12/11/1990 (2)
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ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, DECEMBER 11. 1990 . 2:00 PM
r.......
PLEDGE OF ALLEGIANCE
INVOCATION
illM
A.
ACTION
APPROVAL OF MINUTES
1. November 13, 1990
2. November 27. 1990
Continued
Continued
CONDITIONAL USES. ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND
DEVEt.OPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
.' "" 13.
The Chairperson reads from the Public Hearing Notice each item as it is presented.
The staff report and pertinent background information are presented.. 5 minutes maximum.
" Staff presents any supporting written documents.
Staff presents any opposing written documents.
The applicant or his representative presents his case. . 5 mlnutos maxImum.
Persons who support the application speak - 3 minutes maximum for each Individual;
or spokesperson for group - 10 minutes maximum.
Persons who oppose the application speak - 3 mlnutos maximum for each Individual; or
spokesperson for group . 10 minutes maximum.
Persons supporting the application {other than applicant) may speak In rebuttal . 3 minutes
maximum.
Persons opposing may speak in rebuttal . 3 minutes maximum.
The applicant has an opportunity for final rebuttal - 5 minutes maximum.
Public Hearings are closed.
Discussion by the Board.
The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. REQUESTS FOR EXTENSION. DEFERRED
AND CONTINUED ITEMS:
"
1.
REQUEST FOR EXTENSION
Part of Lots 13 and 24 and all of lots
9-12 and lots 25-26. Blk. S. Hibiscus
Gardens (1266 Turner St) John W.
Woerner and E. Mayo Clark
CU 90-39
Approved a 90 day Ilxtenslon from tho date of
thIs public heerlng.
Request - level III Group Care {20-bed
facility)
Zoned - OL (limited Olficel
Hf:CEXVED
OEe 1 7 .L99O
eny CLERK
P & Z ACTION AGENDA
1 2/11/90
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2.
Part 01 Blk, 6, Wallace's Addn. to
Clearwater
1606 Turner Street)
Harold S. & Hazel M. Wallace
CU 90.aO
Request. To permit outdoor retail sales
display and/or storage of plants
Zoned - CG (General Commerciall
3.
Part of lot 9. Sec. 19-29'16, Pinel!as
Groves Sub. (1455 S. Belcher Rd.l
Metco Development Corp.
CU 90-84
Request . To permit use not specified in
code, smokehouse lmainly for fishl
Zoned, CG (General Commerciall
4.
Lots 72-79, Clearwater Beach Park
(454 Mandatay Ave.)
Michael N. Kamberos and Alexander and
Mary Dervech lBeach Bar & lounge}
CU 90-85
Request - To permit on premise
consumption and package sales of beer,
wine and liquor
ICHANGE OF OWNERSHIP)
Zoned - CB (Beach Commercial)
C. CONDITIONAL USES:
1.
M&a 44.03, Sec. 31-28.16
(2160 U.S. 19 NI
Bank of Boston lHard Times Cafel
CU 90.88
Request . To permit on premise
consumption of beer. wine and liquor
Zoned, CH (Highway Commerciall
2.
Part of Lots 12 & 13. City Park Sub.
{37 Causeway Blvd.' City of Clearwater
{Clearwater Beach Sealood and
Restaurant}
CU 90.89
Request. To permit on premise
consumption of beer, wine and liquor
Zoned. ca, (Beach Commercial)
P & Z ACTION AGENDA
Approved subject to the following conditions:
') Ingress. egress, and parking bo pro\lldad In
eccordence with the CltV's Land Development
Code;
21 All requIred permIt!! be obtained within six t61
months;
3) No temporary structures be utilized on the
property, other than those o)ll5tlng on tho
property and temporary screening to be located
in the northwest corner of the property with a
'00 ft. buffer os proposed by the tlppllcant;
41 All landscaping requirements of the Land
Dovelopment Code be compllod with: tn addition
to these requirements (as applicable), tho
perimeter landscapIng requirements of Sec.
137.023 shall be provldod withIn 6 months.
