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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
May 7, 1996
Present:
Jay Keyes
Brenda Harris Nixon
Edward Mazur
Kemper Merriam
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Leslie Dougall-Sides
Sandy Glatthorn
Gwen Legters
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Central Permitting Manager
Board Reporter
To provide continuity, items are listed in agenda order although not necessarily
discussed in that order.
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.
A. Minutes Approval - April 16 1996
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Member Merriam moved to approve the minutes as submitted in writing to each
member by the Board Reporter. The motion was duly seconded and carried unanimously.
A citizen expressed concern the April 2 minutes did not accurately report Laurence
Tieman's remarks on page 2, paragraph three. Upon review of the tape, Ms. Legters
verified Mr. Tieman did not state. on the record that he represented South Clearwater
Citizens for Progressive action. That reference was deleted from the record and replaced
with a reference to "a local real estate" association. In the fourth line of the same
paragraph, a reference to "North" Greenwood was corrected to read, "South" Greenwood.
Member Merriam moved to approve the minutes of April 2, 1996. as corrected by the
Board Reporter. The motion was duly seconded and carried unanimously
B. Requests for Extension, Deferred and Continued Items
B1. ICont. from 3/19 & 4/2/96) Trial Period Review Kaook Pavilion f. LtdfKaook
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&B
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 94-47
Ms. Glatthorn presented written background information, stating this request negatively
impacts and does not appear to be compatible with surrounding properties. The City has
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received complaints about the establishment and its patrons, including cars parking in front
of driveways, double parking, residential mail box tampering and mail theft, beer drinking
and rowdy patron behavior,. including profane language and climbing over fences. She
reported this item was initially approved on July 19. 1994, subject to conditions, including
a nine month trial period review. On June 27, 1995, another trial period review was
approved. along with modified conditions. Continued from March 19 and April 2, 1996.
the request continued to raise concerns from residents of the adjacent Del Oro subdivision
regarding parking and noise. Staff was requested to investigate these concerns and report
at today's hearing.
The staff report indicates the noise from indoor events was alleviated by moving music
speakers away from windows near the neighborhood. The applicant agreed to watch for
doors being left open during musical events. A complaint persists regarding drinking and
loud music in the parking lot after hours. Regarding parking, 283 parking spaces remain of
the 592 spaces formerly available to the Kapok, due to a court ruling on a cross parking
easement involving the adjacent Hampton site. It was indicated the owner is working with
nearby sjtes to acquire additional parking spaces, but staff has not received information in
this regard. Staff did not support approval as the use appears to be detrimental t9 the
surrounding residential properties.
In response to questions, Ms. Glatthorn said parking is not a consideration of alcoholic
beverage license approval. Denial of the requQst would not prevent loud music at the
establishment. Giving away alcoholic beverages would not be allowed if the use is denied.
Tim Johnson, attorney represent the applicant, distributed handouts listing seven
additional conditions of approval proposed to alleviate concerns regarding noise and
intrusion of Kapok patrons into the neighborhood. He met with the Hamptons owners who
did not agree to allow use of their parking or land. 'He discussed temporary no parking
signs with City staff but no conclusion was reached. He presented a display board
showing a proposal for traffic flow in the vicinity during events when overflow parking
could occur. He said these events would not happen frequently. The applicant proposed
to engage police officers to man temporary barricades, direct traffic, monitor parking
compliance, and restrict access to the neighborhood. The applicant will provide signs
directing patrons to overflow parking at Ruth Eckerd Hall, and provide shuttle service from
Ruth Eckerd Hall to the Kapok Pavilion. Mr. Johnson said City Engineer Rich Baier
reviewed and approved the suggestions regarding traffic flow and parking.
Referring to an earlier observation, Mr. Johnson affirmed the board cannot condition
noise or parking without approving the conditional use before them. He said alcoholic
beverages comprise only one percent of Thoroughbred Music's sales and did not see a
correlation between alcoholic beverages and the difficulties arising from large events.
Discussion ensued regarding the proposed conditions, listed in the motion as conditions #6
through #12.
In response to a question, Mr. Johnson the proffered beeper number was not restricted
to noise complaints, but could be used by anyone wishing to speak with a Kapok
representative during business hours.
