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PLANNING AND ZONING BOARD - ACTION AGENDA
ClTY OF CLEARWATER
Tuesday, December 5, 1995
Call To Order. Invocation. Pledge Of Allegiance
A. MInutes Of Previous Meeting - November 14, 1995 - Approved as submitted
B. Requests For Extension, Deferred And Continued Items
1. Trial Period Review - Russell Dillev. Jr.. TRE & Barbara J. Dilley. TRE. Dillev Famifv
Trust/Club Personality. Inc. (Personality's) to permit on premises consumption of beer,
wine, and liquor (new license) at 20866 US 19, See 18~29-16, M&B 14.11, zoned CH
(Highway Commercial). CU 94-90
ACTION: Approved subject to the conditions imposed on November 15, 1994: 1) The
applicant shall obtain the requisite occupational license within six months from the date of
this public hearing; 2) there shall be no advertisement of the subject establishment on the
on.site billboard; 3) approval shall be for consumption on premises only with no package
sales; 4) there shall be no outdoor entertainment, seating or speakers; 5) no adult use shall
be permitted; and 6) all permits and licenses issued by the City and other agencies shall be
subject to initial and continuing compliance with all applicable requirements.
C. Conditional Uses
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1. ABC ProDerties. ltd/ABC liquors. Inc. (ABC Fine Wine & Spirits) to permit package
sales of beer, wine, and liquor (expansion) at 23399 US 19, Sec 05-29-16, M&8
33.04, zoned CH (Highway Commercial). CU 95-65
ACTION: Approved subject to the following conditions: 1) The requisite building permit
shall be obtained prior to the start of construction but no later than six months of the date
of this public hearing; 2) the requisite certificate of occupancy shall be obtained within six
months of the date of issuance of the building permit; 3) the, landscaping requirements of
Section 42.27 shall be met prior to the issuance of the certificate of occupancy, and the
landscaping shall be continuously maintained thereafter; and 4) all site lighting shall be
equipped with a 900 cutoff mechanism, with the light being directed downward and away
from adjoining street rights-of.way.
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2. Helem Glaesel-Hollenback/Hans Bertram-NothnaQel. Trustees/Sten Brothers
Restaurants. lnc, (Zapp's Island Grille) to permit nightclubs, taverns, and bars (new
license) at 138 Island Way, See 08-29-15, M&B 13.01, zoned CC (Commercial
Center). CU 95-66
ACTION: Approved subject to the following conditions: 1) There shall be no outdoor
serving of alcoholic beverages, seating, entertainment or speakers, including temporary
events; 2) approval is for the on premise consumption of alcoholic beverages only; no
package sales shall be permitted; 3) this approval shall be for a six month trial period from
the date of issuance of the new alcoholic beverage license after which the application will
be reviewed for compatibility with the surrounding uses of property; 4) all work related to
existing permit shall be completed and a permanent certificate of occupancy shall be
obtained prior to zoning sign off on the new alcoholic beverage license and 5) the applicant
shall have a minimum of three entrees and two vegetables available to serve until
1 :00 a.m.
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3. Jam~s A. & James E. Brasfield/Michael E. Lewis. Trustee (Clearwater Mini-Storage)
to permit indoor storage and/or warehousing at 1315 Cleveland St, 8rookwood
Terrace Revised, Blk 5, Lots '-20 and 1/2 vacated street S of Lots 19 & 20, zoned
CG (General Commercial). CU 95-67
ACTION: Continued to the meeting of February 6, 1996 at the request of the applicant
D. Annexation, Zoning, Land Use Plan Amendment, land Development Code Text
Amendment, and local Planning Agency Review
,. 2030 Calumet Street, Clearwater Industrial Park, part of Lot 9 (Douglas R. Birch,
Trustee). A 95-26; LUP 95-32
LUP: Industrial limited
ZONE: IL (Limited Industrial)
ACTION: Endorsed Item D.1 t~ the City Commission
2. 1622 Sherwood Street, Highland Pines 3rd Addition, Blk 16, Lot 6 (Rebecca l.
