consistency with Rule Chapter 74-96, F.A.C. and current Department spacing, :anon and design criteria and standards and- hereby issues this "Notice of Intent" to: ^ Issue the subject permit consistent with the permit Application. Issue the subject permit consistent with the permit Application and subject to the attached special provisions. *One year as a non-conforming driveway ^ Deny the subject permit Application for the reasons as attached. You may appeal in writing this intent to deny directly with the Department or submit a revised permit Application addressing the Department's comments within 30 days of receipt of this notice. Failure to respond within this time frame will require submittal of a new permit Application, including the applicable application fee, for a connection to the subject property. This notice of intent to issue a permit does not constitute Department permit issuance. The permit will be issued after the permittee shows proof that a valid local government development approval or development order has been given to the sites served by the connection and the specific special provisions of the approval are consistent with the permit applications and conditions previously noted. No connection work on the Department right-of-way shall be initiated until the Department Permit is issued. cc: R. Baier D. Johnson L. Lane D. Kar.as S. I,lovores P.E. I,. fiilton *See attached special provisions "~ ~ e 13y: TITLE: Br. ian A. Bennett, P. E Pinellas Maintenance Engineer 621-625 s ~ .I~ Special Provisions Access Permit 4/15-799-94-045-P 1) Local Government Approval Letter 2) Drainage Permit or Letter of Exemption from District Drainage. 3) Revised sign/seal site plans (4 copies) reflecting: a) Revise notation (sheet 3 of 5) and site plans to reflect proposed driveway to be signed for "no left turn" for egress (instead of "right turn only") to correspond to traffic working plans. b) A 24' maximum access connection. c) All work performed within the Florida DOT P.ight of Way shall conform to: 1) FDOT Roadway & Traffic Design Standards (January 1994 Edition). _.s; - ~ q 3 -~ w G _ 3 ~ ~. .Y r,,~~ Application # '° `f' .: ~ ~ ~A I COMMERCIAL AND MULTI-USE DOCK P I7 PINELLAS COUNTY WATER AND NAVIGATION Please type, or hand print i~a BLACK i (OFFICIAL USE ONLY APPLICATION Sip 9 ? 3 I. PROPERTY OWNER INFORMATION: CI fY 0~ CLEARWATER A. Applicant's Name: ~Ga~.,rgRly,~° ~ j~(,~E ~~ING DEPT. DIV. B. Mailing Address: ~. d . ~3t 1 ~' ~~ City: CK~/~. _ State: ~.L - Zip: 3T~I C. Telephone No.(s): ~`'!~~ ~ -~ 3 ~!~ II. AGENT INFORMATION: A. Name: B. Address: ~~ L.t ~~1~9L.1.t.~tJ / j1t/~ City: ~u-~A~~~ State: _~L~- Zip: l b C. Telephone.No:(s): ''l'~ ~ ~9'~r`.s III. SITE INFORMATION: A. Construction Site Address: 9~~ ~.. G`X.~C~L~- ,~ -City: ~t~~4r;~e4?~/~ B. Intended Use: ~X 1 S"~/IVG ~~IK!-7~i,~Q~/QL. /~N9~1 ~/~ ~ ~/~ ~-tti$~.}'~ 1~y ~ . C. Parcel YD Number: _~~ / 02. P / ~..~ /' ~ 2./ $~~ /GYL- /Cba.D D. Incorporated: E. Previous Permits: Unincorporated: ^ F. Date applicant assumed property ownership: ! 7 ,~~? Jam' ,~ ~ month/year ,~ G. Obstructions: (dogs, fences, etc.) H. Attach 8-1/2" X 11" vicinity map showing specific project location. ~~ I. All other information pursuant to P.C.O. 90-19 (amended), Section 10.8, as needed. J. Does the project abut residentially zoned property? Yes L~ No O K. For projects requiring a public hearing, attach a copy of the complete legal description. N ~j 048M1ND/art /ENVMGMN7/CorrmB8t1.8/30/93 MULTI-USE/COMM~RCLAL DOCK ., , MHW MLW BOTTOM Profile View ENG. SCALE: 1" \I/ -- - N - ~I~ Q~~ ~n~~~ CITY OF CLEANWATER BUILDING DEPT. DIV. TOTAL SQUARE FEET WATERWAY WIDTH WATERFRONT WIDTH _____ __ _ Plan View (applicant and adjacent docks) ~~ ~~~ ~w ~~ ~~ ~~~~~ ~ Municipality Approv~ I Water and Navigation Approval I Engineer's Seal 0 ~h b~ ~ r~f~3 Application # ~ ~ (OFFICIAL USE ONLY) D48/WD/art /ENVMGMNT/ComBBf3.7/20/93 r •: '~ N wr.c .. ac ~ L~ (~.~ CLF' ,y~y~, n/ ~ 0 HARBOR '~ ~ ~ ~ 7 N 0 r~ ••~ •. _ H 89.2" wx v., r7irt ~ ~~ 8!899' n 47 N. BY i0' OP'M x ~t0"iu ~u~ ~.' ~ :7 0 ,..•.,~,P ~_.,n ur.vl~ =m.°~.'~'.~.; .... ~cE:.o:;.a.;QfiFS sus. ~ - Sao ~ w,P ~~------~;.., rai i~c,a o» P,on, K~...,.o.w o i ...n .~w. ,PrCP ® ~ ~ . 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[o~ .... k'. ? ~ ' ~///a..c:Y/. /~J /`,E_J"'P-/•"~CtiB ••c ,on .ar o. cuo :i uss - o ~~s7~Ro ePO'fou,n t Q ~~/EsQE'D Sy~'j7S... * ,r • < ~ ~•~ /~/j-/uG; o^t.'S cCV4 GILD ~; 5T~'~t .~2iaiciQc~~ ~~cG R .: ~LANO~~SU VEX f - , ..,. .. Y ~ ~ SEE MAP 48 i ~ a ty. i , ~~ ~ ~ 5 ~ ~® t h _ ti i * i G ~ ~ r • ~ ~ _ ~ ~,, ~,, . ,~ ,,r ~~w: ~'': ~ ~~ W : ~ • r~ , , J _ r. ~' ;ri~ ar` ~~ ~ ~' ~~~ ` - r , l ~ i r ~ ~ Irr{ ~~_ ~ ~oo ~ y~i ~CC ` YC~GT~ A~ . ~i ~+~~ ~ 'CO ~~ POINT ~' ~ , ~ ~~ .. • T D UMET T _ ' NOKOMIS T _ '- l-EBE-A a~ IROOUOI T INCES OSAG ~QPMO T ~~ a EASAN M~ H vV f Da 1' , ~ 1 S NB UPS Q' ~ APA ~ ~S '! . ; ; F /~~ 3 It .+ i;, ,~ r ><Mq ` ~ q~ T s M I W MARS ~ ~. ~_ sti 4r. ~ ~ .~ CHARLES ST~ PINE REST ,_~; r ,, ~ ~• ~ : j~ •~ Y IVA5T SEDEE A ~ -~--~ Q ST NSEDEE:rACIR C1R BART i r ~ 4 ` ;~ .... ~^. i O 15 ~ s. v~ t 7 ~ ~ 1,~° :: ~ V NNYDALE DR ~ a H n~~ 1 ~ . • ~ 4 k ~. ~ ~ ~ .~i :~ it • 5~'', ~, E ,t '~ ~ /r 9~ 3_ ~ r NE ST'S MMODO E RANAD SHER~4~ ~' V4 ~-1Z ~ , ~f z.; _ ~ VI~T I ; 0~o7t~ WK~ee~ ~rq t~~m .. ~, cn ST 2 ~ r J ti ~~ fN" ~ a 4Q ~r r `}e G r - ~ TANG ^~c~..c, EN MAN ENl ~I~ K n I m ~ m LN v N Cn ~ ~a~ CIAI ~iQSTEV•EN50 ~ `'OR ~ ° ; f v ~, ST 5~ c ~'~ , f~ R SELL ST ~~ I6 r, { ~ r ' >`'~.~ r ~ °_ a~ F LA. LLE LA SALLEp a a 2 ~ ~ sa. ` • ~~~ t SP ST z ST ~ ~~ _ , RgyG ~ PALM LUff ~ ~ ' ~V ' a K _.'~It/ ` Q ~"~ CE DA $T ME ST ~ O rri ' , °- A ~ ~ O ~'~ a'.; r sFMiti ~ ~ 4 1 nn NI C50 1 ~~~ NICH LSON • . t ; ; ~•~-- --- 4 ~~ _ .~ r l z ST 9 ST ~~, S 1 ~ DRIDGE ST 800 ; E LD IDGE SEE MAP62 Customer Addresaea and Phone numbers p (~n'~~ y SEP 17193 ~:.;~~ CI i•Y GI~ CLEARWATER BUILDING DEPT, DIV, c~~ v ` m O DG LOCATOR MAP ado ~ SCn~E IN FEET 3.8'=iMIIE 54 ail J ,~ 'I „I '. I~ ;I ~~ ~~ r I~ Ii I! I! ~~ S `~v ~ ~ G ~~ ADMINISTRATION BUILDING 3014th Street S.W. P.O. Box 2942 Largo, FL 34649-2942 (813) 586-1818 FAX (813) 588-6202 School Board of Pinellas County, Florida Chairman Lee Benjamin Vice-Chairman Corinne Freeman Barbara J. Crockett Susan Latvala Linda S. Lerner John Sanguinett Andrea M. Thacker Superintendent J. Howard Hinesley, Ed.D. Pinellas County Schools is an equal opportunity institution for education and employment. PINELLAS COl1NTY SCHOOLS December 1, 1993 Mr. Scott Shuford Planning and Zoning Manager Planning and Development Department City of Clearwater P. O. Box 4748 Clearwater, Florida 34618-4748 Dear Mr. Shuford: REC~IV~D DEC 0 6 1993 DEVELOPM~N l7EPT. am in receipt of the staff report for the Clearwater Bay Marine, Inc. variance request to permit the sale of alcoholic beverages on the Majestic Empress cruise ship. We have discussed this issue with the North Ward Elementary School principal, and do not have any problem with the alcoholic beverage permit under the recommended conditions in the said report. We are, however, concerned that the liquor license may, by some means, be transferred to a building within the marina if the cruise ship ceases operation from this marina. Since North Ward Elementary School is across the roadway from the marina, we request that appropriate conditions be attached to the approval of the said liquor license that would preclude this from occurring. If the cruise ship operations cease at the marina, then the liquor license should immediately be canceled. Your assistance in placing additional conditions on the liquor license to accomplish our request is appreciated. S'ncerely, .~ Jim Miller cc: Rita Garvey, Mayor, Clearwater Michael Wright, City Manager, Clearwater J. Howard Hinesley, Ed. D., Superintendent of Schools Marcia Morgan, Principal, North Ward Elementary School Bill Williamson, Area I Superintendent \\com\let\shuford C i~ Printed on Recycled Paper ~-~. ~- ~~ P ,~ J ~jGlo~ . t ~ cc BEST SCAN OBTAINABLE. i=IT''r OF t=LFRF,. RTEF F,1; 17-aJ_ ?. is lan a ?5 -,: =i; , .- i !1 '''T'rY 0F C L E A R W A a'?,R Clr:.?irwater, f-tunua ., . _ 8 C-i , ?,,om ni 6ion CGt'tES M CCt ?'4 ? :C..N. M AN )UM ???' TC: Seca Shtjt`at'(.J, I)ireotor of Cents'al Permitting j F - NEY J j 44RU: 1)r_t,,tula, City NA in-iger Ci -FMK ' r*A A. T?- - r??;mrlur>sir?r;?r a-,', r 'Tan'.. d , piv. . , N ' 'i, :,= i `-. ?' '+ w , -, ... A-... t i ., ,, s ., .;. 1 ,r. ,a ? ,k ?: «.. . 'M r 'F . ,Y , . .... , 4 A lE ti;: t ?.'c -.'A +'.'if C', vCiiTO Ba i 1 t!t-:PitI1;;Y lJft V.'ili.:;tl ' "1? ;?"t: (i:t ti y : q, Cn s ?t.tlti t'C2Tli? ;d? t ). tZ (ti i ?+ }? . « c'I,? sS` . c.t%t?2?? io tti i t?$it..te1 i;", Short, Fti `''i:I.: u .. i t(', if ally. ycL+ foi your atLentir, .> this natter. k f r tl .a v1 _ FA'I'!rn ' r .f r ~ ~ ,~ ~~ JRN-06-19'94 11 ~ 13 FROP'I TO Fk~tST AII~NDMEN'k' Ttl LEASE xHi<S AGftEElt+iluN'~' ("Amendment") entered into this ~ day o a.~.r~ , a.99d by and between CLFA~~VA1T>Et. BAY A'I~ATtItNA, YNC., as ancce~ar to CLEAItWA'l:~R NfARL1+1E WAYS, INC., her+sinail~er. referred t4 as "Lessor," and ADV]G~~1TUIik~ SEAWAYS, INC., dlbfa E]VY.FI:iJ~SS trR.UISE LI]+TIJS, hereafter. referr+~d to as "Les~ae~e~" P . [~4 VV~I:tEA~S, L.esse+e is leading Pram Lessor nnariana property far the purpose of operating a carnmercial cruise line pursuant to a Legge ,agreement dated September ~, 9.993 (the "Leseset'), and SEAS, iq order tsr obtain appravak l~rom the pity ok' Clearwater ~nr the uperatioa of the cruise line, certain reatrictitrns andlor caaditio~ns a.re required.. NpyV, '#'DELtEFGR.E, in ennsideration of the l:psiness reiatioaship lay and between #be Lessor and Lessee, the following is agreed upon to amend the Lease as foilawg: l.. During the term of the Lease between Lc~zsor and Lessee, Lessor agrees it will not lease ar otherwise intentionally ass tlje dockage area located an t'he santhwest end ok' the 11'Iarina where the cruise skiip ie to be berthed, as shown. on the attached Exhibit ,~ (tlje "berth"}, li# is pra~ided, however, that tlaxs Amendment skull not restrict Lessor's right to lease 4r otherwise use the bast skips mr the fuel dock ]seated in the viein+ity of the Berth. 2. That Lessee agrees to pay the impact fees far the xer+enteern (I.7') ncwky iostallcd wet alirps an the floatinrg dark fb.at repkaces the floata~ng dock formerly cansis#'rng of tkiir#y-eight (3~ wet slips. TOTAL P.04 ,~ , JAN-06-1994 11 13 FROM s TO FIRST A11 +NR~NT TO L~A~T - Fa~;e 3 STA'TL OF FLURYbA CQITNTX OT ~i~ ~.'~' Tice forcgaing ins#rnpae~x vvas acknowledged before me this ~ day of " ~v1~o is rson~lly kt~nwn ~ me.-- - NO-TAR.X PUBLYC, STATL QF I''I~RII)A My Commission ea~pSrt~s: r ,/~ t~'~ o. ~r,~ ~~s Na#ary's Name Printed Ilerc ~,; , ;.r ~ c~Missora ~ ~ agree ~~ '°--~' ;'~'' HSiR:LR7NRti7'gy5'FRRfpILWWICE,MfQ. STA'I`I; OF FL4RIT~A COITIVTY QF ~/~~ L L/a'S The foregoing inatrament wos ael~rowledged 6ei`are xne the ~. ~ (n ,day of SAN~g~y . Y.994 by £'sPe.v f~ti~~~~~ as Vlcc r~'~.~s~D~.v~ , who is personally known to me. - - - My Commission expires: HARRIkT WiLllgl,{SQ~ yor,oav. MY Comm ~c~. 3/i~,,~~ ~; PUBLlG o Bonded $y ~~g ~F ov FtioQ\ ItiO. ~C2~~~~~ I ]Personally Krgn1 1`~~~~ NU'l'AR.Y PUBLIC, STATE ~~' T~.I.~RID1~ i Notary's Name Printed Here P.02 JPN-06-1994 11 13 FROM TO P.03 FIRST AMENDI4IE~iT TQ LEASE ~ Fage 3. l;t is understood tb~t this Amendm.evt will be exeevted in recordable form, a~td may be recorded by either party, or by Y.he City of Clearwater, and such amendment will be binding on either a successor lessor or svecessor lessee under the terms and conditir~ns hereof and off' tie Leese by and between Lessor a.nd Lessee. d~. It is further agreed that dining the pendency of the T.~ease, the berth caAnot be used ~ a ~e up for Any ships mvned andlar operated by the Lessee other th$n the cruise ship licensed by the City of Clearwater: AGRTsfh',J] this ~ day of ~ g4. ~' ,,,,,,,~~ // CIi..~AIt~VA'1<'E BAY ANA, TNC. ~:.~~.7'E~~~~~~ ll`y l~awa s. , 'Br'as cur Title: a ~~ ~_ ~' BY ,~; Title: ti } ~--i i-IP ~1-tL_~-1'~'~~{ lb: ~O ir,:iJl'I 1 U L~LUI t~M ~ I'!I-i:' llvt r" ~_~~~ TOTAL P.02 ' : ~ ~ P.O. Bax 1845 . Pfiellas Park, FL 3466. 4-1845. ~ ,' . ~~,ec.ic~~~.~~--~- ~cxn~.i.n~~ ~~.a.Qi~.c~g '~` ~''~` Tefephane: 544-21.81 or 547-1391 . . ~,, ~ ~ :, :~.~~, r;... .. y!