04/13/1993 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, APRIL 13, 1993 - 2:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: Chairman Hamilton, Messrs. Bickerstaffe, Carassas, Mazur (left 3:10), Merriam, Savage (arrived 2:25), Ms. Martin
Also present: Scott Shuford, Planning Manager
Etim Udoh, Planner I
Vickie Davenport, Recording Secretary
Chairperson Hamilton 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.
ITEM
A. APPROVAL OF MINUTES
1. February 16, 1993: APPROVED, with corrections (motion made by Mr. Mazur, and seconded by Mr. Bickerstaffe). Motion carried unanimously (6 to 0).
2. March 2, 1993: APPROVED (motion made by Mr. Meeriam, and seconded by Mr. Mazur). Motion carried unanimously (6 to 0).
3. March 16, 1993: APPROVED, with corrections (motion made by Mr. Mazur, and seconded by Ms. Martin). Motion carried unanimously (6 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None
C. CONDITIONAL USES:
1. Lots 80 thru 83, Clearwater Beach Park Sub, (452 Mandalay Ave), Alex P. and Mary H. Gelep, (Island House Restaurant), CU 93-18
Request - to permit on-premise consumption of beer, wine and liquor (business ownership change)
Zoned - CB (Beach Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, James Canellos, 701 Whitcomb Blvd. #7H, Tarpon Springs was present. He stated that there will be no changes in the operation of the restaurant.
Pro: None
Con: None
A motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe to approve this request subject to the following condition: The requisite occupational license shall be obtained
within six months of the date of this public hearing. Motion carried unanimously (6 to 0).
2. M&B 32.02, Sec 20-29-16, (18911 US 19 N), Robert G. and Hazel V. Daniel, (Shore Lanes Rec Inc.),
CU 93-19
Request - to permit on-premise consumption of beer, wine and liquor (new license)
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Robert Daniel, 782 Lakeside Dr., North Palm Beach, Fl 33408. Mr. Daniel handed out letters to board members. Mr. Daniel stated that he owns 3 businesses, bowling alleys
with lounges. He stated that the selling of 25 cent beer, which was bringing in teenagers, was stopped and employees were told to check ID's and not allow people to go out with drinks.
Mr. Daniel wants to make it into family type place and stated that there would be a name change for Slick Willie's.
Questions from the board regarding who will be managing the business, Mr. Daniel answered that there will be a well trained person hired shortly. He also stated that they will close
at 2:00 a.m. and some nights earlier.
Upon questioning, Mr. Daniel stated that a security guard has no authority, all they can do is ask people to leave. He also stated there have already been changes made in the personnel.
Pro: None
Con: James Daley, 19029 W. 19 N., Imperial Cove. He stated that he owns condominium #12, Bldg. 5 and #21, Bldg. 6. He doesn't understand why there are no police statements as to the
calls they get from the residents at Imperial Cove. Mr. Daley stated the disturbances they have to live under, such as cars doing wheelies in the parking lot, the swearing and yelling,
and the things being thrown over the wall sometimes breaking windows or damaging cars. People have to live with their windows shut because of the noise.
In answering questions from the board, Mr. Daley stated that he has seen a little change lately, in that it seems to be quieter. He stated that behind the building, where the disturbances
are, the police can't see what's going on.
Sid Hendry, Bldg. 5, Unit 12, Imperial Cove. He stated that between 2:00 and 4:00, every morning, he is awakened because of the noise. Mr. Hendry stated that people are moving to the
other buildings, to get away from the noise.
Carol Skrobacz, Bldg. 6, Imperial Cove. She objects to the lounge, because of the problems it brings. She also stated that if you are coming home late, it is frightening to hear all
these noises on the other side of the wall.
She was asked by the board if she has noticed any changes, she stated she has seen very little change. She wonders if Mr. Daniel can handle making these changes for the better. She
stated that she is another resident who has to live with her windows closed.
