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05/17/1994 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, MAY 17, 1994 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Carassas, Messrs. Keyes, Mazur, Merriam, Ms. Nixon Members Excused: Martin, Bickerstaffe 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 - None. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None. C. CONDITIONAL USES: 1. TRIAL PERIOD REVIEW - Russell Dilley, Jr., TRE & Barbara J. Dilley, TRE, Dilley Family Trust/Club Personality, Inc. (Personality's), 20866 US Hwy 19 N., Sec. 18-29-16, M&B 14.11, CU 93-57 Request - To permit on-premise consumption of beer and wine (new license) Zoned - CH (Highway Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Gregg Rose, 20866 US 19 N, was present. Joshua Foster, 20866 US 19 N, who is the manager, was also present. Mr. Foster stated they would like to be considered NOT adult, which was the reason for the letter by Mr. Rose. He stated they have had no problems with the business, except that there were two break-ins, which occurred after hours. Mr. Foster stated that when the adult use ordinance became in effect, they notified their dancers regarding their garments. Discussion regarding the following ensued: adult use ordinance, zoning districts that allow adult uses, and the separation of the patrons to the dancers. There were no persons present to speak in favor of this request. The following persons were present to speak in opposition to this request: Rev. Father Jim Karajas, Associate Pastor of Holy Trinity Church, 2405 Hawk Ave, Palm Harbor, was present. The Reverand's objections were having these places near church boundaries. He talked briefly about morality and the effects on our children. Manual Kastrenakes, 1780 McCulley Road, was present. His concerns are the same as the Father's. He stated that a few months ago a man was found in the back lot with a bullet hole in his leg; he doesn't know if this man came from this establishment or not, but it is a concern. He doesn't want the children of their church given a wrong message to having an establishment like this so close to a church. Property owner, Russell Dilley, Jr., 2870 Phillippe Parkway, Safety Harbor, requested to speak in support of the establishment then. Mr. Dilley stated that the man who was injured, he knows nothing about, and he stated that the church is not adjoining this property and there is a hotel in between them so they shouldn't even be able to see the building. Rebuttal by Mr. Foster: He stated that there is no bad influence to children, since this is inside a building, not outdoors for all to see. He stated that there is a two story building separating them from the church, and that they are not touching the property of the church. Discussion regarding the house rules being given to the board members at the six month review, and a more concise and thorough police report is requested also at the next meeting. Motion was made by Mr. Keyes, and seconded by Mr. Merriam, for the approval of this request with the following conditions: 1) All permits and licenses issued by the City and other agencies shall be subject to initial and continuing compliance with all applicable requirements; 2) No adult use shall be permitted; 3) There shall be no advertisement of the subject establishment on the on-site billboard; 4) There shall be no outdoor entertainment, seating or speakers; 5) Approval shall be for a six (6) month trial period from May 17, 1994, after which the use shall be reviewed for compliance with law enforcement regulations; 6) Approval shall be for consumption on premises only with no package sales; and 7) A list of house rules signed by the manager and business owner(s) shall be provided to City staff as an addendum to the conditional use application. Motion carried 4 to 1, with Mr. Mazur voting nay. 2. TRIAL PERIOD REVIEW - Clearwater Bay Marine Ways (Adventure Seaway Corp.), 900 N. Osceola Ave., J.A. Gorra Sub, Blk 2, Lots 2 & 3, part of Lot 1, filled submerged land on west, submerged land and riparian rights together with Sue Barco Sub, Lots 13, 14, 23, part of Lot 22, vacated Nicholson St., filled submerged land on west, submerged land and riparian rights, CU 93-74 Request - To permit marina use; 600 passenger cruise ship, and on-premise consumption of beer, wine and liquor (new license). 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 passed around a copy of the original conditions and suggested a few changes. Applicant's representative, David Bacon, attorney, 2959 1st Avenue N., St. Petersburg, was present. He stated that the conditions are acceptable to them and they are trying to do as asked in order to get those accomplished. Howard Lavasseur, owner, 910 Bayshore Blvd., Safety Harbor, was present. He stated the walls have been stuccoed and painted on the Morgan's side, but the wall on the northeast property has not. Mr. Lavasseur asked if they received the letter of May 10th from him. He explained the costs of these walls being put up and they have been proceeding as quickly as they can. Mr. Shuford asked if they need longer than May 27th. Mr. Lavasseur indicated he would like to have four weeks after Mr. Queen's approval, which is an estimate. Espen Tanberg, 3924 Central Ave., St. Petersburg, was present. He was questioned regarding what the port charges are, and he explained those to the board members. There were no persons present to speak in favor of this request. The following person was present to speak in opposition to this request: Vicki Morgan, 301 Cedar Street, was present. She thanked them for the