` a(j~'~'~\J z~"rii ~,,:7iT.v.1.~L"' ~~ !: i ~7p~{~1I`~ATA~i~T1I 1 Yi flnl~. ~ ili ~" ~.' '~ ''4 ~IF1 h~ ~R~!S!4_ ~~~ ~~bYY1 s JAN- 4-{J4 TUE 13_.44 M_-J-ACER~•Q P-02 ~~ ; ~ 1NE AV!*RAGE 30% INCREASE Off, PAF;3F~ING SPACES - -PARKING. DESIGN t3Y FAX 1593-2687 , • - ;: PRGA4SALICpt3~'RAGT..• ~~•.:. : ,~ i.:: ; ~.. ; ,' ' •' ::.;; .; .. PAR-ICING ENGINEERING $ Ct~NSTRtJC"fICN, INC. - • .. -. P.{y, t?H)X 125. .... • - - ~ ~ •~~ ~.,. • • ~ ' ~• ~ INDIAN ROCKS BEACH, FL 34635 -' ~• Telephone. {813) 596-0874 . , .. ~' ~ : i . - :;~ . .. ~ ,; JQB NAME: .. .t - ' ';i.. ~+ NAME: STREET: ~ . &TREET: CITY: 8TATE, . 392 C~? - : ': ~.. fit. Petr~rsb~ura-. F~:. ~ - •-'.;-,. - PFiQNE: ~ DATES A!]DRESS: ~~ 821-~.~40 ' - 1l4 94 -• ~. :~ . . This 'dill ~~rwa• ~•$. a car~tract agr~sem~nt: ~+etweor~•- th~• ut~td~i~sigri~d ~~.:!~-~ ~.'•" partw.ias tQ' compl~t~ the rencvat:icsn work as schc~du led ~'or t::l~a~.;.:: ; :~ :;-.,,- •. ;.: ' Captior~+~d pr'a,~ect , - ..... :-,;. .;;,':~ +. This work will bb' don® in atMcardance with the, p4.a.ns. numb~+r'ed .3pb~. ;.~-;-~; ~ ' #24~F~.3 as prepared bX t~loveras, pour ~ Stevens ~~ ~I~t~d, 1,a~1t3-~93 ~..,:: -.~`,.:• :.•. reva~sed t:hr:'ou~rf 11--23-93, and the d~.r'~Ctions and 5upervigion ,4~, ;,:..,~',:~,.I: tri~.~r ag~rit; ~•° W1r . ;..Tom Radcl~.f ~ _ - ~ • ..r- . . , ,, ,,, , „ ;• ; •• . This cont~i ~,c'tual agr~em~nt is for the completion af,, the `..:: =~ . r~YlOVBIt:,~ars. , -~ ~ ~ Pricing and p~ym~rtt terms t:c~ be ne~otkat:ed and aSra~c~ by l~otti -: ` •~,..`: `,°• p~,rtates per it;em~ of required work on a unit cast of wsat"Ic ;• .. performed basis. - ~ , ~ ~' . Any work, whatsoe~rer, peri"ormed on this project„ will: ne~esa~tate•~: , tart (i~~3 day prior written notf.ce and appraisal by Pd~Ft°KxNG :-. ,:•~=... :~ . ENGINEEl~YNG & CQNS'TRUCTiOtd, xNC_ due to RBrmxtin9 requlrement~.:,°'.,`.-'~:':.':';- ,~ : ,:.: ~: ,. ~ • • ;: ~ '?' e' 'Payment t0 be based an field measurements at unit price quoted unless lump sum price 1s quoted;.: :: '.: ~; , ' ,~ ,'. .: TERMS: In the event sutijegt work'~equlres mare than 30 days to complot&, we will invoice at lhe'eltd of the month." :`- fox work performed in that rnanth and will ba entitled to resolve' payment of said invotee, less retainage •of 1096 to;;be••.• • :` < held by awnar until cbmpletigri, `within 10 day's from d'ate' of in~aice. Flnai billing payable 14 days fr¢m date of irsvoiCl9, .:; °. =;:,. . . ; , •.- ..:-. .: -•- :' : PAR~KiNCi ENGIh1E~RING & C4NSTRUCTIC7hS, INC:~;;:.. ;~; iVaT Void if net returned with- ~ ~ , days ~ BY,. ~'~fdJ" .. ~ • ~~ , . . _ 5 ... .. ~ .:. . - ~~. •. QCotrtract ~rcc~taxlrta .:.' .. ~, .....~..: ; ...,~~' ~~ •. •:;;°':•~.; ;- •.' The above prices, specificatiaris and conditiarss are satisfactory and ate }tgreby accepted. You are authorized to do~fhe worltc{as, specified, Payment will be made as outlined above. Terms & Conditions printed on r rs® side era ` s Contract: ' ~ ,•' • Date -' L y Signature . .. REVISEd AFFIDAVIT clp.~w.,t~~ ,z~,,~,~ti~.a~w~. I, Josg~/~~o.a-~g,cc~o./c /ice~es~e~wf' ; as owner of the property described as, Iinc/uda position and name of company it applicable! do hereby authorize ~~ ~Ati~~e~_ _ to appear before the: !Hems e/,~ ,seen teuvel ri~i Development Code Adjustment Board (Variance! r-~ Planning 8r Zoning Board (Conditional Use) r-~ City Commission (Alcoholic Beverage Distance Variance, Sign Variances) to request approval of ~ a a. /~ , ~„ c_ ~~/9- ~~ ~7 ~1 ~'~ ~99/~- i2~ (!ice /^~,!! ~i 'J ~i E G ~ l•/C ~~ S~ r f~~Q ~~ ~/' v / /~!' ~~r1 [! f ~. /.•~ 4. ,'~/-c~, t C 1 Person Making A//idevit /lnclud~ position and Home o/ corhpeny i/ epplice6/c1 Subscribed and sworn to (or affirmed) before me (his 3 day of O vim) A.b. 19g3 by namn who is peisonelly known to me and/or has produced _ ~n,trn ~s identification. " ITypo of identi/!c~ Lion/ ~ ., STATE OF FLORIDA, COUNTY OF otary Public, Commission No. (Signetuiel `b' (Name of Notary typed, printed o'r stamped) o~Py ~ '°~ SIMME J. ROTEN _ ~ T9OTARY PUBLTC, Stale O[ Florida. My Commlas3on 1 ~j`scs F„;,,.. q; Nov. 20, 1994. ~Op FLQQ`' Com:n1s31on ACC 055318 ~., Bonded thou *•^v Fatn Insurance Inc. (~ \!~ ~~ ~' 'J Exhibit "A" Description of Property Ownership for Clearwater Bay f~2afine: J.A. Gorra Sub., Block 2, Lots 2 & 3 along with the westerly 120 ft of Lot 1, Sue Basco Sub.; Lots 13, 14, 23 and 22 less triangle in S/E corker tog~t~ier with vacated Nicholson Street, filled submerged land, 5ubmercjec~ land, and riparian `rights. ~~~ ` Gy~~~ d~~%u~Y ~p ,~ °, 7/~y ,~ ~;. ~: t _~ Date ~~~ _ ~~` i2eceived By ~ "~:,~' ' ~ o ~.,~ ~ y Comply ~ ~ ~~ U _ ~-/C~ COMML7NITY RESPONSE TEAM ' COMPLAINAM NAME: J ~ ~ '" ~~ COMPLAINANT ADDRESS: ~~ ~ ~ ' C LOCATION OF S~PECTED VIOLATION: ~-- • r PHONE: ~~3 d ~ ~ L TYPE OF SUSPECTED VIOLATION: ~• o ~ ~~ ~~ ~ L.h~iti 5 ~' cv?~~. '~~+!~i.L /c ' 3 0 ~m ~ In ,` t? o /~ .,-,~ ~~,~ / cir~~~~ Sf~-/~SCQEGAI DE CRIPTION PARCEL NUMBER: U GRID ~: ATLAS PAGE ~: SUBDIVISION: ZONING: BLOCK: LOT: ................................................................... DATE: a- y INVESTIGATION REPORT COMPLIANCE DATE: ~~~~~ c~z ci.t~^ 4 _ 7_.A ~Ct L i.e, ~~~ •7,t J,r~~ c'~ ~~,_~ C'u.~.~ --, (//, ' ~~J ' ZJ ~j ICJ MISSION STATEMENT: To consistently, fairly and impartially regulate established community image standards and quality of life Issues as set forth by the City's Code of Ordinances, with an emphasis on achieving voluntary code compliance through education, communication and cooperation. • • • w • • • • • • • • ~ • • • • • • • • • • • • • • • • • • • • • • • • • • • • ~ • • • • • • • • • • • • • • • • ~ • • • • • • • INSPECTORS SIGNATURE: DATE: * 2 e PR/A'i D D/~' R= C f GLAD PAPr"R From: Hilton (LOU) To: SCOTT Date: Wednesday, January 26, 1994 11:37 am Subject: CRUISE LINE HEARINGS -Reply PZB - February 15, 1994 CC - March 3, 1994 CITY COMMISSION APPROVAL CONDITIONS V (NOT OFFICIAL] 1) The applicant shall obtain an occupational license within two months of this public hearing. 2) The applicant shall obtain a variance to the parking regulations, or otherwise meet City parking requirements: 3) 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 leaves the marina entirely for outgoing trips) and sale and distribution shall cease at or before the vessel reaches the Clearwater Pass Bridge (for incoming trips. 4) The applicant shall obtain an alcoholic beverage separation distance variance from the City Commission. 5) The applicant shall complete all proposed site work within 90 days of City Commission approval of the alcoholic beverage separation variance, and that construction of the walls required by these conditions to 6e erected within 30 days of such approval. 6- There shall be a six month trial period to determine if the site design, traffic routing and proposed parking lot management techniques are effective in handling traffic generated by the use; and if the hours of operation, site lighting and buffering are sufficient to make the use reasonably compatible with surrounding properties: 7) Environmental Management will require stormwater retention, landscaping of the shell parking to be paved; landscaping of the Osceola Avenue buffer; provision of a spill contingency plan; and copies of soundings and Army Corp of Engineers correspondence regarding navigation access and maintenance dredging activities prior to the issuance of a certificate of occupancy. 8- The cruise ship shall be berthed by 12:30 A.M. midnight 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, 9) All in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the Memorial Causeway bridge. 10) The applicant shall erect a six foot tall brick or painted and stuccoed concrete block wall along the north and south sides of the property adjacent to adjoining residential uses, maintaining, to the extent allowed by site access constraints, a 10 ft. landscape buffer on the residents' side of the wall. 11) There shall be no outdoor entertainment in the landside facilities, and all use of outdoor speakers on the ship while it is berthed or on landside facilities shall be prohibited after 5:00 P.M. 12) There shall be no outdoor ship or site cleaning operations between the hours of 8:00 P.M. and 7:00 A.M. 13) Site lighting shall be directed downwards and away from all adjoining properties. 14) There shall be no storage of boats in the paved parking spaces or travel aisles. 15) The North Osceola Avenue entrance and the eastern entrance from the Seminole boat launching facility shall not be used unless determined necessary for vehicular access by the Traffic Engineer or Fire Marshal, with the primary concern being public safety rather than on-site traffic circulation convenience. 16) The cruise ship shall be enclosed and all entertainment shall occur within the enclosed space of the cruise ship while in the marina. 17) 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. ...___. __ _ ~ ~._~~ ~._~.uli.IUFIIL'LI~.. III-11•:II~H ~~I ~J 18 '93 10:18 T0:813 452 6~?57 FROM: Yi7 At:MEM6FA ~MPR~"S ~RUIS~E L lNE~ November 12, 1.993 Bi11. Held Harbor Ntaster 25 Cause~~vay Blvd. Clear,vatez, FL 34630 'Z~ 1.2$Z Mr. Held' PUBLIC WbRI:S F. 02 T-171 P. 01 Please know that. Empress Cruise Lznes will dredge the >na.anio.a area as agreed. Tbas wild be the satnc area th>~t was dredged in. 1.985. We will rene`x~ ttaz atready exisiting mai~ttenance dredging permit in order to expEdite this action. Espen Tatulberg Vice P;resi.derat . GY:J~l~ +~ . ..a 3~l~i C:irrrannz. Av~~_~ • 57'. Pfz'~~Srsut~c,, FLG~tuDA ~37~ 1 ~ ~8i3) 821.-16C~U • Fnx <81.3) g21-0282 '''-- rti____..,...__.,... r ....... /c~ ~ ~1 cu1C r~r_ x r _ nt.....-..,;.. 1 Qr1rl /Q/~: R/.fYt TOTAL F.02 CITY OF CLEARWATER Interdepartmental Correspondence Sheet T®: Betty Deptula, Acting City 1Vlanager FIt.OM: Pete Yauch, Acting Public Works Director COPIES: Kathy Rice, Deputy City Manager William Baker, Acting Assistant City Manager Bill Held, Harbormaster /Scott Shuford, Central Permitting Don Meerians, Acting City Traffic Engineer SUBJECT: Empress Cruise Lines DATE: December 28, 1993 This memo is an update to my December 21 memo to Michael Wright. I visited the Empress site at the Se-ninole Marine Ways ,again this afternoon. Only minor changes have taken place since my visit a week ago -- the ship's gangway has been delivered, and it appears that demolition of the floating docks has begun. However, there are still several boats tied up at these floating docks that have not yef been relocated. There have been no changes to the parking lots, whic}~ is not in conformance with the approved paln, and the required noise wall and landscaping has not been installed. I understand from a number of sources, including Harbormaster Bill Held, that Empress' new ship did not meet US Coast Guard certification requirements, and that there will be a delay of a few weeks in getting this ship into service. The Transportation Impact Fee has not yet been paid; I have not heard from Empress since December 17, at which time they indicated t}iey wanted to start operations on December 21. Attached is a reprint of a letter that Director of Central Permitting Scott Shuford sent Espen Tandberg of Empress, noting the City's concerns on this project. If there are any questions or concerns, please let me know. Attachment • AB 93-16 ~ Page 3 ..... W °C VARIANCE WORKSHEET -CASE NUMBER AB 93-16 STANDARDS FOR VARIANCE APPROVAL STAFF FINDINGS (.1) The variance requested-.arises from a condition which is unique to the The subject property is a large marina facility located in ,a "residential" (Resort .property in question and is neither ordinarily or uniformly applicable to the Commercial) zone which requires the separation variance. There are no other residential zoning district nor created by an action or actions of the property owner, zoning districts within 300 feet of the proposed use. predecessor in title, .or the applicant. Any mistake made in the execution of a building permit or work performed without the benefit of a permit shall not be ' considered to_be=situations which support the granting of a variance. (2) The particularrphysical surroundings, shape or. topographical -conditions •of J 'The subject property is located ~in a :marina setting similar ao the Clearwater -Marina theproperty involved and the strict,application of the provisions of this facility. -The subject property is a large marina facility located in a "residential" (Resort development code-wouldresult in.an unnecessary hardship upon the applicant. Commercial) zone which requires the separation variance. There are°no other residential zoning districts within 300 feet of the proposed use. (3) The variance :is the minimum necessary to overcome the unnecessary The. applicant appears to be requesting the minimum variance given the location and .site hardship referred to in preceding recital "2" for the purpose of making design. The subject property is a large marina facility located in.a "residential" (Resort reasonable•use~of the land. Commercial) zone which requires the separation variance. There are no other residential 'The applicant appears to be requesting the minimum variance given the location zoning districts within 300 feet of the proposed use. .and site design. (41 The request for a variance is~not based primarily upon the desire of the The applicant will be operating a marina and cruise ship; the business is not primarily applicant to secure a greater financial return from the property. dependent upon alcoholic beverage sales. (51 The granting otthis variance will not-be materially detrimental or injurious to If operated in a mannerconsistent with the conditional use permit, this application other property or improvements in the neighborhood in which the property is appears to comply with this standard for a variance. located. The site design and overall development will minimize any negative impacts on surrounding properties. In particular, the property will be subject to new buffering and landscaping requirements which will enhance the marina appearance and reduce adjoining properties from any negative impacts. 