George Key, Imperial Cove resident. He stated he has called the Police Department 25 times this past winter. He stated that by the time the police cars get there, the violators have
usually quieted down. Mr. Key stated that he and his wife live with their windows closed and a radio on all night, with the air conditioner on just to get some sleep. He stated that
the police always respond quickly, but he doesn't understand why they don't arrest those who are breaking the law. He went on to name dates and describe the incidents that have happened.
Mr. Key stated that the parking lot on the east side of building is the where all this happens. He suggested that Mr. Daniel erect a gate to keep people out of this area.
Chairman Ken Hamilton read a letter that was left at Mr. Meeriam's chair, from Mary C. Callahan, President of Bldg. 4, Imperial Cove Condominiums, along with a calendar. Mr. Hamilton
asked is she was in the audience, so that he could ask her questions regarding the notations on the calendar. She was not. Attached to the letter is a petition requesting to deny the
request signed by numerous people.
Mr. Daniel spoke in rebuttal. He stated that they have put alot of money into this business since January. He stated that they have a proven record of not having any complaints and
that he respects the residents of Imperial Cove. Mr. Daniel stated that he wants a chance to make this place successful, also that he feels it has quieted down quite a bit since they
have taken over in February.
Discussion ensued between the board members and Mr. Daniel regarding putting a gate up, and posting no trespassing signs, so that the police can arrest those trespassers, or the possibility
of using speed bumps. It was suggested to make an inquiry to the police department for a suggestion as to how to remedy this situation.
Mr. Daniel stated that he would look into the construction of a gate. He wondered if it would be considered a fire hazard.
Discussion ensued regarding having an off-duty police officer instead of a security guard; lighting; no trespassing
signs posted; and gate or fence being constructed.
Mr. Savage abstained from the vote, since he came in late and the discussion had already begun.
A motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained
within six months from the expiration date of its current occupational license; 2) The sale of alcoholic beverage shall be limited to consumption on premises with no package sales; 3)
There shall be no outdoor seating or other expansion of the floor area devoted to the proposed use; 4) The requirements of the 4-COP-SBX license shall be adhered to at all times by
the management of the proposed Shore Lanes Bowling Alley, Slick Willie's, and the license shall be conspicuously displayed at all times for inspection purposes; 5) All permits and licenses
issued by the City and other agencies shall be subject to initial and continuing compliance with all applicable requirements; 6) No outdoor speakers shall be allowed; 7) There shall
be a security guard provided from 8:00 p.m. to closing, seven days a week, to patrol the exterior of the premises to watch for violations of alcoholic beverage consumption and noise;
8) Closing time shall be at 2:00 a.m.; 9) A gate or fence, the design of which is acceptable to the Planning Department and which complies with all applicable city codes, shall be
constructed on the north side of the building and locked at 2:00 a.m. (an acceptable design shall be submitted within 30 days and the gate shall be constructed within 30 days after submission
of this design); the property owners shall also post no trespassing signs that would allow the Clearwater Police Department to arrest those that are trespassing; and 10) There shall
be a trial period of six months. Motion carried (5 to 1), with one abstention.
3. M&B 41.01, 41.02, 42.02, and 42.03, Sec 30-28-16, (2566 Countryside Blvd), Bellwether Properties of Fla, (Deli Restaurants Inc. d/b/a/ TooJay's), CU 93-20
Request - to permit on-premise consumption of beer and wine (new license)
Zoned - CC (Commercial Center)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Hal McGeorge, 101 S. Old Coachman Road., was present. He stated that TooJay's was originally formed in Palm Beach County and this is the first attempt at franchising. They
have 300 menu items, which are baked and cooked from scratch daily.
Pro: None
Con: None
A motion was made by Mr. Meeriam, and seconded by Mr. Carassas to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained
within six months of the date of this public hearing; 2) The operation is limited to consumption on premises only with no package sales; and 3) The applicant shall obtain from the
City Commission the necessary separation distance variances. Motion carried (5 to 0) with one abstention.
4. M&B 32.01, Sec 01-29-15 & Sec 06-29-16, (2201 Sunset Point Rd), Sun Bank of Tampa Bay, (Shell Oil Co.), CU 93-21
Request - to permit package sales of beer and wine (new license)
Zoned - CPD (Commercial Planned Development)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Mazur left the meeting.