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Pamela Keris, representing the applicant, responded to questions regarding an overflow
parking agreement with PACT, Inc., the management corporation for Ruth Eckerd Hall. She
said this is a long-standing gentleman's agreement that she believed would continue to be
honored by both parties. She said PACT, Inc. has first choice of concert dates, in case of
scheduling conflicts. Ms. Keris said she notified PACT, Inc. of the needed fence repairs.
She stressed the fence will be repaired by Kapok management if it is not done by PACT,
Inc.
Concern was expressed the parking agreement with PACT, Inc. Is not in writing. Mr.
Johnson responded the applicant had not been asked to pursue anything more formal.
No verbal or written support was expressed.
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Four residents of the Del Oro neighborhood spoke in opposition to the application. While all
indicated a willingness to allow the business to continue, concerns were reiterated regarding
overflow parking violations, lack of enforcement, and penetrating noise disturbing the
neighborhood peace. The president of the Oel Oro Groves homeowners association presented
a photographic composite of parking and other violations in the neighborhood and conditions on
the Kapok property. He said the alcoholic beverage application should be denied and indicated
liquor worsens the problems associated with large functions. He was familiar with the
proposed conditions of approval and said a majority of the subdivision residents have no
problem with allowing the business to remain if the proposed conditions are strongly enforced
and activities kept under control. it was indicated with open advertisement and free admission,
the applicants havo no way of knowing the size of the crowd they will draw.
One objector had noticed abatement of the ,noise problem and was agreeable to a trial
period long enough to determine whether the conditions are consistently observed during two
or three events. Others suggested limiting the teial period to six months or less, or voiced no
preference. All requested a commitment or guarantee of strong City law enforcement.
A question was raised regarding how to notify the residents when the streets were to be
barricaded. Mr. Johnson said the applicant would post signs in the employee parking lot at the
entrances to San Bernadino and San Mateo streets. It was indicated police officers stationed
at the barricades during events will be able to monitor parking and provide on site enforcement.
A member pointed out one of the June 27 conditions was for management to control
nuisance behavior in the parking lot after hours. This did not appear to be done. It was
Questioned how long after the conclusion of an overflow event the police were expected to
remain. Mr. Johnson said that decision was being left to the Police Department and the City
Engineer. The applicant was prepared to have them remain as long as it was felt to be
necessary. Ms. Keris stated, while they are allowed to have music indoors until midnight, they
have never continued past 10 p.m. In that case, it was felt the police officers should stay until
11 p.m. when the majority of the cars have left. Mr. Johnson agreed to have an officer police
the parking lot at least one hour after a large event. The majority of the board did not feel it
was necessary to make this a condition of approval.
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Discussion continued regarding traffic control along McMullen-Booth Road, closing the
fence gaps at Ruth Eckerd Hall, and hours of operation. Concerning the parking agreement at
Ruth Eckerd Hall, Ms. Dougall-Sides stated in9rsss/egress easements exists between the
City and PACT, Inc. She cautioned any parking agreement between the Kapok Pavilion and
PACT, Inc., involving a public parking area, must be consistent with easements and other
legal agreements in already in effect. She suggested this as a condition of approval and
discussion ensued regarding specific language for the condition.
Discussion ensued regarding how far in advance to post notice to the neighborhood.
While Mr. Johnson felt the applicant would be aware if an event had the potential for
drawing a large crowd, he pointed out the applicant might not know the magnitude until
just before the event. One member indicated the applicant has gone to great lengths to
revive a failing business, make friends with the neighbors and be responsive to their
requests. Approval with a 12 month trial period was felt to be appropriate.