161 The granting of the variance will not impair an adequate .supply of light or The application appears to comply with this standard for a variance. Negative impacts ventilation to adjacent property, detract from the appearance of the community, are not anticipated if the marina and cruise ship are operated in a manner consistent with substantially increase the congestion in the public streets, increase the danger the conditional use permit. of fire, endanger the- public safety in any way, or substantially diminish or impair the value of surrounding property. (7) The variance desired will not adversely affect the public health, safety, Negative impacts are not anticipated if the use is operated in a manner consistent with order, convenience, or general welfare of the community. the conditional use permit. Negative impacts are not anticipated if the use is operated in a manner consistent with the conditional use permit. 8) The granting of the variance desired will not violate the general spirit and The application appears to comply with this standard for variance. intent of this development code. ~• --~-r--• OMB No. 21 15.0517 ~.--` ,. _ - . ' ~ ~ ~ CERTIFICATION DATE: •_ . ' ~ x ~' _ ~UNlTED STATES OF AMERICA 4 ,.. ° `_ ~, ~ ~ 09SEP 9v `_• _ r.OErARTMENT OF TRANSVORTATIOtM~~ -' ` ~ ,~ "%~•ar ti . ` ,,.,~°-n,,,, EXPIRATION DATE ~ « y'S09SEP 94'~ ~: .. UNITED STATES COAST GUARD ~ •"""` 'x"'" `"4"' VESSEL NAME -~ t OFFICIAL NUMBER `. CALL SIGN ~ SERVICE - - .- NOME' RT - - •_ _ ~ . , MULL RAATERI - rr S ~~~POw P O _ Sl .. - ~ .. •PLAC BVILT ~ ~ .. .. ` DAt $U l GROSS TONS NET TONS DIN ' - ~ ~ ~ ; ~ ~ ~ ~ LENGTH , _:.,l '7~'P.II k~' ' ~[l i arr-xlr.~c - -- - -~~~~~~~ OPERATOR -- :'•.t~tr-iRTS, IPd;: - ADVE~!'TURE SEfiIWAYS, I~lC•.. 3~,?1 i~tAR3~-!A ~Sl~REET .CiO E'SI~RESS CP,tJISE LIMES . SAS. JUp~; ..PR 00901 ": -, .-.3424 CEi~1'E~AL AVE ..~ - • :: ,, .~~- .. :. ,.,,-: .ST'a.-FETERSBURG '-FL 337'11 -.~`-- .... . _ ..ryH. ~.- r ..- _ -_~- ._..:cc..-_~w..-. ~..... ._ _ THIS VESSEL MUST BE MANNED WITH THE FOLLOWING LICENSED AND UNLICENSED PERSONNEL, INCLUDED IN .^ -_: WHICH THERE MUST BE=_-:.CERTIFICATED LIFEBOATMEN ANO--..~-CERTIFICATED TANKERMAN. , .... ' •~ . - -,MASTER - . MASTER & 1ST CLASS PILOT ~ ABLE SEAMEN CHIEF•ENGINEER FIREMEN•WATERTENDERS _CHIEFMATE, - `CLASS PILOT ORDINARY SEAMEN 1ST ASST. ENGINEER OILERS -2ND MATE . RADIO OFFICER(S) - ~ DECKHANDS 2N0 ASST. ENGINEER ... " MATES ~ OPERATOR(S) - -~ ~- ENG'RS. - ,. - ... .. _. - iNADDITION, THIS VESSEL MAYCARRY -" -- -~ -`"PASSENGERS OTHER PERSONS IN CREW, 1. PERSONS IN ADDITION TO CREW, ANO .TOTAL PERSONS ALLOWED: ,.• ~ ROUTE PERMITTED AND CONDITIONS OF OPERATION:' ~~DASTLJISE • - - ~ Gulf of- ~icxi,_~ Fr-Lm S-~s~~ `'~~in'G, FL t;c Cnpt, Romano, :~L no•'t Irlar'e ~:I-?an 20 illil~s •~r-~~m ~ •~~~erbor• Q•F Sa•(=e rh•Fuge- ~I'?=~ maxim~llrl nl~mber~ oi= parSet~ger•s a1i.t_~wed on ~:he u~~ ~?-. ~:3r'd> d~cic i5 250; t;i-i~~ Irl~.:;im~tm nlamb~r of pas~:enger-s a13.ow~+d nn S~~ or~d ci~cl: & abnv~• is 31C;. ~fi'?~~nrhi, nl~lYl`;~=•?,~ ~•~ ci•?i1d ~a~~~na~r•s. i.~nt~c~r- ;'t; ;3~I.~n~~_ c ;.>=nr~tis ~:3; . a~~ciif.innal ,~~,i.:l.c~ F%F'C `~ sha11 b~ pr-oti'idecs •Go. acCC,ntiYlor_;at~ 10t?~e ~_•~f~ r'_:.I cliil~ ~asS;?ng~:-= ~fi'iF'll {.".hA? .'s1E~=•E~t?.{. ].S ~lili3;J 'i''t'UITI ::3 ShGr'~S1C1r"_~ ~(3C~C, ~~?' h3S 1f3SSE'ii^~?r'S tDn boar.:.- ra-~- ,: r,i;h f=or rtlor-~ }.han 12 hol_I,"S in any ~4 hr~I~r .F,er-ioc~, an al•tr=rn~.~;= cr•F~w NIT7.1 THIS INSPECTION HAVING BEEN COMPLETED AT _ ON ,THIS VESSEL IS :ERTIFIED BY THE OFFICER IN CHARGE, MARINE INSPECT~FIJ..t E R .i t='i 1:; C: A C ~ ; , F 1.. , , TO BE IN .44?L~RF~RECISIN CONFORMITY JRH THE APPLICABLE VESSEL INSPECTION L11iM5 AND THE RULES''AIVC3I~6~SVLArT'ICiNS.PRESCRIBEDTHEREUNDER ~ - PERIODIC REINSPECTIONS THIS CERTIFICATE gY• - DATE 'ZONE SIGNATURE _ ~' .._ . _ '~ ^ OF`}{ICER I'f11~tH RGE,hN'ARtkt , `SPECT'Idt~Y~-~' ' ' ~ t" ' ~ INSPECTION 20NE ~i''T. OF TRANSP,~ USCG, CG-541 (Rav, 8.551 t i "' r ri ,r : - . _ , "' UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION ~ , .~.,; - .• 4*1O~ "" UNITEO STATES COAST GUARD ®~ : `~ r. f '~ - - ~TEMPOF2ARY. CERTIF[CATE ~ OF INSPECTION This Temporary Certificate of Inspection is issued under the provisions of Title 46 United States Code, Section 399, in lieu of the regular certificate of inspection, and shall be in force only until the receipt on board said vessel of the original certificate of inspection, this certificate in no case to be valid after one year from the date of inspection. VESSEL OFFICIAL NUMBER CLASS GROSS TONS HOME PORT ~~SS~~' ~~ z 7G /1`l~A~i ~= G OWNER/ADORE!! ~ OPERATOR/AOOR SS ~ _ 3n f /yf~j ,~ /~/.9 $i G~D ~•/~!~/Z~ ~• G/~ rr /S ~-S ~ /~ /= s' ~> ~~ T~ ~S.61~~ ~'L 337o i e o owing comp ement o Icensed o Icers and crew is required to be carried; includ in which there must be •• Certificated l_ifeboatmen and Certificated Tankermen: ~_Master _ Master 4 1st Ctass Pilot Able Seamen Chief Engineer Firemen/Watertendars Chief Mata Class Pilot Ordinary Seamen 1st Asst. Engfnesr .Oilers • 2nd Mate Radio ONlce- ~ Deekhandi 2nd Asst. Engineer L ~ ~ Mate(s) Operator(s) Engineer(s) !n addition the vessel may carry other persons in the crew,1~passengers, ~ persons in addition to the crew, and ~ Total persons alFowed !,. "3 ~ ~~ p.s.i. Mazirnum steam pressure allowed ~/ DATE ORYDOCKEO ' _ , ~ li ~ Z ROUTE PERMI TED AND CONDITIONS OF OPERATION Goi9ST~i/S~l C F~ ~7~' ~~ ~/jl~X r ' iGO ~ J J v rA/z iC Py /~ L~ LAOi,,. ~L~/Yl.Airv .~L, /Y~i ~/~R-•~i_ ~i9iY Z 0 /yl/~ ~~ ~ F/L o /J~ i9 /`/fiyz ~ ° 7~~//L /~'J'/f' X, /Yt•!/!7~ C /2 O~'~/PSS/l~7/rs ~s .t L D 1.~ ri 0 O/1/ ~h~-C G~~~fs~ ~~GiK is ZSO j ii-/'C. /l7/'ri X. /I/~I~l~•3vJL O~ ~i98s~iY 4XZ~ O// .S/iLO~YJ T/~G/._ ~ ~ QOL/q' / ' ° S 3 / W S 3~ ~1»lTiO~~~ L G~/iG,cJ /~fv .S 5~//7LC- ~~ /~/LOI..~/,17 ~ %d /9GCG~?/~~/!T~ /~o~ ~~~~ C/jr~G,v .~s~sS2~'s,~~-•.,r es~ rsas~~.v !v/~/~i N i s.•Z ~- mss ~ ~ ~ s ~w,Py .~~.~~ .4 .~-o~ -c s~~-~ v~ ~.~ o~c /fir,/ /~L T.L~iir3T~~ ~/y-.S sv ~S~/~9~~ /`~/L / ~-/ ~y y ~ ~/ h/L. /'~/t~tiiO ) ~ ~ ~ :phi /iv~~~,) Inspection of.the above vessel was completed on O ~ Sf=~ /~'~ I HEREBY CERTIFY that on this date t ssel was in 1 respects in conformity with applicable vessel inspection laws and regulations prescribed thereunder. OFFIC AR ARI PECTION .. • INSPECT/ON ZONE R. . HARBERT, CAPT, USCG TAMPA, FL - DEPT. OF TRANSP. USCG - CG-83A (REV. 2.7E) - - - - - - PREVIOU! EDITION! ARE O!lOLET6 *U.S.QOYERNMENTPAINTIN(iOfFICE:1gd4.111i•613r200 ~,} ~Y ~`. ... 3::T:: ; ; . v,~.e ~. .. _ ~ ~ ~, ~, .f.,. ,.... .~. ~. ., ,. ., '.:- i ~j~ as ~ L~"`~ t ~ ~'~... ~`~ _ oji, ~. 'S' t:r- t4 •~ ~ ~~.,~,s ~: D[PARTMENTORTRANlrORTATlON ~ a4•;„i .9~?x rgor.~.sc.+.~ .y _3 rr f~~~ ~ ~ F UNITED STATES COAST GUARD -~ .,~ ~ " "`~`d„'= ~,~--tL#'~~ ~' ~- • -~M I~ ~ ~e' _r ~ -`~ "3 ~ ~ =s- .~ ~r 4~ w"a+: t„4~'~,,x~`1.y~k'`A .'~a~` ~,E-~ '~.t'~.`d.>. r` : ~1 ,., it.v„r ++ -_~S~''-- ~Y' s'~">.-:- ..~^ u.~ =~ ~°~S'~SSY~- ~ 'F' w,~• sre- '.. r'~~ t. ~ ~- ~ ~~::~ _ ~ jQCertif cc~tte Df~ ~~~-. ec~tott~~' ~j~Y ~~ ` ~ ~ ~ ~ .-= ROUTE- E,RMITTE©3`A~iD: CQI~IDITIOi4S •OF OPERATIO~l, _-COi~tTIi~OED '~= The . min~im~~m • n~mberbf= deckhari'ds . r~equir~~i3:. ~ - s ;:' ~ . - ~ TOTAL `PASSEi~-GERS DECKHA~IDS"~ ._ ~.~.. . y. - - -~ 150 .299_, 4 _ ,~~ ~~ ~ - ~., > _ ~ ~ , ~-. r~-~-+. ,,, Y ITC l'0~l~1AGE8 - -: z . ~~~ ~ . ' '` ° ~ f i r 1 r GROSS/ 7$7 - MET/ 236 ~ """~` ,~ r ,, ~` ~ - HULL ~EXAM~ - s .. . - . ; :y~~ -~Xf~M• TYPE NEXT.. EXAM- -FAST. EXAM- =__PR IOR .EXAM~~ .. - r DRYUOCK =: - -; 17SEF?94 .. -_ 1iSEP92 .. ,-~27SEP9O '. _ ... _ ~~ ~ - .~ ~:: _ -~ STABILITY --- .' ,~~, ,- LETTER 'APPROVAL DA'TEr _1"bSEP92 OFFICE%: GMSC ~. _. -.. _ _ ' --r -_ - - :-- ;; -; ..-^ ..I_~tSPECTIO~t STATUS -__-: ___ _ ---__ .. :r :. ~ ~~ - -Y. -~.. ~L~IFESAt,'I~lG~ ~~ ~`~ ~' LI~'F~BOAT/RAFT .- . ~ -SERVICED! WEIGHT ~ FALLS . . z ,' - , ~~: IUEi~l7T1=ICAl'IUfi~ ` REFURBISFIE~~t TEST iZEi~!EWED- -. -' - :-;:`GO.©DR:It:N: 25MMU8L t}7DEC~2 ':~: - - _ :. .. ~- _.: _ _.._.. _ : - ___ LIFESA.VI~lC. E(;-~l'PME~lT --- _ _ . - ... ~lUPiBER PERSOi~lS REG~UIRED .TOTAL EG~UIPMEi~?T .h OR 530 LIFE PRESERVERStADUL?')... 53d LIFEBOATSiTO'i'AL}_.,..... LIFE PRESERVERStCNTLD),.. 53 L.T.FEBOATS (PORT) ~..... R II~fG BUOYS t TOTAL) ....._... 3 LIFEBOATS(S•TAIZBD)~.... ~ ~,JITN LIGI-I•TSx... „-.... , .. 1 MOTOR LIFEBOA?'S`~.. tl .. I.jTTH LIT!E A?'TACHED`~.... 1 LIFEBOATS W/RADIOaE... O'TI•iER:~... , . , ... , ,. „ .. „ .. „ 2 kF_'SCLlF:. BOATS/PLATE-'ORMS. ]. IP~9i'4ER~:T.tla4 Sill?'S..... „ .., . . T~(FLA~TABL.E RAFTS.....,.. 1 2~i i'~11YTABLE f_.Ts=EBOAT RADIOS. i...if''E FL..OATS/Bl.lOYf-~il7 APP 12 2=1 C: EOUIPPEC~ 11 :;Ti-i EPIRB?..... i'~IG ~~JORKBO(-iTS t~OT RE(;UIRED) ~'•}E Il`ICLUDI.r? I~'# TOTALS) FIFE 1='IGI-iTli~lG EG~-.Jl:P'i°iEir!'i TOi'r=~,L. HOSF_' I_Ei~tG'TH/ 25t> i`~U`iBER C31° 1=.;'suf.: raXES! 1 -.tJl`~BER OF FIRE PUMPS,' 1 'FIRE Ek:TIi`IGUISI-IERS - hlAi~~C~ PORTAB(_E ~,~lD SEi-iI-P OR TABLE ;-1-I I j. $--I 12 B-I I B`-T I I FAX MESSAGE CITY OF CLEARWATER DEPARTMENT OF CENTRAL PERNIITTING P.O. BOX 4748 CLEARWATER, FL 34618-4748 OFFICE PHONE - (813) 462-6567 FAX PHONE - (813) 462-6476 TO: ESPEN TANDBERG FROM: SCOTT SHUFORD DATE: January 7, 1994 MESSAGE: WE HAVE BEEN IN CONTACT WITH THE OWNER/OPERATOR OF CLEARWATER BAY MARINEWAYS. HE HAS SOME PROBLEMS WITH REGARD TO YOUR SITE DESIGN THAT MAY JEOPARDIZE YOUR APPROVAL CONDITIONS OR ADD TO YOUR IMPACT FEE REQUIREMENTS . I RECOMMEND THAT YOU CONTACT JOE LOMBARDO AS SOON AS POSSIBLE CONCERNING THIS MATTER. IF YOU HAVE QUESTIONS, PLEASE CONTACT ME OR SANDY GLATTHORN. CC: KATHY RICE SANDY GLATTHORN NUlViBER OF PAGES (INCLUDING THIS PAGE): 1 Post-It'"" brand fax transmittal memo 7671 #of pages - T~~ ,~- From Co. Co. Dept. Phone # Fax#~~~~/ ~~~ Fax# Post-It'" brand fax transmittal memo 7671 #ofpages - r_ I y3 t / limit 1 .._ "ti.ulttuvNlliL Conditional U ~ ;r.?:iv,aaion - Alcoha6ir_ Beverage Sales (Please Print or Type, Black Ink Only) •PROPERTY OWNER(S) NAME & ADDRESS: BUSINESS OWNER: (Attach Proof Per Instructions) (Holder of State License) Clearwater Bay Marine Ways, Inc, 900 Osceola Avenue Clearwater, Florida 34615 Adventure Seaways ,Corp,` -, _ X924 ('entral AvPnI~P St. Petersburg, Florida-3371'1 TELEPHONE: _( 813) 443-3207 TELEPHONE:_1_gl3 ) 621_1600 REPRESENTATIVE NAME & ADDRESS: ESpen Morgdn Tandberg, 267 126th Avenue North Treasure Island, Florida 33706 Telephone: (813) 360-9103 ADDRESS OF PROPERTY (Subject of Request): 9OO North OSCe01d Avenue, Clearwater, Florida 34615 NAME OF ESTABLISHMENT TO BE LICENSED: Adventure $edWdyS Corp LEGAL DESCRIPTION OF PROPERTY (Subject of Request): See attached. ZONING DISTRICT: CR 24 and AL-C LAND USE PLAN CLASSIFICATION: CBD PRESENT USE OF PROPERTY: Marina PROPOSED USE OF PROPERTY: Mdrlna/Cruise POr SURROUNDING LAND USES: North_Si ngl P fami 1~~ rPe South Seminole 1 aunchi ng ramp East Funeral home/rPC west r,i Parwater Harbor ALCOHOLIC BEVERAGE LICENSE DESIGNATION: 4 COP-SPX ~ On Premise Consumption ^ Package Sales DO YOU PROPOSE TO PROVIDE ENTERTAINMENT ON LICENSED PREMISES? If yes, describe Live band shows, pre-recorded music. TYPE OF REQUEST (Check Applicable Box or Boxes): ^New License ^Address Change ^Business Ownership Change ^License Designation Change ^Expansion INDOOR OUTDOOR SEATS FLOOR AREA(sq.ft.) PARKING LAND AREA(sq.ft.) SEATING AREA(sq.ft.) Exiting: 470 or 600 Existing: N/A Existing: Existing: 5 5 Existing: Proposed: Proposed: Proposed: Proposed: 6,3 AC Proposed: HOURS OF OPERATION: Weekdays 11 :OO A.M. - 11 :45 P M Weekends ALLOWABLE CAPACITY (Determined by Fire Marshall: Indoor Outdoor SIGNATURE OF FIRE MARSHAL (CONTINUED ON NEXT PAGE) zrs~oaMaztosv in ~~~~ix~ ~Eav~s~r: ®3'hys re uest 9s a1~ amendment to a..pr~viously granted conditional use (9374) for this same purpose due to t.