Applicant representative, Trish Muscarella, was present.
Pro: None
Con: None
A motion was made by Mr. Savage, and seconded by Mr. Bickerstaffe to approve this request subject to the
following conditions: 1) The applicant shall obtain the requisite building permit within one year from the date of this public hearing; 2) The applicant shall obtain the requisite
occupational license within one year of this public hearing; and 3) The applicant shall obtain approval of the requisite separation variance by the City Commission. Motion carried
unanimously (6 to 0).
5. Part of Lot 1 and Lots 2 and 3, vacated Nicholson St and filled submerged land on W and submerged land, J.A. Gorra Sub, Blk 2 and Lots 13, 14 and 23 and part of Lot 22 and filled
submerged lands on W and submerged land and riparian rights, Sue Barco Sub (900 N Osceola Avenue), Clearwater Bay Marine Ways Inc, (Tanks-A-Lot), CU 93-22
Request - to permit marina charter diving boat
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.
Applicant, Ben Dauterman, 1137 Keene Road, Largo was present. Mr. Dauterman stated that he has his captain's license and he has applied for the license from the City, and he will get
an occupational license from the County. He stated that he has been diving since 1960's, and boat experience for about 30 years.
Questions from the board revealed that he will be starting full-time in July, and might have one more person as an employee. Discussion regarding parking ensued.
Pro: None
Con: J. B. Queen, 1126 Sedeeva Street, was present. He represents the owner of the property that is next to Mr. Dauterman, and is not speaking "for" or "against" this item. He stated
that he is there to find out some answers to concerns about the hours of operation; what about noise from air compressors filling tanks; early morning hours, disturbing people who live
in the area; and where these customers are going to be parking.
Mr. Dauterman spoke in rebuttal. He stated that he plans on the hours of operation being from 9:00 a.m. to 5:00 p.m., with an occasional night dive. The entrance and exit that is used
is off Seminole Street. Mr. Dauterman stated that there would be no kids, only adults diving. Also stated was that there is no air compressor, the tanks are filled before they are
brought down to the boat area, so there would be no noise, except for the starting of the boat.
Motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage to approve this request subject to the following conditions: 1) The initial occupational license shall be obtained within
six months from the date of this public hearing; 2) The charter dive boat shall be limited to six persons only on each party; 3) All safety devices shall be provided; 4) The charter
dive boat shall pose no hazard or obstruction to navigation, as determined by the city harbormaster; and 5) The charter dive boat customers shall not park their vehicles in Seminole
Launching Ramp located at the south of the subject property. Motion carried unanimously (6 to 0).
6. Lots 7,8, & 9, Blk C, Fairburn Addn, (1200 N Betty Lane), Dennis A & Sandra L. Treise, CU 93-23
Request - to permit business service
Zoned - CN (Neighborhood Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Dennis Treise, 6132 109 Ave N, Pinellas Park, was present. He stated that he has owned this property for 6 years. There are 20 units, he has 18 full at present.
Questions from the board, Mr. Shuford answered that each new business would have to apply for their own conditional use permit if this "blanket" is not approved.
Pro: None
Con: None
A motion was made by Mr. Bickerstaffe, and seconded by Mr. Savage, to approve this request subject to the
following conditions: 1) The initial occupational license shall be obtained within six months of the date of this public hearing; and 2) All business services activities and storage
shall be within the building. Motion carried unanimously (6 to 0).
7. Part of Tract A, Lame's Survey, (2999 Gulf to Bay Blvd), Roy R. Meador, (Causeway Bait & Tackle dba Bait, Tackle & More), CU 93-24
Request - to permit package sales of beer and wine (new license)
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, Ronald E. Scaglione, 18904 Arbor Dr., Lutz FL, was present. He has a resident of Clearwater running the store. Mr. Scaglione stated that they would be closing at midnight
on weekends. He stated that the reason why they are getting a new license is because of problems that the previous owner had, not filing sales tax, etc. He attempted to transfer the
previous license, but because the previous owner did not renew his occupational license, it could not be done.
