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05/07/1996PLANNING 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 Chair Vice Chair Board Member Board Member Board Member Board Member Board Member   Leslie Dougall-Sides Sandy Glatthorn Gwen Legters 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 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. (Cont. from 3/19 & 4/2/96) 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 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 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 sites 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 to the surrounding residential properties. In response to questions, Ms. Glatthorn said parking is not a consideration of alcoholic beverage license approval. Denial of the request 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. 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. 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 Del 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 have 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 trial 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. 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 ingress/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 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; 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 be advised that additional parking is available at Ruth Eckerd 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 offsite 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 “shuttle stops” will be posted for those persons using the Ruth Eckerd Hall parking facility, to encourage those persons to utilize the shuttle service provided by the Kapok Pavilion; 10) The gap(s) in the Ruth Eckerd 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; 12) This conditional use permit shall be granted for a trial period of 12 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. B2. Trial Period Review - Gail P. Peters/Azzam Ali Sabla (Sabla Super Food) to permit package sales of beer and wine (change of business ownership) at 1504 N Garden Ave. E.A. Marshall's Sub, Lot 5-7, and Lesley's Sub, part of Lot 3 and part of vacated alley, zoned CI (Infill Commercial). CU 95-55 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 Sabla, 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. Sabla 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. 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. Sabla explained he rents 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 90º 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 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. B3. Trial Period Review - R.C. Lawler, Inc/Gregory 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 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 Dixson's 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 (new license); pub occupying over 10% of gross floor area of a retail complex at 1969 Sunset Point Road, Pinellas Groves, SW l/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. 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 C1 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 90º 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 Ms. Glatthorn presented written background information, stating the applicant proposes to occupy 400 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 90º 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 3) 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 D1. 1500 Stevenson Drive, Stevenson's 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. Member moved to endorse Item D1 to the City Commission. The motion was duly seconded and carried unanimously. D2. 2730 Curlew Rd, Sec 17-28S-16E, M&B 31.03 (Kenneth P. Burke, Trustee) A 96 16 ZONE: RM-8 (Multi-Family Residential "Eight") 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 D2 to the City Commission. The motion was duly seconded and carried unanimously. D3. Park Place Blvd, Sec 17-29-16, (Storz Ophthalmics, Inc/Del American Properties & Lecesse Development Corporation) Z 96-03 ZONE: RPD-16 (Residential Planned Development "Sixteen") 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 offer residents the opportunity to live, work, shop, attend school, and recreate, all within walking distance. It was indicated the applicant will 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 Ophthalmics to build a 390-unit upscale apartment development. To be named the Grand Reserve at Park Place, it will follow 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. 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 #5 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.