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06/27/1995 PLANNING AND ZONING BOARD June 27, 1995 Members Present: Kemper Merriam, Chair Jay Keyes, Vice Chair (arrived 2:02 p.m.) Edward Mazur Brenda Nixon John Carassas Bernie Barron Robert D. Bickerstaffe Also Present: Sandra Glatthorn, Central Permitting Manager Steve Doherty, Central Permitting Supervisor Gwen Legters, Board Reporter The meeting was called to order by the Chair at 2:00 p.m. in the Commission Chambers of City Hall, followed by the Invocation and Pledge of Allegiance. The Chairman outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk Department. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. To provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. A. Approval of Minutes - June 13, 1995 Member Bickerstaffe moved to approve the minutes of June 13, 1995, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. B. Requests for Extension, Deferred and Continued Items B1. (continued from 5/16/95) (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&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 gave the background of the case and presented, in writing, the staff recommendation. She stated staff has met with the property owner and neighborhood representatives to discuss problems concerning noise, trash and parking related to large events. Staff recommended approval with six conditions. Pamela Keris, attorney and co-owner of the subject property, expressed concern with condition #2 relating to parking lot security. She stated she is already providing a security guard to police the parking lot after hours. Additional guards direct traffic during Kapok Pavilion events. She stated it is difficult to provide overflow parking because the neighboring properties are unwilling to enter into reciprocal parking agreements with the Kapok Pavilion. Lengthy discussion followed regarding a parking solution. Another concern expressed by Ms. Keris was with the 14-day advance notification of coming events recommended in condition #3. She requested clarification regarding how and to whom such notice should be furnished. Mr. Doherty stated this was a courtesy requested by the representative of Del Oro Groves only for large events requiring overflow parking. The manner of notification was discussed at length. Ms. Keris questioned condition #5 relating to after hours policing of the parking lot. Mr. Doherty said this condition is the result of complaints received by staff concerning people drinking and playing loud music from their cars at night. Ms. Keris stated there has never been a substantiated case of this occurring after hours in the Kapok parking lot. She stated the only problems documented by the security guards concern neighborhood children defacing the statuary and grounds. Discussion ensued regarding a four-page outline of the issues by Ms. Keris, dated June 15, 1995. In addition to the previously stated issues, concerns regarding blowing trash and surrounding property values were addressed. She said there has been only one incident of material blowing from the dumpster enclosure and that incident was exaggerated. It was agreed some complaints concerning the subject property were not justified. Ms. Keris did not object to another nine month trial period. She indicated a major portion of the evening events currently being held will cease October 31. Regarding having no music after midnight, Ms. Keris requested to be allowed indoor music until 1:00 a.m. In response to a question, Ms. Keris described signage on the property. She stated a sign variance request is in process to enlarge what presently exists. Discussion ensued regarding the 4COP SR liquor license currently held by the establishment. Ms. Keris responded, while they do not presently have package sales, the license is a valuable commodity. She noted new licenses of this type are no longer available and she was not willing to relinquish use of the license as a condition of granting the request. Discussion followed regarding renewal cost and use of the license. It was understood the City is looking to avoid creation of another liquor store. Ms. Glatthorn read into the record the previously established conditions of approval imposed at the Planning and Zoning Board meeting of July 19, 1994. Sharon O'Flannery, Vice President of the Del Oro Homeowners' Association, spoke in support of the request. She stated she met with the City and the applicant and agreed to the trial period. She clarified the courtesy notification to the homeowners was to involve nothing more than advising two or three key people at Del Oro Gardens and Del Oro Groves of large events. She stated she would inform the Kapok Pavilion, in writing, of any change in this regard. Regarding an earlier point relating to past parking availability, Ms. O'Flannery said overflow parking was formerly directed to the Hamptons property, which is no longer available to the Kapok Pavilion. No one was present to speak in opposition to the request. Ms. Glatthorn noted neighborhood concerns were addressed at the