Member Mazur moved to approve Item B1 subject to five conditions imposed on
June 27, 1995, seven conditions proposed by the applicant, and two new conditions, as
fotlows: 1} This use shall be subject to all previously established conditions of approval
imposed at the Planning and Zoning Board meeting of July 19, 1994, except previous
condition #3, limiting outdoor entertainment hours to 12:00 midnight, which shall now
read as follows: The use of outdoor speakers and all outdoor entertainment shall cease at
10:00 p.m. Sunday through Thursday evenings, and at 12:00 midnight Friday and
Saturday nights. Indoor entertainment shall cease at 1 :00 a.m. Friday and Saturday
nights; and at midnight all other nights; 2) Kapok Pavilion shall provide an off-duty police
officer or security guard to properly direct customers during events which require overflow
parking and to prevent customers from climbing the fence into Delara Groves subdivision;
3) Kapok Pavilion shall provide advance notice of all events which utilize overflow parking
by means of two phone calls to representatives of the Del Oro Gardens and Del Oro
Groves subdivisions; 4) Kapok Pavilion shall at all times keep the dumpster and kitchen
entrance area clear of trash and other debris; and 5) Kapok Pavilion shall police the parking
lot to avoid nuisance behavior related to drinking and loud music from automobiles; 6)
When the Kapok Pavilion anticipates an event will require offsite parking, at the Kapok
Pavilion's expense, the police department will place temporary barricades on San
Bernadino and San Mateo streets at the east end of the Kapok Pavilion employee parking
lot, to be manned by off-duty Clearwater police officers who will permit only local traffic
past the barricades; non-local traffic will ba advised that additional parking is available at
Ruth Eckard Hall and will be routed through the employee parking lot and returned to
McMullen-Booth Road; as appropriate, one or more officers will leave the barricades to
patrol the neighborhood and the back of the Kapok Pavilion facility; 7) If an event
unexpectedly requires affsite parking, the Kapok Pavilion, at its expense, shall cause the
City to deploy off-duty police officers and temporary barricades to minimize intrusion of
patrons into the surrounding neighborhood, even though the event may already have
begun; 8) The Kapok Pavilion will post temporary signage visible from McMullen-Booth
Road to advise its customers that additional parking is available at Ruth Eckerd Hall; 9)
Shuttle service shall be provided by the Kapok Pavilion to transport patrons from the Ruth
Eckerd Hall parking area when it is used for overflow parking; one or more signs indicated
tI shuttle stops" will be posted for those persons using the Ruth Eckerd Hall parking facility,
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~ t,oO)enrchourage t~ose persons to utilize the shuttle service provided by the Kapok Pavilion;
. . ' e gap(s) In the Ruth Eckard Hall fencing will be closed; 11) The beeper number for
an on-duty employee shall be provided to those persons calling the Kapok Pavilion during
normal business hours; the on-duty employee may be called if a neighbor reasonably
believes the City~s noise ordinance is being violated; if the employee agrees the noise
violates the noise ordinance, the employee will take the necessary steps to rectify the
problem: if the employee does not agree the noise ordinance is being violated, the
appropriate City agency may be called by either party to resolve the issue; 1 2) This
conditional use permit shall be granted for a trial period of 1 2 months, following which
time the conditional use permit shall be reviewed by the Planning and Zoning Board; 13) A
written agreement, regarding overflow parking needed by the Kapok Pavilion, shall be put
into place between the Kapok Pavilion and PACT, Inc., consistent with agreements
between the City and PACT, Inc.; and 14) If allowable by City code, a sign will be posted
at the Kapok Pavilion employee parking lot, notifying the neighbors of the date of a special
event and every effort will be made to post such notice several days in advance of a
special event. The motion was duly seconded and carried unanimously.
82. Trial Period Review - Gail P. Peters/Azzam An SabIa (Sabia Super Food) to permit
package sales of beer and wine (change of business ownership) at 1504 N Garden
Ave. E.A. MarshaWs Sub, Lot 5-7, and Lesley's Sub, part of Lot 3 and part of vacated
alley, zoned CI (Infill Commercial). CU 95-55
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Ms. Glatthorn presented written background information, stating the board approved the
conditional use on October 3, 1995 subject to conditions regarding keeping the parking lot free
of litter and close staff supervision during the trial period to determine compliance with law
enforcement issues because a citizen had complained of fighting, littering and illegal activities
outside the establishment. The police continue to report no unusual activity and did not object
to continuation of the business. A possible sign violation is to be brought into compliance and
outdoor cooking is not to be allowed on the premises. Staff felt conditions support the request
and recommended approval with three conditions. One member requested inclusion of the
standard site lighting condition and expressed concern the board did not receive the six month
police activity report.
