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10/01/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, TUESDAY, OCTOBER 1, 1991 Members Present: Chairman Schwob, Messrs. Bickerstaffe, Hamilton, Mazur, Merriam, Carassas and Savage. Also Present: Scott Shuford, Planning Manager Ream Wilson, Director, Parks & Recreation Louis R. Hilton, Planner Pat Fernandez, Recording Secretary Chairperson Schwob 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. A. APPROVAL OF MINUTES Motion was made by Mr. Merriam, and seconded by Mr. Hamilton, to approve the minutes of September 17, 1991. Motion carried (6 to 0) with Mr. Schwob abstaining due to his absence at the preceding meeting. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (Continued from 9/17/91) Lots 63 thru 66, 68, 69, 113 thru 117, and part of Lot 112, Lloyd-White Skinner Sub, (325 S. Gulfview Boulevard) Clara and Dorothy Boldog (Americana Gulf Motels Ltd.), CU 91-69 Request - To permit on-premise consumption and package sales of beer, wine and liquor Zoned - CR 28 (Resort Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Donald McFarland, 311 S. Missouri, applicant's representative, stated the applicant plans to open and operate a restaurant at her motel. In support, David Little, 1734 Casey Jones Court, stated the applicant has a quality structure and will create a family atmosphere. He welcomes this type of new development to the beach. No one spoke in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The requisite occupational license for the 4-COP-S establishment shall be obtained within 6 months; 2) When deemed necessary by the City, the business owner shall demonstrate 51% food and nonalcoholic beverage sales per gross receipts; 3) The hours of operation shall be from 6:00 a.m. until 1:00 a.m. weekdays and weekends or as otherwise further restricted by the State of Florida in the licensing of a 4-COP-S establishment; 4) The applicant shall obtain approval from the City Commission of the separation distance variance to the 300 ft. restriction from residential zones (CR28); and 5) Package sales shall be limited to room service only, with all sales conforming to the requirements of state law and Section 72 of the City Code. Motion carried unanimously (7 to 0). 2. (Continued from 9/17/91) Part of Lot 1, Blk B, Venetian Point (1860 N. Ft. Harrison Avenue) Donato and Maria DiGiovanni, Victor and Lucy DiCarlo, Vincent and Rosa Barbieri, and Bar-Bro, Inc., CU 91-72 Request - To permit marine rental of boats and motorized personal watercraft (Tideriders) Zoned CR 24 (Resort Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant was not present. It was noted he had asked for a continuance from the last meeting and persons who wanted to address this request were present for the second time. Mr. Shuford stated he called the attorney who he felt would be representing the applicant, and was advised that the attorney would no longer be representing the applicant. The hearing was heard in agenda order as this was the second opportunity for the applicant and it was deemed unfair to the residents who wished to speak on this matter. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. No one present spoke on behalf of this request. In opposition, Althea Andersen, 1866 Venetian Point Drive, stated she lives across the Blanton Channel from the Aloha Motel and is opposed to this request. In opposition, Joseph Sisko, 1860 Venetian Point Drive, stated they purchased their home 22 years ago because it was a quiet residential area. He fears there will be both sight and sound pollution. Some tides are so low that acres of grass are visible in the water. In opposition, Dick White, 1862 Venetian Point Drive, stated he had riprap put in at a cost of $10,000.00 and visualizes these boats creating wave action causing damage to his riprap. He inquired who would be responsible if such damage occurs. In opposition, Jean Darack, 1864 Venetian Point Drive, stated she objects to the noise and spoke for two other groups she feels will be affected if this request is granted. Wildlife including pelicans and egrets currently frequent the area and fisherman fish from the bridge. She believes wildlife will disappear with boats and skiers zooming back and forth. In opposition, Bill Held, Harbormaster, 216 Crestwood Lane, Largo, stated he was concerned about marking a channel, its close proximity to the Intercoastal waterway, and the fact that the water is too shallow at low tide which would affect the grasses and other vegetation in the waterway. In response to questions by the Board he advised that one such operation had an excellent record but two others have had letters written to them following accidents. As to the damage cause by a wake, Mr. Held advised the boat owner is responsible for any damage his wake may cause. The Board stated they had no means of comparison and did not want to condemn the jet ski industry without knowing how many hours of operation there are versus the number of accidents. No serious injury has been sustained to date. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to deny the above request. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW 1. M&B 23.09, Sec 21-28-16, less east 50 ft., located on the west side of McMullen-Booth Road north of Countryside Sports Complex (Bethel Lutheran Church Inc.) A91-10; LUP 91-11 Request - Annexation and Land Use Plan amendment, and establish Zoning district LAND USE PLAN: From: Unclassified To: Public/Semi-Public ZONING: P/SP (Public/Semi-Public) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. David Camburn, 2165 Spring Flower Drive, applicant's representative, stated they need to hook into a sewer system. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Carassas, to approve the above request. Motion carried unanimously (7 to 0). 2. Code of Ordinances Text Amendment An ordinance of the City of Clearwater, relating to the recreation and open space land dedication requirements; amending Sections 116.40, 116.45, 116.46, and 116.51, Code of Ordinances, relating to the use of recreation land and open space impact fees and land; creating a new Section 116.395, Code of Ordinance, relating to definitions; repealing Section 116.41 and 116.47, Code of Ordinances, relating to definitions; providing an effective date. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Ream Wilson, Director of Parks and Recreation, stated the City Attorney added a Preamble to this Ordinance and combined two sections of definitions into one section. Further it revises how "Recreations Facilities Land", "Recreation Facilities" and "Open Space Land" impact fees are spent. Discussion ensued regarding expenditure of these monies and the fact that no additional fees are contained in the ordinance. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request. Motion carried unanimously (7 to 0). 3. Undeveloped portion of the Park Place Development of Regional Impact (DRI), Sec. 17-29-16, part of M&B 21.00, located at the southwest corner of Drew Street and Hampton Road (21.3 acres m.o.l.)/Building Operation Holding Co., LUP 91-04, Z 91-01 Request - Finding that proposed change of DRI is not a substantial deviation and recommendation concerning the same to City Commission. LAND USE PLAN: From: Residential/Office To: Industrial ZONING: From: OG (General Office) To: New RD (Research, Development and Office Park) Mr. Mazur announced he had a conflict and would not be involved in the discussion or vote. Lou Hilton made the presentation stating the applicant was asking for a five year extension to the build out date. He advised the impact will be less than originally planned. Timothy Johnson, applicant's representative, stated the presentation was accurate and he had nothing to add. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, to approve the staff recommendations as follows: 1) Concur with the staff's finding that the proposed change does not represent a substantial deviation from the original DRI; and 2) Approved that the proposed zoning and land use changes be modified to include only that area proposed for industrial uses. Motion carried (6 to 0) with Mr. Mazur abstaining. E. CHAIRMAN'S ITEMS Mr. Schwob extended congratulations to Mr. Hamilton who is now Chairman of the Greater Clearwater Chamber of Commerce. Mr. Schwob commented on Mr. Galbraith's letter on board member's exparte contacts with members of the public. Members expressed they would never make a commitment but there may be an appearance of impropriety in such a meeting. During the information gathering visit, it is necessary to ask for clarification of the facts. Discussion ensued. Members feel the board has a good reputation and any such contacts can be made known at a board meeting for inclusion in the records. It is felt the members exhibit good judgment. F. DIRECTOR'S ITEMS Mr. Shuford advised Ms. Glatthorn will give a presentation at the end of the next meeting on the Pinellas Planning Council Consistency program where the PPC is attempting to gain land use plan consistency over all of the different governments in Pinellas County. Members were again reminded of the Administrative Hearing for Pick Kwik which will be held Tuesday, November 19, 1991, at 4:00 p.m. in the large conference room at Clearwater City Hall. G. BOARD AND STAFF COMMENTS Mr. Bickerstaffe was glad to see the Americana Motel with plans to operate their own restaurant. Many times an applicant will build a building and then come back to the board to request what they know they could not get in the beginning. The meeting was adjourned at 3:30 p.m. James M. Polatty, Jr., Director, Planning & Development