04/02/1996 (2)
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PLANNING & ZONING BOARD MEETING .. ACTION AGENDA
Tuesday, Aprll2, 1996
Call To Order. Invocation. Pledge of Allegiance
A. Minutes Approval -- March 19, 1996
B. Requests for Extension, Deferred and Continued Items
B1. (cont. from 3/19/96) - Steohen G. Beneke/Tri HiQh CorD/Jamil Salhab (Wanna
Save) to permit package sales of beer and wine (business ownership change) at
1362 Cleveland St, Overbrook Sub, Blk 1, Lots 8-11, zoned CG (General
Commercial). CU 96-14
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ACTION: Approved Item 81 subject to the following conditions: 1) The applicant shall
obtain the requisite building permit, certificate of occupancy and occupational license
within 6 months of the date of this public hearing; 2) All site lighting shall be equipped
with a 90 degree cutoff mechanism, with the light being directed downward and away
from adjoining residential properties and streets rights-ot-way prior to issuance of the
requisite occupational license; 3) All on-site parking spaces shall be restriped to provide for
access for disabled persons and to better meet City Code requirements prior to the
issuance of an occupational license; 4} there shall be a six month trial period from the date
of this public hearing to determine if changes have been made in the operation of this
business to decrease police calls; and 5) all Occupational License standards shall be met,
including a police background check.
B2. (cont. from 3/19/96) Trial Period Review -- Kapok Pavilion I, Ltd/Kapok Pavilion. Inc.
to permit on-premise consumption and package sales of beer, wine and liquor
(business ownership change) at 923 McMullen Booth Rd, Sec 09-29-16, M&8
31.01 together with Del Oro Gardens, Lots 17,18,31-36,44-46,51, and part of
Lot 52, zoned CG (General Commercial). CU 95-47
ACTION: Continued to the meeting of May 7, 1996
C. Conditional Uses --None
D. Annexation, Zoning, land Use Plan Amendment, Land Development Code Text
Amendment, and Local Planning Agency Review
01. 3014 Carolina Avenue, Bayview City Sub, Blk 5, Lot 9 (John J. & Dorothy A. Kach, Tre)
A 96-12
ZONE: RS.8 (Single Family Residential)
ACTION: Endorsed Item 01 to the City Commission
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02. Ordinance 5992-96 of the City of Clearwater, Florida. relating to the land
Development Code; amending Section 35. 11, Code of Ordinances, to revise the
Definitions for nursing home and residential shelter by increasing the density
conversion from two beds to three beds per unit; amending Sec. 42.34 (6), Code of
p & Z ACTION 1 04/02/96
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Ordinances, to change the parking requirement for nursing homes from the
equivalent of one parking space per two beds to one parking space per three beds.
to change the parking requirement for residential shelters from one parking space
per six residents to one parking space per seven residents, and to change the
parking requirement for group care facilities to, one parking space par three
occupants, including resident employees and supervisors; amending Section
40.545(3). Code of Ordinances. relating to the use limitations for the
Public/Semipublic Zoning Districts. to decrease density for nursing homes and
residential shelters from 15 to 12.5 units per gross acre in accordance with the
City's Land Use Plan and in conjunction with the Pinellas Planning Council's
Countywide Rules for the Institutional Class;fication~ providing an effective date.
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ACTION: Endorsed Item 02 to the City Commission
.03. Ordinance 6013~96 of the City of Clearwater. Florida. relating to the Land
Development Code, amending Section 35.11, Code of Ordinances to revise the
Definition for variance; providing an effective date.
ACTION: Endorsed Item 03 to the City Commission
E. Chairman's Items -~ Discussion
F. DIrector's Items ~- Discussion
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G. Board and Staff Comments -~ None
H. Adjournment -- 3:38 p.m.
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P & Z ACTION
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04/02/96
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CITY OF CLEARWATER
Inlel'deparrmelllal Con'e.\l)OlldcllCc!
