03/13/1990 MINUTES
PLANNING & ZONING BOARD
TUESDAY, MARCH 13, 1990, 1:30 PM
Members Present: Chairman Johnson, Messrs. Mazur, Schwob, Ferrell (arrived 1:35 PM), Hamilton and Gans.
Members Absent: Ms. Nixon (excused)
Also Present: James M. Polatty, Jr., Director of Planning and Development
Scott Shuford, Planning Manager
A. Motion was made by Mr. Hamilton, seconded by Mr. Mazur, to approve the minutes of the February 27, 1990 meeting as written. Motion carried unanimously (5 to 0).
Chairman Johnson 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.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
B. Conditional Uses:
1. Lot 1, South Oaks Fashion Square
(1500 A-5 McMullen-Booth Road)
Clearwater Marketplace Partnership
(Le Fourneau St. Philippe)
Richard J. Stewart, Jr.
CU 90-15
Request - 4-COP SRX (On Premise
consumption of beer, wine and liquor
(NEW LICENSE)
Zoned - IPD (Industrial Planned
Development)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Richard J. Stewart, Jr., 1724 Owen Drive, representing the applicant stated that the request is for a French/Belgium style restaurant with 225 seats, serving buffet style dinner
followed by a variety show, followed by music and dancing to a variety dance band and will cater to the 30 to 55 age group.
Mr. Peter DiMaria, 2705 Countryside Blvd., the landlord of this establishment, stated he is in favor of the applicant's request. This restaurant is different concept and it is a family
oriented operation. He asked that the Board approve this request.
Discussion ensued with Board members expressing concerns regarding a saturation of alcoholic beverage establishments in this shopping center. Mr. Hamilton felt this should be addressed
in the Board's upcoming Alcoholic Beverage Workshop.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve this request subject to: 1) the applicant must procure 4 COP SRX liquor license within six (6) months, and (2) a building
permit must be procured within six (6) months from the date of this hearing. Motion carried unanimously (6 to 0).
2. M&B 22.01, Sec. 17-29-15, Lots 1-5,
Blk. C, Bayside Sub. #5
(601 S. Gulfview Blvd.)
William M. Shephard (Lagoon Resort
Motel, Inc., d/b/a Shephard's
Restaurant/Gulf Fun, Inc.)/Page/Hollins
CU 90-16
Request - To permit rental of 2
catamaran sailboats and 4-10
waverunners.
Zoned - CR-28 (Resort Commercial
"Twenty-Eight"), OS/R (Open
Space/Recreation), and
AL/C (Aquatic lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Ms. Vicki Page, 315 Hyde Park Drive, Tampa, attorney representing the applicant, stated this request will be of great benefit to the City as it promotes tourism. Ms. Page presented
a large chart showing the area of operation proposed for these watercraft. She explained this operation will provide supervision in the form of a safety boat in the water enforcing
safety rules with violators being brought back in and their deposit forfeited. Also, each waverunner rented will be escorted to the area designated for this use.
Mr. Noel D. Woods, 640 So. Bayway Blvd., stated he is in favor of approving this request, as tourism in the life of the beach. He felt these machines make very little wake and no noise
and should not be any problem and would only allow the tourists to better enjoy Clearwater.
Mr. Ronald M. Hollins, the applicant, stated there will be a safety unit in the water at all times that rented watercraft are in the water. The minimum age requirement will be 16 years
of age. A video of proper operation of the watercraft will be shown to renters. All renters will be escorted in and out to the proposed use area. The safety boat will be in constant
radio contact with the rental store. Mr. Hollins felt all measures to ensure the safety of the renters and swimmers have been taken and will be enforced.
In opposition the following persons appeared:
Mr. Fred Nassif, 675 South Gulfview Blvd., stated he lives on the beach and is mainly concerned with the waverunners and the potential for accidents they will cause. He felt 2 catamaran
sailboats on the beach will take up space that should be for use by the public. He added that no matter how closely supervised they will be, the waverunners still are a danger to swimmers
and children and this request should be denied.