{o
Donlod
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Continued to January 8, 1990:::
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Continued to January 8, 199'0'
Approvod with tho following condltlon:Tho
applicant shall restrict the sales of alcoholfc
bOVDrDges to consumption on promises of beer,
wino and liquor with no package sales
permitted.
2
, 2111/90
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3.
lots B.10 and part of vacated alley to the
north. Blk. B. Bay View City Sub.
(3006 Gulf to BaV Blvd.l Thanh Phuoc
Nguyen and Kimtruc Thi Nguyen
(Baby Dollsl
CU 90.90
~
Request. To permit on premise
consumption of beer and wine
Zoned. CG (General Commerciall
4.
lot 1 and part of Lot 2, Greenwood
Manor 11102 N. Greenwood Ave.1
Willard Jones IlaCoca Restaurant and
lounge)
CU 90.91
Request - To permit on premise
consumption of beer, wine and liquor
Zoned . CNG (North Greenwood
Commercial)
5.
M&B 33.05, Sec. 20.29.16
(18409 US 19 N)
Barnett Bank of Pasco County
(Calypso Bay Cafel
CU 90-92
Request . To permit on premise
consumption of beer, wine and'liquor
Zoned. CC (Commercial Center\
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D.
ANNEXATION, ZONING, lAND USE PLAN
AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING
AGENCY REVIEW.
1.
Code of Ordinar,ces Text Amendment:
An ordinance of the City of Clearwater,
relating to Code Enforcement; amending
Sections 1.0B, 95.06. 95.07, 95.13,
95.21. 95.24, and 137.034, Code of
Ordinances, and creating Section 71.36
and 95.15, Code 01 Ordinances. relating
to enforcement and penalties; providing
for imprisonment for a term not exceeding
60 days, or both a fine and imprisonment,
as a possible penalty for the violation of
Chapters 72 and 96, Code of Ordinances,
relating to alcoholic beverages and noise,
respectively; providing for the
appointment of Code Enforcement
Officers; providing for thc enforcement of
City Code and Ordinance provisions by
the Municipal Code Enforcement Board or
by the County Court; providing that
certain ....iolations are Class I, Class II, 01
Class III violations. and prescribing the
civil penalties thcrcfor; providing an
effective dale. .
P & Z ACTION AGENDA
I
Continued to January 8, 1990.
Denlod
Approvod with tho following condition: The
occupational Ilcenso shalt be obtalnod within six
161 months of tho dato of thfs publtc hoarlng.
Approved
3
12/11/90
ITEM
A. APPROVAL OF MINUTES
1. November 1 3, 1990
2. November 27, 1990
ACTION
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, DECEMBER 11, 1990 - 2:00 PM
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PLEDGE OF ALLEGIANCE
INVOCATION
CONDITIONAL USES, ANNEXATION, ZONING, LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TEX,. AMENDMENTS, AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
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t
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1. ,he Chairperson reads from the Public Hearing Notice each item as it is presented.
2. The staff report and pertinent background information are presented. - 5 minutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. - 5 minutes maximum.
6. Persons who support the application speak - 3 minutes maximum for each individual;
or spokesperson for group - 10 minutes maximum.
7. Persons who oppose the application speak - 3 minutes maximum for each individual; or
spokesperson for group - 1 0 minutes maximum.
8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebuttal - 3 minut~1 maximum.
10. The applicant has an opportunity for final rebuttal - 5 minutes maximum.
11. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STAlES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. REQUESTS FOR EXTENSION. DEFERRED
AND CONTINUED ITEMS:
1. REQUEST FOR EXTENSION
Part of Lots 13 and 24 and ail of Lots
9-12 and Lots 25-26, Blk. S, Hibiscus
Gardens (1266 Turner St) John W.
Woerner and E. Mayo Clark
CU 90-39
Request - Level III G roup Care (20.bed
facility)
Zoned - OL (Limited Office)
2.
Part of Blk. 6. Wallace's Addn. to
Clearwater
(606 Turner Street)
Harold S. & Hazel M. Wallace
CU 90-80
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Request - To permit outdoor retail sales
display and/or storage of plants
Zoned - CG (General Commercial)
P & Z AGENDA
1
12/11/90
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2.
