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11/18/1986 ; ..,~ ",,' { !, I' I..:.' ,',:\ ' ,', (", .. ./ . " , 7' D': " , , , .' ,',. , 'j' , " " ,~ ., '; .< '.,. . 0", " MINUTES PLANNING & ZONING BOARD City of Clearwater, Florida November 18, 1986 - 1:30 PM Members present: Chairman Johnson, Mesdames Nash and Nixon, Messrs. Ferrell, Green and Hogan Also present: M. A. Galbraith, City Attorney Members absent: Mr. Schwob (A) On motion by Ms. Nixon, seconded by Mr. Hogan, minutes of November 4, 1986 meeting were approved as written. Motion carried unanimously (6 to 0). Chairman Johnson 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 Cler]{'s office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. (B) 1 . Tract E-1, M&B 33.02, Sec. 28-28-16 Northwood Plaza (2510 McMullen-Booth Road) Rutenberg Associates (Northwood Mousetrap)! Christine Perna CU 86-87 (CONTINUED FROM MEETING OF NOVEMBER 4, 1986) . Request - 2-COP (Sale of Alcoholic Beverages: 1. On Premise Consumption and 2. Package Sales) Zoned - CC (Commercial Center) Ms. Christine Perna, applicant, appeared requesting approval of this conditional use application. Ms. Perna stated she has been in business in Northwood Plaza for three years and recently moved from one storeroom to another in the Plaza in order to have the square footage necessary to comply with the requirements for a 2-COP license. . Ms. Harvey stated this request is for on premise consumption and package sales of alcoholic beverages in Commercial Center zoning district. She further stated that the Traffic Engineer had no objections, and the Police Department saw no reason to deny license to applicant. Ms. Harvey advised the Board the governing sections of the Land Development Code are Sections 136.025(b) and (c) (1) and (2). She further advised that staff recommended approval of the above request with the condition that the use permit be procured within six months of the approval of the conditional use. , . ,':, t. -' . - ,..........-...... Minutes of the Planning & Zoning Board - November 18, 1986 Page -2- ^ 'iiI No persons appeared in support of or in opposition to the above request. After questioning by Mr. Hogan, Ms. Perna stated she intends package sales to be for gift baskets only and has no intention of selling wine or beer for off premises consumption other than for gift baskets. She further stated a great many customers request wine or beer in gift baskets. She further answered Mr. Hogan that she had no license previously because of lack of sufficient square footage. After questioning by Ms. Nixon if off premises sales could be restricted to gift baskets, Ms. Harvey advised the applicant stated on the application that off premises sales were for gift baskets. Mr. Johnson stated that he feels the applicant has made it very clear she wants off premises sales only for use in gift baskets. Mr. Green stated he doesn't feel off premises sales will be abused and this is an appropriate request. ...., ., Motion was made by Mr. the above request with unanimously (6 to 0). Ferrell, seconded by Ms. Nixon, to approve staff recommendations. Motion carried 2. Lot 39 Willow Ridge Replat Sub. (1918 Barrington Drive West) Ruth & Douglas Culpon CO 86-88 Request - Level I Group Care Home Zoned RS-8 (Single-Family Residential "Eight") Due to no appearance by the applicant and!or representative, motion was made by Mr. Hogan, seconded by Mr. Green, to continue the above conditional use request to the next Planning and Zoning Board Meeting scheduled for December 2, 1986. Motion carried unanimously (6 to 0). 3. Part Lot 2, Blk. 1 R. H. Woodley Sub. (831 Hercules Avenue) Professional Plaza of Clearwater Association! Robert W. Angle CU 86-89 Request Zoned Trade School OL (Limited Office) . Mr. Robert Angle, applicant, appeared requesting approval of this conditional use application. Mr. Angle stated that in July, 1986, the Professional Plaza of Clearwater Association entered .. " . . . ~ II'~:~. "",~." ~ T. , : ~ ,......,. I ", \,~ '.' ~ \' >> , ':""'" . ;':," "",','"'' ,,'........ '['t.."., .:. '~.<.. .,.' ,;',,:,' I '1",' "J_; :. '- < , ,',~, .' ,,:; . I" . ,'" ',' " ' '",00" ,l.., . , " , .' l I, . :1 '.," ,..' ': " '.' . '. " 'I ,: " Minutes of the Planning & Zoning Board - November 18, 1986 Page -3- ."'''' .~,' .~ '.... into a lease with United Travel Schools not knowing the zoning was not compatible with the intended use. Mr. Bob Perkins also appeared on behalf of United Travel Schools. He stated the trade school is to train travel agents and airline reservationists. ~e further stated the basic format of the school is computer related and is a classroom-type atmosphere. No persons appeared in support of or in opposition to the above request. Ms. Harvey stated this request is for a trade schoOl in a Limited Office zoning district. She also stated that previously this Board recommended and the City Commission approved the amendment to the Land Development Code to allow this use to be considered. She further stated that the Traffic Engineer had no objection if adequate parking is available. Ms. Harvey indicated that, since the Traffic Engineer's comments were submitted, it has been determined that there is sufficient parking available. Ms. Harvey advised the Board the governing sections of the Land Development Code are Sections 136.025(b) and (c)(9.1). She further advised that staff felt this is an appropriate use and staff recommended approval of the above request with the condition that the use permit be procured within six months of the approval of the conditional use. . Motion was made by Ms. Nixon, seconded by Ms. Nash, to approve the above request with staff recommendations. Motion carried unanimously (6 to 0). 4. Block 21 Mandalay Sub. (880 Mandalay Avenue) Bank of Clearwater/William J. Flynn, III, Alice Cushman (Anchor Room Restaurant) CU 96-90 Request 2-COP (On premise Consumption of Alcoholic Beverages) RM-28 (Multiple-Family Residential "Twenty-eight") Zoned Ms. Alice Cushman, representative of applicant, appeared requesting approval of this conditional use application. Ms. Cushman stated the restaurant is located in the apartment complex and the appli- cant is requesting approval of a change in ownership. One notice was received from Eva Jean Hardin, 865 Mandalay Avenue, who objected to the subject use. . Ms. Harvey stated this request is for consumption on premises of alcoholic beverages in a Multiple-Family Residential "Twenty- eight" zoning district. She further stated that there is no provision in the Land Development Code that allows, as a conditional use, on premises consumption of alcoholic beverages in the RM-28 zoning -', ...'..,., ~, ;', "",':,",,:,;:,,:';, ';";~~~~~3.~;;~~?~t:i>;:': };.-, -. . :'i7?'i~:;(:,': ,.}~:;:~:,:" :i>..:r~.,!.~i,r.::,>::':;: .~' _;, . .. 'f ,::~'~., ~' . '.~:; '. \ .,' ... . ':' 1;-1' ;; 1111,' ".,... " ',," ',' . ," '" /!, ~i '."-:. :':. ,'> I.: , , ':. - '..' ',,, , ;, ~ I' ,; I' I ,.~,,.;~ .: i, . '" . , -'---_.'"..~- -------- Minutes of the Planning & Zoning Board - November 18, 1986 Page -4- e~~\( .....;, ". district; however, this use is currently in place and this application is for a change in ownership. She further stated the use will not change. Ms. Harvey also stated the Traffic Engineer had no objections and the Police Department saw no reason to deny the license to applicant. Ms. Harvey advised the Board the governing sections of the Land Development Code are Sections 136.025(b) and (c)(l). She further advised that staff recommended approval of the above request with the condition that the use permit be procured within six months of the approval of the conditional use. Motion was made by Mr. Hogan, seconded by Ms. the above request with staff recommendations. unanimously (6 to 0). Nash, to approve Motion carried 5. Lot 1 Darryl's Sub. (2422 U. S. Hwy. 19) Cosmopolitan Group, Inc./ General Mills Restaurant/K. L. McDowell CU 86-91 ~ ~ Request 