meeting with staff and incorporated into the suggested conditions. Ms. Keris expressed concern some of the conditions were too stringent. There was general agreement the applicant has been asked to do more than is normally required of other commercial properties. It was felt the police, not the business owner, should be charged with enforcing the law when someone parks or behaves irresponsibly. Language contained in the recommended conditions of approval was discussed at length and modifications were proposed. Mr. Doherty provided clarification of the parking conditions in the area and vehicular access to the subject property. He stated it is not the policy of the Traffic Engineering department to provide temporary no parking signs for residential areas. Permanent no parking signs were felt to involve too many negative factors for homeowners. Member Keyes moved to approve Item B1 subject to staff conditions with modifications as follows: 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 Del Oro 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; 5) Kapok Pavilion shall police the parking lot to avoid nuisance behavior related to drinking and loud music from automobiles and 6) there shall be a trial period of nine months from the date of this meeting to determine if changes in the operation of this business have resulted in improved compatibility with the surrounding properties. The motion was duly seconded. Concerns were expressed with the suggested conditions of approval regarding hours of outdoor music and overflow parking. It was felt the conditions are too restrictive. Upon the vote being taken, Members Merriam, Keyes, Mazur, Nixon, Barron and Bickerstaffe voted "Aye"; Member Carassas voted "Nay." Motion carried. A continuance request for Item D3 was heard at this point. B2. (cont from 6/13/95) City of Clearwater (Pinellas County Head Start Child Development) to permit child day care at 701 N. Missouri Ave, New Country Club Addition, Blk B, Lot 12 and part of unplatted Blk C, zoned P/SP (Public/Semi Public). CU 95-40 Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. She stated the proposal is for the expansion of an existing child day care facility, which will require three additional parking spaces. A building permit was obtained and a modular building has been placed on the site. A permanent certificate of occupancy will not be issued until the parking spaces are provided, or a variance granted. Staff recommended approval with two conditions. William McClendon, representing the applicant, agreed with the recommended conditions and stated he would comply with the additional parking requirement. In response to a question, Mr. McClendon stated the expanded facility will serve about 35 children in two classes. Member Bickerstaffe moved to approve Item B2 subject to the following conditions: 1) a building permit for the parking lot shall be obtained within 30 days of the date of this public hearing, or a variance obtained therefor; and 2) a Certificate of Occupancy shall be obtained within six months of the date of issuance of the parking lot permit. The motion was duly seconded and carried unanimously. B3. REQUEST FOR EXTENSION: Charles D. Snead/Markos K. Lagos for vehicle service at 2070 Range Road, Sec 12-29-15, Pinellas Groves, NE l/4, part of Lots 11 & 12, zoned IL (Limited Industrial). CU 94-95 Ms. Glatthorn stated a three month time extension is being requested to allow time to obtain Traffic Engineering and Southwest Florida Water Management District (SWFWMD) approvals. She recommended approval subject to the conditions established at the December 18, 1994 meeting. Those previous conditions involving a six month time limit would be extended to nine months. Member Carassas moved to approve a three month extension from the date of this public hearing. The motion was duly seconded and carried unanimously. C. Conditional Use Applications C1. Park Place Bldg, Ltd/P.S. Restaurants, Inc/Clant Inc to permit the expansion of existing nonconforming nightclub at 420 Park Place Blvd, Sec 17-29-16, M&B 23.11, zoned CC (Commercial Center) and CG (General Commercial). CU 95-41 Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. She stated the proposal is for the expansion of the floor area in an existing nightclub within a shopping center. Outlining the current code requirements and gross floor area calculations, she noted the proposal will require one additional parking space. It was suggested this be provided by a simple adjustment to the site plan, as excess parking spaces exist in this shopping center. The Police Department commented that police activity for the subject property is consistent with the type of business. An activity report submitted by the Police Intelligence Unit shows the number of police calls has declined dramatically over the past two and a half years. John Potenza, business owner and Roxanne Amoroso, property manager, addressed the board. Mr. Potenza briefly highlighted the proposal. Ms. Amoroso questioned the condition regarding a recertified site plan. Ms. Glatthorn