Mrs. Janet Nassif, 675 South Gulfview Blvd., expressed several concerns about the information provided on the conditional use application by the applicant including the following: the
only 2 residential properties on the south beach were omitted from the chart, making reference to a "hassle free and community accepted activity", and the marking off their operation
area would create a private water corridor. Mrs. Nassif stated this operation has the potential for a disaster and the application should be denied.
Ms. Barbara Barber, 675 South Gulfview Blvd., stated concern for the safety of the children as 3 days ago 2 waverunners came dangerously close to the shore. Ms. Barber heard screaming
and saw the waverunner operators "buzzing" teenagers on an air mattress. She felt this could have been a very dangerous situation due to the strong current if they had fallen off.
These machines come too close to the shore and are dangerous to the public and this request should be denied.
Mr. William Barber, 675 South Gulfview Blvd., stated that yesterday he had observed a waverunner operator in attempting to watch the spray created by the machine, was sitting on it backwards,
not watching where he was going and ended up straight onto the beach, missing 5 children by 2 feet, traveling at least 10 feet up on the beach. These machines are very dangerous and
application should be denied.
Mr. Samuel Vazquez, 8755 Magnolia Drive, Seminole, the property manager at 440 West Condominiums, presented a petition in opposition (attached). He stated the 440 West Condominiums
Board of Directors, representing 236 units, instructed him to speak to the Board expressing the residents' fear of accidents and noise and are strongly opposed to this
request.
Mr. Peter Zhun, president of Continental Towers Association, stated he appeared before this Board several months ago to speak against a similar application. He stated this Board is
a president setter and that if this application is approved, certainly other similar applications will follow all along the beach. He expressed concern about the noise factor and felt
this is a nuisance in general and that this request should be denied so that the beach will be free from further pollution of vehicles.
Mr. Bill Held, Harbor Master for the City of Clearwater, reported that he had met today with the Marine Advisory Board and was asked to express their opposition to this request. Their
objection is based on heavy boat congestion in Clearwater Pass and the safety problems they feel will occur with these vessels. Mr. Held also advised he reviewed this application with
the Police Marine Enforcement Unit and they indicated that they oppose this request for the same reasons. Mr. Held advised he had met with Mr. Hollins and assured him that the he would
look carefully into this matter. Mr. Held stated he visited the site several times, observing the beach and the boats operating in Clearwater Pass. In response to a question by Mr.
Schwob, Mr. Held felt that the State and Federal would not authorize buoys to mark off another private water corridor. Mr. Held recommended the Board deny this request.
In rebuttal, Mr. Noel Woods, stated in support of this request that he felt that the waverunners causing the problems are privately owned. He stated the waverunners are boats and licensed
by the State of Florida and that jet skis are not.
Mr. Held, in response to Mr. Woods comment, advised that jet skis are required to be licensed.
In rebuttal, the applicant, Mr. Ronald Hollins, stated that he appreciates the concerns of the Continental Towers residents, as safety is an important concern. Mr. Hollins stated that
the waverunner is a boat, and provided a brochure for examination by the Board members. He felt the reckless riders mentioned were not supervised and were probably not renters. The
rental units will not be operating in the channel but in the open waters where there are many boats. All rental units will be escorted in and out by Gulf Fun employees. In regard to
the noise problem, he felt the waverunners make considerably less noise than the boats in the area. In regard to the Hobie Cats, he provided a picture for the Board's examination and
explained that they are a new type of Hobie Cat that is controlled with a joystick and that you do not have to be sailor to operate one safely. In response to a question by Mr. Mazur,
Mr. Hollins advised if necessary he will have these vessels towed in and out if that is a concern of the Board. In regard to the buoys, Mr. Hollins responded that they will be placed
to mark their operational base, rather than the area of operation of the watercraft. Mr. Hollins added that there are no swimmers or beach area to the right of the jetty where the rental
vessels will go in off the shore.
Discussion ensued in which Board members expressing concerns including the recommendation by the Marine Advisory Board and Harbormaster, the area being posted "danger" and warnings signs
of a strong current, the danger of being close to swimming areas, and the area proposed for escorting these watercraft being extremely dangerous.