Pa rt of Lots 12 & 13, City Park Sub.
(37 Causeway Blvd.) City of Clearwater
(Clearwater Beach Seafood and
Re staurant)
CU 90-89
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3.
Part of Lot 9, Sec. 19-29-16, Pinellas
Groves Sub. (1455 S. Belcher Rd.l
MEteo Development Corp.
CU 90-84
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Request - To permit use not specified in
c()de, smokehouse (mainly for fish)
Zoned - CG (General Commercial)
4.
L()ts 72-79, Clearwater Beach Park
(454. Mandalay Ave.)
Michael N. Kamberos and Alexander and
Mary Dervech (Beach Bar & Lounge)
CU 90-85
Request - To permit on premise
consumption and package sales of beer,
wine and liquor
(CI-iANGE OF OWNERSHIP)
Z()ned - CB (Beach Commercial)
C. CONDITI()NAl USES:
1. M~B44.03,Sec. 31-28-16
(2160 U.S. 19 Nl
Bank of Boston (Hard Times Cafe)
CU 90-88
Request - To permit on premise
co nsumption of beer, wine and liquor
Zoned - CH (Highway Commercial)
Request - To permit on premise
consumption of beer, wine and liquor
Zoned - CB (Beach Commercial)
3. Lots 8-10 and part of vacated a lIey to the
no rth, 81k. 8, Bay View City Sub.
(3006 Gulf to Bay Blvd.l Thanh Phuoc
Nguyen and Kimtruc Thi Nguyen
(Baby Dolls)
CU 90-90
Request - To permit on premise
consumption of beer and wine
Zo ned - CG (General Commercial)
4.
Lot 1 and part of Lot 2, Greenwood
Manor (1102 N. Greenwood Ave.)
Wi liard Jones (LaCoca Restaurant and
Lounge)
CLJ 90-91
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Request - To permit on premise
consumption of beer, wine and liquor
ZOl1ed - CNG (North Greenwood
Co rnrnercial)
P & Z AGENDA
2
12/11/90
1.
Code of Ordinances Text Amendment:
5.
M&B 33.05, Sec. 20-29-16
(18409 US 1 9 N)
Barnett Bank of Pasco County
(Calypso Bay Cafe)
CU 90-92
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Request - To permit on premise
consumption of beer, wine and liquor
Zoned - CC (Commercial Center)
D. ANNEXATION, ZONING, LAND USE PLAN
AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING
AGENCY REVIEW.
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An ordinance of the City of Clearwater,
relating to Code Enforcement; amending
Sections 1.08, 95.06, 95.07, 95.13,
95.21, 95.24, and 137.034, Code of
Ordinances. and creating Section 71.36
and 95.15, Code of Ordinances, relating
to enforcement and penalties; providing
for imprisonment for a term not exceeding
60 days, or both a fine and imprisonment,
as a possible penalty for the violation of
Chapters 72 and 96, Code of Ordinances,
relating to alcoholic beverages and noise,
respectively; providing for the
appointment of Code Enforcement
officers; providing for the enforcement of
City Code and Ordinance provisions by
the Municipal Code Enforcement Board or
by the County Court; providing that
certain violations are Class I, Class II, or
Class III violations, and prescribing the
civil penalties therefor; providing an
effective date.
E. Chairman's Items
F. Director's Items
G. Board and Staff Comments
P & Z AGENDA
3
12/11/90
l\t INln'ES
PLANNING & ZONING BOARD
TUESDAY. DECEMBER 11, 1990
M embers Present:
Chairman Johnson. Ms. Nixon, Messrs. tv1lLzur, Schwob, and Hamilton
Men +:.: r~ Exctlstd:
~1r. Gall~ ll!1d Mr. Fc rr..:l I
Also Present:
James M. Pol?tly, Director of Planning llnd Development
Scott Shuford, Planning Manager
M. A. Galbraith, Jr., City Attorney
Doreen Feldhaus, Recording Sccn:tllry
Chairperson J ohn50n outlined the procedures for condi tional uses and advised that anyone adversely affected by
a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks fronl this date in
which to file an appenl through the City Clerk's Office. Florida U{W requires any party appealing a de<:ision of
this Eoard to have a record of the proceedings to support the appC<IL
ITEl\fS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN TIIA T ORDER.