To:
Planning and Zoning Board Members
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From: Gwen Legters, Board Reporter
Re: Correction to P&Z minutes -- April 2, 1996
Date: May 7. 1996
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A citizen requested correction on page two, paragraph three of the April 2 minutes. She stated
Laurence Tieman is not authorized to speak on behalf of South Clearwater for Progressive Action
and requested deletion of that statement. In the fourth line of the same paragraph, she pointed
out a reference to HNorthU Greenwood should be changed to "SouthU Greenwood.
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Please note the following correction for your records:
. Two citizens spoke in support of the application as follows: 1) Laurence
Tieman stated he repro3ont3' South Clearwoter Citizons for Progrossive action. He
and hi3 and a local real estate association have worked with Mr. Salhab successfully
for many years to alleviate the transient problem and drug trade in his NeftA South
Greenwood neighborhood...
A motion will be needed to formally accept these changes for the record.
cc: City Commission
Sandra Glatthorn, Central Permitting Manager
Mary K. Diana~ City Clerk Department,
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
April 2, 1996
Present:
Jay Keyes
Edward Mazur
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Leslie Dougall-Sides
Sandy Glatthorn
Gwen Legters
Brenda Harris Nixon
Kemper Merrium
Chair
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Central Permitting Manager
Board Reporter
Vice Chair
Board Member
Absent:
To provide continuity, items are listed in agenda order although not necessarily
discussed in that order.
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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. He explained that conditional use approval requires four affirmative votes and, in
the absence of a full board, applicants have the right to ask for a continuance to the next
meeting.
A. Minutes Approval -- March 19, 1996
Member Keyes noted the meeting date was corrected to read March 19, 1996.
Member Baron moved to approve the minutes as corrected by staff. The motion was
duly seconded and carried unanimously.
B. Requests for Extension, Deferred and Continued Items
B1. (cont. from 3/19/96) - Stephen G. Beneke/Tri HiQh Coro/Jamil Salhab (Wanna
Save) to permit package sales of beer and wine (business ownership change) at
1362 Cleveland St, Overbrook Sub, Blk 1, Lots 8.11, zoned CG (General
Commercial). CU 96-14
Ms. Glatthorn presented written background information, stating the applicant is seeking
change of ownership approval to operate an existing convenience store. Parking, landscaping
and dimensional constraints exist on the site. No changes in the establishment or the site are
proposed. She noted this item was investigated by the Police Department, at the board's
request regarding: 1) the number of calls to 1495 South Greenwood before and after Mr.
Salhab took over the business; and 2) details of a misdemeanor arrest that may subject the
conditional use application to special conditions according to City code. Copies of police
reports and court documents were distributed to the board. Staff felt conditions support the
request and recommended approval with three conditions.
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In response to a question. Assistant CIty Attorney Dougall-Sides indicated the portion of
the police report copied to the board is a matter of public record.
Jamil Salhab, the business owner, stated he has been working with staff to solve problems
associated with this site. He felt most of the transient problem at his Cleveland Street store
comes from the nearby soup kitchen.
Two citizens spoke in support of the application as follows: 1) Laurence Tieman stated he
and a local real estate association have worked with Mr. Salhab successfully for many years to
alleviate the transient problem and drug trade in his South Greenwood neighborhood. He
stated problems at convenience stores are due to absentee corporate management, not
alcoholic beverage sales. He praised Mr. Salhab for being a hard working, hands-on store
manager and urged approval. Mr. Tieman submitted a letter in support of the application.
2) Steven G. Beneke. the property owner/applicant stated the store went through many
managers when it was operated by PickKwik. He said alcoholic beverage sales are a normal
part of convenience store operation. without which the store cannot be successful. As the
store does not sell gasoline and has a limited clientele, he did not foresee a problem and
encouraged approval.
No verbal or written opposition was expressed.
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Sgt. Paul Reese, Police Intelligence Unit. explained the background check was performed
as part of routine conditional use review. He responded to questions. indicating the arresting
officer did not operate under cover and there was no reason to think the officer was not in
uniform. He reported a significant reduction in the number of calls to the Greenwood Avenue
store after Mr. Salhab took over. Sgt. Reese affirmed the close proximity of the soup kitchen
to the Cleveland Street store and suggested conditions to reduce problems with alcoholic
beverage sales.