Hutton). A 95-27; LUP 95-33
LUP: Residential Low
ZONE: RS-S (Single Family Residential)
ACTION: Endorsed Item 0.2 to the City Commission
E. Chairman's Items - Discussion
i::J F. Directo,.s Items - Discussion "
G. Board And Staff Comments - Discussion
H. Adjournment - 3:36 p.m.
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
December 5, 1995
Present:
Kemper Merriam
Jay Keyes
Robert D. Bickerstaffe
Edward Mazur
Brenda Nixon
Bernie Baron
Frank Kunnen
Leslie Dougall-Sides
Sandy Glatthorn
John Richter
Gwen Legters
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Mem ber
Assistant City Attorney
Central Permitting Manager
Central Permitting Senior Planner
Board Reporter
The meeting was called to order by the Chair at 2:00 p.m. in City Hall, followed by
the Invocation and Pledge of Allegiance. He outlined meeting procedures and the
a ppeal process.
To provide continuity, items are listed in agenda order although not necessarily
discussed in that order.
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Minutes Approval - November 14, 1995
Member Merriam noted the vote on the second motion for Item 8.1 was omitted
from page 2. It was indicated the motion was duly seconded and carried unanimously.
He also requested a correction on page 5, paragraph 8, first sentence, charlging "Civic
Center" to "Civic Association."
Member Keyes moved to approve the minutes as corrected. The motion was duly
seconded and carried unanimously.
B. Requests for Extension, Deferred and Continued Items
1. Trial Period Review - Russell Dilley. Jr.. TRE & Barbara J. Dillev. TRE. Dillev
Familv Trust/Club Personalitv. Inc. (Personalityts) to permit on premises
consumption of beer, wine, and liquor (new license) at 20866 US 19. Sec 1 8-
29-16, M&B 14.11, zoned CH (Highway Commercial). CU 94-90
Central Permitting Manager Sandy Glatthorn gave the background of the case and
presented written staff recommendations. She stated the applicant appears to have
complied with all conditions of approval except for one violation of the City's adult use
ordinance. It was indicated the Police Department reports issuing a warning to a
dancer for wearing an inappropriate swimsuit. All subsequent police reports indicate
no illegal activity. Staff recommended approval subject to the original conditions.
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--.., Josh Foster, the business manager, spoke on behalf of the applicants. This was
confirmed by a gentleman speaking from the audience, identified as Mr. Rose. It was
indicated a letter of authorization is needed for the file.
Mr. Foster stated they have been careful to observe all conditions of approval. He said
once the dancer in question was made aware of the swimsuit requirement, she complied
immediately and did not repeat the violation. He noted this was the only incident reported
in over two years of observation by the Police Department.
Member Keyes moved to approve Item B.1 subject to continued compliance with the
following six conditions imposed on November 15, 1994: 1) The applicant shall obtain the
requisite occupational license within six months from the date of this public hearing;
2) there shan be no advertisement of the subject establishment on the on-site billboard;
3) approval shall be for consumption on premises only with no package sales; 4) there shall
be no outdoor entertainment, seating or speakers; 5) no adult use shall be permitted; and
6) all permits and licenses issued by the City and other agencies shall be subject to initial
and continuing compliance with all applicable requirements. The motion was duly
seconded and carried unanimously.
C. Conditional Uses
1. ABC ProDerties. Ltd/ABC liauors. Inc. (ABC Fine Wine & Spirits) to permit
package sales of bear, wine, and liquor (expansion) at 23399 US 19, See 05-29-
16, M&B 33.04, zoned CH (Highway Commercial). CU 95.65'
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Ms. Glatthorn gave the background of the case and presented written staff
recommendations. She stated the applicant proposes to close the lounge portion of the
business. converting it to package sales with occasional wine tastings. Staff recommended
approval with four conditions.
Phyllis Fitzpatrick, construction coordinator for the applicant, distributed copies of a
proposal packet. Referring to plans and photographs in the packet. Ms. Fitzpatrick
responded to questions regarding proposed changes to what exists. She said the existing
lounge will be demolished to increase the package store area. She detailed the extensive
renovation and remodeling planned for the remaining structure. A humidor area, fine wine
sales and wine storage vault are being added.
Referring to the photographs, Ms. Fitzpatrick illustrated how many ABC liquor stores
are updating their look. In response to questions, she stated the lanai is primarily an
architectural feature that will serve as the outdoor smoking area. She said no serving or
tasting will occur outside and no smoking will be allowed inside. One member suggested
an outdoor fan to help disperse the smell of smoking. Where information appeared to be
missing from tho application. she clarified was supposed to have been highlights of the
remodel. as discussed today. She indicated all the suggested staff conditions have been
addressed and a building permit application has been submitted.