A. APPROV AL OF MINUTES
1. November 13, 1990
2. November 27, 1990
Mr. Johnson stated the minutes were not completed at this time.
D. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITE[\lS:
1. REQUEST FOR EXTENSION
Part of Lots 13 and 24 and all of Lots 9-12 and Lots 25-26, Blk. S, Hibiscus Gardens
(1266 Turner St), John \V. Woerner and E. Mayo Clark, CU 90-39
Request - Level III Group Care (20-bed facility)
Zoned - OL (Limited Office)
Mr. Shuford explained this is a request for a 60 day extension in order to obt.1in financing and a building
permit and that staff has no objection to this extension.
Discussion ensued regarding allowing a 90 rather than 60 day extension to be sure the applicant ilas enough
time to secure financing.
John J. Pia:r.7...a, 13160 - 110th A venue, Largo, applicant's representative stated that the extension is needed to
secure financing and that a 90 day extension would be more appropriate.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request for a 90 day
extension from the date of this public hearing. Motion carried unanimously (5 to 0).
2. Part of Blk. 6, \Vallace's Addn. to Clearwater (606 Turner Street) Harold S. & Hazel M. Wallace
CU 90-80
Request - To permit outdoor retail sales display and/or storage of plants
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
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'William Wallace, 1583 Budleigh St., stated this property has been in his family since 1905 and has been used
for personal gardening and plant growing, and was a nursery at one time. I-Je felt parking and ingress/egress is
adequate. Mr. Wallace stated in regard to landscaping there arc he.dges currently arouIld most of property
would be happy to meet any additional landscaping requirements.
P & Z MINUTES
12/11/90
Request - To permit on premise c<lnsumption and package sales of beer, wine and liquor
(CHANGE OF OWNERSHIP)
Zoned - CB (Beach Commercial)
Discussion ensued regarding stnLctures (storage sheds) currently on prol)erty.
Mr. Wallace stated that there are s()me types of plants that require screening from heat or cold and for proper
growth which require using a temporary screening which would be put up and taken down as needed. He
noted this screening would be set up in the nDrthwest corner of the property. Mr. Shuford recommended the
conditions of approval be so modified.
In response to questions by the Board, Mr. Wallace stated he has n(> problem with recommended conditions of
approval.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and se(;onded by Mr. Mazur, to approve the above request subject to the
following conditions: 1) Ingress, egress, and parking be provided in accordance with the City's Land
Development Code; 2) All required permits be obtained within six (6) months; 3) No temporary structures be
utilized on the property, other than those ex iSling on the property and temporary screening to be located in the
northwest comer of the property with a 100 ft. buffer as proposed by the applicant; 4) All landscaping
requirements of the Land Development Code be complied with; in addition to these requirements (as
applicable), the perimeter landscaping requirements of Se<:. 137.023 shall be provided within 6 months.
Motion carried unanimously (5 to 0).
3. Part of Lot 9. Sec. 19-29-16, Pinellas Groves Sub. (1455 S. Belcher Rd.) Metco Development
Corp.
CU 90-84
Request - To pemlit use not speci lied in code, smokehouse (mainly for fish)
Zoned - CO (General Commercial)
"Mr. Shuford gave the background of the case a.nd submitted, in writing, the staff recommendation.
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Discussion ensued regarding the applicant~s ahscnc~ at this meeting.
In opposition, Alfred .FIandreau, 1433 So. llelcher Road, stated he had lived for 25 years on Lotus Path
near Hamrick Lumber Yard, and on weekends Ms. Hamrick smoked Inullet on the lumberyard property. TIlis
practice was stopped by the Pine lias County Health Department due to complaints from the neighborhood. Mr.
flandreau felt a smokehouse is not similar to a barbecue pit as suggested by Ms. Nixon. A barbecue pit is
enclosed and a smokehouse can be an open or screened area fueled by wood and smokes. Mr. Flandreau noted
the layout of the 3 buildings involved, 2 of V/hjch are parallel to eacl1 other 100 ft. apart and the smokehouse is
proposed to be located between those 2 buildings. Mr. Flandreall stated that his condominium building is
located to the north of the subject property anclthat the wind would carry smoke and odor up the alley between
the buildings and directly to the condos and thi s would be detrimental to the condo residents.
