12/11/1990 MINUTES
PLANNING & ZONING BOARD
TUESDAY, DECEMBER 11, 1990
Members Present: Chairman Johnson, Ms. Nixon, Messrs. Mazur, Schwob, and Hamilton
Members Excused: Mr. Gans and Mr. Ferrell
Also Present: James M. Polatty, Director of Planning and Development
Scott Shuford, Planning Manager
M. A. Galbraith, Jr., City Attorney
Doreen Feldhaus, Recording Secretary
Chairperson 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 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.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
A. APPROVAL OF MINUTES
1. November 13, 1990
2. November 27, 1990
Mr. Johnson stated the minutes were not completed at this time.
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
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 obtain 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 has enough time to secure financing.
John J. Piazza, 13160 - 110th Avenue, 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, Wallace'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.
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.
He felt parking and ingress/egress is adequate.
Mr. Wallace stated in regard to landscaping there are hedges currently around most of property would be happy to meet any additional landscaping requirements.
Discussion ensued regarding structures (storage sheds) currently on property.
Mr. Wallace stated that there are some 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 northwest 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 no 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 seconded 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 existing
on the property and temporary screening to be located in the northwest corner 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 Sec. 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 permit use not specified in code, smokehouse (mainly for fish)
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Discussion ensued regarding the applicant's absence at this meeting.
In opposition, Alfred Flandreau, 1433 So. Belcher Road, stated he had lived for 25 years on Lotus Path near Hamrick Lumber Yard, and on weekends Ms. Hamrick smoked mullet on the lumberyard
property. This practice was stopped by the Pinellas 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 which are parallel to each other 100 ft. apart and the smokehouse is proposed to be located between those 2 buildings. Mr. Flandreau stated that his condominium building
is located to the north of the subject property and that the wind would carry smoke and odor up the alley between the buildings and directly to the condos and this 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 Mr. 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 Alexander and Mary Dervech (Beach Bar & Lounge), CU 90-85
Request - To permit on premise consumption and package sales of beer, wine and liquor
(CHANGE OF OWNERSHIP)
Zoned - CB (Beach Commercial)
Mr. Shuford explained due 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 stated
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.
C. CONDITIONAL USES:
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 permit on premise consumption of beer, wine and liquor
Zoned - CH (Highway Commercial)
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 Seabreeze St., applicant, stated 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 stated there will be no entertainment; he has previous restaurant experience; there 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 nearest 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 and the number of accidents at the entrance to the center.
In opposition, Ralph J. Ball, 240 Bayshore Blvd., stated 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 rebuttal, Mr. 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 stated 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 January 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)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
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 record
with the City and have not had a single
police call to their business.
In response to questions by the Board, Mr. Goodwin stated his business is a restaurant and not a drinking establishment and they now sell approximately 85% food and 15% alcohol and do
not anticipate a change of more than 10% in percentage of alcoholic beverage sales.
John Doran, 662 Mandalay Ave., applicant's representative, stated this is a request for change from 2COP to 4COP, and this is a full service sit down restaurant and the change is a result
of customers' requests. He felt Mr. Goodwin has met all requirements for conditional 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 full service sit down restaurant.
Mr. Shuford stated Mr. Held, 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. Schwob, and seconded by Mr. Mazur, to approve the above request subject to the following condition: The applicant shall restrict the sales of alcoholic beverages
to consumption on premises of beer, wine and liquor with no package sales permitted. Motion carried unanimously (5 to 0).
3. Lots 8-10 and part of vacated alley to the north, Blk. 8, Bay View City Sub. (3006 Gulf to Bay Blvd.) Thanh Phuoc Nguyen and Kimtruc Thi Nguyen (Baby Dolls), CU 90-90
Request - To permit on premise consumption of beer and wine
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and submitted, 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 receiving this information and suggested the Board may wish to continue this item.
Don Hasenfus, 326 Coronado Dr., applicant's representative, stated 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 owner 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 (LaCoco Restaurant and Lounge), CU 90-91
Request - To permit on premise consumption of beer, wine and liquor
Zoned - CNG (North Greenwood Commercial)
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 addition to the information
included in the staff report, information had been received late from the Police Department regarding the proposed operator of this business, Mr. Willard Jones. The report indicates
Mr. Jones was charged with selling alcoholic beverages without a license.
Willard Jones, 1001 North Greenwood Ave., Bldg. 11 #6, applicant, 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 entertainment license. Mr. Jones stated he
has not and will not sell alcohol to minors.
In response to questions by the Board, Mr. Jones stated there 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 come 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 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.
In response to questions by the Board, Mr. Jones stated he would not be able to do business without this license because he does not have the resources. Mr. Jones stated he was aware
he needed the alcoholic beverage license before he invested in renovating the building. Mr. Jones explained an entertainment license permits 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.
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.
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.
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 on premise consumption of beer, wine and liquor
Zoned - CC (Commercial Center)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
George Greer, 600 Cleveland St., Suite 685, applicant'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 and add a deck to the facility. Mr. Greer stated the application is hereby amended from 4,100 sq. ft. to 2,300 sq. ft. for the deck which
would be the size permitted 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 oversee 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: The 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 AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW.
1. Code of Ordinances Text Amendment:
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.
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 for aesthetic
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. Schwob asked about the training given to Code Enforcement Inspectors. Mr. Polatty stated 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).
E. Chairman's Items
Mr. Johnson stated he enjoyed the luncheon and thanked the Board members and staff for their work and cooperation for this year.
Mr. Johnson stated the 1991 meeting schedule needs to be amended due to the meeting room being reserved for an administrative hearing 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).
F. Director's Items
Mr. Polatty thanked Mr. Johnson and the Board members for their work and efforts during the year.
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 the agenda.
Ms. Feldhaus explained that the 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.
Meeting adjourned at 4:45 p.m.
James M. Polatty, Jr., Director
Department of Planning & Development