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PLANNING &. ZONING BOARD MEETING .- ACTION AGENDA
Tuesday, June 18, 1996
Call To Order, Invocation, Pledge of Allegiance
Minutes Approval u June 4, 1996 -- Approved as corrected on page 5
B. Requests for Extension, Deferred and Continued Items
B1. (cant. from 5/21 & 6/4/96 - Trial Period Review R.C. Lawler. Ine/Grenorv Vance
Moore/Debra Ann Delemeester (The Kennel Klub Bar & Grill, Ine) to permit nightclubs,
taverns, and bars (change of business ownership) and package sales of beer; wine,
and liquor {new license} at 1400 Cleveland St; Knollwood Replat, Blk 1. Lots 1-4,
zoned CG (Commercial General). CU 95-63
ACTION: Continued to the meeting of July 16, at the request of the applicant.
82. a) The City of Clearwater proposes to adopt a Development Agreement between the
City of Clearwater and James A. Vogel and Hazel E. Vogel; Applicants, for property
located on the east side of Landmark Drive, approximately 650 feet south of
Enterprise Road, Clearwater, Florida; legally described as M&B 22.011 in Section 33-
29-16. The Development Agreement authorizes the development of up to 34 single
family residential units and up to 14,160 sq. ft. of office floor area.
b) The Annexation and Zoning Atlas amendments described below are associated
with the above development agreement: A 96-21
(~"'\ Tract A - See 33-28-16, M&B 22.011 less the South 509 ft more or less --
.,~~d Zone to OL (Limited Office)
Tract B - See 33-28-16, M&8 22.011 less the North 160 ft more or less --
Zone to RPD 5 (Residential Planned Development)
ACTION: Endorsed 82a and 82b to the City Commission
C. Conditional Uses
C1. Polish Center of John Paul II Ine (Polish-American Engineers) to permit on-premise
consumption of beer; wine and liquor, in conjunction with a fraternal organization (new
license) at 1521 N Saturn Ave, Sec 02-29-15, M&B 44.02, zoned P/SP
(Public/SemiPublic). CU 96-27
ACTION: Approved subject to the following eonditions~ 1) All consumption of
alcoholic beverages shall be on premises, interior only, with no sales for off premise
consumption; 2) There shall be no outdoor entertainment, seating or speakers; 3) all site
lighting shall be provided with a 900 cutoff mechanism with the light being directed away
from adjoining residential properties and street rights-of-way; 4) A sign permit shall be
obtained for the existing wall sign within 14 days of the date of this public hearing (Note:
The owner has an active sign permit for a 20 square foot wall sign which meets code
requirements and the owner merely needs to call the Central Permitting Department to
request a final inspection to finalize this sign approval); 5) Alcoholic beverage sales shall be
restricted to organization members and their guests and shall not include the sale of
alcoholic beverages to the public; and 6) The hours of operation shall be limited to 1 :00
p.m. to 12:00 midnight Sunday; 10 a.ni. to 7 p.m. Monday through Thursday, and 12:00
"'.......) noon to 1 :00 a.m.' Friday and Saturday.
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C2. Anna Tsafatlnos (Phillp's Class Act) to permit nightclubs, taverns and bars (new
license) at 22 N Ft Harrison Ave, Earl & Tate's Sub, part of Lots 12 & 13, zoned
UC(C) (Urban Center Core). CU 96-28
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit. certificate of occupancy and occupational license within six
months from the date of this public hearing; 2) All site fighting 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 consumption on
premises with no package sales; and 4) There shall be no outdoor entertainment, seating,
or speakers.
D. Annexation, Zoning, land Use Plan Amendment, Land Development Code Text
Amendment. and Local Planning Agency Review
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01. Zoning Atfas amendment of the City of Clearwater for property located on Fairburn
Avenue. Engman Street, and Betty Lane, Fairburn Add, Blk A, Lots 1 & 2, Fairburn Add,
Blk B, Lots .1-4, Fairburn Add. Blk C. Lots 5 & 6, Pine Brook Unit 2, Blk E, Lots 13-16, Pine
Ridge, Blk C, Lot 10, Pine Ridge. Blk D. Lots 8-13, Pine Ridge, Blk E, lots 8 & 9,
Stevenson's Heights, Blk A, Lot 27. (Everybody's Tabernacle, Inc/ Calvin M & Evelyn M
Doylel Sergeant Allen Moore Community Partnership, Incl M&H Co.1 Henry W & Anne B
Meister! Nicholas Koulouvaris, TREI Behnam Gholampoarl Bruce Mesagnol Thomas Sr &
Elizabeth 0 Floydl Baker & Williamson Enterprisel Alice Bluntl Dorothy CUliard Estatel
Homeless Emergency Project/City of Clearwater) Z 96-06
ZONE: From eN (Neighborhood Commercial) & CG (General Commercial) to
CI (Infill Commercial)
ACTION: Endorsed Item 01 to the City Commission
Chairman's Items -- Discussion
Director's Items ~H Scott Shuford
1. Preliminary Downtown Redevelopment Plan Amendment -- Winn Dixie
ACTION: Endorsed to the City Commission
2. Other Discussion -- Landscaping regulations amendment; Clearwater beach
CRA designation; Building activity in Pinel/as County by decade
Board and Staff Comments H_ Discussion
Adjournment -- 3:53 p.m.