Motion was made by Mr. Mazur, seconded by Mr. Hamilton to deny this request as it is does not meet the Standards of Approval of the Land Development Code Section 137.011(d)(4)-(6) which
states as follows:
(4) The use shall be consistent with the community welfare and not detract from the public's convenience at the specific location.
(5) The use shall not unduly decrease the value of neighboring property.
(6) The use shall be compatible with the surrounding area and not impose an excessive burden or have a substantial negative impact on surrounding or adjacent uses or on community facilities
or services.
Motion carried unanimously (6 to 0).
3. Lot 41, Blk. A, Barbour Morrow
(432 Poinsettia Avenue)
Franco Iocolano/Nancy Bock/Pressman
CU 90-17
Request - Change of Conditions/
Outdoor Commercial Recreation/
Entertainment (Bicycle and Roller
Skate Rental)
Zoned - CB (Beach Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and advised that no correspondence was received in support or opposition to this request.
Discussion ensued with the Board members expressing concern whether this request for a change of condition should be brought to this Board rather than through filing an appeal. Mr.
Shuford advised this request is being heard today due to the applicant stating there is new information to be presented. Mr. Shuford stated that staff is also concerned about the potential
of applicants coming back so soon having had the matter heard by the Board and will be looking into providing requirements in the ordinance to perhaps require 6 to 9 months before a
request can be reheard. Mr. Polatty stated that an amendment to the Land Development Code is needed to address this issue, but as the Code stands it is allowed to be reheard today.
Mr. Todd Pressman, 12807 W. Hillsborough Avenue, Tampa, representung the applicant, stated the reason this request is being brought back before this Board is to reconsider the condition
placed on the conditional use approval prohibiting roller skates. The applicant is requesting a short term trial period of 2 weeks to 1 month allowing roller skate rental. Rental of
skates will be to minimum age of 18 or must have consent of parents, a $25 deposit will be required which will be non-refundable if any problems occur or rental rules are broken, persons
renting skates must demonstrate a reasonable skill on the skates, no rentals after dusk, skates will be color coded for easy identification, and safety pads and helmets will be provided
and encouraged. Mr. Pressman stated a similar business has been very successful in Ft. Myers Beach, FL, and presented letter from the Beach Cycle and Repair owners for the Board's examination.
In opposition, Mr. Vincent Stona, Jr., stated that he is against this request as he had proposed to rent this same space with the intention of establishing a similar business with bicycle
rentals. Mr. Illacano had convinced him that this activity at this location would not be acceptable due to the sidewalk problem. Mr. Stona felt when bikes are returned at the end of
the day, how can it be avoided placing them on the sidewalk causing congestion and other problems.
In rebuttal, Mr. Pressman in response to Mr. Stona's comments that it was stipulated as one of the conditions of approval that all bicycles be stored inside.
Nancy Bock, 1826 Sunset Point Road, the applicant, stated she felt that skating on the causeway is an enjoyable activity in a safe place and that she is willing to comply with any guidelines
the Board decides are necessary. Ms. Bock stated that she is only asking for a brief trail period and if any problems occur, the operation would be shut down.
Discussion ensued with Board members expressing concerns including heavy traffic in the area and that skating would add to the heavily congested sidewalks.
Motion was made by Mr. Schwob, seconded by Mr. Mazur to deny this request as it is does not meet the Standards of Approval of the Land Development Code Section 137.011(d)(4)-(6) which
states as follows:
(4) The use shall be consistent with the community welfare and not detract from the public's convenience at the specific location.
(5) The use shall not unduly decrease the value of neighboring property.
(6) The use shall be compatible with the surrounding area and not impose an excessive burden or have a substantial negative impact on surrounding or adjacent uses or on community facilities
or services.
Motion carried unanimously (6 to 0).
4. Lot 111 and part of Lot 112,
Lloyd White Skinner Sub
(326 Coronado Drive)
Kevin Witcombe/Hasenfus
CU 90-18
Request - To permit business/
professional office
Zoned - CR-28 (Resort Commercial
"Twenty-Eight")
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and advised that no correspondence was received in support or opposition to this request.