Azzam SabIa, the business owner/applicant, stated he was called overseas and someone
else oversaw his business during the trial period. He stopped the outdoor cooking as soon as
he became aware of it. He requested twice weekly garbage service from the City,
acknowledging the dumpster had been overflowing. He was not aware the sign on the building
was in violation, stating the previous owner had repainted an existing sign. Upon being
informed a sign permit is needed, Mr. SabIa agreed to comply.
Mostafa Abdel Magid spoke in support of the application. He did not understand why a
permit was needed for repainting a sign that has existed since 1976. It was explained the sign
must be brought into compliance with the new sign code.
No verbal or written opposition was expressed.
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Concern was expressed with the continuing litter problem. The applicant was instructed
by one member to keep the entire property clean and free of litter for the benefit of the
customers and the neighborhood. Mr. Sabia explained he ronts only half the property.
Member Bickerstaffe moved to approve Item B2 subject to the following conditions:
1) The applicant shall maintain all the property in a litter free condition at all times;
2) There shall be no outdoor cooking, barbecuing or other associated activities. There shall
be no outdoor retail sales, including no outdoor sales of food; 3) All site lighting shall be
equipped with a 900 cutoff mechanism, with the light being directed downward and away
from adioinlng residential properties and street rights-of-way prior to issuance of the
requisite occupational license; and 4) All signage on the property shall be in compliance
with the sign code and necessary permits for existing signage shall be obtained within 30
days from the date of this public hearing. The motion was duly seconded and carried
unanimously.
83. Trial Period Review ~ R.C. Lawler, Inc/Gregorv Vance Moore/Debra Ann
Delemeester (The Kennel Klub Bar & Grill, Inc) to permit nightclubs, taverns, and bars
(change of business ownership) and package sales of beer, wine, and liquor (new
license) at 1400 Cleveland Street, Knollwood Replat, Blk 1,. Lots 1-4, zoned CG
(Commercial General). CU 95-63
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In a letter dated April 10, 1996, representative E.D. Armstrong requested a continuance to
the next meeting, stating he will be out of town today. No verbal or written support or
opposition was expressed.
Member Nixon moved to continue Item B3 to the meeting of May 21, 1996. The
motion was duly seconded and carried unanimously.
B4. (cont. from 3/5/96) Kenneth L. Walker to permit manufacturing at 324 S Madison
Ave, Mac Dixsonts Sub, Lot 6, zoned UC(E) (Urban Center Eastern Corridor). CU 96.16
In a letter dated March 21, 1996, representative Harry Cline withdrew this applicatIon
and requested a refund of the filing fee.
C. Conditional Uses
C1. K.D. Sauder, Trustee/Margo Schmidt (Brew Time Pub) to permit nightclubs.
taverns, and bars (n.ew license); pub occupying over 10% of gross floor area of a retail
complex at 1969 Sunset Point Road, PineUas Groves, SW 1/4, part of Lots 1 & 2, zoned
CG (Commercial General). CU 96-24
Ms. Glatthorn presented written background information, stating the applicant proposes a
2,072 square foot beer and wine pub to include darts and a jukebox. Staff felt conditions
support the request and recommended approval with four conditions. .
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Margo Schmidt, the applicant, said she lives directly across from the property she
hopes to lease for the pub. She said they will have darts and a Cheers type of atmosphere
she feels will appeal to couples.
No verbal or written support or opposition was expressed.
Member Kunnen moved to approve Item C 1 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 900 cutoff mechanism, with the light being directed downward
and away from adjoining residential properties and street rights-of-way prior to issuance of
the requisite occupational license; 3) The sale of alcoholic beverages shall be limited to on
premises consumption with no package sales; and 4) There shall be no outdoor
entertainment, seating or speakers. The motion was duly seconded and carried
unanimously.
C2. Alpha Beach Resort, Inc., (Quality Inn Beach "Resort) to permit
business/professional offices which serve to tourist (real estate office) at
655 S. Gulfview Blvd, Bayside Sub #5, Blk C, Lots 8.11 & riparian rights, zoned CR 28
(Resort Commercial). CU 96-25
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Ms. Glatthorn presented written background information, stating the applicant proposes
to occupy 409 to 500 square feet of space in an existing office. Staff felt conditions
support the request and recommended approval with three conditions.
No verbal or written support or opposition was expressed.