Mr. Galbraith stated it would be appropriate for the Board to make a decision on this request without the
applicant being present due to the fact that the applicant had been notified of this meeting and the request had
already been continued once at the applicant's request.
Motion was made by M r. Schwob, and seconded by Mr. Mazur, to deny the above request due to the potential
for severe negative impact to surrounding properties. Motion carried unanimously (5 to 0).
4. Lots 72-79, Clearwater Beach Park (454 Mandalay Ave.) Michael N. Kamberos and Ale:<.ander
and Mary Delvech (Beach Bar & Lounge), CU 90-85
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Mr. Shuford explained dlle to two Board members being absent and one declaring a conflict of interest on this
item there will not be a quorum to discuss this item. Mr. Shuford slate<! this item should be continued and that
the applicant has been so advised.
Mr. Johnson stated this item is continued to January 8, 1991 as recommended by staff.
P & Z MINUTES
2
12/11/90
1. M&B 44.03, Sec. 31-28-16 (2160 U.S. 19 N) Bank of Boston (Hard Times Cafe), CU 90~88
Request - To pennit on premise consumption of beer, wine and liquor
Zoned - CH (Highway Commercial)
c. CONI>lTIONAL USES:
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation and advised
one letter of objection was received. Staff is attempting to determine whether the occupation license was
transferred to the new Melon's location. Mr. Shuford noted there are nonconformities for parking and
separation distance and recommended this item be continued in order to allow staff to thoroughly research these
ISSUes.
Dale Schmidt, 1405 S~lhrceze St., applicant, stuted he and his partner would like to open the Hard Times
Cafe and would like to serve alcoholic beverages with dinners. He noted this is a family type operation, not a
bar. Mr. Schmidt stated they are not affiliated with the previous owners of Melon's.
In response to questions by the Board, Mr. Schmidt st~lted then~ will be no ~ntertainment; he has previous
restaurant ex.perience; tl1ere are no televisions in the restaurant; and that they are not currently open and
operating.
In opposition, Paula Roman, 2340 Main St., Dunedin, attorney, stated she is representing the Hillcrest
Villas Condominium Association. The ncmest condo unit from the back door of the cafe is located
approximately 60 ft. away. The association objects to this request due to the following problems they
experienced from this location in the past: nuisance; acts of vandalism by intoxicated patrons leaving the
business; patrons trespassing; and traffic congestion und the number of uccidents at the entrance to the center.
In opposition, Ralph J. Ball, 240 Bayshore Blvd., sL1ted that out of the 6 units within the 200 ft. of the back
door of the restaurant 3 are unoccupied and are unrentable because of the odor from the restaurant's grease
trap located less than 100 ft. from the door.
In rebutta.l , 1\fr. Schmidt stated that traffic problems will exist on U.S. 19 no matter what businesses are
located in the center. He noted that the entrances and exits of the center have been posted with directional
signs. Mr. Schmidt state.d that their grease traps are underground and pumped out when necessary and that
exhaust fans are in place as required by the Health Department.
In response to questions by the Board, Mr. Schmidt stated the Hard Times Cafe waitresses will wear knee
length shorts and cotton shirts with the restaurant name and will cater to business people and families. He
noted there will be no dancing or entertainment of any kind.
Discussion ensued regarding whether or not to continue this item. Mr. Shuford stated the areas of concern
include the easement issue and whether the previous use constitutes a legitimate nonconforming use. Mr.