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
June 18. 1996
Present:
Absent:
Jay Keyes
Brenda Harris Nixon
Kemper Merriam
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Scott Shuford
Leslie Dougall-Sides
Sandy Glatthorn
Gwen Legters
Edward Mazur
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Central Permitting Director
Assistant City Attorney
Central Permitting Manager
Board Reporter
Board Member
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. stating conditional use applicants may request a continuance due to
the absence of one board member.
Minutes Approval - June 4, 1996
Member Nixon requested a correction on Page 5. first paragraph of Board and Staff
Items, changing "North" Fort Harrison to "South" Fort Harrison.
Member Kunnen moved to approve the minutes as corrected. The motion was duly
seconded and carried unanimously.
B. Requests for Extension. Deferred and Continued Items
B1. (cont. from 5121 & 614196 ~ Trial Period Review R.C. lawler. Inc/GreQorv 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 St. Knollw Dad Replat. BI k
1, Lots 1-4, zoned CG (Commercial Genera!). CU 95~63
This item was continued from the May 21 meeting at the request of the
applicant's representative due to the absence of two board members. As the persons
wishing to speak in opposition could not be present for the June 4 meeting. the
applicant consented to move the request to today's hearing.
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Ms. Glatthorn presented written background information, stating the conditional use
was approved on October 31, 1995, subject to eight conditions. While staff had
recommended approval at the May 21 trial period review, public opposition and further
investigation of the police incident reports indicates the business appears to be creating a
nuisance for the surrounding residential neighborhood. It was indicated conditions of
approval #4, #5, and #6 have not been met. Today's hearing is the result of condition #7
for a six month trial period review of the application to ensure compatibility with the
surrounding property uses. Staff recommended denial as the application does not clearly
meet the standards for approval as outlined in City Code Section 41.033. Ms. Glatthorn
understood reporting Officer Thomas was to attend or report, at the Board's request, but
he was not present and no report was received.
Ms. Dougall-Sides said the officer's comments are not relevant to this hearing,
because remedies for creation of a nuisance are set forth in the code. State alcoholic
beverage license regulation and City Police have authority to enforce nuisance violations.
As the use was approved, Ms. Dougall-Sides urged the board to limit their consideration to
whether or not the conditions of approval were met within the time period allowed.
Ed Armstrong, attorney representing the applicant, requested a continuance due to the
absence of one board member. Some members argued that having one member absent
was not sufficient grounds for requesting a continuance. Ms. Dougall~Sides was requested
to research board rules.
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Member Kunnen moved to continue Item B 1 to the meeting of July 16, 1996.
Members Keyes, Bickerstaffe, and Kunnen voted "Aye"; Members Nixon, Merriam, and
Baron yoted "Nay," Motion failed due to a tie vote.
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Mr. Armstrong stated he has the right to cross examine the police officerwhose
testimony appears to be critical to staff's recommendation for denial. Member Nixon
stated she wished to change her vote because Officer Thomas was not present.
Upon reconsideration of the motion to continue Item B 1, Members Keyes, Nixon,
Bickerstaffe, and Kunnen voted "Aye"; Members Merriam and Baron voted "Nay." Motion
carried. Item B1 was continued to the meeting of July 16, 1996. Opposers in the
audience consented to the new hearing date.
Ms. Dougall-Sides researched the board rules and reported during Board and Staff
discussion. the tie vote section of the rules states an applicant may request a continuance
if fewer than all members are present.