Member Kunnen moved to approve Item C2 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 900 cutoff mechanism, with the light being directed downward
and away from adjoining residential properties and street rights.of-way prior to issuance of
the requisite occupational license; and 31 The approval shall apply only to a real estate
office use and shall be limited to a maximum of 500 square feet of existing office floor
area within the existing hotel. 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
01. 1500 Stevenson Drive, Stevensonls Height Sub, Blk A, Lot 27 (Baker &
Williamson Enterprises, Inc.) A 96.15
ZONE: CG (General Commercial)
Ms. Glatthorn presented written background information, stating staff recommends
endorsement of annexation to obtain CitY sewer service. Applicant Allyce Williamson was
present. No verbal or written support or opposition was expressed.
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Member moved to endorse Item D1 to the City Commission. The motion was duly
seconded and carried unanimously.
02.2730 Curlew Rd, Sac 17-28S-16E, M&B 31.03 (Kenneth P. Burke, Trustee} A 96 16
ZONE: RM-8 (Multi-Family Residential tlEight")
Ms. Glatthorn presented written background information, stating staff recommends
endorsement of annexation to obtain City sewer service. Attorney Dennis Deloach was
present to represent the applicant. No verbal or written support or opposition was expressed.
Member Kunnen moved to endorse Item 02 to the City Commission. The motion was
duly seconded and carried unanimously.
03. Park Place Blvd, Sac 17-29-16, (Storz Ophthalmics, rnc/Del American Properties &
Lecesse Development Corporation) Z 96-03
ZONE: RPD-16 (Residential Planned Development "Sixteentl)
Ms. Glatthorn presented written background information, stating staff recommends
endorsement of a zoning change for a 27 acre parcel in the Park Place DRI (Development
of Regional Impact.) During initial discussions with the applicant, staff established goals
for construction of a residential, pedestrian environment, that preserves important
environmental features. The proposed site plan met these goals and staff was excited by
the potential of this project to offef residents the opportunity to live, work, shop, attend
school, and recreate, all within walking distance. It was indicated the applicant will
f:~':4 provide a mass transit stop. Staff felt conditions support the request and recommended
endorsement.
Tim Johnson, representing the applicants, stated the developers wish to obtain the
property from Storz Ophthalmlcs to build a 390~unit upscale apartment development. To
be named the Grand Reserve at Park Place, it will fol/ow the development order of
allowable uses. The architect and a representative from King Engineering were present to
display artists renderings of the two sites. Mr. Johnson described how 15 three-story
buildings will be constructed over time as, the market requires. He described existing
conditions on surrounding properties. Staff has requested the applicant apply for a land
use plan amendment to reflect the residential use prior to obtaining a certificate of
occupancy for the last building. Mr. Johnson accepted the recommended conditions.
Member Kunnen moved to endorse Item D3 to the City Commission. The motion was
duly seconded and carried unanimously.
Board and Staff Comments
· Member Keyes stated he is unable to attend the May 21 meeting and Member Nixon
will chair.
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· Member Kunnen wished to forward to Mr. Shuford an application from the City of
Hollywood, Florida concerning planning. Ms. Glatthorn said Central Permitting staff
received copies as well.
· Member Nixon questioned the time frame for compliance with landscaping code at
1916 Gulf to Bay Boulevard (Tom Falone III, CU 96-23.) She referred to condition 115
approved by the board on April. 16, 1996, expressing concern improvements on the
parking lot appear to be delayed. Staff will investigate.
· Member Nixon questioned how the City Commission voted on the Twin Palm mobile
home park issue. It was indicated that item was continued to a full board. She questioned
a change in the requirement for mobile home park owners to relocate or purchase mobile
homes when land use changes occur. Assistant City Attorney Dougall-Sides referred to a
case in one of the district courts of appeal that struck down portions of the statute and the
legislature did not remove those portions from the books. It was indicated those
provisions are .not enforceable and the owner is not required by law to relocate or purchase
the homes, nor compensate the homeowners.
· Member Bickerstaffe questioned the status of a proposed parking garage near the
Pelican Walk back parking lot. Ms. Glatthorn said a consultant is working on a parking
study for Clearwater beach. Member Bickerstaffe expressed concern the City is missing a
valuable opportunity to get a parking garage that could bring in revenue without cost to the
City.
(::, Adjournment.
The meeting adjourned at 3:56 p.m.
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