Polatty stated there has been additional information submitted regarding traffic accidents and would like to be
able to further research this information, and attempt to obtain information regarding incidents of nuisance,
vandalism and trespassing in regard to this property.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to continue the above request to Janllary 8,
1991. Motion carried unanimously (5 to 0).
2. Part of Lots 12 & 13, City Park Sub. (37 Causeway Blvd.) City of Clearwater (Clearwater Beach
Seafood and Restaurant), CU 90-89
Request - To permit on premise consumption of beer, wine and liquor
Zoned - CB (Beach Commercial)
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Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
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Bill Goodwin, 240 Windward Passage, applicant, stated he did not apply for the SRX license because that
license requires the operation must be fully staffed to serve 150 people at all times. The upstairs of the
restaurant seats 106 and downstairs approximately 50. Mr. Goodwin stated his variance states that the upstairs
cannot be open until after 5:00 p.m. due to parking problems. He noted they have been a seafood market with
carryout service at this location since 1979 and the restaurant was built in 1984 and have enjoyed a very good
P & Z MINUTES
3
12/11/90
Request - To permit on premise consumption of beer and wine
Zoned - CG (General Commercial)
record with the City and hHve not had a single police call to thdr hl1sin~ss.
In response to questions by the Board, Mr. Goodwin stated his husiness is ~I restaurant and not a drinking
establishment and they now sell approximately 85% food and 15 % alcohol und do not anticipute a change of
more than 10% in percentage of alcoholic beverage sales.
John Doran, 662 l\fandlllay Ave., applicant's rcpresellultive, slated this is a request for change from 2COP
to 4COP, and this is a full service sit down reshlUfant and the change is a result of customers' fC{}uests. He
felt Mr. Goodwin has met all requirements for conditionul use approval and is located 600 feet from the nearest
residential property. Mr. Doran stated they operated for 11 years as a fish market and 6 years as a restaurant
with a beer and wine license without incident or any complaints and asked that the Board approve this request.
In response to questions by the :Board, Mr. Goodwin stated according to the lease with the City it is required
this business remain a fun service sit down restaurant.
Mr. Shuford stated Mr. Ueld, who acts as landlord for the City, relayed that he is in support of approving this
request and that this business is a desireable tenant.
Motion was made by Mr. Schwab, and seconded by Mr. Mazur, to approve the above request subject to the
following condition: The applicant shall restrict the sales of alcoholic heverage.s to consumption on premises of
beer, wine and liquor with. no package sales pennitted. Motion carried unanimously (5 to 0).
3. Lots 8-10 and part of vacated alley 10 the north, Blk. 8, Bay View City Sub. (3006 Gulf to Bay
Blvd.) Thanh Phuoc Nguyen and Kimtruc Thi Nguyen (Baby Dolls), CD 90-90
Mr. Shuford gave the background of the case and submitte-d, in writing, the staff recommendation.
Discussion ensued regarding renewal of occupational license and the results of background check of the
business operator. Mr. Shuford stated the background information on Mr. Ward was obtained this day from
the police department and the staff's recommendation was made prior to re<:eiving this information and
suggested the Board may wish to continue this item.
Don lIasenftL'i, 326 Corol1ado Dr _, applicant's reprtSentltive, s12ted the business will have dancers wearing
bikini bathing suits, or attire similar to bathing suits. There will be no changes in the current operation of the
business.
In response to questions by the Board, Mr. Hasenfus stated there will be no change in the provisions of the
lease, and that Mr. Ward currently resides in Orlando and will be establishing a residence in Clearwater. Mr.
Hasenfus stated that to his knowledge there will be no "lap dancing" .
Discussion ensued regarding continuing this item due to the Board's desire to ask questions that can only be
answered by the owner/operator of the business.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to continue the above request to January 8,
1991 so that the business O\\.'Iler can be present to answer questions. Motion carried unanimously (5 to 0).
4. Lot 1 and part of Lot 2, Greenwood Manor (1102 N. Greenwood Ave.) Willard Jones (La Coco
Restaurant and Lounge), CU 90..91
Request - To permit on premise consumption of beer, wine and liquor
Zoned - CNG (North Greenwood Commercial)
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Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation and noted
that two letters of objection had been received. In addi tion to the infonnati(Jn included in the staff report,
information had been recei ved late from the Police Department regarding the proposed operator of this
business, Mr. Willard Jones. The report indicates Mr. Jones VIas charged with selling alcoholic beverages
without a license.