~12 addition of approximdfi2~y 0,8 acres_of ]and that is beina~ronsidered.for use as additional parkirr~ertd ~o enhance traffic control_._ 1~~j,~,p~,1~Sa1 expansion~',~...in dj~~,~~r,r~s~onse to_C7t:x,_co c r a~T,~,nd ~~desires to prnv~de ~m roved sfte access and traffic mouement patterns. SICNATII~{Ci OK C-tCPpR~'Y~pWNGR (~OoR RKPR~BCNTATIVF pR,RUSt-J~S3 OWNFRI Sworn to and ~cubsorlbed b®fore me this ...~-? dsy of (~~~..-~-~~...~-~.-~ A.D., 1S / 7 l by Howard LeVasseur ~.~~..~_.~M . wlzo is per,on~ai+y I<ncWn Yg c»e a+Ydle~ I~~o Arvducad ('fS"N c~ 6/ N~ as idGRti~CatlOn, S'Cla7~ 4~ fiLC9RI0A, Cq~_ihiTY Qi/ ~~ ,~ , . l~G-t,.~.2-~-~-- ~~~~'7~'°-= - Notary 1'ubiie, Ca~tamissipn No~~ ~,~,~ ~,,, "".,,,~ ~ . AFii.EME ADAINS _ ~ {;Name o~ tlieYer ~y /~/~~/~~y~y `M Y tYPed, print@d or stz~n~ped) ,~E Novambef27,1S96 .` lOIfOEL tlre! TAOf M~ 116UIUJ~CE, AC. "PROPERTY cg'VtrNER, BUSINESS OWNER, ANE~lQR REFRt:SI:tdTfITSVE iVSUS~` A°f f`El`db MEARICl3~. FOR A REE2UEST INVOLVING A TRANSFER pF $USINESS OWNERSHIP, TI-iF 8tiS1NESS QWt~ll±~t QFi Tt-~A'Y i~Vi(f~lEFt'S taULY AUTHORIZED REPRESENTATf1l>~ SNALl. ATT1sNt~ Th~E PU~LtC ~9±ARiPIG. ' fiOR OFFICIAL USE ONLY REC>±IVED VARIANCES R~ir~~f~1~^a._....,,.--~.~-«~. _ -~- CITY COMMISSION Separation Variance_- 1 end ~„~y' n,ila~ amendment fia this Separation Variance has been applied for). D.C.A.S Nbne r~„uired for 47..0 paSS~T1,~,E'~ S-il~ _ Nearing pending rPgard~ng 6Q0 passenger ship. 'I.1~lS 1S -N7'>=NbErD TO 6E A 2-SIDED IEGAL L~(')CUMENT. NdTAftY INFaR~~A710N C9N'fiAiN>:C~ ON 'HIS PAGI= MUST SE ON TFiE RirVERSE SINE Ufi A GOIVSPI.ETEt7 APPLICATION FOf~ ~iPf~LIG~,TION Td i;E ACCEPTA.ST..E, Exhibit "A" Description of Property Ownership for Clearwater Bay Marine: J.A. Gorra Sub., Block 2, lots 2 & 3 along with the westerly 120 ft of Lot 1, Sue Barco Sub., Lots 13, 14, 23 and 22 less triangle in S/E corner together with vacated Nicholson Street, filled submerged land, Submerged land, and riparian rights. Together with Lots 1, 2, 3, $, 9 & 10, Ft. Bush Subdivision and l,ot 1, Sue Barco's Subdivision. I ' O ~--~ 2 !o ' ~ 11 _'~' _ - -_ e 6 to 3 20,0 ~ °„ I _; -- ~_ h 008 ~ 5 ~, w f ~ -_ ~w _. __-__ . 3- 33 4 ~ 1 ~ ooy 9 ~~ - / ~ ,y~ ~ ~--CEDA V _ 13/01 ° ° ~ . / \ ~ ~ - _ _ '? +0 14/02 -.. ~ _ ! d, - 1 nM C 906 ;~ ~ R 2 2 906 909 8 1 ~~ - - ~ \ ~ , O w goy 7 2 ~ PROPOSED ~- Cy ~ 90~ /~j 906 ~ I 4 /011 4 COP SPX ~ ~ 3 802 ~$' 9os 6 ~ ` ~ ~ s. !z 3oo'R ,~ ~ 300 ~ R - ~ 9oa / 901 5 0 0 - m 9~ -- L ~' ! 0 4 ~~ ,\ti ~g J g"NICN ON---- \\\ A0 °° ~~ 23 Boo ~ also 0 00 '` 22 14 24 10` 'B,o 90 611 9 1 BOB `'THE "BOAT HOUSE" W O 1 APS - 21 15BO Boy 8,~ 2 ep6 20 ~ oy 7 3 ao !~ ~ aos BoP ~ g° °ti 19 1.17 6 4 ~ 42/01 ~ o BOP aos 5 N ec I \ .. g 18 8 aoo °., BOO O~ N , B ~ 601 ~ +0 7 ..° ° ~ o° 42/02 p ~'-"" SEMINOLE h ' 1 / X1/04 711 '`~ ~T~1..~' cos 2 42/03 ~ ` -SUH. NOTE: THIS DRAWING WAS PREPARED ~ DENOTES AREA OF ALCOHOLIC USING INFORMATION OBTAINED ~ BEVERAGE SALES AREA. FROM THE CITY OF CLEARWATER. s~ 4 COP SPX Prepared for. EMPRESS CRUISE LINES AT CLEARWATER EMPRESS CRUISE LINES BAY MARINE WAYS MR. ESPEN TANDBERG CONDITIONAL USE PERMIT SKETCH 3924 CENTRAL AVENUE CLEARWATER PINELLAS COUNTY FLORIDA ST. PETERSBURG, FL 33711 Phone: (813) 821-1600 Approved by: LLOVERAS, BAUR and STEVENS ENGINEERS-SURVEYORS C~~„~„~~ 29228 U.S. 19 N. Clearwater, Florida 34621 . "Sandy" Lloveras SCALE: 1 "=200' Phone: (813)-784-3965 Fla. Reg. Eng(neer No. 8508 DATE: 10/14/93 Fax: (813)-784-8153 Fla. Reg. Surveyor No. 1762 Job No.: 24413 Sheet 1 of 1 4 ~~ LAW OFI~ICI;S OF Bacon, $acori, Johnson, Goddard & N.~oody A Pnrluership of Professional Aseoclallons .. POST OFI'ICE BOX 13576 2959 FIRST AVENUE NORTH ST. PETERSBURG, FLORIDA 33733-3576 FACSIMILE 81.3-323-936 BACON & BACON, P. A. October 12, 1993 DALE A. JOIINSON, P. A. ADRIAN S. BACON, of counsel Direct Lme: 813-327-4RG6 DAVID A. BACON FRANK W. GODDARD, P. A. DANIEL L. MOODY, P..A. Dircct Ltrie: 81327-4866 Direct line: 813-327-3935 City of St. petersbutg State of Florida CEKTIFICATE OF 'ITI'I.E THE UNbERSIGNED, DAVID A. BACON, a licensed attorney at law, does hereby certify that as of the date of this certificate that ~'eesimllle title to the property described in Exhibit "A" as recorded in O.fi.. $ook ].01, Page 274, public $ecords of Pinellas County, Florida, attached hereto and made a part hereof by reference, less and except 1`,ot j., is ~i-esently vested in Clearwater Bay 1Vlarine Ways, Inc., a Florida corporatiotl, subject to a lease in favor of E~dveriture Seaways, tnc. ' , EXECUTED this ~`~~ay of October, 1993. ~ MOODY f ~ t ~' Exhibit +'A" bescriptioii of Property Ownership for Clearwater Bay ~iatine: J.fi. Gorra Sub.; Block 2, Lotots 133 14~n23 a d 22 lessstriangle intS/E Lot 1, Sue $atco Sub., L ~ filled submerged corner together with vacated Nicholson Street, land, 5~ibmerged land, and riparian rights. ~. ,; . ~. - ~. ~~ .. ... ..~ 1 . V" AV 1 • 1 ~`CtrY or trLPlliiWlt.'S~+JL AI-C'Ut-I;OLtCSiBVivtUGB SAI.>'S . MTrfII~StlM bISIYWCE V(AftJ.,ttdCr APPLd^.!~TIOt•I (Pleue Fr1At of Tyyo, Slark tak Daly) 'S'lLOPAR'x'X 0~1F-RS tiAT~ & A.1)X)Itk'SS: 'TtEflttlT.S~k17'A7°XVES ('rf r~qj t+I~.M~ ~'I3 /tJ[?AILB,~,C: (attach Baoof rr>• I:o;,ttuctitrna) . iwspen Morgan Tandberg Glearwatgr Say M~irlne ways, lnc~~ Adventure Settwtays Carp.,,.-.......,,,,... ~~~ 9C0 t)sceola Avenue 3?24 fientral Ilvenue ' Clednvater, Florida 34615 ~ St. PrtersDurg, ~1o+°ida 33711 e>«orr~ ~: st) 4k-~:,3~O,Z...T_ xorts ~: 913 321-~~on ~...~.- lZN~ OFI3I1sr.~,tXss: Majestic Empress ~ d.~..~...~y,,. AA.D7LESS OP XItOP7~ftTY {Subjetx o! Request): 9QQ Osceola AVfnut? fl~6A!_. Df~SC'RI]"T'ION OP PROF'E3t,'ZX (Subj¢ct of Itcqucit): J •~• G4rra $ub, , t31oC~ 2,- sots 2 $ 3 along kith the westerly 120 ft. of Lot 1, Sue 8art:4 $UI)„ Lots 13r 14,N23 and 2?. 1e55 e?>he_r th vacaate~..Njchsr.;.~.o.D.,..~~€Et.~~!:~.`r~!~I£.t,~ned land.- submerged land and riparian rights, tpgQther with Lots 1, 2, 3, 8, 9 & 10, Pt. Bush t n , ~ - - - ---- - zot•rtrla Dtst~tlcr:,~ CR ZQ _~ ~ .,_.___.~_._._..._...~..a..... _._..._.._. VAxtJ.A,t4CE REQt,1FS'T (D~er'be/I3e SperbGdAttasla Adttitioaef 8 ~ x i~t loch sl:eCt 1( aeed~: . Variance of 300 feot from miaimum distance ragwramaat to atloa'Ieoboii< bnv,ra~,e galas N!itbio _ 0 [coot"' ham (check oae or more): Church, School, _ .__ _ Noapital, ~,,,,_ Rsidcnunl ?age, Similarly I.i~geoed AleebeUe Bovorego Eetnottshreaar (C P L,cea}e). State Beverage License DesigoalioC: ~ GOP-SPX Iioldcr of State Uctsns¢: Adyentt_tre 5@A>,rdYS GQrD,•.~. ...~,~,._ A COtit)iTIOtQAL. USE APP[1CA'l•ION POR at.COF3,4LIC ri~tYilCrE S/IL~S POy? 7~-US PRO~~xX WaS ar>?~covl~v l9x ~lt& P.f~NNB~tC7 ~ zONtrly tlaatvo orr „,~12-2-93 ;nnx-~?). (A6 931 &~ OI~iLE3t VadLlAtdG~S (Cfi;1:t'7~ OtdF>): X AtL!~ NOT TtFCF'.SSn.I"tY. Oyt „~., ~!'~ aFpPOV~ $Y TI1l'ts A>3VElAFMFNF CODH AI)r'(JSTM):N'1' IIpARID ON ,_„~,,,,,,,, {nA:Jf~). I I~Ft,V~ P.pnD pftDl]~inNCE 44?13•S7 aNl7 S)/CTJON )37.4I2, GODr flF fl>z1:CNn1~CI~'S O+P ~~ Crd'7C br• t~ARWAT]:3L 3tF.aSON t'O~ Vi1,R%AN[;,~ iLEQt.1pST . [n ordor for the Crry Commirsiaa to mual-o 4Sc 6eteraiaatipa praaeribed by Ordioseee M24$7, the fetloaia~g 3tetements MilSl' be oompleled~ ..,. t. ;f'berr.,e,ra cpeeial eeedltloai or oirouroetaer:os appGcabte to the preparry iavelvad bccavxer,-'~~~ i i...~~taitnv residential uses wi'Ghin 3Q0 feet of the berth. - ~. Such vaiitwce is kecacsary for We pictva:lon sad eajoymttlt of s avbataa4ai property tight pG;sessed by other pr4D¢rry i0 the s>,mo di.trict uadcr rho ttrass of this ordiaedcG and den;¢d to the propcrry it ~ucsr;ae becatrao:,L,ry,(}~~g .__alcohelic heverayfs_ SS a11owrad only after Ship 1s underway,- and__no~;__a_lloa~-ed off of_the snap. 3. 'xbC grnoting of this vartianee wit not confer any apecinl privilege deeitd to ether landr., structures, or dwell`uo8a is l6e acme district gad witl not be ifijutiow to tb4 4cip~+bOrhood, or othenviax dt=triasentsl to the pVbtiC wrlfaro becauit_• This request is an amendment to a previously approve4-seporation varSoncQ_gr:anted (93jB) land that is beangg considered for u$e a5 addltional parting end to en ace t:rartic cGntrD1_ Thic bnfantial exnanSinn iS in direct reBnnSe te1 t:aty t:On~rCt. and deslre5 provide improved site access SIGNA'I'V'ILE PF rttOPFr7`Y ONt~? ("flR %~FILP,S~SI'n BtfOre me, lht uadrraigntd authority, peraoaztly app:,voA_f4oxard LeVdSSCUr..-.~•.-...~..-+vho btiag duly sworn, taya trader oat), the mAttcrs aed faeta act oul abovo.tve trvo and eonact tO thoto tho Det1 et t:is/I,or knowtcdEe kad bcUel, Ga Sworn to and aubacribed before me this ~a ~ dyy ot`~~~!~_ ;v~r~/~~i_A.F:., i9 ~.~~%% .~~~~~,, Notuy P,tbGc •PILORLATx OWt1i<R. OR RL•.FR>;SEN`fATt~ a MU AT'l'F-Nll IfF,/11t.[rtt;, . "AtL7:Ch POn'CY of altprnty pt oOlariyt;d ~latC>QLnt froth Owner authoririt,p, rerrCSCntl:it•: • not appGt<sbte iI rePrt;tentitivc u a precrrir+~ attorncp actit+g oa bchaU of tho ptojrrtr owot:r(s). "'Nifn¢h proof of actual d'ttt?rite (Soo lanJ Dcvclapmcnt Code Scc. 13:+!.J1•i(d)(~J lac ;r.~l!unl of n,:nsvtc:nKaf). $~A4 ~~ _ f. ,~ •~ . . ` • . tea,. 1tI.COHt7r..tC BEVPRACrE SA,J~S l~tNxt4XTJM T,~i,S'X'A.NCZ' ~a1RIANG~? ~4.F'1'I.It~hTIQN page 2 ~_ r- . J-l a~ T hereby af£izm that 1 sm. ~pplyiA$ far a vn,rlassco far property adc!,r~c~i us toll®ws:,,~, gQa ~, OScsp~a ~ AV~nu~ trim tha distance rcquixcment to be heaxd by the City Cnmmissio;n, 2utd huvc paid tl~a a}'~plira.tion fee According to the eurreat schadulG of ices, whsch wig be used to 4Lfsei the casts to the qty of ~1~-star for advcrtizs~g pubtic ~caxamg .aat~ccs and other expanses. This Rpplieation is boiog fiIod prior t0 a LtCdsiaD brig rcud:rcd by tlae l''l2nniu~ ».nd 7„oz~ing hoard an n Condidaasl Ust request for the ~tl ptoltGrty. Ay sigxxiag taxis farm S 2sn ~eknowladging, that, ah0uld t.Eaa Pluuuing and ~aaing hoard deny ilaC requrst for Conciitiocal Use, or should tba Pl;u~img aad ~orv.tlg l;oard grant the raque;t and thrs decision be appealed to the State Fieariag (?EGeGr the vat»o~ appiioaUob ;gill be zemoved ivtosax the City Comalissiou Agenda and the apptiC3tion fae will nu ba rr,fucded. ,4lsa, should the Pi :a.uln~ and .~ orx~~ ~os~sd costtisait~ a dcasioa on the Conditional Use requrst neerssiiating adda±ional ncirerkiSiag, !will boar the 3dditioa~a~t advertising ea,~ts. Ftu'thtrmprc, should the dcciSioa pf Ghe Placaning aad ~~ng fiasrd be al;pealed td the atato Hr~,ug 0~3cJr, 1 understand the voriaacc appiieatioa will be ara hold penciivg the f~ra~,-;ag C?GGe~r's de~;iea azsd, dep~ar3iag on that daefsio~ Y will eitbcr be Diable for adcliWooai advcrtisiu~ costs or ~vlll forfcit•my app,iiaatlan ice. Sworm to and subscs'ibed before ac ibis~daq of V ~ ~.D., 19~~", ~' ~ Notary PuSlic • ~ • O • • • • • • ~' • • • • • • A • • ~ • • • • ~" .~ Y f"111~4G u ~J J ~l~ 1. A 1, t/ 1 y.7 ~DIIc9tion sad Stabmiscioa Re~,I~cme.SllS~ 1. The applicadoa tnwt be fully coxnplcted, signed by the prnperey ts~voez (or a rcprescntadve of the owner}, and aotarizcd. Any appGc~tion sigc`d by a repceseritavvc of clxe a~cxcr ~~1st be supplr.meatcd by a power pf a!torney Or notarized Statement &oca CEac o~vaer authari~ng rcF~'cscatati~:t. Proof of pt°p~erty o~vaarship must be attached for an applacatiou to be cousldercd complete, Aclequa!e prQdf shall eam.5ut of ome of the following: a. A copy o[ the dccd_ h. A coav of title iastuznec. TGTAL F'. ua _ _ ~ _.. ,~ ~ ~~ / !