Scott Anderson, sales manager and business supervisor I was available to answer
questions. He said he has worked at the business for ten years.
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--~ Member Keyes moved to approve Item C.1 subject to the following conditions: 1) The
requisite building permit shall be obtained prior to the start of construction but no later than six
months of the date of this publlc hearing; 2) the requisite certificate of occupancy shall be
obtained within six months of the date of issuance of the building permit; 3} the landscaping
requirements of Section 42.27 shall be met prior to the issuance of the certificate of
occupancy, and the landscaping shall be continuously maintained thereafter; and 4) all site
lighting shaU be equipped with a 900 cutoff mechanism. with the light being directed
downward and away from adjoining street rights-of~way. The motion was duly seconded and
carried unanimously.
2. Herpe Glaeser-Hollenback/Hans Bertram-Nothnanel. Trustees/SteD Brothers
Restaurants. lnc, (Zapp's Island Grille) to permit nightclubs, taverns, and bars (new
license) at 138 Island Way, See 08-29-15, M&B 13.01, zoned CC (Commercial
Center). CU 95-66
Ms. Glatthorn gave the background of the case and presented written staff
recommendations. She stated the applicant is requesting the nightclub designation, as he no
longer wishes to meet the 51 percent food sales requirement of the 2-COP license approved
earlier this year. She explained the location of a restaurant or nightclub within 200 feet of a
church requires conditional usa approval in this zoning district. She outlined the proposed use,
structure design, hour of operation, buffers, site design and occupational license approval
standards. No objections were noted by reviewing departments. Staff indicated the
application may comply with the standards for approval, if properly managed.
I ::.) Ms. Glatthorn reported a Dolphin Point resident telephoned her objection to the application.
voicing a concern with intoxicated people trespassing on her property.
Concern was expressed with another bar adjoining the subject property. Staff noted the
combined floor area of the alcoholic beverage uses in the shopping center is 23 percent where
20 percent is allowed. It was indicated this is a legal non-conformity that predates the current
code.
A question was raised regarding comments reportedly attached to the review by the Police
Intelligence Unit. Ms. Glatthorn left the meeting to obtain additional information. Upon her
return, she reported staff telephoned Detective Pease, who said he has no concerns about the
request.
Frank Zappia. the business owner, addressed the Board. He said he has spoken with
representatives of the Police Department and is not aware of any problems associated with his
business. He indicated when his reported food sales percentages did not reach the 51 percent
required during the reporting period, he chose to give up the 2-COP license and pursue the
nightclub designation. He explained his food sales were not accurately reflected during the trial
period due to computer and other problems. He said he is now serving more food than ever
and considers his establishment to be a restaurant. rather than a bar. He said he is aware and
agrees to the condition prohibiting package sales, and will only serve alcoholic beverages by
the glass.
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1n response to questions, Mr. Zappia stated he wishes to use the new license without
changing anything about his business, except increasing food sales by adding a breakfast
menu. Discussion ensued regarding Mr. Zappia's liquor license. He did not object to a
condition establishing hours of operation for the kitchen. He said the parking lot will be
policed by visiting officers.
One letter was received in objection to the request from Harley and Sharon Evans,
owners of Colonial Manor Apartments directly across Island Way. They expressed
concerns regarding noise during late evening hours, dangerous driving and rowdiness of
grill patrons. Mr. Zappia was given an opportunity to read the letter.
Discussion ensued regarding noise generated by the entertainment and cleanup
activities on the property. Mr. Zappia reiterated he was not aware of any negative impact
on the surrounding neighborhood, and promised to monitor noise levels during operation
and cleanup. He said he is careful of his impact on the neighbors and would like to tark
with the objectors to work out any problems.
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John Bozmoski, Jr., attorney representing the owners of the adjoining liquor store,
expressed concerns with the proposal. He requested clarification of the recommended
conditions of approval and was given a copy to review. He expressed concern the new
license would allow liquor sales without food and requested a commitment to continue
food sales to preserve the family atmosphere of the area. He questioned whether the
license will be leased, expressing concern another business entity could assume use of the
license without adhering to the conditions of approval.