referred to the simple adjustment relating to the parking requirement. Questioned regarding the decrease in police calls, Mr. Potenza indicated he has a good relationship with police officers. Ms. Barrosa said the property management has worked very hard to effect the improvement. She stated posting no trespassing signs, strict adherence to police regulations, changing guard service and tightening down on unacceptable behavior has resulted in the extreme reduction in problems. Joe Dugan's was felt to be a well-run establishment and no concerns were expressed with the proposed addition. Member Carassas moved to approve Item C1 subject to the following conditions: 1) the sale of alcoholic beverages shall be limited to on premises consumption with no package sales; 2) the certified site plan for Park Place shall be amended prior to the issuance of a building permit; 3) the applicant shall obtain a building permit within six months from the date of this public hearing; and 4) a certificate of occupancy for the expanded area shall be obtained within one year of the date of this public hearing. The motion was duly seconded and carried unanimously. C2. Dimmitt Car Leasing Inc (BJ's Towing & Recovery Inc) to permit (1) indoor storage and/or warehousing of vehicles and (2) outdoor retail sales, displays and/or storage of vehicles at 509 Pine St, Wallace's Addition, Blk 4, Lots 1-3 and part of Lots 4-6 and vacant alley between, zoned CG (General Commercial). CU 95-42 Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. She stated B.J.'s Towing and Recovery, Inc. was recently awarded the City Police impounding contract; however, is currently operating without an occupational license. Outlining the storage, landscape buffering and setback requirements, she stated seven conditions of approval are suggested. The proposed conditions include a six foot opaque fence surrounding the outdoor storage area and no vehicular access from Turner Street. Discussion ensued about obtaining the occupational license and certificate of occupancy. It was not known whether a remote site owned by the applicant could be used for excess outdoor vehicle storage. Concern was expressed vehicles impounded as evidence should be stored inside. The building location was discussed in relation to the lots along Fort Harrison Avenue. Johnathan Haworth, the business owner, addressed the Board's concerns. He explained, he moved into the building after the Police Department awarded the contract. He was given 30 days to fulfill certain requirements, or move out. He stated he does have access to another property near Ulmerton Road, however, needs to use the Pine Street property because of its proximity to the Police Department. In response to a question, Mr. Haworth stated he does not expect to deal with more than the 50 to 60 cars which can be accommodated in the indoor storage area. Discussion ensued regarding the impoundment procedure, opaque fencing material and restricting access from Turner Street. Two citizens addressed the Board, expressing no objection to the application. While it was felt Mr. Haworth has done a good job cleaning up the property, clarification of the outdoor retail sales portion of the request was needed. It was indicated this relates to the auction of unclaimed vehicles. Mr. Haworth explained the procedure, stating an auction generally consists of selling a group of cars to interested dealers and would not generate noise or increased traffic. Another concern related to limiting vehicular access. Mr. Haworth stated he was not aware his business traffic was distressing the neighbors and was willing to limit access to avoid this. Lengthy discussion ensued regarding the type of opaque fencing material and landscaping to be provided around the outdoor vehicle storage area. While some felt wood was more aesthetically pleasing, it was indicated the police require chain link for security. Concerns were expressed chain link fencing with vinyl slats becomes unsightly after a short time and it is important to protect the view for the neighbors. Member Carassas moved to approve Item C2 subject to the six conditions recommended by staff plus a seventh condition that vehicular access be limited to Fort Harrison Avenue and Pine Street. The motion was duly seconded. Discussion ensued regarding the type of fencing material to be used and whether a time limit should be set for building the fence. Member Carassas withdrew his motion. The seconder agreed. Member Nixon moved to approve Item C2 subject to the following conditions: 1) there shall be no storage of vehicles on any right-of-way, retention area or required landscaped area; 2) display areas shall be clearly marked on a site plan to assist in code enforcement; 3) a six foot high opaque fence shall be installed within three months of the date of this public hearing; the Planning and Zoning Board recommends that this opaque fence be constructed of wood, if acceptable by the Police Department; 4) all site lighting shall be equipped with a 90? cutoff mechanism, with the light