Mr. Keith Witcombe, 326 Coronado Drive, stated his request to convert an apartment on the side of his building which is too small for living quarters, to a small real estate office.
In support, Mr. Donald Hasenfus, 321 Coronado Drive, stated his residence is across the street from the proposed real estate office and that he is in favor of this request.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton to approve this request subject to the requisite occupational license must be obtained within six (6) months of this hearing.
Motion carried unanimously (6 to 0).
5. Lot 19 and part of Lot 18,
Bluff View Sub (326-328 Jeffords
Street)
Hunter Blood Center, Inc./Marquardt
CU 90-19
Request - To permit noncommercial
parking
Zoned - OL (Limited Office)
Mr. Johnson advised a letter from the applicant had been received requesting to continue this item until the meeting of April 17, 1990.
Motion was made by Mr. Hamilton, and seconded by Mr. Schwob to continue this item to the April 17, 1990 meeting. Motion carried unanimously (6 to 0).
C. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Local Planning Agency Review:
1. Continued from February 27, 1990
Lots 8 and 9, Blk. G, Sall's Sub.
Located at the Northeast Corner at the
Intersection of South Missouri Avenue
and Belleair Road (Lazzara Family
Partnership)
A 90-01, LUP 90-01
Request - Annexation and Zoning, CG (General Commercial)
LAND USE PLAN:
FROM: None
TO: Commercial/Tourist
Facilities
Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Mazur excused himself from this item, due to conflict of interest.
Mr. Curtis DeYoung, applicant, stated that the intent is to build a Checkers Restaurant at this location and that there as been a considerable amount of confusion between the City of
Clearwater, his firm, and Pinellas County in regard to redeveloping this site. He stated that much earlier the City of Clearwater had advised that water and sewer service would be made
available as this was within their service area. There was confusion with staff as to what was required to accomplish this. Before it was made known to his firm that sewer would not
be available, a building permit was being procured from Pinellas County. The plans for Checkers meets County requirements and also meets City of Clearwater landscaping and front yard
green space Code requirements. The only requirement this plan does not meet by City standards is the side yard setback and that a minor variance would be required if developed under
the City of Clearwater Code. Mr. DeYoung stated that they had been advised by the City Commission they will not be required to meet City Codes and it is their intent to build under
Pinellas County regulations and obtain their certificate of occupancy from them.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Ferrell to approve this request. Motion carried 4 to 1 (with Mr. Gans voting "nay").
E. Chairman's Items
Mr. Johnson welcomed Mr. Otto Gans as a new member to the Board.
Mr. Johnson advised the appeal made by the City Attorney on Maguire v. City was denied and that the City Attorney will be taking this to court.
F. Director's Items
Mr. Polatty discussed the upcoming Land Development Code Amendments; staff vacancies; and the alcoholic beverage workshop. Mr. Polatty suggested the workshop be held after a meeting,
and after discussion by the Board it was decided to have this workshop after the April 3rd meeting.
G. Board & Staff Comments
Mr. Schwob questioned if while the Board is considering a conditional use that would require a separation variance being granted by the City Commission, whether or not the variance should
be a factor in the Board's decision. Discussion ensued in which Mr. Polatty felt the distance variance should be included, but not the only factor considered. However, since there
is confusion on this matter the City Attorney will be invited to the next meeting to address this issue.
Mr. Hamilton questioned the Board's position in cases where denial is voted on a conditional use request when the staff has stated in writing, "staff recommends APPROVAL, as it supports
the standards for approval ...". Mr. Polatty responded that the staff report is a recommendation, and that the purpose of the public hearing is to gather other data, and that the reasons
for denial should be clearly stated in motions made by this Board. Mr. Hamilton felt the wording should be changed to perhaps "Prior to public hearing, staff recommends approval because
it appears to meet the standards..." in order to make the decision defendable. Mr. Polatty responded staff will take this under advisement.
Meeting adjourned 4:00 PM.
____________________________________________________
James M. Polatty, Jr., AICP, Director
Planning and Development Department