B2. a} The City of Clearwater proposes to adopt a Development Agreement between the
City of Clearwater and James A. Vogel and Hazel E. Vogel, Applicants, for property
located on the east side of Landmark Drive, approximately 650 feet south of
Enterprise Road, Clearwater, Florida, legally described as M&B 22.011 in Section 33-
29-1 6. The Development Agreement authorizes the development of up to 34 single
family residential units and up to 14,160 sq. ft. of office floor area.
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b) The Annexation and Zoning Atlas amendments described below are associated
with the above development agreement: A 96-21
Tract A - See 33-28-16, M&B 22.011 less the South 509 ft more or less -
Zone to OL (Limited Office)
Tract 8 - See 33-28-16, M&B 22.011 less the North 160 ft more or less -
Zone to RPD 5 (Residential Planned Development)
Mr. Shuford presented written background information, stating the City wishes to
center the Landmark Drive extension in the right-of-way, curving the road through the
area. The applicant is asking for minor relief on the corner lot side setbacks, and interior
road right-of-way width to avoid lot layout problems due to the way the road loops around
within the subdivision. Mr. Shuford explained the annexation and zoning atlas
amendments, stating they are consistent with the Countywide land design. Staff felt
conditions support the request and recommended endorsement to the City Commission.
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Discussion ensued regarding code standards for corner lot side setbacks. Mr. Shuford
said he considered reducing the requirement years ago, but felt it was better to consider
reductions case by case, as most existing subdivisions already had larger setbacks for
corner lots. One member expressed concerns this disrupts neighborhoods and has no value
except aesthetics. Mr. Shuford felt aesthetic reasons were adequate to support the
standard, and questioned if a consensus exists to amend the requirements. He will provide
information regarding corner side setbacks for further discussion at the board's next
meeting. In response to a question regarding the right-of-way width, Mr. Shuford said he
will work with the City Enginee~ to provide five foot utility easements on both sides of the
roadway.
Marcus Vernon, engineer and attorney for the applicant, was present to answer
questions. He said Mr. Shuford did a good job summarizing what they are trying to
accomplish with the development agreement.
Member Kunnen moved to endorse Item 82 to the City Commission. The motion was
duly seconded and carried unanimously.
C. Conditional Uses
C 1. Polish Center of John Paul II Inc.. (Polish-American Engineers) to permit on-premise
consumption of beer, wine and liquor, in conjunction with a fraternal organization (new
license) at 1521 N Saturn Ave, See 02-29-15, M&8 44.02, zoned P/SP
(Public/SemiPublic). CU 96-27
Ms. Glatthorn presented written background information, stating the applicant received
conditional use approval for alcoholic beverage sales by a fraternal organization in one of
their buildings on December 19, 1995. As the owner is authorizing another group to use
the second building for activities that will involve the sale of alcoholic beverages, the State
requires two licenses. Staff felt conditions support the request subject to the same four
conditions imposed on December 19, 1995, plus a condition restricting alcoholic beverage
sales to organization members and their guests.
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One member requested deletion of the word "additional" from condition #3, to ensure
all site lighting conforms.
No one spoke in support or opposition to the request. One letter in opposition was
copied to the board. The writer cited concerns with the potential for increased
neighborhood traffic and alcoholic beverage related problems in this residential area.
Anthony Nalepa, representing the applicant, said his group provides engineers with
money to complete their education, thus creating a better standard of life, and helping the
community and nation. He said they will follow the law regarding alcoholic beverage sales
and will pay close attention to the condition of patrons so they do not become a problem
to anyone in the neighborhood.
Discussion ensued regarding the proposal and a condition was suggested to limit hours
of operation. In response to a question. Mr. Nalepa responded they are following State
alcoholic beverage regulations because the two operations in two separate buildings on the
property require separate licenses. One member expressed concern with two alcoholic
beverage facilities at the same address in the residential neighborhood and questioned jf
parking is adequate, Ms. Glatthorn responded the shared parking meets code
requirements.
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Member Merriam moved to approve Item C 1 subject to the following conditions: 1) All
consumption of alcoholic beverages shall be on premises, interior only, with no sales for
off premise consumption; 2) -There shall be no outdoor entertainment, seating or speakers;
3) all site lighting shall be provided with a 900 cutoff mechanism with the light being
directed away from adjoining residential properties and street rights.of-way; 4) A sign
permit shall be obta!ned for the existing wall sign within 14 days of the date of this public
,hearing (Note: The owner has an active sign permit for a 20 square foot wall sign which
meets code requirements and the owner merely needs to call the Central Permitting
Department to request a final inspection to finalize this sign approval); 5) Alcoholic
beverage sales shall be restricted to organization members and their guests and shall not
include the sale of alcoholic beverages to the public; and 6) The hours of operation shall be
limited to 1 :00 p.m. to 12:00 midnight Sunday, 10' a.m. to 7 p.m. Monday through
Thursday, and 12:00 noon to 1 :00 a.m. Friday and Saturday. Members Keyes, Nixon,
Bickerstaffe, Merriam, and Kunnen voted "Aye"; Member Baron voted "Nay," Motion
carried.