Discussion ensued regarding details of the arrest. Ms. Dougall-Sides explained the code
lists this charge as one of the circumstances that would allow revocation of conditional use.
She stated new conditional use approval is not specifically addressed. She suggested approval
with conditions for a trial review period, restriction of operating hours, occupational license
review background check and code compliance.
In response to questions. Mr. Salhab explained the circumstances on the night of the
arrest. He said he did not understand, at the time. that he was required to provide a copy of
his confidential surveillance tape to the police upon demand. He stressed he has been honest
and cooperative with everyone. He restated his desire to cooperate with the City and work
hard to eliminate drug trade and violence in his neighborhood. He wishes to remain open 24
hours a day and estimated he will be at the store 10 to 12 hours every day. He may close early
until he finishes interior refurbishment, but said 24 hour management is needed to avert
loitering and trespassing. He will continue operation of the Greenwood Avenue store with the
help of his trained, experienced managers. He acknowledged significant effort will be needed
and expressed confidence the new business will be as successful as the first.
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04/02/96
.-..., Board discussion ensued regarding the application. Staff was encouraged to monitor the
operation for code compliance.
Member Kunnen moved to approve Item 81 subject to the following conditions: 1)
The applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within 6 months of the date of this public hearing; 2) All site lighting
shall be equipped with a 90 degree cutoff mechanism, with the light being directed
downward and away from adjoining residential properties and streets rights-of-way prior to
issuance of the requisite occupational license; 3) All on-site parking spaces shall be
restriped to provide for access for disabled persons and to better meet City Code
requirements prior to the issuance of an occupational license; 4) there shall be a six month
trial period from the date of this public hearing to determine if changes have been made in
the operation of this business to decrease police calls; and 5) all Occupational License
standards shall be met, including a police background check. The motion was duly
seconded and carried unanimously.
82. (cont. from 3/19/96) Trial Period Review ~. KaDok Pavilion I. Ltd/Kaook Pavilion, Inc.
to permit on-premise consumption and package sales of beer, wine and liquor
(business ownership change) at 923 McMullen Booth Rd, See 09~29-16, M&B
31.01 together with Del Oro Gardens, Lots 17, 18,31-36,44-46,51, and part of
Lot 52, zoned CG (General Commercia!). CU 95.47
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Tim Johnson, attorney representing the applicant, requested a two month continuance. He
stated he was recently retained to work with all the interested parties toward solving the
problems associated with this application. He explained the history of the subject property
related to the adjacent Del Oro neighborhood. He felt two months was a reasonable time to
gather the facts. He stated no special events are scheduled for the next two months that
would require overflow parking and the applicant will continue to hire off-duty police and other
personnel to direct traffic in the interim. Mr. Johnson reported Central Permitting Director
Scott Shuford has agreed to mediate negotiations with the neighbors.
No verbal or written support was expressed.
Two persons appeared to speak in opposition to the request as follows: 1) Len Vivolo
expressed concern the Kapok building was designed as a restaurant, not a concert facility.
He said acoustics are not adequate in the building and he is subjected to excessive noise
at his home for five to six hours during every concert. He referred to a large event
approximately a year ago that drew more than 2,000 people, causing severe problems
with parking, traffic flow t trespassing, and vandalism in the neighboring residential area.
He expressed concerns residents' safety is threatened by intoxicated people. He indicated
he has prepared two photographic displays for presentation in opposition when this case is
heard. 2) Dan Grimmer, president of the Del Oro homeowners association, explained the
neighbors' concerns regarding inadequate parking and facilities. While the applicants have
done a nice job refurbishing the building, he stated their activities violate the neighborhood.
He strongly opposed any further continuance and urged immediate denial of on-premise
consumption and package sales of beer, wine and liquor.
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(-\ Mr. Johnson spoke in rebuttal to the opposition, stating after the complaints a year
ago, the Kapok took steps to mitigate noise emanating from the building and received a
letter of thanks from Mr. Vivolo. He stated the police report no complaints for the last
nine months. He said the applicants are willing to cooperate and are simply asking for
more time to address the concerns. He reiterated they will not schedule any events that
would cause overflow parking into the neighborhood during the next two months.