Mr. Zappia responded to the opposition, restating his intent to function as a restaurant
and continue to serve food, from a limited menu, until 1 :00 a.m. He stated, whether or
not the license is leased, he will always have ownership of the corporation and make all
operating decisions. Discussion ensued regarding the legalities of license use and change
of business owner. In response to a 'question, Mr. Zappia said he has completed one yoar
of a five year lease with the option of a five year renewal. Discussion ensued regarding a
condition to preclude the possibility of total nightclub use by requiring continued food
sales.
Member Keyes moved to approve Item C.2 subject to the following conditions:
1) There shall be no outdoor serving of alcoholic beverages, seating, entertainment or
speakers, including temporary events; 2) approval is for the on premise consumption of
alcoholic beverages only; no package sales shall be permitted; 3) this approval shall be for
a six month trial period from the date of issuance of the new alcoholic beverage license
after which the application will be reviewed for compatibility with the surrounding uses of
property; 4) all work related to existing permit shall be completed and a permanent
certificate of occupancy shall be obtained prior to zoning sign off on the new alcoholic
beverage license and 5) the applicant shall have a minimum of three entrees and two
vegetables available to serve until 1 :00 a.m. The motion was duly seconded and canled
unanimously.
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3. James A. & James E. Brasfield/Michael E. lewis. TrusJee (Clearwater Mini-
Storage) to permit indoor storage andlor warehousing at 1315 Cleveland St,
Brookwood Terrace Revised, Blk 5, Lots 1.20 and 1/2 vacated street S of Lots 19
& 20, zoned CG (General Commercial). CU 95-67
In a letter dated November 22, 1995, the applicant requested a continuance to the
meeting of February 6, 1996. No reason was given.
Member Nixon moved to continue Item C. to the meeting of February 6, 1996 at the
request of the applicant. The motion was duly seconded and carried unanimously.
D. Annexation. Zoning. Land Use Plan Amendment. land Development Code Text
Amendment and local Planning Agency Review
1. 2030 Calumet Street, Clearwater Industrial Park, part of Lot 9 (Douglas R. Birch,
Trustee). A 95-26; LUP 95-32
LUP: Industrial Limited
ZONE: IL (Limited Industrial)
Ms. Glatthorn gave the background of the ordinance, stating staff recommended
endorsement.
Member Bickerstaffe moved to endorse Item 0.1 to the City Commission. The motion
~~';iI was duly seconded and carried unanimously.
2. 1622 Sherwood Street, Highland Pines 3rd Addition, Blk 16, Lot 6 (Rebecca L.
Hutton). A 95-27; LUP 95-33
LUP: 'Residential Low
ZONE: RS-8 (Single Family Residential)
Ms. Glatthorn gave the background of the ordinance, stating staff recommended
endorsement.
Member Nixon moved to endorse rtem 0.2 to the City Commission. The motion was
duly seconded and carried unanimously.
Land Oevelopment Code Amendments
3. (continued from 8/15/95 & 10/3/95) ORDINANCE 5889~95 Of The City of
Clearwater, Florida, relating to the Land Development Code; amending Section
35.11, Coda of Ordinances to define "Vehicle Sales"; amending Chapter 40 Code
of Ordinances, by adding Permitted Uses in the following zoning districts:
Neighborhood Commercial, Beach Commercial, Resort Commercial 24, Resort
Commercial 28, General Commercial, rnfill Commercial, Highway Commercial,
Commercial Center, Multiple Family Residential 16, Multiple Family Residential 20,
Multiple Family Residential 24, Murtiple Family Residential 28, Limited Office,
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General Office, Downtown/Mixed Use, Urban Center (Bayfront), Urban Center
(Core). Urban Center (Transition). Public/Semipublic, Open Space/Recreation and
Research. Development and Office Park Districts; amending Section 41.053, Code of
Ordinances, to add Conditional Uses In Neighborhood Commercial, General
Commercial and Highway; providing an effective date.
Review of this ordinance was continued to allow staff time to incorporate changes
suggested by the Board on August 15, 1995.
John Richter. Senior Planner, explained the ordinance streamlines development procedures
by reclassifying certain conditional uses to permitted uses without adversely affecting the
neighbors. Referring to four tables supplied to the Board, he highlighted changes to the draft
ordinance since the last presentation.
Concerns were expressed regarding units within hotels and motels being converted to
business and professional offices as permitted uses on Clearwater Beach. Mr. Richter
explained, under the ordinance, this would be allowed if the proposed use was permitted in the
zoning district and all other requirements were met, including parking. The Board requested
these conversions remain as conditional uses in CR-24 and CR-28. allowing them to be
reviewed for compatibility with the neighborhood.