C2. Anna Tsafatinos (Philip's Class Act) to permit nightclubs, taverns and bars (new
license) at 22 N Ft Harrison Ave, Earl & Tate's Sub, part of Lots 12 & 13, zoned
UC(C) (Urban Center Core). CU 96-28
Ms. Glatthorn presented written background information, stating the applicant is
requesting a change from a 4COP SRX to a 4COP license so they can continue their
business in an existing restaurant with or without 51 percent of their revenue coming from
food sales.
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Steven Watts, attorney representing Philip's Class Act, Inc., stated this location was a
restaurant and lounge for more than 10 years prior to acquisition by the current owner. It
will have no additional impacts to the surroundings, and no takeout or package sales will
occur. They have excellent entertainment currently and no complaints have come from the
neighbors.
Concern was expressed the applicant claims to be able to provide 50 parking spaces
when none seems to exist. Overflow parking needs during popular events was questioned.
Mr. Watts said adequate parking exists behind the building and valet parking is provided.
He pointed out this use occurs at night when other businesses are closed. Discussion
ensued regarding hours of operation and the proposed license change. Mr. Shuford noted
this proposal meets the parking code, which was modified over a year ago to aHow
existing buildings to change uses without additional parking being provided, even when the
new use is more intensive. This was necessary due to the number of variances being
asked for downtown redevelopment and eased bringing people in and out of downtown
storefronts. Mr. Watts said the fire marshal restricts occupancy to 150. Some members
felt the establishment is first-class and surrounding property owners will work with the
applicant because they want new businesses to succeed. Limiting hours of operation was
not found to be necessary.
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Member Kunnen mDved to approvo Item C2 subject to the following conditions: 1) The
applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within six months from 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 consumption on premises with no package sales; and 4} There shall be no
outdoor entertainment, seating, or speakers. The motion was duly seconded and carried
unanimously. .
D. Annexation, Zoning, land Use Plan Amendment. land Development Code Text
Amondment. and Local Planning Agency Review
01. Zoning Atlas amendment of the City of Clearwater for property located on Fairburn
Avenue, Engman Street. and Betty Lane, Fairburn Add, Blk A, Lots 1 & 2, Fairburn
Add, Blk B, Lots 1-4, Fairburn Add, Blk C, Lots 5 & 6, Pine Brook Unit 2, Blk E. Lots
13-16, Pine Ridge, Blk C, Lot 10, Pine Ridge, Blk D, Lots 8-13, Pine Ridge, Blk E, Lots
8 & 9, Stevenson's Heights, elk A, Lot 27. (Everybody's Tabernacle, Incl Calvin M &
Evelyn M Doylel Sergeant Allen Moore Community Partnership, lncl M&H Co.! Henry
W & Anne B Meisterl Nicholas Koulouvaris, TREI Behnam Gholampoarl Bruce
Mesagnol Thomas Sr &. Elizabeth 0 Floydl Baker &. Williamson Enterprisel Allee Bluntl
Dorothy Oilliard Estate/ Homeless Emergency Project/City of Clearwater) Z 96-06
ZONE: From eN (Neighborhood Commercial) & CG (General Commercial) to CI (lnfill
Commercial)
Mr. Shuford presented written background information, stating the City has initiated
this rezoning to create a type of small scale zoning district to ensure land uses allowed in
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~ the zone match up with existing land uses. Staff felt conditions support the request and
recommended endorsement.
Member Merriam moved to endorse Item 01 to the City Commission. The motion
was duly seconded and carried unanimously.
Chairman's Items
At the request of Member Keyes, Ms. Dougall-Sides researched the board rules and
reported the tie vote section states an applicant may request a continuance if fewer than
all members are present. Member Merriam did not feel it is appropriate to announce this at
the beginning of a hearing He said it is sufficient to announce that an affirmative vote of
four members is required to approve a conditional use. Member Nixon suggested, when
applicants ask for a continuance, they should be required to discontinue operation of their
business until determination of their case.