wall, stating that it helps in the privacy area, but not for the noise level. She wanted to know who to contact in the middle of the night, when there was a problem. Mr. Tanberg stated that the number is 664-3467. Bill Held, Harbormaster, 216 Crestwood Lane, Largo, was called upon for input and answer any questions from the board. He discussed the prop dredging issue that had been brought up at the last meeting. He inquired about the status of the dredging permit for the Marina. He stated that there have been no significant problems with getting the ship in and out at the Clearwater Pass bridge. Traffic concerns were discussed briefly, along with the port charges. Mr. Lavasseur stated that they have done spoil tests for the dredging and they have applied for the dredging permit. Mr. Tanberg stated that Empress Cruise Lines have never done any prop dredging and explained what happened the time they got stuck. Discussion with the board regarding the size of the ship, the draft and beam. Motion was made by Mr. Merriam, and seconded by Ms. Nixon, to approve this request subject to the following conditions: 1) The applicant shall maintain continued separation distance variance approval from the City Commission; 2) Approval shall be for consumption on premises of the ship only, and sale and distribution of alcoholic beverages shall not occur until after the ship totally exits the marina, and that all alcoholic beverage sales will cease on the ship's return at or prior to the Clearwater Pass Bridge; 3) The applicant shall complete all proposed site work associated with the parking facility by October 1, 1994; the construction of the walls screening the residential properties shall be completed by May 27, 1994, except the northeast wall adjacent to the Beau Queen and Sarah Stickler property shall be completed within 30 days of the date of final wall design approval by these property owners, but in no case shall all wall construction not be completed by August 15, 1994; 4) There shall be another trial period review in November, 1994 to determine if the cruise line has complied with conditions of approval; 5) Environmental Management shall be provided with all correspondence with regard to proposed maintenance dredging permitting review and approval; 6) The cruise ship shall be berthed by 12:30 A.M. 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; 7) All in-bound cruises shall discontinue all entertainment activities at or prior to arrival at the Clearwater Pass bridge; 8) 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; 9) There shall be no outdoor entertainment at 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.; 10) There shall be no outdoor ship or site cleaning operations between the hours of 8:00 P.M. and 7:00 A.M.; 11) Site lighting shall be directed downwards and away from all adjoining properties; 12) There shall be no storage of boats in the paved parking spaces or travel aisles; 13) 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; 14) The cruise ship shall be enclosed and all entertainment shall occur within the enclosed space of the cruise ship while in the marina; 15) 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; and 16) A parking management plan shall be submitted by July 1, 1994 for review and approval by City staff. Motion carried unanimously (5 to 0). 3. Dennis A. & Sandra L. Treise (Homeless Emergency Project, Inc.), 1200 N. Betty Lane, Fairburn Add., Blk. C, Lots 7-9, CU 94-36 Request - To permit a residential shelter; temporary building (use not specified) Zoned (proposed) - CI (Infill Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Barbara Green, Administrator of the Homeless Project, 1101 Fairburn Ave., was present. She stated the need for added space for office use, teaching computer classes, etc., and because of the great need for this in the community. The emergency shelter will be for 20 people and helping them get into transitional housing, because they are allowed 30 days at the shelter. Ms. Green stated that Chief Klein will address the temporary building use issue. The following persons were present to speak in favor of this request. Police Chief Klein, says they have been in cooperation with the Coalition for the Homeless for a long time and wanted to find long term solutions. Mr. Klein stated that this 20 bed facility is not near enough, but it is a temporary solution to this problem. Discussion regarding using young people in public service jobs and having their tuition reimbursed, which they are starting a venture with SPJC. Terry Hammond, 67 Crystal Drive, Palm Harbor, was present. He is the planning director of the Salvation Army. He is very glad about these plans coming about to help the community. Mr. Hammond stated that the Salvation Army has been helping in these matters for 100 years and briefly explained how they were involved with this project along with the police department. Carl Young, 2614 West Idlewilde, Tampa, Fl., property manager of Searstown Shopping Center, was present. He is in favor of helping the homeless and projects like this. There were no persons present to speak in opposition to this request. Brenda Nixon asked why they are asking for Infill Commercial instead of Public/Semi-Public. Mr. Shuford briefly explained, but stated Public/Semi-Public zoning might be a good solution. Motion was made by Mr. Keyes, and seconded by Mr. Mazur, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained with six months from the date of this public hearing; 2) The approval for the temporary building use shall be for 120 days from the date the occupational license is obtained; 3) The applicant shall obtain the requisite building permit within six months from the date of this public hearing; 4) The facility shall be for the care of the homeless people only, with the maximum number of homeless residents being 20, unless further limited by board requirements; and 5) Perimeter landscaping/buffering shall be provided to the extent possible given site conditions. Motion carried unanimously (5 to 0). 