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06/18/1996PLANNING AND ZONING BOARD CITY OF CLEARWATER June 18, 1996 Present: Jay Keyes Brenda Harris Nixon Kemper Merriam Robert D. Bickerstaffe Bernie Baron Frank Kunnen Chair Vice Chair Board Member Board Member Board Member Board Member   Scott Shuford Leslie Dougall-Sides Sandy Glatthorn Gwen Legters Central Permitting Director Assistant City Attorney Central Permitting Manager Board Reporter   Absent: Edward Mazur 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, 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 5/21 & 6/4/96 - 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 St, Knollwood Replat, Blk 1, Lots 1-4, zoned CG (Commercial General). 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. 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. Member Kunnen moved to continue Item B1 to the meeting of July 16, 1996. Members Keyes, Bickerstaffe, and Kunnen voted "Aye"; Members Nixon, Merriam, and Baron voted "Nay." Motion failed due to a tie vote. Mr. Armstrong stated he has the right to cross examine the police officer whose 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 B1, 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 33-29-16. 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 - Sec 33-28-16, M&B 22.011 less the South 509 ft more or less - Zone to OL (Limited Office) Tract B - Sec 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. 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 Engineer 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 B2 to the City Commission. The motion was duly seconded and carried unanimously. C. Conditional Uses C1. 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, Sec 02-29-15, M&B 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. 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 if parking is adequate. Ms. Glatthorn responded the shared parking meets code requirements. Member Merriam moved to approve Item C1 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 90º 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.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. 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 allow 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. 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 six months from 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 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 Amendment, and Local Planning Agency Review D1. 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, Blk A, Lot 27. (Everybody’s Tabernacle, Inc/ Calvin M & Evelyn M Doyle/ Sergeant Allen Moore Community Partnership, Inc/ M&H Co./ Henry W & Anne B Meister/ Nicholas Koulouvaris, TRE/ Behnam Gholampoar/ Bruce Mesagno/ Thomas Sr & Elizabeth O Floyd/ Baker & Williamson Enterprise/ Alice Blunt/ Dorothy Dilliard Estate/ Homeless Emergency Project/City of Clearwater) Z 96-06 ZONE: From CN (Neighborhood Commercial) & CG (General Commercial) to CI (Infill 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 the zone match up with existing land uses. Staff felt conditions support the request and recommended endorsement. Member Merriam moved to endorse Item D1 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. 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 -- Scott Shuford 1. Preliminary Downtown Redevelopment 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 store and other uses. The CRA Resolution 96-02 proposes to amend the downtown plan to add this project, allowing the CRA 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. 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 enforcement, 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 Designation 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. 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. 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.