The snapshots were passed around for the board members to see the fence that was put up. Mr. Shuford recommended deleting the proposed requirement for buffering due to the fence.
Pro: None
Con: None
A motion was made by Mr. Savage, and seconded by Mr. Carassas to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained within
six months of the date of this public hearing. Motion carried unanimously (6 to 0).
8. Lots 33 and 46 and vacated alley, Court Square Sub, (401 S Ft Harrison Avenue), Park Terrace of Clearwater Inc., (London Connections, Inc, "Ye Olde Bailey"), CU 93-25
Request - to permit on-premise consumption of beer, wine and liquor (new license)
Zoned - UC/C (Urban Center/Core)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Carassas stated he would not be participating in the discussion or vote.
Applicant, Susan McCarthy, 146 Velma Dr., Largo was present. Ms. McCarthy stated that she wants to make this into a family type restaurant and stated that she understands the two conditions
as presented by staff.
Pro: None
Con: None
A motion was made by Mr. Bickerstaffe, and seconded by Mr. Meeriam to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained
within six months from the date of this public hearing; and 2) Handicapped parking shall be provided to meet Code requirements for such parking. Motion carried unanimously (5 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
1. Lot 1, Hulett Estates, (1505 Winchester Rd), Dorae Corkery, A 93-02 & LUP 93-04
Request for Annexation, Land Use Plan and Zoning Atlas Amendments
LUP - From Unclassified to Low Density Residential
ZONE - RS 6 (Single Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Hamilton stated that applicants are not required to be present for single family residential and stated that there are no citizens in the audience.
Pro: None
Con: None
Recommended the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential (Residential Urban), and Zoning Atlas Amendment to RS-6 (motion made by
Mr. Meeriam, and seconded by Mr. Carassas). Motion carried unanimously (6 to 0).
2. Part of Lots 45 and Lot 46, Citrus Heights Manor 1st Addn, (1906 Ashland Dr), Ann Foderingham, A 93-03 & LUP 93-05
Request for Annexation, Land Use Plan and Zoning Atlas Amendments
LUP - From Unclassified to Low Density Residential
ZONE - RS 8 (Single Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Pro: None
Con: None
Recommended the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential (Residential Urban), and Zoning Atlas Amendment to RS-8 (motion made by
Mr. Bickerstaffe, and seconded by Mr. Savage). Motion carried unanimously (6 to 0).
3. M & B 32.03, Sec 16-29-16, (714 Bayview Ave), Jerold and Jacklyn A. Logemann, A 93-01 & LUP 93-03
Request for Annexation, Land Use Plan and Zoning Atlas Amendments
LUP - From Unclassified to Low Density Residential
ZONE - RS 6 (Single Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Pro: None
Con: None
Recommended the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential (Residential Urban), and Zoning Atlas Amendment to RS-6 (motion made by
Mr. Carassas, and seconded by Mr. Bickerstaffe). Motion carried unanimously (6 to 0).
4. M & B 32.04, Sec 16-29-16, (716 Bayview Ave), Michael B. Parker, A 93-04 & LUP 93-07
Request for Annexation, Land Use Plan and Zoning Atlas Amendments
LUP - From Unclassified to Low Density Residential
ZONE - RS 6 (Single Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Pro: None
Con: None
Recommended the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential (Residential Urban), and Zoning Atlas Amendment to RS-6 (motion made by
Mr. Carassas, and seconded by Mr. Bickerstaffe). Motion carried unanimously (6 to 0).
5. Lot 1, Solar Crest Sub, (1400 Regal Rd), Lois A. Forgacs, A 93-08 & LUP 93-10
Request for Annexation, Land Use Plan and Zoning Atlas Amendments
LUP - From Unclassified to Low Density Residential
ZONE - RS 8 (Single Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
There is still no applicant present.
Pro: None
Con: None
Recommended the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential (Residential Urban), and Zoning Atlas Amendment to RS-8 (motion made by
Ms. Martin, and seconded by Mr. Savage). Motion carried unanimously (6 to 0).