Discussion ensued regarding parking, noise and the length of time this case has been
unresolved. It was felt a two month continuance is excessive when only two weeks is
aHowed. While the board shared concerns regarding parking and noise, it was pointed out
these issues are not grounds for denial of the request. Staff was requested to provide
copies of Community Response Team reports of noise complaints on this site.
Member Kunnen moved to continue Item 82 to the meeting of May '7, 1996. The
motion was duly seconded and carried unanimously.
C. Conditional Uses -. None
D. Annexation, Zoning, land Use Plan Amendment, land Development Code Text
Amendment and local Planning Agency Review
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01.3014 Carolina Avenue, Bayvlew City Sub, Blk 5, lot 9 (John J. & Dorothy A. Kach,
TreJ A 96-12
ZONE: RS-B (Single Family Residential)
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Ms. Glatthorn presented written background information, stating staff recommends
endorsement. No one was present to speak in support or opposition to the request.
Member Mazur moved to endorse Item 01 to the City Commission. The motion was
duly seconded and carried unanimously.
02. Ordinance 5992-96 of the City of Clearwater, Florida, relating to the Land
Development Code; amending Section 35.11, Code of Ordinances, to revise the
Definitions for nursing home and residential shelter by increasing the density
conversion from two beds to three beds per unit; amending Sec. 42.34 (6), Code of
Ordinances, to change the parking requirement for nursing homes from the
equivalent of one parking space per two beds to one parking space per three bedsl
to change the parking requirement for residential shelters from one parking space
per six residents to one parking space per seven residents, and to change the
parking requirement for group care facilities to one parking space per three
occupants, including resident employees and supervisors; amending Section
40.545(3), Code of Ordinances, relating to the use limitations for the
Public/Semipublic Zoning Districts, to decrease density for nursing homes and
residential shelters from 15 to 12.5 units per gross acre in accordance with the
City's Land Use Plan and in conjunction with the Pinellas Planning Council's
Countywide Rules for the Institutional Classification; providing an effective date.
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Ms. Glatthorn presented written background information, stating staff recommends
endorsement. No one was present to speak in support or opposition to the request. In
response to a question, it was indicated this ordinance will provide parity in density
calculations to alleviate a competitive disadvantage with those using the higher
conversion factor of three beds per unit. She said this causes problems sometimes
when annexing property into the City. Brief discussion ensued regarding countywide
population figures.
Member Mazur moved to endorse Item 02 to the City Commission. The motion
was duly seconded and carried unanimously.
03. Ordinance 6013-96 of, the City of Clearwater, Florida, relating to the land
Development Code, amending Section 35.11, Code of Ordinances to revise the
Definition for variance; providing an effective date.
Ms. Dougall.Sides explained this amendment will provide consistency in code
language 'regarding standards of variance approval, eliminating reference to hardship
from the definition. Staff recommended endorsement. No one was present to speak in
support or opposition.
Member Mazur moved to endorse Item 03 to the City Commission. The motion
was duly seconded and carried unanimously.
('......, E. Chairman's Items
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Member Keyes requested staff to provide information regarding the history and
grand fathering of parking ,on the Kapok and adjacent Hamptons properties when the
item returns.
F. Director's Items
Mike Quillen and Alan Mayberry gave a brief presentation and responded to
questions regarding the draft landscape ordinance being prepared by Environmental
Management. Mr. Quillen explained the landscaping reinspection program and under
what conditions commercial landscaping must be brought up to code. He expects the
ordinance draft will be ready for board review within the next two months. Mr. Ouillen
responded to questions regarding landscaping requirements at the new Walgreens on
Gulf'to Bay Boulevard and Keene Road, shrubbery obstruction of sight lines at
intersections, and interior parking lot green spaces.
Mr. Mayberry responded to Member Kunnen's questions regarding protected and
approved species of palm trees, and landscaping credits for palm trees compared to
shade trees. He will investigate Member Baron's concern regarding a giant oak tree
obstructing the view of traffic at Lakeview Avenue west of Highland Avenue at
Forestview Drive.
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G. Board and Staff Comments -- None
H. Adjournment
The meeting adjourned at 3:38 p.m.
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Attest:
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Board Reporter
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