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Member Keyes questioned, if police reports are not relevant to the business, why they
are considered as integral to the conditional use process. He expressed concern the
current situation discourages property owners from calling the police when it is needed, to
avoid putting their businesses at risk. Ms. Dougall-Sides said it is difficult to judge how
police incident reports relate to businesses without going case by case and reviewing the
report for each incident. Member Nixon expressed concern that because compatibility with
surrounding uses is not defined, the board has no, means of regulating a business' impact
on the neighborhood. Discussion ensued regarding whether the Planning and Zoning Board
may deny a conditional use, upon trial period review. due to incompatibility with
surrounding uses, and whether use of a police report is appropriate. Mr. Shuford said he
has always struggled with the concept of using land use regulations to regulate individual
behaviors. He suggested separating behavioral problems from land use issues by adopting
and enforcing nuisance regulations. This would distinguish police enforcement issues from
conditional use regulations. Several members supported this suggestion.
Director's Items d Scott Shuford
1. Preliminarv Downtown RedeveloDment Plan Amendment -- Winn Dixie
Mr. Shuford presented written background information, stating this is a preliminary
proposal and will come back to the board through the public hearing process. Clearwater
Neighborhood Housing Services (CNHS) is coordinating redevelopment of the northeast
corner of Cleveland Street and Myrtle Avenue with a Winn Dixie grocery stare and other
uses. The eRA Resolution 96-02 proposes to amend the downtown plan to add this
project, allowing the eRA to participate in funding. Mr. Shuford said endorsement of the
resolution is needed to enable staff to begin the public hearing process to take the plan
amendment before the City Commission. He explained the amendment must be
coordinated through the Pinellas Planning Council and County Commission. Because the
project will involve grant funding, he said a tight deadline is associated with the approvals.
Mr. Shuford recommended endorsement.
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Member Nixon was philosophically opposed to the project. She stated it is inherently
wrong to use government funds for building a supermarket downtown and questioned the
aesthetics. She felt the decision where to locate and funding should come from Winn Dixie.
Discussion ensued regarding the potential profitability, the future of downtown businesses in
relation to the new bridge, the role of CNHS in creating inner-city shopping districts, and the
residential development proposed for the vicinity in the downtown plan. Mr. Shuford said Winn
Dixie is willing to put in the store, with minor assistance from the CRA and some federal
grants. He will bring more details of proposed funding to the public hearing. Discussion
ensued regarding parking requirements and enforcoment, proposed hours of operation, and
architectural and landscaping design.
Member Kunnen moved to endorse Resolution 96-02 to the City Commission. The motion
was duly seconded. Members Keyes, Bickerstaffe. Merriam. Baron and Kunnen voted" Aye";
Member Nixon voted "Nay." Motion carried.
2. Clearwater Beach CRA Desianation
Mr. Shuford said the City Commission has recommended the use of more economic
development tools City-wide and especially for Clearwater beach, the City's most important
resource. A staff plan for South Mandalay Avenue was evaluated by a consultant with regard
to marketability. The consultant supported mixed use commercial and residential on the harbor
side and large hotels on the Gulf side. Mr. Shuford said staff will start the planning process
and asked board members to review the C-View tapes of the City Commission work session
with regard to economic development tools, beach parking and CRA plan for Clearwater beach.
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3. Other Discussion - Landscaping regulations amendment
Mr. Shuford reported the board will be seeing City Environmental Management staff's
recommendations for changes to landscaping regulations. He noted one of the changes will
require larger initial plantings.
Mr. Shuford said the City Commission receives and reads the board minutes and
recommendations, and appreciates the board's efforts.
Mr. Shuford referred to a series of maps on display in the chambers showing building
permit activity in Pinellas County by decade. He noted the maps show building booms in the
1920's, 1950's and 1970's, helping to locate aging structures that will be targeted for
redevelopment. He said staff will monitor new development to ensure compatibility with
remaining development.
,Board and Staff Comments
Member Nixon objected to the way the Police Department handles false alarm citations for
residential security systems versus the lack of charge for excessive calls to alcohol related
uses.
Member Bickerstaffe expressed concern with the filthy condition of the dumpster area at
the Kennel Klub. He requested strict enforcement of dumpster regulations.
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Member Baron questioned the status of the A to Be school. Mr. Shuford said It was
going forward and would require Design Review Board review' of the aesthetic design.
Adjournment
The meeting adjourned at 3:53 p.m.
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