~ I s /o~ i .~ tV ~~ ti 1 ~ --: ~ 2 fo r '_ `_ __ ~_ ` ~~ lOlp 1 1f-- MIG ~ q 6 ~0 3 S 2 ofo ~ 0f1,1 I °' ~ 2 10 v, 008 r. -____. _ __ ~ ~ ~ q 5 ~ q - I . ~'w 3- 33 ~ 4 1 007 s ~~~.. ~e ___ __ __ - - Vti_ 13/01 ° ° '? ~' so 14/02 ~ . ~ - _ 1 rt M t3 sos 0 2 2 sos so9 8 11 \ ~ ~ j soy 7 12 PROPOSED ---- Cy~~j so+ (~ 906 ' 4 COP SPX ~ 3 80z ~ eos 6 ~ ~ , L S. 12 8( R ,300 ~ J• _ ~ goo L sot 5 ' ~ ~ 0 4 ~~ti 2g g -NICK ON --- ~~~ o ~~ 23 s~o P efs~ 22 14 24 10~ o os~o so en g 1 sps -THE "BOAT HOUSE" w ~ 1 APS ~ 21 15so so9 8,p~ 2 eos 20 ~ ~~ 7 Y 3 Bo• sos 802 o ti19 ~ 42/01 ~ g o ~ ~ eon soy 6 5 s N ec `\ ~ g 18 8 00 ,, O~ N ` 6 BOl °~ ep0 40 7 ~ ~ ~ ' b 42/02 l""' SEMINOLF ~11 ~~~ yos 2 " ~ 42/03 ~ , SUH. NOTE: _ THIS DRAWING WAS PREPARED ~ \ DENOTES AREA OF ALCOFIOLIC USING INFORMATION OBTAINED BEVERAGE SALES AREA. FROM THE CITY OF CLEARWATER. s'' 4 COP SPX Prepared tor: EMPRESS CRUISE LINES AT CLEARWATER EMPRESS CRUISE LINES BAY MARINE WAYS MR. ESPEN TANDBERG CONDITIONAL USE PERMIT SKETCH 3924 CENTRAL AVENUE CLEARWATER PINELLAS COUNTY FLORIDA ST. PETERSBURG, FL 33711 Phone: (813) 821-1600 Approved by: ` LLOVERAS, BAUR and STEVENS ENGINEERS-SURVEYORS 29228 U.S. 19 N. Clearwater, Florida 34621 . "Sandy" Lloveras SCALE: i "=200' Phone: (813)-784-3965 Fla. Reg. Engineer No. 8508 DATE: 10/14/93 Fax: (813)-784-8153 Fla. Reg. Surveyor No. 1762 Job No.: 24413 Sheet 1 of 1 ~~ k~ 3 ~~ G ~~~ ~~1~ .1 ~ I~ ° ~~ +``~~ ,.~°`,~: C I T Y O F C L E A R 'w A T E R ~ ®~ ,~ POST OFFICE BOX 4745 ~~~'`' CLEARWATER, FLORIDA 34618-4748 DEPARTMENT OF CENTRAL PERMITTING TELEPHONE: (813) 462-6567 January 24, 1994 Mr. Espen Tanberg, Vice President Empress Cruis_e_Lnes~ ~ ~ 3924 Central ,Avenue= St. Petersburg;"Florida 33711 RE: Conditions of Approval Dear Mr. Tanberg: I have been•informed by residents adjacent to the Clearwater Bay Marine Ways Marina facility that the Crown Empress cruise ship was operating in the Intracoastal Waterway Friday night from 2:00 a.m. until 5:00 a.m. in what appeared to be prop dredging activity. The ship's activity unnecessarily awoke neighbors-from their sleep. I call your attention to the conditions of approval as stated by the Planning and Zoning Board and City Commission (attached) item number eight which states: 8) The cruise ship shall be berthed by 12:30 A.M. midnight on Friday and Saturday nights and by 11:30 P.M. on all other nights, except for 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. Please acknowledge the conditions of approval for the cruise ship operation and perform your cruise ship activities accordingly. If there is a problem, please contact me at 462-6567. I will be happy to assist you in th success of your operation. Sincerely, 'c tt u ord, AICP Central Permitting Director SS/LRH/lrh cc: Mr. Howard LeVasseur ~a "Equal Employment and Affirmative Action Employer" ,. ~ ` .,, REVISE RECOMMENDED CONDITIONS AB 93-16 Page 2 On November 16, ~ 993, the Planning and Zoning Board approved the associated request for a conditional use permit for alcollo~ic beverage sales and marina expansion subject to the following conditions: 1) The applicant shall obtain art occupational license within two months of this public hearing. 2) The applicant s_ hall obtain a variance to the parking regulations, or otherwise meet City parking requirements. 3) Approval shall be for consurrtption on premises on the ship only. 4) The applicant shall obtain art alcoholic beverage separation distance variance from the City Commission. 5) The applicant shall complete all proposed site work within 90 days of City Commission approval of the alcoholic beverage separation variance. 6) There shall be a six month trial period to determine if the site design and proposed parking lot management techniques are effective in handling traffic generated by the use. 7) Environmental Management will require stormwater retention, landscaping of the shell parking to be paved; landscaping of tale Osceola Avenue buffer; provision of a spill contingency plan; and copies of soundings and Arl'ny Corp of engineers correspondence regarding navigation access and maintenance dredging activities prior to the issuance of a certificate of occupancy. 8) The cruise ship shall be berthed by 12:30 A.M. midnight on Friday and Saturday nights and by 11:30 P.M. on al) 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. 9) After 9:00 P.M., in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the Memorial Causeway bridge. 10) The applicant shall erect a six foot tall brick or painted and stuccoed concrete block wall along the north side of the property adjacent to residentially zoned properties. 1 1) There shall be no outdoor entertainment in the landside facilitie~,~and all use of outdoor speakers shall be prohibited after 8:00 P.M. 12).. There shall be no outdoor boat or site cleaning operations between the hours of 8:00 P.M. and 7:00'A.M. 13) Site lighting shall be directed downwards and away from all adjoining properties. 14) There shall be no storage of boats in the paved parking spaces or travel aisles. Under the proposed changes to the alcoholic beverages regulations, a conditional use permit would ~e required for this use. i Sit„~ CITY OF CLEARWATER ,~~, ~ Interdepartment Correspondence T °' ~9hATER~~~~ TO: Tom Miller, Assistant Director/Public Wo s/Environmental FROM: Louis R. Hilton, Development Planner II SUBJECT: Empress Cruise Lines -Prop Dredging COPIES: Scott Shuford, Director of Central Permitting Bill Held, Harbormaster DATE: January 26, 1994 Our office has received two complaints early this week alleging prop dredging activities being performed by the Empress Cruise Line operation. The complaints refer to Saturday morning, January 22, 1994 from 2:00 a.m. to 5:00 a.m. We would like your recommendation(s) on this activity. The Harbormaster has informed our office that prop dredging is highly illegal and punishable. Please provide us with your recommendation from an environmental point of perspective. ;' . SEAI•~. ~ 1 t em aY _ ~'~i~ R Clearwater City Commission Meeting Date: T ~ c qw~,-= E~o~ Agenda Cover Memorandum ,. ~ITEP ~~ r'J~® SUBJECT: Alcoholic Bevl Espen Morgan rage Separation Variance; 900 Osceola Avenue; Clearwater Bay Marine, Inc. (Owner); Tandberg (Representative) (AB 93-16) RECOMMENDATION/MOTION: Approve a variance of 300 ft. to allow alcoholic beverage sales zero ft. from a residential zone for J.A. Gorra Sub., Block 2, Lots 2 & 3 along with the westerly 120 ft. of Lot 1; Sue Barco Sub., Lots 13, 14, 23, anal 22 less triangle in southeast corner together with vacated Nicholson Street, filled submerged land, submerged land and riparian rights since the applicant has met all Standards for Approval of Section 45.24 of the City Code. ^ end that the appropriate officials be authorized to execute same. BACKGROUND: The applicant is requesting a variance of 300 ft. to permit the sales of beer, wine and liquor (4 COP - SPX) to be located zero feet from a residential zone. The alcoholic beverage license is for consumption on premises on a cruise ship named the "Majestic Empress," proposed to be berthed at the former site of the Bay Marine Ways commercial marina facility. The variance worksheet table on page three summarizes the staff's findings concerning the approval standards for the variance. Staff finds that the request meets the standards of approval of Section 45..24 of the City Code. The cruise ship accommodates 600 passengers. The representative of the cruise ship has indicated the portion of the marina to be occupied by the cruise ship and the associated parking will be leased from Clearwater Bay Marina, Inc. (see attached affidavit). Recently the ownership of the property has changed; the new owner, Clearwater Bay Marina, iric. will have the responsibility of managing the entire marina facility including its parking areas. There were no negative comments received from the Police bepartment or other City departments concerning this request. Reviewed 6y: Originating Dept: Costs: =NIA Commission Action: Legal N/A CENTRAL PERMITTING Total ^ Approved Budget N/A S S ^ A d Purchasing N/A pprove u/conditions Risk Mgmt. N/A User Dept: Current fiscal Yr. i] Oenied CIS N/A ^ Continued to: ACM Funding Source: Other N/A ^ Capital Imp . Advertised: ^ Operating Attachment:: Date: ^ Other APPLICATION Paper: MAP ® Not Required Submitted 6y: AHeetad Parties ^ Notified Apptop~iation Code ' ^ None ® Not Required . City Manager CJ Printed on recycled paper ~DB,R 42-001 , Rev. 7/91 ., +.'i. STATE OF FLORIDA ~•n+ES~, Department of Business Regulation ~o~, Division of Alcoholic Beverages and Tobacco s << ~`~ - ~ '-`~Q~ APPLIC•ATION FOR ALCOHOLIC BEVERAGB LICENSE AND CIGARETTE PERMIT ~' CDU N'E t~ SECTION I BUSINESS TELEPHONE ~ 813$21-1600 TYPE OF' LICENSE/PERMIT DESIRED: Check Appropriate Boxes (~~ Alcoholic Beverage License ( ~„ ) Cigarette Permit TYPE OF APPLICATION: Check Appropriate Boxes ( ) New ( ) Change of Location ( ) Change of Business Name ( ) New - Temporary Temporary ( ) Change of Officers/Stockholders ( ) Transfer ( ) Change in Series ( ) Correction ( ) Transfer - Temporary ( ) Decrease in Series •( ) Other ( } Change of Location ( ) Increase in Series TYPE OF APPLICANT: Check Appropriate Box and List Cha rter Number, If Applicable ( ) Individual ( ) Partnership ( ~') Corporation ( ) Limited Partnership ( ) Charter Number 5 35846 1. Applicant's Full Name: Adventure SeawaYS Corp.. 2. Business Name:• Adventure Seaways Corp. (DBA Empress Cruise Lines) 3. Location Address: Officel~•3924 Central Ave.. St. Pete. FL 33711 Street City State Zip 4. Mailing~Address: Street City State Zip If application is for a NEW license/permit, questions 5-8 are not applicable. 5. Current Owner's Name: 6. " Current Business Name: Street City State Zip 7. Current Location Address: Street City State Zip 8 Current License/Permit Number: Current Series: 9. Series of Licenses/Permits Desired: ( SPX-4COP ) AND ( ) . 10. Complete the following if you are an applicant for a quota, special or club alcoholic beverage license. The license is issued pursuant to F.S.565.02(3)(a) , Florida Statutes or Special Acts, and as such we acknowledge the following minimum requirements must be met and maintained: LICENSEE MUST MAINTAIN AT ALL TIMES A PLESURE, EXCURSION, SIGHTSEEING OR CHARTER BOAT BOAT WITH_A COAST GUARD APPROVED CAPACITY OF AT..LEAST 125 PASSENGERS. MAY ONLY SELL ONE HOUR BEFORE DEPARTURE. (1) 11. Does your business include the preparation, service or sale of food? If yes, have you registered with the Division of Hotels and Restaurants as a Pur~tic Food Service Establishment? License/Control # SECTION II (A). List below the names, titles and interest for all officers, directors, stockholders, limited partners and general partners of the business for which-this license or permit is sought. (Attach extra sheets if necessary). TITLE/POSITION NAME STOCK $ President: Normann M. Tandberg 50~ Vice President: Rafael A. Ordonez 50~ Secretary: Rafael A. Ordonez Treasurer: Normann M. Tandberg (B). List below the names and type of interest (i.e. lender, joint account holder, co-signer.) for all persons or entities not listed in part (A) above, who have an interest, directly or indirectly, in this application or the business for which the license/permit is sought. This may include a spouse, corporations, or any form of entity which is connected with the business. NAME TYPE OF INTEREST (2) SECTION III 1: ' -~°ALES TAX: Owners Name: Business Name: A. Disclosure Authorization. Section A is to be Completed By Owner Only if Transfer_ of Alcoholic Beverage License. I hereby authorize the Department of Revenue to release to the aforementioned applicant and to the Division of Alcoholic Beverages and Tobacco the current status of my account Sworn to and Subscribed before me this day of ~ 19 Notary Public Owner or Authorized Corporate Officer Must be Notarized My Commission Expires: B. Disclosure. Section B is to be Completed by Department of Revenue. 