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - CH (Highway Commercial) Mr. Kenneth L. McDowell, representative of General Mills and Cosmopolitan Group, appeared requesting approval of this conditional use application. Mr. McDowell stated an agreement has been entered into to purchase what was formerly Darryl's Restaurant. He further stated the applicant is in process of filing papers to transfer the liquor license and would like to continue use of the liquor license at the present location. After questioning by Ms. Nixon, Mr. McDowell stated that, for marketing purposes only, he would prefer not to give the name of the new restaurant, but "Darryl's" would not be used. No persons appeared in support of or in opposition to the above request. . Ms. Harvey stated this request is for on premise consumption of alcoholic beverages in a Highway Commercial zoning district. She further stated this property was formerly Darryl's, which operated with a 4-COP-SRX license. Ms. Harvey also stated the Traffic Engineer had no objections and the Police Department saw no reason to deny the license to applicant. Ms. Harvey advised the Board the governing sections of the Land Development Code are Sections 136.025(b) and (c) (1). She further advised that staff recommended approval of the above request with the condition that the use permit be procured within six months of the approval of the conditional use. t" .,f:'.. '" " ; '..'.. ~ . ':, ','1,:', j. I " _: ... - .~..._.__. -. ,... ..,-'. . .,',."1:, ,:,. ,..,"...,..,,- . ., '.~. :' t. ,. ," ','., , l' ,.'1::.::. " ",.', ';',' \"., " i' ,': ' ,.~'" . , , . " ,d.. "1" , ,~ , I '.,..f, ,,~ , .: ,". . " . '. I': ' " J " , ').- . .,',' .. . .( Minutes of the Planning & Zoning Board - November 18, 1986 Page -5- G'., ',., Motion was made by Mr. the above request with unanimously (6 to 0). Ferrell, seconded by Mr. Hogan, to approve staff recommendations. Motion carried 6 . Tract E-1, M&B 33.02, North'vood Plaza (2550 McMullen-Booth Rutenberg Associates Elliot Segal CD 86-92 Sec. 28-28-16 Road) (Frog Pond of Clear~ater)1 Request - 2-COP (Sales of Alcoholic Beverages: 1. On Premise Consumption and 2. Package Sales) Zoned - CC (Commercial Center) . Mr. Elliot Segal, applicant, appeared requesting approval of this conditional use application. Mr. Segal stated he requests to sell beer and wine on premises and package sales are for outside catering. He further stated he does not intend to have a package store type of operation. He also stated he basically has a breakfast and lunch trade and closes at 3:00 PM. After questioning by Ms. Nixon, Mr. Segal stated his location is on McMullen-Booth and the location of the other restaurant, which hearing was heard earlier this date, is on Enterprise Road. After questioning by Mr. Johnson, Mr. Segal stated he will not be selling liquor, but only beer and ~ine as allowed by his 2-COP license. No persons appeared in support of or in opposition to the above request. Ms. Harvey stated this request is for on premise consumption and package sales of alcoholic beverages in a Commercial Center zoning district. She further stated the Traffic Engineer had no objection and the Police Department saw no reason to deny the license to applicant. Ms. Harvey advised the Board the governing sections of the Land Development Code are Sections 136.025(b) and (c)(l). She further advised it was stated on the application that the operation is for a restaurant and package sales are intended for catering. Ms. Harvey also advised staff recommended approval of the above request with the condition that the use permit be procured within six months of the approval of the conditional use. Motion was made by Ms. Nixon, seconded by Mr. Ferrell, to approve the above request with staff recommendations. Motion carried unanimously (6 to 0). . '.~. . - " ,.. ....)...,. . . ~ . , . ~ ." . .' . 't " , ..' .,::~> f"" '" .... .~ . ' , " ..t.l c . ,..It. , '.. J" ...r....-... ...,.