being directed downward and away from adjoining residential properties and streets rights-of-way within six months from the date of issuance of the requisite building permit; 5) the perimeter landscaping requirements of Sec. 42.27 shall be provided along the front of the property prior to issuance of a certificate of occupancy, and such landscaping shall be continuously maintained thereafter; 6) the required occupational license shall be obtained within two months of the date of this public hearing; and 7) vehicular access shall be from Fort Harrison Avenue to Pine Street only. The motion was duly seconded and upon the vote being taken, Members Merriam, Mazur, Nixon, Barron and Bickerstaffe voted "Aye"; Members Keyes and Carassas voted "Nay." Motion carried. The meeting recessed from 4:00 to 4:05 p.m. C3. Marco Cheaib/Hisham Moustafa Cheaib (Short Stop) to permit package sales of beer and wine (new license) at 2320 Sunset Point Rd, Sunset Point Estates, Blk B, part of Lots 17 & 18 less road r-o-w, zoned CG (General Commercial). CU 95-43 Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. Staff recommended approval with four conditions. In response to a question, Ms. Glatthorn stated she would investigate why Traffic Engineering noted a transportation impact fee may be required. Marco Cheaib, the property owner, stated he wishes to change the name of the store to Easy Pick. In response to questions, he stated he has never operated a business with alcoholic beverage sales and he will be the full-time manager. It was indicated Mr. Cheaib would receive instruction and be fingerprinted as part of the license process. He stated he understands the conditions for approval. Member Keyes moved to approve Item C3 subject to the following conditions: 1) the applicant shall locate and screen the dumpster according to Sanitation Division requirements. Dumpster screening shall be located a minimum of five feet from the north property line; 2) the applicant shall relocate and enclose the dumpster on the east side of the building according to Sanitation Division requirements within three months of the date of removal of the nonconforming freestanding sign located on the east side of the property; 3) all necessary building permits shall be obtained within three months of the date of this public hearing; 4) a certificate of occupancy shall be obtained within six months of the date of this public hearing; and 5) the applicant shall obtain approval from Traffic Engineering for any new parking spaces. The motion was duly seconded and carried unanimously. C4. Mark M Mitchell & Karl Pedersen, Trustees/Elizabeth D Mitchell TRUST to permit manufacturing and vehicle service at 20 S Washington Ave, Mattison Square, Lot 7, zoned UC (E) (Urban Center Eastern Corridor). CU 95-44 Ms. Glatthorn gave the background of the case and presented, in writing, the staff recommendation. She indicated staff is concerned the proposed use is intensive for this property. Questions were raised how cars waiting to be serviced will be handled. Staff recommended approval with four conditions. Mark Mitchell, owner, and Pete Martin, contracted purchaser, addressed the Board. Mr. Mitchell concurred with the staff report, stating the proposed use is similar to what exists in the surrounding area. He stated Mr. Martin's use is an improvement, as the previous owner was a marine contractor who kept the property in an unsightly condition. Discussion ensued regarding parking, retention and the work to be performed. Mr. Mitchell stated a larger building is planned to accommodate cars and equipment inside. Mr. Martin's stated his contract welding business staff consists of himself and a helper. Due to the nature of the business, he will not have a large number of customers driving up. He said any vehicles waiting for same day service would be parked in the large driveway, not in the street. Mr. Martin requested clarification of what type of work may be performed outside. Ms. Glatthorn stressed the code does not allow any type of outdoor service or storage in this location. She read the applicable code section into the record. She stated vehicles left outside overnight were considered outdoor storage. One citizen spoke in opposition to the request, expressing concern this is not a proper location for light manufacturing. It was felt there is insufficient parking and the lot is too small for this type of use. Concern was expressed with sand blasting on the site. Lengthy discussion ensued regarding sand blasting. Mr. Martin responded to questions, stating he knows how to do his work and will follow the code. He stated he would never attempt more than a small scale sand blasting job at this location and the work would be done inside with appropriate shielding. Anything larger would be contracted out. Questions were raised regarding the public amenity area. Ms. Glatthorn responded it has been a downtown district requirement for some time to provide for pedestrian access, in proportion to lot size. The proposed picnic table area is to meet this