12/05/1995PLANNING 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
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Leslie Dougall-Sides
Sandy Glatthorn
John Richter
Gwen Legters
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 appeal process.
To provide continuity, items are listed in agenda order although not necessarily discussed in that order.
Minutes Approval - November 14, 1995
Member Merriam noted the vote on the second motion for Item B.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, changing “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. Dilley, TRE, Dilley Family Trust/Club Personality, Inc. (Personality's) to permit on premises consumption of beer, wine,
and liquor (new license) at 20866 US 19, Sec 18-29-16, 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.
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 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. The motion was duly seconded and carried unanimously.
C. Conditional Uses
1. ABC Properties, 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&B 33.04, zoned CH (Highway
Commercial). CU 95-65
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 the 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, was available to answer questions. He said he has worked at the business for ten years.
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 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 90º 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. Helga Glaesel-Hollenback/Hans Bertram-Nothnagel, Trustees/Step Brothers Restaurants, Inc, (Zapp's Island Grille) to permit nightclubs, taverns, and bars (new license) at 138 Island
Way, Sec 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 use 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.
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.
In 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 talk with the objectors to work
out any problems.
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 year 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 carried unanimously.
3. James A. & James E. Brasfield/Michael E. Lewis, Trustee (Clearwater Mini-Storage) to permit indoor storage and/or warehousing at 1315 Cleveland St, Brookwood Terrace Revised, Blk
5, Lots 1-20 and l/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 D.1 to the City Commission. The motion 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 Item D.2 to the City Commission. The motion was duly seconded and carried unanimously.
Land Development 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, Code 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, Infill Commercial, Highway Commercial, Commercial Center, Multiple Family Residential 16, Multiple Family Residential 20, Multiple Family Residential
24, Multiple Family Residential 28, Limited Office, 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.
A request was made for a minor language change. To avoid confusion, it was requested to change the modifier from “permitted” to “allowed” 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 “accessory 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.
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 occupational 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.
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.
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.
Chair
Planning and Zoning Board
Attest:
Board Reporter