02/15/1994 MINUTES
PLANNING & ZONING BOARD MEETING
TUESDAY, FEBRUARY 15, 1994 - 2:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
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 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
Motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe to approve the minutes of February 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, wine and liquor (new license) at 1560-G McMullen Booth Rd, South Oaks Fashion Square, Lot 1, zoned
IPD (Industrial Planned Development). CU 94-06
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant, John Lashay, Cocoa Beach, FL., was present. He stated he has a dinner theatre in Boca Raton, and he will be running the same type of business here. Mr. Lashay stated that
he hires students or recent graduates from schools of music for the shows, and auditions 3,000 to 5,000 singers a year. There will be a 400 maximum seating area, and they will be serving
an ala carte dinner at the tables.
There were no persons present to speak in favor of or in opposition to this request.
Motion was made by Mr. Keyes, and seconded by Mr. Bickerstaffe, for approval of this reqest 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 Industries/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 Center) 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, 425 Manor 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 Mr. 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 hearing. Motion carried unanimously (5 to 0).
2. Ellis Co Ltd (HANS Service Center) to permit package sales of beer and wine at 2201 Gulf-to-Bay Blvd, Sec 18-29-16, M&B 32.04, zoned CG (General Commercial). CU 94-12
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Discussion regarding parking ensued and a condition was added to the staff recommendations.
Applicant, Hans Astrom, 787 San Salvador, Dunedin, was present. Discussion with the applicant in 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 10:00 p.m. on week days. Mr. Astrom stated he had a similar store in Largo for five years.
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 Seaway Corp) to permit non-commercial parking at 900 Osceola Ave. N., J.A. Gorra Sub, Blk 2, Lots 2 & 3 together with Sue Barco Sub, part of
Lot 1, Lots 13, 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). CU 94-13
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 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
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 associated with the parking facility by October 1, 1994; the construction
of the walls screening 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 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 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.; 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; 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; 18) A certified site plan shall be prepared and submitted for review
and finalization by the Development Review Committee by May 2, 1994; and 19) 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 PLANNING AGENCY REVIEW:
1. 3000 Gulf-to-Bay Blvd, William Brown's Bayview, part of Lots 1 & 2, and Lot 18 less 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. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Mr. Mazur left the meeting and did not participate in this vote.
Applicant not present.
There were no persons present to speak in favor or in opposition to this request.
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
Medium, and Zoning Atlas Amendment to Mobile Home Park (RMH). Motion carried unanimously (4 to 0).
2. 3001 Sunset Point Rd, Sec 4-29-16, M&B 23.03 (Christopher G. & Caroline K. Roetzer). A 93-30;
LUP 93-41
LUP: Residential Urban
ZONE: RS-6 (Single Family Residential)
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Applicant not present.
There were no persons present to speak in favor or in opposition to this request.
Motion was made by Mr. Keyes, and seconded by Mr. Merriam, to recommend endorsement to the City Commission of the proposed Annexation, Land Use Plan Amendment to Residential Urban, and
Zoning Atlas Amendment to Single-Family Residential "Six". Motion carried unanimously (4 to 0).
3. ORDINANCE NO. 5551-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVLEOPMENT CODE; AMENDING SECTION 40.367, CODE OF ORDINANCES, TO DELETE CERTAIN SETBACK AND BUILDING
SEPARATION REQUIREMENTS IN THE BEACH COMMERCIAL ZONING DISTRICT; PROVIDING AN EFFECTIVE DATE.
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation.
Discussion between the board members and Mr. Shuford ensued regarding lot size on the beach and about rebuilding.
There were no persons present to speak in favor or in opposition to this item.
Motion was made by Mr. Bickerstaffe, and seconded by Mr. Keyes, to recommend adoption of this ordinance. Motion carried unanimously (4 to 0).
E. CHAIRMAN'S ITEMS
The board members wanted to address two points: the reconsideration area and voting with the majority. Since all the board members were not present, it was decided to continue discussion
on the Rules & Regulations to the next meeting.
Fees and modifications were briefly discussed. Under "e", Mr. Keyes suggested it be worded differently. Mr. Shuford stated that he would have revisions as he understood them, back
at the next meeting for them to consider.
F. DIRECTOR'S ITEMS
Mr. Shuford stated that the City Commission has requested Annual Reports by all city boards. He stated that the annual report for the Development Code Adjustment Board was sent to them
to review.
G. BOARD AND STAFF COMMENTS
Short discussion on the alcoholic beverage separation distance of 500 ft. ensued.
Adjourn: 4:10 p.m.
__________________________________________
Scott Shuford, Central Permitting Director