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04/02/1996PLANNING AND ZONING BOARD CITY OF CLEARWATER April 2, 1996 Present: Jay Keyes Edward Mazur Robert D. Bickerstaffe Bernie Baron Frank Kunnen Chair Board Member Board Member Board Member Board Member   Leslie Dougall-Sides Sandy Glatthorn Gwen Legters Assistant City Attorney Central Permitting Manager Board Reporter   Absent: Brenda Harris Nixon Kemper Merriam Vice Chair Board Member   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. 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 High Corp/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. 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. 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. Board discussion ensued regarding the application. Staff was encouraged to monitor the operation for code compliance. Member Kunnen moved to approve Item B1 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. 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&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 95-47 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, 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. 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 allowed. 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 B2 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 D1. 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) 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 D1 to the City Commission. The motion was duly seconded and carried unanimously. D2. 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 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 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. 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 D2 to the City Commission. The motion was duly seconded and carried unanimously. D3. 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 D3 to the City Commission. The motion was duly seconded and carried unanimously. E. Chairman's Items Member Keyes requested staff to provide information regarding the history and grandfathering 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. Quillen 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. G. Board and Staff Comments -- None H. Adjournment The meeting adjourned at 3:38 p.m.