4. Sears, Roebuck & Co., (Kash n Karry Food Stores, Inc.), 1297 So. Missouri Ave., Hanousek's Sub., part of Lots 11 & 12, CU 94-37 Request - To permit package sales only, two conditional uses: (1) package sales of beer and wine; (2) package sales of beer, wine and liquor. Zoned - CC (Commercial Center) The Board agreed to hear Item D-1 simultaneously with this request. Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Bruce Kaschyk, Tampa Bay Engineering, Inc., 18167 US 19 North, was present. Mr. Kaschyk discussed green space, parking spaces, and stormwater requirement. He stated they have no problems with the conditions recommended by staff, and thanked staff for working with them and for suggesting the CPD re-zoning. He showed pictures of different locations showing Kash N' Karry's commitment to making projects work. Signage was discussed and questions answered. Frank Chunn, 6422 Harney Road, Tampa, is a manager for Kash N' Karry stores, stated that because of advertising and using their own color scheme throughout their stores, they would be staying with that for this store also. He also stated that staff has been great to work with. Teresa Felicione, 1316 Young Ave., was present. She has a list of 20 signatures that are in support from residents on Young Avenue. The neighbors don't like the graffiti, the dark parking lot which used to be lit by Searstown. She stated there is great support for this store from the neighborhood. There were no persons present to speak in opposition to this request. Motion was made by Ms. Nixon, and seconded by Mr. Keyes, to approve this request subject to the following conditions: 1) The requisite occupational licenses shall be obtained within six months from the date a certificate of occupancy is issued for the building; 2) The applicant shall obtain the requisite building permit within one year from this public hearing; 3) The applicant shall obtain a certified site plan prior to the issuance of a building permit; 4) The sale of alcoholic beverages shall be limited to package sales only with no on premises consumption of alcoholic beverages; and 5) A unity of title declaration for the associated outparcels shall be recorded. Motion carried unanimously (5 to 0). Voting was done on the rezoning item (D-1) also at this time. Motion was made by Ms. Nixon, and seconded by Mr. Mazur to recommend endorsement to the City Commission. Motion carried unanimously (5 to 0). 5. B.J.E., Inc. (Pomodoro), 483 Mandalay Ave., Clearwater Beach Park 1st Add., Blk B, Lots 32-43 and ½ vacated alley together with Replat of Blk "A", Blk A, Lots 2-8 and ½ vacated alley, CU 94-38 Request - To permit on-premise consumption of beer, wine and liquor. Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Chairman Carassas will not be participating in this discussion or voting on this item, stating conflict of interest. Applicant, Franceso Locasto, 1132 Gulf Blvd., Belleair Beach, was present. He stated he is just asking to be able to serve liquor and doesn't foresee any problem serving liquor at the restaurant. Seating capacity is 160. There were no persons present to speak in favor or in opposition to this request. Parking issues were discussed and questions answered. Mr. Shuford in answer to a question by the board, stated that the parking spaces were established as a retail center and they are not exceeding the 50% rule. Motion was made by Mr. Mazur, and seconded by Mr. Keyes, to approve this request subject to the following conditions: 1) The applicants shall obtain the requisite occupational license within six months from the date of this public hearing; and 2) There shall be no outdoor speakers. Motion carried 4 to 0, with one abstention. D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: Request for Zoning Atlas Amendment 1. F.E. Hanousek's Sub, part of Lots 11 & 12, 1297 Missouri Ave., Z 94-05 ZONE: From CC (Commercial Center) to CPD (Commercial Planned Development) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. See item C-4 above for the discussion and voting. Consider application for the following Land Development Code Text amendments: 2. ORDINANCE NO. 5613-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 40.433, CODE OF ORDINANCES, TO ADD "ACCESSORY DWELLINGS" AS A PERMITTED USE IN THE INFILL COMMERCIAL DISTRICT; PROVIDING AN EFFECTIVE DATE. This is a correction to a previous ordinance, accessory dwellings were left off. Brief discussion ensued. Recommend endorsement to the City Commission of this ordinance (motion was made by Mr. Mazur, and seconded by Mr. Merriam). Motion carried unanimously (5 to 0). E. CHAIRMAN'S ITEMS Chairman Carassas was unclear on the adult use ordinance, and would like to have an attorney here in the future at meetings where there are items pertaining to this issue arise. Brief discussion regarding Club Personality item ensued and board members would like to have a more detailed police report when they return. F. DIRECTOR'S ITEMS Mr. Shuford wanted to let the board members know that the June meeting will be a long one. G. BOARD AND STAFF COMMENTS Adjourn: 4:35 p.m. ________________________________________________ Scott Shuford, Central Permitting Director