6. Lot 8, Blk A, Sunset Point Estates, (1943 Old Coachman Rd), Joseph C and Mae Cissell, A 92-16 & LUP 92-27
Request for Annextion, Land Use Plan and Zoning Atlas Amendments
LUP - From Unclassified to Low Density Residential
ZONE - RS 8 (Single Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant not present.
Pro: None
Con: None
Recommended the City Commission of the proposed Annexation, Land Use Plan Amendment to Low Density Residential (Residential Urban), and Zoning Atlas Amendment to RS-8 (motion made by
Mr. Meeriam, and seconded by Ms. Martin). Motion carried unanimously (6 to 0).
7. M & B 31.071, Sec 18-29-16, (2339 Gulf-to-Bay Blvd), Lokey Oldsmobile Inc., Z93-03 & LUP 93-12
Request for Land Use Plan and Zoning Atlas Amendments
LUP - From Medium Density Residential to Commercial Tourist Facilities
ZONE - RMH (Mobile Home Park) to CG (General Commercial)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant representative, Donald McFarland, was present. Mr. McFarland gave the background information regarding this property. He stated the recommendations by the Fire Department,
as far as another fire hydrant and another access onto Druid Road were acceptable to his client. Signage requirements has been filed with the City.
Mr. Shuford advised Mr. McFarland that he was going to have to obtain a conditional use permit from this board for vehicle sales and modify the site plan.
Pro: None
Con: None
Recommended the City Commission of the proposed Land Use Plan Amendment to Commercial/Tourist Facilities (Commercial General), and Zoning Atlas Amendment to CG (motion made by Mr. Savage,
and seconded by Mr. Bickerstaffe). The board concurred with the staff recommendations that the second reading for the ordinances to amend the zoning atlas and land use plan be held
until the following are completed: 1) Construction of, or provisions satisfactory to the City shall be provided, for a second access to Hillcrest Mobile Home Park from Druid Road directly
into First Street; and 2) Installation of, or provisions satisfactory to the City shall be provided, for a fire hydrant on the north side of Hillcrest Mobile Home Park, including any
necessary easements. Motion carried unanimously (6 to 0).
8. Ordinance 5354-93, relating to the Land Development Code; Amending Sections 36.114, 36.118, 36.121, and 36.125, Code of Ordinances, relating to Development Agreements; Extending the
maximum duration of Development Agreements from five years to ten years; requiring that copies of Development Agreements be filed with the State Land Planning Agency; providing written
reports following periodic review of Development Agreements; providing an effective date.
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Hamilton pointed out that there is no one present to speak for or against this item.
Pro: None
Con: None
Recommended adoption by the City Commission (motion made by Mr. Savage, and seconded by Mr. Carassas). Motion carried unanimously (6 to 0).
E. CHAIRMAN'S ITEMS - Mr. Hamilton advised the board members, because of requirements of having a quorum, to let Planning staff know if they are not going to make a meeting.
Mr. Savage stated that he will absent on May 4th meeting.
Mr. Hamilton wanted to know if he has to read the whole legal description on an item during the meeting. Mr. Shuford will find out the answer from the Legal Department.
Mr. Hamilton wanted changes in recommendation to reflect what was changed during meeting, in the minutes, so that the public would know that the recommendation was changed from its original
state.
Lastly, Mr. Hamilton stated he hoped all would be coming to the dinner this evening at 6:00 p.m.
F. DIRECTOR'S ITEMS - Mr. Shuford stated he wanted more direction from the board as to when they want to go ahead on an item and resolve concerns, or continue it to the next meeting.
Discussion ensued.
G. BOARD AND STAFF COMMENTS - Discussion regarding comments from the Police Department ensued.
Discussion regarding getting their packets earlier ensued. Sending out a tentative agenda and backup material one week before the meeting was discussed.
Adjournment: 4:45 p.m.
_______________________________________________________
James M. Polatty, Jr., Director of Planning & Development