1. This is to verify that the current owner as named in this application has filed all returns and that all outstanding billings and returns have been paid through the period ending or.the liability has been acknowledged and agreed to be paid by the applicant.. This verification does not constitute a certificate as contained in Section 212.10(1), F.S. (Not applicable if no transfer involved). 2. Furthermore, the named applicant for an Alcoholic Beverage License has complied with Florida Statutes concerning registration for Sales and Use Tax, and has paid any applicable taxes due. {Signed) (Title ) (Date) J'1'AP1Y (3) Business Name: ..:. . Location Address: SECTION IV (NOTE:. THE DIVISION DOES NOT REQUIRE THAT ITEMS 1-3 BE COMPLETED IN ORDER) 1. ZONING: If this application is for the issuance of an alcoholic beverage license where zoning approval is required, the zoning authority must complete "A" and "B". If this application is for the issuance of an alcoholic beverage license where zoning approval is not required, the applicant must complete section "B'. To be completed by the Local Zoning Authorities. A. The location ( x~ Does Comply ( ) Does Not Comply with zoning requirements for the sale of alcoholic beverages pursuant to this application for a Series 4COP alcoholic beverage license. Signed: 2. Title: Date: B. Is location within the limits of an Incorporated City or Town? (x ) YES ( ) NO If "YES", Name of City or Town Clearwater Bay Marine Ways, Inc. HEALTH: Clearwater 900 North Osceola Avenue Clearwater, Florida 34615 A. To be completed by the Division of Hotels and Restaurants, the County Health Authority or Department of Health and Rehabilitative Services. The above establishment ( x) Does Comply ( ) Does Not Comply with the requirements of the Florida Sanitary Code. Vessel subject to U.S. Coast Guard and U.S. Public Health Service standards and does so comply. Date: Signed: Title: 3. RIGHT OF OCCUPANCY N.A. (YES) (NO) A. Does applicant have a legal right of occupancy to the premises?..... x' B. Does applicant own the property? .................................... x C. Does applicant. rent, lease or sublease the property? ................ x Name of Landlord: Clearwater Bay Marine Ways Inc - Address of Landlord: 900 North Osceola Avenue Clearwater F1~r;i~a ~L(,15 Terms of Rental Agreement: 10 years Agency: (4) (YES) (NO) D ~LIs the proposed premises MOVABLE or ABLE TO BE MOVED? ............... E. Is the proposed premises located in a shopping center, mall or office building? ..................................:............:.... F. Is there any access through the premises to any area over which you do not have dominion and control? ............................... G. Is the premises occupied by anyone not listed on this application?.. SECTION V FEDERAL EMPLOYER'S IDENTIFICATION NUMBER A. Fedeial Employer's Identification Number: 59-3055082 B. Not Required ( ) C. Not Available ( ) I will submit to your agency as soon as possible. SECTION VI These questions must be answered about this business for every person or entity listed. Copies of agreements and documentation to support the financial arrangements must be submitted with this application. YES NO 1: Zs there a management contract or service agreement in connection with this business? .......................................................( ) ( ) 2. Are there any agreements which require a payment of a percentage of gross or net receipts from the business operation? ........................( ) ( ) 3. Does anyone hold a mortgage or security agreement for this business?......( ) ( ) 4. Have you or anyone listed on this application borrowed money from or accepted money, equipment, fixtures, or anything of value from an owner or representative of a distiller, rectifier, blender, bottler, manu- facturer, brewer, distributor, exporter, importer or retailer or secured a loan from any source connected with the alcoholic beverage industry?.......: .........................................................( ) ( ) 5. If purchasing the business, what is the purchase price? ..............$ 6. List the total investment :...........................................1,000,000.00+ A. Total CASH invested ...............................................$ B. Total LOANS invested ..............................................~ (5) 7. List below the names of all persons, firms or corporations that have or will advance' any money for the operation of this business or that will hold any mortgage or av a security agreement against this business or have the right or ability to receive money from the business. NAME - TYPE OF LOAN AMOUNT OF LOAN None, other than loans by shareholders to the corporation - Section VII Each corporate applicant must complete this section Has the applicant corporation been convicted of a felony in this state, any other state, or by the United States in the last, past 15 years? YES NO X If the answer is "YES", please list all of the particulars including the date of conviction, the crime for which the corporation was convicted, and the City, County, State, and Court where the conviction took place. N.A. (6) AFFIDAVIT OF APPLICANTS ~' . -~ "I, the undersigned individual, or if a corporation for itself, it's officers and directors, hereby swear or affirm that I am duly authorized to make the above and foregoing application and, as such I hereby swear or affirm that the attached sketch or blueprint is substantially a true and correct representation of the premises to be licensed and agree that the place of business, if licensed, may be inspected and searched during business hours or at any time business is being conducted on the premises without a search warrant by Officers of the Division of Alcoholic Beverages and Tobacco, the Sheriff, his Deputies, and Police Officers for purposes of determining compliance with the beverage and cigarette laws. I swear under oath or affirmation under penalty of perjury as provided for in Florida Statutes 559.791, 562.45, and 837.06, that the foregoing information is true to the best of my knowledge and that no other person or entity except as indicated herein has an ., interest in the alcoholic beverage license and/or cigarette permit and that all of the above listed persons or entities meet the qualifications necessary to hold an interest in the alcoholic beverage license and/or cigarette permit." STATE OF FLORIDA County of Pinellas Sworn to and subscribed before me this day of , 19 Adventures Seaways Corp. (Applicant) (Applicant) Notary Public My Commission Expires: AFFIDAVIT OF SELLERS "I, the undersigned, hereby swear or affirm that I am duly authorized to make this affidavit and do hereby consent, on my behalf or on behalf of the seller, to the above transfer, and represent to the Division of Alcoholic Beverages and Tobacco that the license which is being transferred is as shown in the application and that a bona fide sale in good faith has been made to the within applicant of the business for which the foregoing transfer of license is sought." STATE OF FLORIDA County of Sworn to and subscribed before me this day of 19 Notary Public For Division Use Only - (Seller or Authorized Officer) (Seller or Authorized Officer) My Commission Expires: do not write below this line CENTRAL OFFICE USE ONLY CODE: City_ FEIN NUMBER TYPE: LICENSE # ENTRY DATE: MICROFILM DATE: Signature: County TOTAL: FEE: AUDIT # BY: iIT CTDT(`T !IFFY( F nATF STAMP Audited: Unaudited: (8) • 1 SKE~CH`OF LICENSED PREMISES ~ ~. Sketches should be drawn in ink and include all walls, doors, eounters,.sales areas; 'lr~" storage areas; restrooms, bar locations and a.ny other specific 'a'reas which are~part of the premises Sought to be licensed. A'm,ulti-story building where the entire building is to be lioerised must show. each flooi. See attached deck plans. TOP DECK f, Z f ,t 45 L~F HeeLe a ~ ~ - ~~ ~~ °'® ~-Q ~ ~ ~ i BRIDGE ~6 ®~ LiFa Noels ~ , 1 ~ d o j ~~...,.,.` ~~~~~~ X4444 444~4~ SUNSET LOUNGE MONARCH SHOIA'Rr~OM RoFt zs ~.~m- (Covered) - 150 Seats CASIPIO DECK IEnclosedj • i00 Ssats 45 l.iFe Msle Fo-e SLeLion WAKE RETREAT (Covered ~,,, Exterior] U ~~~ STERN MONTE CARLO LOUNGE 45 Seats MATH DECK CROWN CASINO 7 Blackjack 2 Caribbean Stud Poker t Roulette, 1 Dice GALLEY . ~ Fi.e Exl. -~~--~. F1~~ SLeGm CARIBBEAN ESCAPADE (Bow Exterior) 50 Capacity Life N.eLe -, - ~~~ ~e ~o ~ a ~. s ~~__ MA,lESTIC DININf ridOM i?5 Boats ~~v D p p ~ i : d TO RESTROOMS ~ ~ ! ~ '~~'~~ ~ CASINO ~ CASNIER UIOEO POKER ALLEY CASINO SLOTS ;i•' ~' PRESS January 5, 1995 if r. Scott Shuford Director of Central Permitting Post Office Box 4748 Clearwater, FL 34618-4748 Dear Mr. Shuford: Per the attached copy, I wanted you to know that we are continuing our efforts to secure the FDEP permit. We are not dragging our feet, we are pursuing this matter with the utmost diligence. Sincerely, Howard J. LeVasseu~ President Enclosure cc : ; Lou H i 1 tones Mayor Rita Garvey Commissioner Sue Berfield Commissioner Arthur Deegan Commissioner Fred Thomas Commissioner Richard Fitzgerald &+/ ~~~ ~- 1 AID 0 91095 C~i~TRA CLEAR ATER~ CITY ~F r ~" Clearwater Bay Marina Inc. 900 North Osceola Ave. Clearwater, Florida 34615 Ph. 813-443-3207 Fx.813-443-3349 ~ ~~ ~ ~~ ~~ ~ ~r~~~ ~, ''~` ~. ~~ ~~ ~~ ,v . ~ ~ JAN-03-1995 13 35 FROM '~ l'JSUIYI 1'UY1LL!Ib~41t11I~, GI~-~~y-~;jl;j-~ TO CLW BAY MARINE P. 01 (fUi;) U i. U~i~ ~~ i 3:1 G/S'i', ? 3. 12/NU, 3~dU~1 r~y~ ~ ; ~/4 ~4WLTf~, ~fd11'~, (~ILI-~Iv, ~dGGS, ~/ILLARCA,L /kND ~hNKCR, p. ~. I-T7~RfVGYS AT I.AYI ' 'PAMPA - ST. PC7f RAfiUR~ ~• CLGARWATl:Ii FT, r'~IYCiig ~ TAf.I.A(tA66EE CApLG - R4W1~ffTfi GOr 6tiG7 KCrerrcnY nLVq, rrr4G40PIF.r~ TE{„Ex se77a rorr oFftCF. BaX raaQ tQIGI RRn~d91~ TnMPn, Fr_Orito~ a,7agr tar~r ¢er3-7~irr VI/s,~ TELL~C~J~"~ AJ~I~ 1J. ~, M.1~II, January 3, J 99S Ms. Iy 3crrenaom Depari~nt o1: F:nvlrrmmanxal, Prot,~;iion, 38p4 Coconut ~aJm ~~p~, r~. ~~~r.~ ~: I~tx~pzr=S~ Cxtti~e Lia~~ ~1.' CJ~eazws~ter. $ay Marir~ l;~ ~Q, l.Vl~a225~7973 Dear. Mr, ~orenBOn: P%er~se be advxsCd, Yh~t aux aJi,~ bas ra.~ui that ynu dim t3~,e file !.or tha alxlx~ve~refcrer~ced. praJect eompJete, sad eamglete ille permuting process based ~a t~.e October 13, 1994 rr>~ucst for addixianat zr~f.'atzuc~ion. reply. The t:ecC~ni.ca! az~d rcgrafaiory basis t:ar our request i3 presented. below; Ctearvs-ater Bey Mar9na. ("G731~"}, the applic©nt, disa~ce~ees with, the D~artau~t's nasxtan~. tJ~x the use 4~ the 7nar.'i13f.t by a cNise ship v~3sitates t]ie ir~stalla,tion of sivztnvsrafet trea~raEni f~ci.liti~ far the ~c-c~istz,~ (wort:) pt~rkyr~~ area. Srieci~rrral,l~r, the Dcpattmom: ~ advised u~ t.F~.t it is u~iti.zinlr fate ~qu~~,west Flazi~ia Wai:ex Mnnagem~xt Ais~rict's {" 3WFWIVm'a"} 4015-4 rotes Eor the rnar,~ag~enaent arrd atora~e ai' s~,r•f:g~ce watc~ as a basis for this requit~oaent r. urs~aaut ~, ~.~,~ 4on-4,07.10, P.A,.~;., ~c "a]iersl~an" at'a. swfa.cc waxer rnaaa~emeat systcat includes dray activity x~Ixing iz~ ~ ~ LXt3alt.~ii~5it br ahangc to ssux CxiSCing 6uZf8GC wafer, m~aagemcnt systems the will cause en incrcasc ax decxcese ib. design dsscliarge, yr incr~a5e pollufarti laadiug. In the past, the existing parking axe, in. qucsdAn las provided for the puking, requixer~ents vf; a myni,gd o!•' uses inciudiz~ ~4 boat a1ipA (t3sA.t Jasvo been remavc~, a safl toffi cmplayiag tp people, a. hcrat sales business, a. boat z~oanxrfactvrin~t vusia,e~ employing 2A pcaQie, ~,9~~z sgw~r,~e feet oP retail. space, parking iFor o££ site office space, boar. stoz~g¢, eud other czses. Marry at tbes~ lltssi»~s~s l~rvo con,cutr~tiil.y occupied 13xe property while otJ~~r;s have vpersted. of di~fezent tames tbrougbovt tI~ pastt 60 years. r ~ I i I i .;; f: JAhd-fit.,-199 1~~3b FF,'ul°I ~~ . ~i~r;~~il1Lb[1n,ItTti~f~ JIJ"/_/~ ~1•Jiv ti Mr.. F~at~y Sozensop. lenuazy 3, 199a k~age 7 I:lit.'~UI• Uv ~J 1~.1J~;~1. 1v, (_/;~~i, •~~v~~~,_, __._ Tllerofore, we disagree wit]. your, int:ctpretaXi,or~ t17af: CBN! is Proposing szi inte>zsifica~ors of use that: would result: is~ ~ "substr~a~.t~1." alteza~.on to eithex pollzrtant ]oadm.g or ~ a eavwii.~ r.~suJt tl~ mais~er ~d ~ej~a~iz th>~t t~?~L ]gas pzopo$ed for the w~e~: ~arl£ing in. drily a mis~itt7al. ittar.~se ~rz t}'re amount of impervious surfalcc in, tl~.at area- J'-s Q~r, crs pollt~nt ]oarlin.p;, giver!` the curzenx cand.i.tion ot! di.st.n.tc~ata.on. o!