~,. . ,I: .'''; " ': ';.,'. "':"{. ',"". " " " ,. " . " ' .' " ' . " , -I, ,I ., " ~, " " ,,t.\ ,: , , ' .~ ...... ~ '" -.. Minutes of the Planning & Zoning Board - November 18, 1986 Page -6- . 7. Lots 1 to 10 inclusive, Blk. C Bayside Shores Sub. (735 South Bayway Boulevard) Donna Kebort (Dock of the Bay)/ William G. Pontrello CU 86-94 Request 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) CB (Beach Commercial) Zoned . Attorney William G. Pontrello, representative of applicant, appeared requesting approval of this conditional use application. Mr. Pontrello stated this application is for a 4-COP-SRX license. He further stated a contract has been signed and the applicant is ready to close, contingent upon approval by the Planning and Zoning Board. He also stated the applicant is changing the current operation to a restaurant. Mr. Pontrello advised he has been in contact with some neighbors and the neighbors are in full support of a restaurant at this location. After questioning by Mr. Johnson, Mr. Adriano Battaglini stated he was the proposed owner and will operate the business. Mr. Battaglini stated he will offer Italian food and seafood in his restaurant. He also stated he intends to change clientele and turn operation into a restaurant. After questioning by Mr. Johnson, Mr. Battaglini stated he does not intend to change the name of the business from Dock of the Bay because of its familiarity. After questioning by Mr. Hogan, Mr. Battaglini stated this is a new corporation and former owners will not be a part of it. A discussion followed between Mr. Galbraith and Mr. Pontrello concerning corporations and fictitious names. Mr. Galbraith advised Mr. Pontrello that it was his understanding Dock of the Bay had been filed as a fictitious name with Pinellas County. Mr. Pontrello stated there was a fictitious name previously and now the applicant is starting a corporation. Mr. Green stated he felt the name is a marketing problem for the owner. Mr. Galbraith advised applicant that the image of Dock of the Bay is a concern to the Board and questioned applicant if image will be changed. Applicant advised he does intend to change the image of the operation. After questioning by Ms. Nash, applicant stated that everyone knows Dock of the Bay and feels keeping the name will not harm the business. After questioning by Ms. Nixon, applicant stated he intends to operate an up-scale type restaurant, with a full Italian menu of items ranging in price from $2.95 to $12.00. . After questioning by Mr. Johnson, applicant stated he hopes to open under his management as soon as he is permitted but is managing the operation now for the current owner. ',... , '"" '. ,,~,' ,:, ~,L J::?:::::{!-F',; ", " ..::. : .~ ".. , ., ., ~ . " \., '-~_.. ~. , ~. ','" " --;'''. 't,:"":. "i""\ ':. ......11 ::' '", { .. ,......,', " \' " . \,1,' '.'.' " , ,,! 1 '.'.'. " r"", '" ' ': ..~, ' , . , , . ' '. ~ ' " "'.' : 1 '.~WlI",.~~IfQW......~_.,f' Minutes of the Planning & Zoning Board - November 18, Page -7- 1986 ~'/":'. ,..,.,tti" .!..~~"..' ' Ms. Harvey stated this request is for on premise consumption of alcoholic beverages in a Beach Commercial zoning district. She further stated the State license applied for is a 4-COP- SRX, which is the current license on the property and the license is proposed to be purchased by Mr. Battaglini. She also stated the applicant is requesting the ability to sell alcoholic beverages on premises in the new restaurant. Ms. Harvey advised the Traffic Engineer had no objection, and the Police Department saw no reason to deny the license to applicant. Ms. Harvey also advised that staff recommended approval of the above request with the condition that the use permit be procured within six months of the approval of the conditional use. In opposition to the above request, the following persons appeared to give their comments: Dr. Theresa Onejniczak, 800 South Gulfview Boulevard, commented that the noise, liquor sales and late hours of operation are destroying residents' lives