P & Z MINUTES
4
12111/90
In rebuttal, Mr. Jones stated he is not a pawn, he is regular citizen of the community and he is trying to meet
the needs of the community. He stated if he does not get this license he will loose his entire investment.
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Willard Jones, 1001 North Greenwood Ave., Bldg. 11 #6, appli~lI1t, stated he felt the community has a
need for a full service restaurant. Mr. Jones stated the charge of selling alcoholic beverages without a license
was not true. He stated he was charged when his previous business held a party and the party ran after 2:00
a.m. and was therefore charged with selling alcohol without a license. Mr. Jones stated he was not selling
alcohol and that it was in fact a party. Mr. Jones noted he has spent a large amount of money to renovate this
location and converted a building from an eyesore to a building that will be an asset to the community. He
stated he is currently operating the business with an entertuinment license. Mr. Jones st<\ted he has not and will
not sell alcohol to minors.
In response to questions by the Board, Mr. Jones stated then~ is not a parking problem as the parking was
grandfathered. Mr. Jones explained when having an event, such as a concert, the patrons under 21 would have
their hand stamped to identify them as not eligible to drink alcohol and the event would be monitored as well.
In opposition, Johnny Long, 2315 Mineola Rd., stated he is in opposition as Mr. Jones was told there was a
noncompetitive agreement signed with the previous property owner (who sold the property to Mr. Jones). Mr.
Long stated for the past 6 1/2 years work has been done to revitalize North Greenwood which now has trees
being planted and the sidewalks reinstalled. Mr. Long stated he has had to cut operation hours of his business
from 108 hours per week to 70 hours per week because of undesirable clientele and has spent the time
remodeling. He added that he does most of his business at a walk up window because he will not open up the
business to the wrong type clientele and that his business is barely making it. He felt Mr. Bridges, the
previous owner, is attempting to work Mr. Jones and himself against each other and that he is using Mr. Jones
as a pawn. Mr. Long asked the Board to consider very carefully all requests that corne before them for the
North Greenwood area as many people are working very hard to revitalize that area.
In response to questions by the Board, Mr. Long stated if he had to meet 51 % food sales required by his 4-
COP SRX license he would be out of business. He added he is not required to meet the 51 % food sales
because his license was grandfathered without the 51 % food sales requirement.
In response to questions by the Board, Mr. Jones st~lted he would not be able to do business without this
license because he does not have the resources. Mr. Jones sUlted he was aware he needed the alcoholic
beverage license before he invested in renovating the building. Mr. Jones explained an entertainment license
pennits entertainment to be provided in the building, such as a concert. Mr. Shuford noted he felt Mr. Jones
is referring to his occupational license which allows indoor recreation which is permitted in that zoning district.
Discussion ensued with the Board members expressing concerns including the following: applicants investing
in a business and expecting approval afterward; the agreement Mr. Long referred to is a legal matter and this
Board cannot consider it; and concerns regarding allowing persons under 21 in this establishment with the
entertainment proposed by the applicant.
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In response to questions by the Board, Mr. Shuford stated a letter had been received from Mr. Talmage
Rutlegde which stated he had previously discussed with Mr. Jones regarding the concerns of Econominc
Development Task Force for North Greenwood about the proliferation of alcoholic beverage establishments in
the area.
The general consensus of the Board is that this establishment is not compatible with the neighborhood and the
improvement efforts being done for the North Greenwood area.
Motion was made by Ms. Nixon and seconded by Mr. Hamilton, to deny the above request based upon Sec.
137.011(d) specifically that it does not appear to be compatible with surrounding uses in the neighborhood, the
interest in the City of Clearwater's Development Task Force for North Greenwood to upgrade the area, and the
request does not conform to the standards of the CNG zoning district. Motion carried unanimously (5 to 0).
5.
M&B 33.05, Sec. 20-29-16 (18409 US 19 N) Barnett Bank of Pasco County (Calypso Bay Cafe)
CU 90-92
Request - To permit 011 premise consumption of beer, wine and liquor
Zoned - CC (Commercial Center)
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1.