• the older. pavem~.t; its prior. use for Uoas: Foaaufactxuing, and tra3iler/boat atAZage b>~fare Uerng used for cNi.r~ l.irye par'kittg, ri is our opifli.on thee: pol],us~zt; 1~oadi.11L will. ire ~~ i.R tine wed: ars:a.. Tl~~ is Uc+~~ a' de-inlte~nsi~.casion of use will. result: Exam ti1a,e advent of tl~~ ~L~ etlie r~vave~citad reps~ir C]iminaxidn, of actavita.es tbat were prone to pollvxant gevlrrahan. ar~d~,crrorgc: apcrati,ans in. the west Parking azea. 2a summary, d~C proposed. wont; constitutes rautxne cus-tACiin1. u~nten,ance and repaiz. tl~e raufine maint;enancc of a stu~face waster. ~11rSI]EIIt tC1 ~~ 4~~^~•~}51t,1'2~° 1'.1~.C., l.ot w~ in. man~em~ent system is cx~empt t"xozn. pcrmittsr~g req~yirament~. Isvcal,lc ~~~ ~' Tl~icnt~asit3 far the exi,slence prior to October 1, 19$4, tl~ et:fectiva data ai: the app ~ besot; submitted tlt:e 17epartmlent's aaathority over. the work proposed for. this azra is that: ~ aPp ~ arlflng rnaint~naace pazkiug plea fox the west area, along with the plans to construct newv p fiacxlities includtug gttOT.Tnwattcr ntAn~Cmani frsstures >3~zaoss C d to ~^ozn ~s~fY ~ Curren. and Rreri). In. fsact:, cor~trudi.on. o~ the east area Iles Terri. pr p hiscari,c vae or tIZC west, areal. 1?lcase nom t1~at the east (n.ew} pc~zkiag area. has Veen. designed SA inoltid~e pravi,sizirzs to in.eet s~lJ. curteai: storxuwa~r. mmleai pernu•1. requirem~~s, arrd that you have ddvi.~d va tl~.t ~1e the permit appliCalion 8.3 con$truati.on, nl.ans f.~or. ihia area mees: these recluircm.ent3. 'f3r>/tefore, ro Deed subrnit~d provides for stormwatez graality tre~axna,et~t fez 1t n ctreaa o£ parlang P P u>7Q~r the unit3.ed. parking plan. 'Y.'ou. ly0.vc adviAed our. Clients of your opinioa t]1et the cruise Ship colzatitut~s a chaaP,e in use ot? the cxis~~ pal area, and you Dave recaznmandad, porai~s cnztcrcte for a large area of the existing parking I,ot: area. The proposal, you I ~ of a~ixona3g gr undw~ r~f~Jnw u der ~~a possfb]e iupaf~t.ve water, quality ata.d. ~r,,,ctx~ral. efi"eC seawall. Given, t11~: CBM'a proposed existfrrg xurroiznslin~r pgvcnscrt aryd T,ehind t1~a existing d-oi:stse]>: exezt~pt frarr,. permit rcquiresr~cr-ss, and that a,et7.vity in. the gre8. of the weR1,14t~ is in-an tb.e ''east''1 area, whi.l,e rCguirirtg a. Pccmit: reprea¢ni's a de-in.~usifi~atiQn, af. use fnr the wetri: Iot; i be n. t1~,e procCasing of t~131~ s permit app]irxuon, as we zequcst' that: you immediate y ~• amerced. Uy ovr aupplem.cntal responses. FOwt_F_R, v1hSt7'~'. G(Lt.~N. t34~~5, VtLLARF_/tii. AND FJANK~~• P /~. - - - - __ _- .__ __ __ ._ -. _ . . ..~. • . it __ - F ~~. i SAN-D3-1555 13 36 FROM rnv~r.~,~~i~rLLn>~nr,i i>; O1~?"(_(_~'+331u'"~} •-• ,. MT.. 8arly 3o~teziso~. ~arusary 3, 1.995 Pa$e ~ llur.lui, U3 y~ I~, 17/ui, I~~; iLl:vU, ~JDUJ'Ci~~i 1' 4/~~ Please su~P1y us w~[~i any and, all ~roacg9iarc~ infdrmarion relayed to this pernut reque~ as i!: bccam,e~ ava~zlahl;~. Tf +~vc + an~r arxy fuxtl~,er. quest7ons, or be of fiut9~,er, asui.afan,ce, ~l.eaae da AAt laesix.~i;er YA con.Lat~C our office. ~~ C6i Ours, r ~ ~ ~,~„r--- k~h:¢a, i~. Law ftFl.:flA:43fi.n cc: Mr. toward J. LeVessenr Tvir. 'I'kiarb,e9 G. Radcliffe, P,E. FOWLER, VNH(TF_. ~11_L~N, ~4~~~. YIf.I.AR~AI_ Artp RANI<ER, P. A, r ,, 2 1 ' ` ,~ e ~ ~v ~ / ~ ,~ / ~ ~p ~ © , ,~L t/ / _` w January 5, 1995 Mr. Scott Shuford Director of Central Permitting Post Office Box 4748 Clearwater, FL 34618-4748 Dear Mr. Shuford: Per the attached copy, I wanted you to know that we are continuing our efforts to secure the FDEP permit. We are not dragging our feet, we are pursuing this matter with the utmost diligence. Sincerely, ~ . ~.~,~ Howard J. LeVasseu~ President Enclosure cc: Lou Hilton Mayor Rita Garvey Commissioner Sue Berfield Commissioner Arthur Deegan Commissioner Fred Thomas Commissioner Richard Fitzgerald .,. • ''~``, Clearwater Bay Marina Inc. 900 North Osceola Ave. Clearwater, Florida 34G15 Ph. 813-443-3207 Fx. 813-443-3349 ~' ••~. .°``.' H ~.~.. v ~ '`*ti\t~4 `~~;~ ~~ 'fir ,.: ~" ~`-r ~. . ~ ; ' '.JAN-03-1995 13 ~ 35 FROM TO GLW BAY MARINE P~. 81 1'11UlYl 1'U91LL!ti~Yf~`111.1; G I ~"';ri!y'L~~ I ~~-~ ~ I~I)~) ~ I, ~~ JJ I J:~ G/~5~i~, 13; ~ ~~~~ ~~bU~~ (~Jy~ ~' ,' ~/4 FQ~AlLS;(~, 1/Uf«ri~E, G1L~IrN, BOGGS, VrLLARCAL /kNf~ ~/kr~KC}p, n ~. a774RnGYS AT I.A'K TAM-~a - sT. PeTrR,r3uRa ~^ CI.GARwAT~n ' FT'. h1YE~7s 7A(.LAr~a56EE CApLG - F~wHrTC col ~tiGT KErYrrear nwq, 7ri~ccvwrr~ , TEL.EK se~9Ci ror:r aFF1C6 6oX ~A20 t(31A1 RRti•dil~ Y 7nMPn, F~OaroA ~aagl ~o ~arar ee~-7h~r ' ;} ~.. VT1~,. TELL~C>*J~'3~' AI~I~ ~1', ~, Iv1.t~II, l~ry 3, I995 Ms. Iy ~vrenaam DeparGraeni: o>~' F:nviranmcnxaJ, 7?1,'4f~ril,an, 38U4 Caco».ut ~s1~ ,.` Tarnp~ ~X. ~3G1~ ;; ~: F~~,QxcS;~ Cx'tti.3e Lizyc ~r, Cleaxvyatec }3ay Marir.~ x~ 7wT4, N~~22~~7973 a. Dear. Mr, ~orenaon: Pier3se be advised ~sx avr cii,e~ leas re~ud the you deem ti~.e file far the alx~v~refere>ac~cd. proJcct eaznpJ.et:e, and eacnplete the nernnzttirag process bayed up~oa the October ~3, Ig94 r~yuast for. sdditiouai inf.'arwation. reply. The tecC~nfca] az~A rc~ulatory bads tar our request is pxesen~d bcl,aw: Cleanvaier $gy Marina ("C$M"}, the appliaan~ dfsa~ees with the DepartmcAt's nasixira;rx t7~t: the 'lase Q~ 1T7~ 7nn,arlri~J. by a Cxuisee ship ;17~3sitates tCLe i»stallauoa of sLonns~vater treatmEnY f~i.lit7>~ xaz 4ba Zsra-c~ia~tiv,g (~st~ par~in~ ~nzr.~. S~eci~rc:r~J,ly, the I1cpaz~ment ~ advised. u3 ~x it is u~I3zir_~r tl~ SAU:~,v4rest; Fla:i,da. Wat~x Mn>~~;g~t I7is~ei's ("~V4'FWI~.~7's"} 4017-4 zvJ.es Eor the rnaraagemenf and lgtora~e a~' s~~r.!'gee vwaters as a basis r*at Ibis requirement. Pur.~aant 'to kola 4477-4,47.147), P..~..~;.,1Jz~e "altergt~,o~r' a~~. swfa.ac wsaxer maaa~em~eat sysicm it~clud:es alny activity xelmi~%ng in s~b.7al exa~.~iau or e}tangc to r~ c~dsting surface waicr, na~nagemcnr systetzt ~~1 will cause en increase air decrease in. design di8cl~ar~e, flr increase pallufarti 1,aeding. Ia 11ae past, ibe existinC, pa~in~ ar.~, io. qucstiatl fzas provided for the perkier requ~ezue~ af, a, myriad of uses includisig 34 bast alipa (tisat: taavc bce>z removccly, a sail loft cm111oyiz>~ Xp people, a hoot gales business, e. boat rlaannfaat~irtng bvsin~a employing , 2A ~ap~c, ~,9~~ squl~re T,aefi oP retail. ,space, parking ;Foz a££ site office space, boar storage, arid. other uses, IV1nny qf: the 1~tssira,esses l~vc con,currentl.y occupied ttxe property wiule vtl~;~g ~~ Dave operA#ed. si diffezen,r, times tbrotx,~hovt tip pasrt 60 years, '::. ~~ ,., a 1 S .JAM-~~.~-1'~'~S 1~~3b FF,'UI°1 ' S r, i UR LbI1N.ll rli : f~ r I ~"(_/.:~ JJ i VYv ,`lll. „t . Mr,. F~by Sot-etlson. 7aavazy ~, 1995 gage 7 ~I~C,I~1, ~vviJ ~~, IJ~I~a. lv•.(_/,,~i, .,wvv~,_, ~_ 1 '11~etefore, we disagree wills. yotu interprel~i,ory 111A~: CBM L8 proPostrtg art intenaiftca~:iorx of use that. wooed result: in ~ "svbsumisal" alt~xstion to eithsx pollutant laadi».g or tuun~o~ v~~~ ~SuJi the maist~:cr3r~ arsd xe~nir tbact t~1y1 1~RS pzopoeed for the west parl£ing in. Drily a mi»irnAl ittr~rease in ~e amount of fmpcrvioua surface in, t1?.at area. J~-s f»r, ~s pollutant Tootling, given the currezLt: eond,i,t:ion oi• di,si.ri.te$rata.an. of the older. pavemt~.t; its prrsr. use for Uoat: Fuanufa;ctszring, and trailer/boat atozage b>~fore iseing used for cruise Line parlrr~.g, it i, our opifli.aa t'.sat' pallut~z± l,aadi»L will. ire r~..c .,gam i.u ttze vva~st: area,. 7'ltf.s i~ 17a~ tl~ de-ia'i;ensi~.eaxion of use will. tesvlt from the advent of tl~ east: parsing arcs, elimi»~ion, of, a,ctaviti.es that wvere prone to poe1~?~tan~ g ~m Yn Aso proposed. hworl~cconstitu es ar7.d ,,tarag~: pprKrati,ans im t:he west Parlan,g 3r rautxne custatiial mainfenance and repair. tl~e routine mai~nt;enanCC of a 3urfece wager. Ptusuani: w Mule ao~-4.a~>,~l.z)e ~'.~..c., t~p~nngem,enl syslern is cxempf fxazn. pennittisrg rrggiYirctnenis• Iiucablc ~rulcs ~ Tl~icnbasia fot~tfse exist:eaae prior to October I., 1984, also efiectivo daf:e of tlse app hcant sui~mitt;ed the 17epartmeat's authority over. the work proposed for. this area i3 that: ~ app ' ~y ar~ng maint~naa,ce pazkiug plan• ~'ox tl~e west area, along with the plans to construct p fi~ilit~ inclt>du~ secrmwat;cr ~r,~gem>rns: fcatures ncrnsas ~ d to mom ~S~lY ~ cc,tr~rent cind err'a.), l>Z, Ester, co~tructi.oa. o~ 1~,e east area. inns l~n. pr p his~+ric use er tla,e west, ar.~. 1'l~ease 'n,oke tUat the east' (newt ptuking area. Ises beezt designed to incll~e praviai,ons to ns.cct n11. current starxnwal:er. Tn.anageIDeoi petznit- regt~iremcnts, csnd that you 1a~ve advised ua tl~ tfie con$t7vcti.on~ plans for. Uzi$ area, meet: these re~Lircm.etst3, '1'lrctefoxe, the permit applicaladrL a.~ tre~atns.enr. foz r9l new I~r~. of p~~ Proposed ~bruiiicd Provides for $wrmwatez gpelity und>~r t]sc unified parlci.ag pion. 'Ycts. ljavc advised our. Clients of your opinion t11at th,e cruise 5~ii,g oorsauustsec; a ehanpe in u.3e ot? tI~e cxiatxag parlsi.ng area, and you leave Te~xnrnended, para~~s wn,crcic for a Urge area of rho existing parking l.ot area. The proposal, you l~.ve rua~ >;cii.ses acri~dw~r ~nw u>1d~r~sa possfble i~pative water. gval.i.ty a».d, sit~3Ctvrel. cfi'ecL3 of additional gz oscd existfr~g surroluas(in~ pr3.yeu~rtt atsd t7ehi~i tlse existing seawall. Criven, tb~: CI3M'a Tn'oF ' d-of itself exeztspt from, permit rraquiretsun~, and that; a.ctivzty in. the are8. of the weRi;lot: is to-tm ~i.e ''east" area, whil,c reclult7ng a, permit repress a d,e-int~nsifi,cazi,on, of. u~ far the went lot; i be 'n. t}y.e processing of 013M s permit appliratian. a9 we zegacst flsat: you immrdia~ Y in 3m©t~lcjd. by our aupplcmcntal responses. FOWi_F_R, WMII~~-• III-I-~~• ~4~~5, VILLARF/~1_ AND FJANK~'f4, p /~. '' JAN-d3-1995 13 36 FROh1 "' r ~iviv. 'r ~/~YLLII~~~Yfi L: Jr O l J°GL~'+5b I u"~~ .,~ ~ '~ Mr.. Early 3ozczison. Jarwa:.y 3, 1.995 Pgge ~ I iJ '-~- liur,l ui. U3 y~ 1~, I~/;.~l~j: i'L/wu, 3~0UJ'L~tS~L P 4/~~ Please sv~~1y us wiz any arid, aU ~xOCessia~ infnrmal~on related to this permit request as it: bcc.~m~cs avaiJabl~. T~ ~ ~ an~r ar,.y f~uth;er. questionB, or be o~ ~cu(J~~er, astria}Br~,ce, n1.~ do ~At h~si~,ai:e fA caritacC our office. ~' r.~r rnus, ~~ ~~~ :era. ~'.' Law !tFl.:fla:43f,.a cc: Mr. k~owerd J. LeVasseur Mr. '~kwuta9 G. T~a,dctifLe, P,E, FOW(_ER, WJN17'F_. GII_LirN, ~~7~arti, vlf^LARF-hl_ hND BANKER, P. A, i .~ .t / r .,~/. / ~~ ~~' ~' ~~ ~~O `~/ f ~ . C ~ 3 -'7 ~~ o~ ~ 9 December 20, 194 '~ Mr. Scott Shuford Director of Central Permitting Post Office Box 4748 Clearwater, FL 34618-4748 Dear Mr. Shuford: " ~ '~ Attached is the letter from Early Sorenson, FDEP, which I am sure is self explanatory. The permit is still being held up by Mr. Sorenson, as he still has questions regarding the parking lot. We are trying our best to expedite this matter, however, it does not seem to be any priority to Mr. Sorenson. We have requested that if he cannot make a decision, we would like to take this to an administrative hearing because we feel his position on this matter is absurd. Essentially, he is saying that he does not believe all of the parking spaces in the existing marina were not being utilized. Therefore, if we utilize the existing spaces, it is going to impact Clearwater Bay. This, of course, has nothing to do with the building of the new parking lot. It is a classic case of overreaching. Sincerely, ~~~~ Howard J. LeVasseur President Ph. 813-443-3207 Enclosure cc: Mayor Rita Garvey Commissioner Sue Berfield Commissioner Arthur Deegan Commissioner Fred Thomas Commissioner Richard Fitzgerald oEC 2 ~ i9~4 CENTRAL .~ Clearwater Bay Marina Inc. 900 North Osceola Ave. Clearwater, Florida 34615 Fx.813-443-3349 ~_~:~ . ~. `.~~~: ..5.~"`'~ t' .. 