and requests the Board deny the application. . ~ Mr. Paul Scholz, 800 South Gulfview Boulevard, voiced his objections for the same reasons as Dr. Onejniczak and further feels there is no end to the problems. After questioning by Mr. Green, Mr. Scholz stated it has been quieter at subject property in the last few weeks since applicant has begun managing operation and he is not in opposition to a restaurant. After questioning br Ms. Nixon, Mr. Scholz restated he would not object to a full service restaurant, but suggested an earlier closing time. In rebuttal, Mr. Pontrello stated the applicant is trying to make friends in the area and operation will be a full service restaurant. After questioning by Ms. Nixon, Mr. Pontrello stated the bar and restaurant will be separated by a lattice-type partition. After questioning by Ms. Nixon, applicant stated he p~ans to be open until 2:00 AM but would consider closing earlier if necessary. He advised that he has a lot of requests for take-out food until 1:30 AM. Mr. Hogan questioned if it would be possible to close the bar side of the operation at midnight and only serve drinkS on the restaurant side of the operation. Mr. Green felt it would be very hard to control. Mr. Green stated he feels there will be a sincere attempt by the owner to control the noise. . Ms. Nash and Mr. Hogan expressed concern about the name and feel the same crowd will follow the same pattern as before. t.-;'.. , " . ~ t , ,..." ~'.' : i::..:",~,::<' .,!. ~ " , ',. ~ .': '~,}[:~. ,i'~':,,\ j~~;.:~,) ,':., . \~'::,{:)/:,; .;. ~'. . . ',.' . ..' , ., j . '~ , ~. 8i : l ~. 71 '. '. ,i ,.r, ,. .'\ , .' ...:./....:::.:", ',;'" ~'~"t : "'. ~'.~ .. , .,.'.....' " :,'. . . ' , 'I" : ;':~L'.' .! " :.\ ~. " .~ "t' i . j' ...... Minutes of the Planning & Zoning Board - November 18, 1986 Page -8- . Mr. Green stated he would prefer no restrictions on applicant's closing time but suggested an earlier closing time may make a drinlcing crowd less likely to frequent and still not cause applicant to lose too many restaurant and hotel patrons. Mr. Johnson felt if it is difficult to comply with the 51% food requirement, it would be the owners problem. Mr. Green felt a 1:00 AM closing time might be more appropriate and questioned Mr. Galbraith if the Board was permitted to limit hours of operation. Mr. Galbraith stated a conditional use application may be granted with a "reasonable condition'l and feels an early Closing restriction on operation would be proper. After questioning by Mr. Hogan, applicant stated he intends entertainment in the form of a "light bandll on Friday, Saturday and Sunday. After questioning by Ms. Nash and Mr. Hogan, applicant stated he has been in the restaurant business in New York for 12 years, but has not been in the restaurant business since he has been in Florida for about one year. Applicant further answered Ms. Nash stating the crowd has been different in the last few weeks and he keeps the music lower, but without actual ownership he has no control when current owner is present. A W Mr. Green feels the proximity to residential area is a reasonable condition for an earlier closing restriction. Motion was made by Ms. Nixon, seconded by Mr. Hogan, to approve the above request with the following conditions: 1) That the use permit be procured within six months of the approval of the conditional use; and, 2) That the closing time be set at 12 midnight. Motion carried unanimously (6 to 0). (C) Chairman's Items Mr. Johnson stated he remembers trade schools being approved as a conditional use but questioned that the revision was not in the Land Deve~opment Code. Ms. Harvey stated the revision has not yet been printed. Mr. Johnson also suggested a Christmas dinner for the Board and invited the City Attorney. Ms. Harvey advised that usually the City Manager, City Attorney and City Commissioners were invited and advised the Planning Department will make preparations for dinner to possibly be held December 16. . ,.... - .