requirement. Discussion ensued regarding details of the outdoor service question. Ms. Glatthorn again stressed the code does not allow for any type of outdoor service. Consensus was a vehicle sitting in the driveway for a few hours, waiting to be serviced, would not be a violation. Member Keyes moved to approve Item C4 subject to the following conditions: 1) there shall be no outdoor storage or service; and no inoperable vehicles shall be stored outside the building for more than 24 hours; 2) the applicant shall provide an appropriate dumpster to handle the disposal of trash; this dumpster shall be located and screened according to sanitation division requirements as part of the building plan review process, prior to issuance of a certificate of occupancy; 3) all parts, tires, and other materials related to either the manufacturing or the vehicle service use shall be kept indoors at all times and 4) all customer vehicles and vehicles used in the conduct of the business shall be kept off the street right-of-way at all times. The motion was duly seconded and carried unanimously. C5. R. Roy Meador, Trustee of the R. Roy Meador Revocable Living Trust to permit utility facilities; detention pond at 509 Bayview Ave & 508 Meadowlark Lane, Town of Bayview Sub a/k/a McMullen's Bay View Sub, Blk 3, part of Lots 1 & 2, zoned RS 6 (Single Family Residential). CU 95-45 Due to scheduling, staff requested to continue this item to July 18, 1995. Member Bickerstaffe moved to continue Item C5 to the meeting of July 18, 1995. The motion was duly seconded and upon the vote being taken, Members Merriam, Keyes, Nixon, Carassas, Barron and Bickerstaffe voted "Aye"; Member Mazur was not present. Motion carried. D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment and Local Planning Agency Review D1. 1528 Stevensons Drive, Stevenson's Heights, Blk A, Lot 20 and abutting right-of-way (Roderick A. Johnson & Annette A. Rowe) A 95-12; LUP 95-14 LUP: Residential Low ZONE: RS-8 (Single-Family Residential) Member Carassas moved to endorse Item D1. The motion was duly seconded and carried unanimously. D2. 1317 Woodbine Street, Pine Ridge Sub, Blk C, Lot 5 (New Zion Missionary Baptist Church) A 95-13; LUP 95-15 LUP: Residential Low ZONE: RS-8 (Single-Family Residential) Member Carassas moved to endorse Item D2. The motion was duly seconded and carried unanimously. D3. 1221 & 1256 Bay Ave, 317, 323 & 325 Pinellas St, and 1225 Reynolds Ave, Westover Sub, Blk B, Lots 1-2 & 17, C. Perry Snell's Bluff View Court, Lots 22-24, and S.J. Reynolds Sub, Lot 8 (Morton Plant Hospital Association and Evmorphia M. Kralis) Z 95-02; LUP 95-13 LUP: From Residential/Office General to Institutional ZONE: From OL (Limited Office) to MPD (Master Planned Development) Emil Marquardt, representing the applicant, requested a continuance of this item to July 18, 1995. Member Mazur left the meeting from 3:08 to 3:12 p.m. Member Carassas moved to continue Item D3 to the meeting of July 18, 1995. The motion was duly seconded. Upon the vote being taken, Members Merriam, Keyes, Nixon, Carassas, Barron and Bickerstaffe voted "Aye"; Member Mazur was not present. Motion carried. D4. Ordinance No. 5860-95 of the City of Clearwater, Florida, relating to the Land Development Code; amending Division 18 of Chapter 40, Code of Ordinances, to provide for revised requirements for the North Greenwood Commercial District; amending Section 41.053, Code of Ordinances, to address Conditional Use Supplementary Standards for two conditional uses in the North Greenwood Commercial District; providing an effective date. Ms. Glatthorn outlined the proposed amendment, stating staff is recommending endorsement. Concern was expressed with having no setback requirement from North Greenwood Avenue and adjacent side streets. A question was raised if buildings in that area are flush with the street, or have sidewalks. Ms. Glatthorn indicated construction is allowed to the property line. It was not known if sidewalks are present; however, it was indicated pedestrian areas would be taken into consideration. Questions were raised regarding day care referenced at the top of page 6 of the ordinance. Ms. Glatthorn referred to Section 40.344 on page 2, stating child day care is under conditional uses, with limitations. Member Nixon moved to endorse Item D4. The motion was duly seconded and carried unanimously. E. Chairman's Items - None F. Director's Items - None G. Board and Staff Comments A question was raised whether the applicant's presence is required at a continuance request hearing. Ms. Glatthorn is to investigate. Discussion ensued with regard to hearing continuance requests earlier in the agenda. Ms. Glatthorn explained all applications are agendaed in the order they were received by staff. Consensus was to consider continuance requests, when known, at the beginning of the meeting, unless the public wishes to speak to the item being continued. In this case, the continuance request and associated comments are to remain in agenda order. H. Adjournment The meeting was adjourned at 4:55 p.m.