4e ~ ~ as v p a G7 [301;1 ,. - , DEC-15-1994 15 49 FROM TO CLW BAY MARINE P. 01 `""~, ~nglneors - purveyors Nnllonnl Boclnly of f rglnbnlonnl Enplnnntn Picrlde Enpinggrlnp Goolnly Flgrltln wnlgr PofluUen COMroi /168001811 On American 9oclgly Of Ciufl Fnplnnnrn Floridn Sgclnly - of Profoeelonel6end Gurvnyorn Tnmpa flay Boclnty of Profnnnlonnf I-nnd Burvoyors Amnrleon Cenprees of Gun•gylnp and Mapplnp December J 4, J.99a M.r. J?arly Sorenson Stale Lands & Environmental Resource Program Depa.rtntent of Fnviroiunerttai ltegulat:ion 3saa Coconut. rain, Tampa, FL 33G] 9 ItL': lxlnpress Cruise Line at Clearwater J3ay Marina J~,F.P. file No. MF52253797:i Dear 1'/a.rly: ~A.XIMAfI. ~~~~ ~~ ~1~ ~.../ As we discussed at. our meeting and subsequent: teiehhone conver'sai:ions, please be advised that we are having diiirculty with your comments contained in the November i 4, ].99a Completeness Summary. Specit:cally you are requesting that slo~mwat:er treatment Ue provided for tar6e areas of t:he exisHrrg parking facility. As discussed, I~Jtis request is based on your t*eeling that the use of this pa.rlcing area will Ue increased substantiapy above its historical use, and therefore, Waters of: the State maybe degraded, As we also discussed, this facility Itas been in operation since the ] 93U's, and over Cite years (prior to 1~ertnittittg requirements} this site ltas itad many dif!-erent: uses. Among those was a boat manufacturing facility, a ret:aiI shop, multiple boat maintenance functaonG, parking of tnlCks altd VCl1iCles, Uoat storage altd 1na11y OI:ltCr l,ses a,tcilla.ry t0 a 1nar111a Ol~(31'atton, Jn rite recent past, this facility was reaching the point of UanJsntptcy attd use of this parking area did in deed diminish. Jn art ati;etnpt: to qua~ttii'y the historical use of t]te parkisrg area of this propeiiy, we have looked at rturnerous aerial pltotograplts and ground level pltotobraplts of this facility in operation over the years. Unfortunately, tttucli.of the paved area has not been historically striped attd t:he parking patterns seem to vary consideraUly over the years. We Uelieve that t:he existing asphalt pa.rlcittg area Uetwren North Osceola. Avenue and the terminal'>;uildin6 (that; currently does not provide for storrnwa.Cer treatrttent} historically acconunodated approximately 1.24 vehicles, not including t:he area we show on our current: Matt to remain as trailer/boaf: storage. This :tuntber is based on our best estimate using aerial photopral~hs and those fevr stripes that do exist. Jn addition, in t:he area west. of the existin~t terminal building which is currently untreated, we feel another ]R vehicles have been historicaily accommodated. This Urirtgs our estrmat:e of t.ota] parkinbr discharging untreated st:orrnwater to approxirnat.ely ]42 exist.ittg spaces. Country V{Ila Pieta • 7.9228 U.S. tiwy. 19 N., Cloarwetor, Fla, 3~11i7_1 Pino;lf©s~ Phonr,: !9131 78b-3966 ~ nr3ecnr tahnnr3: 18131 8~l2J1335 Mr. Lady Sorenson l~ecettzber t 4, 1 X94 Pale 7 T1te plan, as proposed, shows a.tot~.l of 1.59 par~inQ spaces irz untreated paved areas. Therefore, we feel that. the 84 vehicles referred to in your Completeness Summa.~y should Ue reduced t:o approximately 1.7 velicles, l:nciosed is a sketch of fife area for which we would propose treatment, and the method of treat.tnerzt we will propose is also slzowrz thcrepn, Afier you.ltave reviewed t:lzis letter and sleet:clt, please let us Irnow if you concur so we iatow :.~ whether to revise the plan to provide for treatment as sltov,nt on this sfcet:clz. if: you have a.ny questions, or if )'. can i7e of firrt:Izer assistance, please do not: hesitate to contact nte. Very trviy rs, LLO 31ZA URA 7' LNS Thomas G. lZ,adclifi'e, .E. Enclosure cc: 1:~oward LeVasseur TGR;dnletnpress - - - - - - 1 - - - - - - - - - - - - - - ~~ v iVlul _. __ _ _ _ '~ "` J L;.ILJJI~1GJ I -J11 fr',+J ~" o• r ~; ff • . ' ~.~~. ` •, ~u~... _ -.SQL`. - ~-.. - ! +~~'J'J Y , / ~ ~ • ~ ~ ' ~ '~ Q I L. l x :. ~;. ~..! ,-„~'` •~'; ,' ..~;*-~• -~--` j,,;..; _ ~ ~ • . / ~„- - ! ~ ~C "_ _ .- EGA tjt L ~ rL y 'tr 7 ' i ~~ , ; l: rI• '.. , { / .f •A • ,R . ~ "/~ `Iyl, . ., .... s . ,-•r,y.~.r~~- .. 'y"_' .:'.tS:.GLSI'^ / ''+,~ r ,h,G~ i' .f~,'ua,•h'•~ r r1, 1 •~: ,/~ ~r~t!~'lY~.~..dd r- ~, •: -'~ ----~ 4hr.t' r !~r 1;T'i`• ~;~~`~ • ~ r~' ~ f``"^~.' i • ~ `Jt,L,{~f'ir ~~«t/ /" y+ ~ 9 - ~c- ~s / ,i ,..lo ti~ ~ ~ /' ~LY+ ~' / ~~d1~l~S~~lIL115" / //~ ~', ,~, '~' '1-~~J.fW :-•-_•T-f ',~-.-.:----r- ~'~' -JNI>IkJV~ M~I~t _ ~ a.l. -J O ,--- { .1 ( ' ~ . / .., ~ ~.+I ail .B l ' 1 lip CJ r ,~' ~ ~ '.l ~' t ~ '~ / ~ ~7 ~ cG ~ , ~ I % i 'r' ~ .~ .,.., j ~~ ~' r,~_ q ~ ~ ~ a,.. 1 .N!>1~V~~:.- tic ~ 1 ruU''~~ tI ~ ,, ,~ _. In,~~' lyz~ LI ff~ I ~,I!• I~ ~ ~ `~~ ~`~ ~ ~ ;,,cL. ---~i~ 'r ,' c, ~` 1 ~ ~y ~I~ air-- +~ •r ,IY.___ r~ - - :: ~ urJ „ ~~, 4 1, ~ * c ~ ~ I~ ~ ~• •; ----- J!J 1, I 1 ~ ~•J~J~/l:1CJ_1.S,l.bOf1 ~ '-'- -------`•-- a cnL~ '~~ f X11 ~ /~-1rJ/~st /vi 7'lvht ~. ~-~` J '-'~-J.r1~16 ~ ~ ~ ~~,~~~'i'<• ~rl~-~ j~ ~ lruiuv~,.>~ 7vl,7sv L1JkI:J-l~vlr•I.t --- ~~~tvly i --~-~-~- ~I~C-~`~' ors y 2~ 1-~- ..•x~~----~~ ,2~L ,~~, I YE; O N ~, rl 1L y - I ~. ~ 6 ~b 1,` °., ,~~ r r~~~l>~~Q~ ~~~~ ~I~ c 1 ., ~ ti C~ ~ d Ohl I ~~h~~.l ,'..HH f'1~~? !~ I _ , ,~ + 1 ., -~.: , (/ I . ~_ .. Y--t, ~ .' 1.~~.. ~ ~ ,1N r ,, .l~f ~ i^', ~'~ 1~EP;;. C I T Y O F C L E A R W A T E R POST OFFICE BOX 4748 CLEARWATER, FLORIDA 34 618-4748 DEPARTMENT OF CENTRAL PERMITTING Telephone (813) 462-6567 November 29, 1993 Timothy A. Johnson, Jr. Johnson, Blakely, Pope, Bokor, Ruppel & Burns P.O. Box 1368 91 1 Chestnut Street Clearwater, FL 34617-1368 RE: The Wall Affecting IVIs. IVlorgan's Property Dear Tim: I had met with Vicki Morgan to discuss this situation. Ms. Morgan has a valid concern which can be addressed simply by placing the landscaping interior to the wall. This is to advise you that this is the way we will approach this matter from an implementation of the conditional use permit conditions. Should you have questions or comments, please contact me. Sincerely, Scott Shuford, AICP Director of Central Permitting SS/db cc: Ms. Vicki Morgan ~a "Equal Employment and Affirmative Action Employer" .JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL ~ BURNS, P. A. ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III BARBARA A. BACCARI BRUCE W. BARNES JOHN T BLAKELY BRUCE H. BOKOR GUY M. BURNS MICHAEL T CRONIN ELIZABETH J. DANIELS LISA B. DODGE MARION HALE REBECCA A. HENSON SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A. JOHNSON, JR. SHARON E. KRICK JOHN R. LAW SON, JR. JAMES G. LEWIS MICHAEL G. LITTLE MARIA MAISTRELLIS MICHAEL C. MARKHAM DAVID J. OTTINGER F. WALLACE POPE, JR. DARRYL R. RICHARDS DENNIS G. RUPPEL* CHARLES A. SAMARKOS JOHN A. SCHAEFER BETHANN SCHARRER PHILIP M. SHASTEEN CHARLES M. TATELBAUM GLEE A. TRIPLETT JOAN M. VECCHIOLI ANTHONY P. ZINGE * OF COUNSEL PLEASE REPLV TO CLEAR WATER FILE NO. 34635.90280 November 19, 1993 Scott Shuford Director of Central Permitting City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 Re:_ -, .:cruise Ship at Clearwater;Bay Marineways Dear Scott: This letter is to confirm the conversations held by Mrs. Vicki Morgan with you and Mr. Tandberg regarding the location of the wall to be constructed by Mr. Tandberg adjacent to Mrs. Morgan's property. Mr. Tandberg agreed, and you concurred, that the wall would be built on top of the existing retaining wall adjacent to Mrs. Morgan's property. A wall constructed at any other location would not serve its intended purpose of shielding Mrs. Morgan's property from the noise and light that will be generated from Mr. Tandberg's operation. We appreciate your continuing interest in this matter. TAJ:mme cc: Mr. Espen Tandberg Ms. Vicki Morgan 25858/mme CLEARWATER OFFICE-- - .- - - 911CHESTNUT STREET ,. POST OFFICE BOX 1368 ~ ~ ~ - CLEARWATER, FLORIDA 3461 7-1 368 TELEPHONE (813) 461-1818 TELECOPIER (813) 441-8617 Very truly yo , imothy .Johnson, Jr. TAMPA OFFICE 100 NORTH TAMPA STREET SUITE 1800 POST OFFICE BOX 1100 TAMPA, FLORIDA 33601-1 1 00 TELEPHONE (813) 225-2500 TELECOPIER (813) 223-7118 ~~ '~-~. ~ Scott Shuford Director of Central Permitting City of Clearwater P.O. BOx 4748 Clearwater, Florida 34618 RE: Cruise Ship at Clearwater Bay Marineways Dear Scott: In reference ro our two conversations concerning the wall to be placed on our property adjacent to the marina, you had stated that you would send a memo to that affect. As of this date November 24, 1993 we have not received any such communication. Mr. Johnson set a statement to you and Mr. Tandberg concerning this matter. I have sent along a copy of that just in case you did not receive such communication. We request a letter confirming these discussions before the close of business on Monday November 29, 1993. If such communication is not received then we will need to file an appeal to the City Clerk concerning the conditional use permit, as that this is where the misunderstanding took place. Thank you very much for your prompt attention to this matter. I will be happy to pick up the memo when it is ready, just give me a call. 461-1995 Sincerely, y~ Gyp„ _ ~_ l a~ Dr. S even R. organ Mrs. Vicki Morgan . ~ • "d} , JOHNSON, BLAKELY, POPE=, BOKOR, RUPPEL & E3UT~N5, P, A. AT"TOI~NEVS AND COUNSELLORS Al- LAW E. O. ARMSTRONG III BARBARA A. BACCARI BRUCF_ W. BARNES JOHN T BLAKELV BRUCE H. BOKOR GUV M. BURNS MICHAEL T. CRONIN EE-IZADETH J. DANIELS LISA B. DODGE MARION HALE P,EBF_CCA A. HFNSON FRANK R..lAKES TIMOTHY A..JOI-INSON, .1P,. SHARON F_. KRICI< .IOHN R. 1_AWSON. JR. .JAMES G. L.EWIS MICHAEL C. LITI-LE MARIA MAICTRELLIS MICHAEL C. MARK14AM DAVID J. OTTINGER F. W ALI_A,CE POPE, JR. DARRVL R. RICHARDS DE=NNIS G. RUPPEL' CHARLES A. SAMARK05 JOHN A. SCHAEFER BETHANN SCHARRER PHILIP M. SHASTEEN CHARLES M.TATELBAUM GLEE A. tRIPLETT JOAN M. VECCHIOLI ANTHONY P. ZINGE • or- coUnlsE~ PLF_ASE REPLY TO CLEARWATER FILE NO. 34635.90280 ~lovember 19, 1993 Scott Shuford Director of Cenral Permitting City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 Re: Cruise Ship at Clearwater Bay Marineways Dear Scott: This letter is to confirm the conversations held by Mrs. Vicki Morgan with you and Mr. Tandberg regarding the location of the wall to be constructed by Mr. Tandberg adjacent to Mrs. Morgan's property. Mr. Tandberg agreed, and you concurred, that the wall would be built on top of the existing retaining wall adjacent to Mrs. Morgan's property. A wall constructed at any other location would not serve its intended purpose of shielding Mrs. Morgan's property from the noise and light that will be generated from Mr. Tandberg's operation. We appreciate your continuing interest in this matter. ~' TAJ:mme cc: Mr. Espen Tandberg Ms: Vicki Morgan 25858/mme CLE ARwATER OFFICE 911 CHESTNUT STREET POST OFFICE BOX 1368 CL~ARWATER, FLORIDA 34617-136f3 TELEPHONE (813) 461-1818 TELECOPIER (8137 441.861 7 Very truly yo , ..l ---f - ~+/ ~ . imothy .Johnson, Jr. TAMPA OFFICE 100 NORTIi TAMPA STREE"f SUITE 1800 POST OFFICE BOX 1100 TAMPA, FLORIDA 33601-1 1 00 TELEPHONE (8131 225-2500 TELECOPIER (813) 223•y118 C I T Y O F C L E A R W A T E R POST OFFICE BOX 4 7 4 8 CLEARWATER, FLORIDA 3461 8=4748 DEPARTMENT OF CENTRAL PERMITTING Telephone (813) 462-6567 November 29, 1993 Timothy A. Johnson, Jr. Johnson, Blakely, Pope, Bokor, Ruppel & Burns P.O. Box 1368 91 1 Chestnut Street Clearwater, FL 34617-1368 RE: The Wall Affecting Ms. Morgan's.Properfjr Dear Tim: In response to questions raised by your client Vicki Morgan and as a followup to my earlier letter to you today on the same subject, I am clarifying precisely where the wall will be placed on the marina property. The wall will be placed on the property line, which I understand to be the top of the retaining wall on the north side of the marina property, with the required buffer landscaping to be provided interior to the wall, which, according to my understanding, will be at the bottom of the retaining wall on the marina property. This is to advise you that this is the way we will approach this matter in implementing the conditional use permit conditions. Should you have questions or comments, please contact me. Sincerely, ~~ A . Scott Shuford, AICP "` Director of Central Permitting SS/db cc: Ms. Vicki Morgan ~I7r~ "Equal Employment and Affirmative Action Employer" r, \~ cu 4 3-'1y£ qoo QcA.oec..~-- To: Sandra Glatthorn;~ ~,S,~t~eve Doherty From: Teresa Mancini ~ '~. CC: file Date: June 11, 1998 RE: Changes at Clearwater Bay Marina The following changes had occurred at Clearwater Bay Marina: Reef Tours: 5/98 Increased passengers on existing boat from six to twelve; required two additional parking spaces: Tanks a Lot Diving: 6198 Added a 6 passenger dive boat at slip number 27; required 2 additional parking spaces Site plan indicates surplus of six spaces prior these changes. After said changes there is a surplus of two parking spaces at the marina according to the site plan approved 11 /13/97. Per Steve Doherty 6/11 /98