} :',' ,'j . "" .'~" :.,.1 \.. ~/ ":ol;~':,;'::~:t~:..,:~~~:. -,;.' "I" "I" . ,:'/ ".~;:"I,":. ..... ,,' ',.' ( ..i' ' ~ . " . ,I..:;","': . " ,:: , 1'1 "':'/"" v- Minutes of the Planning & Zoning Board Page -9- November 18, 1986 (D) Director's Items Ms. Harvey advised that the meeting today to appointment with the year speak Board the City Manager to the Board, possibly after 'vas unable to but he will make the first of attend an the ne'W (E) Board & Staff Comments After questioning by Ms. Kwik appeal is scheduled 21, 1986. Nixon, Mr. Galbraith to be heard by a advised the hearing office Pick on November recently Procedure. USF to film for and viewed film is available the Planning Board. Mr. Galbraith and advised Parliamentary learned will make a meeting film instructs how to properly proper 'Wording of motions. Ms. Harvey Ms. Nixon to obtain the film from Meeting adjourned at 2:45 PM. Paula Harvey Planning Director ',>, . ~ , ; ," 1 ~ ' " .~.-. ~,' . .:,....., ~..': 'l,; . ,.'" . I, ~. .:. . , 'j'i " , "". ;!,~ " " ( ;,":.,...:'..,. ; .;):rii/',<, -~ . AGENDA PLANNING & ZONING November 18, 1986 BOARD 1:30 PM ITEM (A) Approval of minutes of November 4, 1986 CONDITIONAL USES: ACTION ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below: The Chairman reads from the Public Hearing Notice each item as it is presented. The Planning Director advises the Board of any pertinent background information. The applicant or is representative presents his case. Persons who support the application speak. The Planning Director presents any supporting written documents. Persons who oppose The Planning Director documents. Persons supporting the application (other than applicant) may speak in rebuttal. Persons opposing may speak in rebuttal. The applicant has an opportunity for final rebuttal. The Board makes a decision. 1. 2. 3. 4. 5. 6. 7. the application presents any speak. opposing 8. . 9. 10. 11. STATUTE 286.0105 STATES: MUST HAVE A RECORD APPEALING A PROCEEDINGS TO FLORIDA OF THIS BOARD SUCH APPEAL. ANY PERSON OF THE ( B) Conditional Uses: 1. Tract E-l, M&B 33.02 Sec. 28-28-16 North'vood Plaza (2510 McMullen-Booth Road) Rutenberg Associates (Northwood Mousetrap)/ Christine Perna CD 86-87 (CONTINUED FROM MEETING OF NOVEMBER 4, 1986) Request (Sale of 1. On Premise 2. Package Sales) (Commercial Center) 'vritten DECISION SUPPORT 2-COP Alcoholic Beverages: Consumption and . Zoned CC .1'.:' .<t~y:;~';~~~;;~i;1;~~1~::\;~:::::. '~-: ;;:':',~. , " ..,', "';,-"", ! '"". .',Ir,..., . Agenda of the Page -2- Planning & Zoning Board 1986 November 18, . 2. Lot 39 Willow Ridge Replat (1918 Barrington Drive Ruth & Douglas CUlpon CD 86-88 Sub. West) Request Zoned Level RS-8 I Group Care Home (Single-Family Residential "Eight") 3. Part Lot 2, Blk. 1 R. H. Woodley Sub. (831 Hercules Aven~e) Professional Plaza of Clearwater Association/ Robert W. Angle CD 86-89 Request Zoned Trade School OL (Limited Office) 4. Bloclc 21 Mandalay Sub. (880 Mandalay Avenue) Bank of Clearwater/William J. Alice L. Cushman (Anchor Room CD 86-90 Flynn, III, Restaurant) . Request 2-COP (On Premise Consumption of Alcoholic Beverages) RM-28 (Multiple-Family Residential II T'tven ty-e ight II ) Zoned 5 . Lot 1 DarrYl's Sub. (2422 U. S. Hwy. 19) Cosmopolitan Group, Inc./ General Mills Restaurant/ K. L. McDowell CD 86-91 Request 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) CH (Highway Commercial) Zoned 6. Tract E-1, M&B 33.02 Northwood Plaza (2550 McMullen-Booth Rutenberg Associates Elliot Segal CD 86-92 Sec. 28-28-16 Road) (Frog Pond of Clearwater)/ Request 2-COP (Sales of 1 On Premise 2 Package Sales) CC (Commercial Center) Alcoholic Beverages: Consumption and . Zoned , ",'.'t'. ,': .~.~: <:::i$~)';.1.~>~}\:)~~~1~?~~jJ ?~!;:~~~~ '; , , .' ',~ : -' ....~ ,......t...'.::" :'~!~,',~,''''1,~.,-:\; f:.~':~'~" .' , <l 'I,: ~~'r':~~ . I'J.;, . '''/.:}'~,-:-~1 ": (!(,~~~" }~.I '-!"~'f,~>:){:~t:~ ,~~,~:,::,."\,~ ~ ::, :~', -;(1;tb" flY' " .... ',: ,,' . , ~~ . .r.