One member expressed concern with Section 41.161 (4)(b) restricting conduct of home
occupations to family members. Attorney Dougall-Sides explained "family" is defined in the
Code as those living in a single housekeeping unit without reference to their relationship.
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A request was made for a minor language change. To avoid confusion, it was requested
to change the modifier from "permitted" to uallowedH when referring to conditional uses.
Mr. Richter was thanked and commended for the format of the presentation.
Member Nixon moved to endorse Ordinance 5889-95, as amended, to the City
Commission. The motion was duly seconded and carried unanimously.
Chairman's Items
Member Merriam requested clarification of the term uaccessory use." Mr. Richter
explained the term is applied to uses that are secondary to the primary use of the property.
Examples cited were a single family home with a dock, or a beauty salon selling hair care
products.
Director's Items
In response to a Board suggestion, Ms. Glatthorn described a procedure adopted by staff
to ensure the public is informed that the applicant or an authorized representative must appear
to present their application to the Board. Concerns were expressed it is still not clear that
representatives must be authorized in writing. Staff was requested to add a statement to this
effect to the application form.
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In another follow-up. Ms. Glatthorn responded to concerns that material in the
windows of certain businesses along Gulf to Bay Boulevard, gives the appearance of
excessive signage. She reported staff inspected the window displays and received
verbal confirmation from the store managers the material is merchandise available for
sale. Board members expressed concern having every window obstructed is a safety
hazard. Additional concerns were expressed with the practice in stores no longer in
business. Staff was requested to look at the Code with a view toward redefining
merchandise as signage. Ms. Dougall-Sides said Mr. Richter is working on a sign code
amendment and could address the percentages and definition of merchandise used as
signage to attract customers.
Ms. Glatthorn reported the BW-3 Grill and Pub on 2284 Gulf to Bay Boulevard did
not come before the Board for conditional use approval because the City issued an
occupationar license for a restaurant, based on an affidavit signed by the applicant. In
response to a question, it was indicated they have a 4-COP SRX license.
Board and Staff Comments
Consensus of the Board was to accept the amended 1996 meeting schedule.
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Ms. Glatthorn stated Geri Doherty of the Community Response Team has been in
contact with Member Nixon regarding concerns about site lighting. Member Nixon
said. as construction on the new Lokey building has not begun. the non-conforming
lighting issue has not been addressed yet. She expressed concern they promised to
come into compliance several years ago and have not done so. She was also
concerned about a similar problem at a new McDonald's restaurant with bright halogen'
lights directed toward traffic on Gulf to Bay Boulevard. In response to a question, Ms.
Glatthorn said the draft site lighting ordinance has not been completed. Ms. Dougall-
Sides said the draft is under review and should come forward soon. Staff was asked
to expedite the ordinance.
Member Bickerstaffe questioned the legality of voting on an application based on
personal opinion of the applicant or the proposal rather than in consideration of the
standards for approval. Ms. Dougall-Sides advised that Board members should base
their decisions on established criteria to avoid giving the appearance of acting outside
their authority.
Member Merriam asked that the Board be informed when appeals to Board
decisions are filed. He inquired the status of the Gallery appeal. Ms. Dougall~Sides
said the appeal hearing is set for 9:00 a.m. tomorrow; however, may be continued or
canceled. She did not believe it was to be televised. She indicated the case was sent
back from the hearing officer in Tallahassee because of the City Code change allowing
the City Commission to hear appeals of alcoholic beverage decisions. Although the
parties agreed to send it to the Division of Administrative Hearings, the hearing officer
felt he did not have jurisdiction and remanded it to the City Commission.
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Member Nixon questioned what appears to be barges dumped on a property on the
east side of Myrtle Avenue south of Palmetto Street. She did not recall hearing a
conditional use application for outdoor storage and asked staff to investigate whether
the area is zoned for outdoor storage.
Member Keyes reported the Board's holiday luncheon is set for December 19, at
12:00 in the Anchor Room of 880 Mandalay. Guests are to order from the menu and
separate checks have been requested. In response to a question, it was indicated a
total of seventeen people have been invited, including seven Board members, five staff
members, and the City Commission.
Adjournment
The meeting adjourned at 3:36 p.m. ...........
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Planning and Zoning Board
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Soafd Reporter
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