Code of Ordinanccs Text Amendment:
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
George Greer, 60() Cleveland St., Suite 685, Ilppli~mt.'s representative, stated the applicants will be the
leasees of Barnett Bank for a period of 12 months then exercise an option to purchase, they will make
extensive renovations llnd add II deck to the facil ity. M r. Greer stated the application is hereby amended from
4,100 sq. ft. to 2,3()O sq. ft. for the deck which would be the size pennitted to meet the parking requirements.
Mr. Greer stated there will be no impact on any residential properties, a traffic signal is in place to provide
adequate ingress/egress, and that the use is consistent with the zoning requirements and the surrounding area.
In response to questions by the Board, Mr. Greer stated the applicant does not have any experience in owning
such an establishment and that the owners will oversce the operation of the business.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the
following condition: 1'he occupational license shall be obtained within six (6) months of the date of this public
hearing. Motion carried unanimously (5 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDl\'IENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW.
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An ordinance of the City of ClealWater, relating to Code Enforcement; amending Sections 1.08,
95.06. 95.07, 95.13,95.21,95.24, and 137.034, Code of Ordinances, and creating Section 71.36
and 95.15, Code of Ordinances, relating to enforcement and penalties; providing for imprisonment
for a term not exceeding 60 days, or both a fine and imprisonment, as a possible penalty for the
violation of Chapters 72 and 96, Code of Ordinances, relating to alcoholic beverages and noise,
respectively; providing for the appointment of Code Enforcement officers; providing for the
enforcemcnt of City Code and Ordinance provisions by the Municipal Code Enforcement Board or
by the County Court; providing that certain violations are Class I, Class II, or Class III violations,
and prescribing the civil penalties therefor; providing an effective date.
Mr. Polatty stated this ordinance provides enforcement for Land Development Code violations, providing three
classes of infractions, allowing Code Enforcement Inspectors to issue tickets for violations. Class I would be
violations which threaten public health and safety; Class II are violations which create traffic or safety hazards,
Class II would be Fer ~Iesthetic type violations.
Ms. Nixon asked if lights would be considered a nuisance and noted the Kentucky Fried Chicken on Gulf to
Bay Blvd. their lights shine toward drivers rather than their parking lot. Mr. Shuford stated he will advise the
Code Enforcement and the Traffic Engineering Divisions of the situation.
Mr. Hamilton stated he felt a press release should be done to advise the public of this ticketing ordinance so
that they will be aware of it.
Mr. Schwab asked about the training given to Code Enforcement Inspectors. Mr. Polatty slated the inspectors
enter an apprenticeship program and after one year must take a test.
Motion was made by Mr. Schwob, and seconded by Ms. Nixon, to approve the above text amendment.
Motion carried unanimously (5 to 0).
Mr. Johnson stated he enjoyed the luncheon and thanked the Board members and staff for their work and
cooperation for this yellr.
E. Chairman's Items
Mr. Johnson stated the 1991 meeting schedule needs to be amended due to the meeting room being reserved for
an administrative h~lring for January 15, 1991. Discussion ensued regarding alternative dates.
Motion was made by Mr. Hamilton, and seconded by Mr. Schwob to amend the January meeting to January 8,
1991. Motion carried unanimously (5 to 0).
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Meeting adjourned at 4:45 p.m.
olatty, Jr., Director
t of Planning & Development
F. Director's Items
Mr. Polatty thanked Mr. Johnson and the Board members for their work and efforts during the year.
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G. Board and Staff Comments
Ms. Nixon asked how the agenda is set up and if the agenda could be rearranged when there are cases that are
seemingly routine and will be approved without protests or difficultly be heard placed first on tbe agenda.
Ms. Feldhaus explained that tl1.e applications are assigned a number and placed on the agenda in the order the
applications are received "first come, first serve".
Mr. Hamilton stated that a "Chair's prerogative" to rearrange a case on the agenda during the meeting, had
been used in the pased and asked if this is an accepted practice.
Discussion ensued regarding a using "Chair's prerogative" and a "consent agenda", Mr. Polatty stated that the
City Attorney is opposed to a consent agenda for this Board.
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