Loading...
11/16/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, NOVEMBER 16, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Carassas, Messrs. Bickerstaffe, Keyes, Mazur, Merriam, Savage Members Excused: Ms. Martin Also present: Scott Shuford, Planning Manager Doreen Brett, Recording Secretary Chairperson 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. ITEM A. APPROVAL OF MINUTES 1. November 2, 1993 - Continued B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None. C. CONDITIONAL USES: 1) E. H. Coachman, Blk. 8, Lots 3, 4 & 14, Lots 1 & 2 less street, and part of Lots A, 10 & 11 (706 Drew Street), William D. & Kathryn A. McKnight/S & I, Inc. (Seven Oaks Service Center), CU 93-69 Request - To permit package sales of beer and wine (expansion and change of lease) Zoned - UC-C (Urban Center-Core) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Bill Hardee, 1201 Brandon, Brandon, FL, stated that they are expanding and remodeling the facility to meet the demands of the area. Mr. Hardee 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 sandwiches 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 alcoholic beverage minimum distance separation variance from the City Commission; 2) There shall be no on-premise consumption of beer or wine; 3) There shall be no on-premise entertainment; 4) The applicant shall obtain the requisite occupational license within six months of the date of this public hearing; and 5) There shall be no pass through service. Motion carried unanimously (6 to 0). 2) Sec. 17-29-16, M&B 14.052 (2950 Gulf-to-Bay Blvd.), Laura N. Connolly TRE & Gertrude A. Nall Trust/J. Vasiliadis, Inc. (Colonial House Restaurant), CU 93-70 Request - To permit on-premise consumption of beer, wine and liquor (business ownership change) Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. In response to questions by the Board, Mr. Shuford stated that this is an unusual 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 that the applicant is complying with Code by seeking a building permit and applying for the variance. 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 favor or opposition to the request. A motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months of this public hearing; and 2) All signage shall be brought into conformance with City regulations within six months of this public hearing. Motion carried unanimously (6 to 0). 3) Mandalay Unit No. 5 Replat, Blk. 78, Lot 8 and riparian rights (629 Bay Esplanade), Angel L. Johns & Emmitt R. Suggs (Sea Side Apartment Motel), CU 93-71 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 the case and presented, in writing, the staff recommendation. Applicant's representative, Richard G. Newman, 2724 Morningside Dr., stated that the request is as Mr. Shuford presented it. He added that construction has not been started. In response to questions by the Board, Mr. Newman stated 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 and has only eight parking spaces. Mr. Waselewski felt this request will create parking problems. In response to questions by the Board, Mr. Shuford stated that the property meets current parking requirements as long as it is not being used as commercial marina. Discussion ensued regarding the parking of trailers at the motel. Mr. Waselewski expressed concerns regarding how close this will be to his property. Mr. Shuford provided Mr. Waselewski a copy of the drawings as submitted to the City. In rebuttal, Mr. Newman stated that not allowing trailers would 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 this 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 23.18 (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 that they have operated with the same format for 12 years with no problems. In response to questions by the Board, Mr. 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 in favor of or in opposition to this request. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, to approve the above request subject to the following conditions: 1) The applicant shall obtain the required new occupational license within 30 days of this public hearing; 2) The applicant shall obtain the 4-COP-SRX alcoholic beverage license within 30 days of this public hearing; and 3) There shall be no outdoor speakers, or entertainment. Motion carried unanimously (6 to 0). 5) Clearwater Beach Park 1st Add., Blk. B, Lots 16-23, and Clearwater Beach Park Replat of 1st Add., Blk. A, Lots 12-15, and vacated alley, (447 Mandalay Ave.), Robert E. Heilman/Heilman Restaurants, Inc. (Heilman's Beachcomber Restaurant), CU 93-73 Request - To permit on-premise consumption and package sales of beer, wine and liquor (expansion) Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Harry S. Cline, 400 Cleveland St., stated that this restaurant is family owned and is a third generation run restaurant. Mr. Cline noted that they hope to utilize the old motel facility at the rear of the property in this expansion. He added that the request is consistent with code requirements. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur, 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) The applicant shall obtain an occupational license within six months from the date of this public hearing; and 3) The applicant shall obtain the necessary variances from the City Commission 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 Ave. N), Clearwater Bay Marina, Inc. (Adventure Seaways Corp.), CU 93-74 Request - To permit marina use; 600 passenger 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 Cruise Lines owns and operates 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. 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 by Mr. Bickerstaffe, and seconded by Mr. Keyes, to approve the above request subject to the following conditions: 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 dock; 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 be 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 8:00 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; and 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. 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 Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Thomas J. Graham, 3005 SR 590, Suite 101, stated that the site was originally used as a marina and boat storage. He stated that they have made many improvements to the (showed pictures of site before improvements) and discussed surrounding uses. Mr. Graham explained the details of the structure and its former use. Mr. Graham added that the proposal is a similar use with converting a portion into a retail dive shop with storage of diving equipment. He noted that there will be no outdoor retail sales, and would also like to store two RV's on the property in the long term dry boat storage area. Mr. Graham stated that the recommended conditions of approval are acceptable, with the exception of the landscape/open space requirement. Discussion ensued regarding the recommended conditions of approval. The consensus of the Board and staff's concerns regarding the conditions of approval are included in the motion. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur, 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) The applicant shall obtain the required occupational license within six months of this public hearing; 3) There shall be no public address system or loudspeaker paging systems used in the daily operation of the business; 4) All lighting and luminaries shall be positioned in a downward direction to avoid light glare disturbing nearby land uses; 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). 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 consumption and package sales of beer, wine and liquor (license 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. Applicant's representative, Michael Kwasin, Jr., 3613 Beach Dr., Tampa, stated they are seeking a 4-COP license so that they can have fine wine and beer tasting. Mr. Kwasin stated that they are strictly liquor store and that they have a wine vault. In response to a question by the Board, Mr. Kwasin stated he has no problem with the recommended conditions and that the hours of operation will be 9:00 a.m. to 9:00 p.m. No persons appeared in support of or in opposition to the request. A motion was made by Mr. Merriam and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The applicant shall obtain the required occupational license within six months of this public hearing; 2) The applicant shall obtain a variance to the seating requirements; 3) The applicant shall obtain the a minimum distance separation variance for alcoholic beverage sales from the City Commission; 4) The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m. daily. Motion carried unanimously (5 to 0). 9) Gulf-to-Bay Shopping Center, Lots 3 and 4 (1653 Gulf-to-Bay Blvd.), Arthur H. & Mary L. Bruno (Capogna's Dugout/Dante Enterprises, Inc.), CU 93-77 Request - To permit on-premise consumption and package sales of beer, wine and liquor with meals (expansion) Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Alan Capogna, 1653 Gulf-to-Bay Blvd., stated that the request to allow the expansion of their business and to operate their kitchen under ADA standards. He added that there will be an in the increase the bar area of 12 seats, and 40 seats in the restaurant area. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; and 2) The requisite City Commission separation distance variance shall be obtained within three months of the date of this public hearing. Motion carried unanimously (6 to 0). 10) Gibson's Clearwater Heights, Lot 4-8 (1180 Cleveland Street), City of Clearwater (Temporary Homeless Shelter), CU 93-78 Request - To permit a temporary, 63 day, 30 bed residential shelter facility Zoned - UC-E (Urban Center Eastern Corridor) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Shuford advised the Board that the correct dates for this use is January 1, 1994 through March 1, 1994. He also advised a letter of objection was received expressing concerns including litter, suspicious persons roaming their property, and the shelter being on a main roadway. Sid Klein, Chief of Police, City of Clearwater, stated that the request is for a temporary shelter for homeless persons, including females and families for the two month period. Chief Klein stated that the primary users will be police agency referrals (primarily Clearwater, Largo and Dunedin), and that there will be heavy police presence. Chief Klein stated they will ensure that the property is maintained. In response to questions by the Board, Chief Klein stated that the paid manager of the facility will be Dr. Stephanie Toteff, currently employed by the Human Resources Services. She will be under contract to the Homeless Emergency Project, which is Everybody's Tabernacle operated by Barbara Green. Chief Klein responded that they are anticipating 28-30 maximum per night and the shelter will be open from 6:00 p.m. to 6:00 a.m. only. Chief Klein stated they hope that in the future funding will be available to develop an aftercare program mainly focused on employment. No persons appeared in favor or opposition to the request. The Board discussion included the following concerns: painting and repairing the building; liability insurance; management of the facility; the hours of operation; and the elimination of persons sleeping on benches and doorways. Mr. Shuford stated he would hesitate to make working on the building a required condition as persons utilizing the facility may not be in good health to perform such work. A motion was made by Mr. Bickerstaffe and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The use shall be discontinued after March 1, 1994; 2) The use shall be monitored by an experienced homeless shelter manager throughout its period of operation, said manager to be on site from 6:00 p.m. to 6:00 a.m.; and 3) Where possible, those housed by the shelter shall participate in the upkeep of facility and surrounding grounds, at the discretion of the manager. Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1) Solar Crest, Lot 22 (1409 Regal Road), Henri Jo Frazier and James H. Posey, A 93-23; LUP 93-32 Request - Annexation, Land Use Plan and Zoning Atlas amendment LUP: From Unclassified to Residential-Low ZONE: RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. No persons appeared in favor or opposition to the request. A motion was made by Mr. Merriam, and seconded by Mr. Mazur, to recommend endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8). Motion carried unanimously (5 to 0). 2) Clearwater Manor, part of Lots 28 & 29 (1728 West Manor Avenue), Steven F. Johnson & Patricia Johnson (Jenkins), A 93-24; LUP 93-33 Request - Annexation, Land Use Plan and Zoning Atlas amendment LUP: From Unclassified to Residential-Low ZONE: RS-8 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. No persons appeared in favor or opposition to the request. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, to recommend endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8). Motion carried unanimously (5 to 0). 3) Tanglewood Estates, part of Lot 2 and adjacent land to the north (3030 Tanglewood Drive), Donald C. & Barbara A. Looney, A 93-25, LUP 93-34 Request - Annexation, Land Use Plan and Zoning Atlas amendment LUP: From Unclassified to Residential Estate ZONE: RS-2 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. No persons appeared in favor or opposition to the request. A motion was made by Mr. Merriam, and seconded by Mr. Mazur, to recommend endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential Estates, and Zoning Atlas Amendment to Single-Family Residential "Two" (RS-2). Motion carried unanimously ( 5 to 0). E. CHAIRMAN'S ITEMS Mr. Carassas discussed with the Board their Christmas luncheon, and that Mr. Schwob and Mr. Hamilton should be invited. Mr. Carassas will check on locations and arrangements for the luncheon. The Board discussed time limitations for applicants and representatives to present their cases, and trial periods. F. DIRECTOR'S ITEMS Mr. Shuford presented the proposed meeting dates for 1994, and the Board accepted the schedule as proposed. Mr. Shuford advised the Board that there will be several Land Development Code amendments being brought to them in December. G. BOARD AND STAFF COMMENTS Mr. Merriam asked if there is an attendance requirement policy for the Boards. Mr. Shuford stated he will provide the information to the Board. The meeting was adjourned at 5:45 p.m. ________________________________________________________ Scott Shuford, Director of Central Permitting