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10/15/1991 (2) ACTION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY. OCTOBER 15, 1991 - 1:30 PM .,$"" ... (' , PLEDGE OF ALLEGIANCE INVOCATION ITEM A. APPROVAL OF MINUTES 1. October " , 991 ACTION ~ Er.EIVED OCT 2 3 1991 crrv CLERK APPROVED CONDITIONAL USES. ANNEXATION, ZONING. LAND USE PlAN AMENDMENTS. LAND DEVaOPMENT CODE TEXT AMENDMENTS. AND LOCAL PlANNING AGENCY REVIEW: THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH. 1. The Chairperson reads from the Public Hearing Notice each Item as it Is presented. 2. The stafl report and pertinent background information are presented. - 6 minutes maximum. 3. Staff presents any supporting written documents. 4. Staff presents any opposing written documents. 5. The applicant or his representative presents his case. . 5 minutes maximum. 6. Persons who support the application speak. 3 minutes maximum for each individual; or spokesperson for group - 10 minutes maximum. 7. Persons who oppose the application speak - 3 minutes maximum for each Individual; or spokesperson for group - 10 minutes maximum. 8. Persons supporting the application (other than applicant! may speak in rebuttal - 3 minutes maximum. 9. Persons opposing may speak in rebuttal. 3 minutes maximum. 10. The applicant has an opportunity for final rebuttal. 5 minutes maximum. 11. Public Hearings are closed. 12. Discussion by the Board. , 3. The Board makes a decision. '.... FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. REQUESTS FOR EXTENSION. DEFERRED AND CONTINUED ITEMS: 1. (Continued (rom 9/17/91\ Lot 12, Blk D, Unit A and Lots 13 thru 15, Blk D, Unit C, BaVsldc Sub No 6, 1850 Bayway Boulevardl Resolution Trust Corp. as Conservator for Hollywood Federal Bank (Jerfrey Kelerleber/850 Baywayl. CU 91-71 Request. To permit on-premise consumption of beer, wine and liquor Zoned. CR 28 IResort Commerclall \'-~..... P & Z ACTION AGENDA -~ Approved subject to the following conditions: 1) The applicant shall obtain the required occupational license within one (1) year of the date of this public hearing; 2) 11le applicant shall obtain the requisite building permit within six (61 months of Um date of this public hearing; 3) The applicant sh.,ll obtain approval from the City Commission for the required minimum distance separation variance to permit the establishment to operate zero ft. from a residential (CA.2SI zoning district; 41 The applicant shall obtain approval by tlm Development Code Adjustment Board for a variance to the side setback. a variance to the c1earspace requirement, any necessary parking varianccsf and any other required variances; 51 TIlC restaurant shall be restricted to consumption on premises of alcohaHc beverages with no pack.,go sales; 61 The applicant shall make available to the Citv of Clearwater any audits requested by the Division of Alcoholic Beverages and Tobacco; 71 TllC applicant sl1.111 bring the existing parking lot into compliance with all City codes Including landscaping, striping and handicapped parking; 81 The appljci1nt st..,U meet the 51 % food and non- alcoholic beverage sales requirement and shall provide evidence of meeting this requirement 1 0/1 5/91 (">, \ .,~ c .. -- 2. lots 1 and 2, Harrington's Sub, (500 N. Fort Harrison Avenuel Adriano Battaglini, CU 90-69 Request - Review of conditional use after one. year trial perIod to permit: 11 non.commercial parking, and 2) vehicle services Zoning' CG (General Commercial) and RM 28 (multiple family resldentlall C. CONDITIONAL USES: 1. Boat Slip 8S, Island Yacht Club Condo, (200 Windward Passagel, James B. McCullough, CU 91-74 2. Request. To permit marln.a boat Iile Zoning - CG IGeneral Commercial) and ALlC (Aquatic Lands/Coastal) lots 1 thru 7, part of Lot 8, Blk 6, Milton Park Sub, and vacated alley lying south 01 Lots 1 thru P & Z ACTiON AGENDA upon request from City staff; 9) The following operational requirements shall be observed: a. There shall be no outdoor speakers; b. 10:00 PM shall be tho final time for scating with an 11:00 PM closing time; c. There shall be no outdoor scaling; d. There shall be no live entertainment other than accoustical guitar or piano; and 10) Alcoholic beverage sales shall be restricted to the first floor of the structure of approximately 4,000 square feet of gross floor area. Approved subject to the following conditions: 1) The direction of glare of lights from both motor vehicles and illuminating fixtures on the site shall be oriented away from surrounding properties; 2) Perimeter and Interior landscaping for lot 2 shall be provided in conformance with City Code Sections 136.023(ct through IjI subject to approval of the City's Environmental Management Division within 1 month of this pUblic hearing; 3) The applicant shall provide a five foot wide perimeter planting strip on lot 1 along N. Ft. Harrison Avo. to include a hedge. two shade trees and low volume irrigation; such landscaping shall be Installed in accordance with the National Nursery Standards (a shade tree shall be a minimum of 8 feet overall in height with 1.6 Inches caliper measured 6 Inches above grade and the shrubs shall be a minimum 24 inches high, 1.5 feet apart (3 feet at center); both standards to apply at timo of planting) subject to the approval of the City's Environmental Management Division within 1 month of this public hearing: 41 All used tires, parts, and similar objects shall be stored In the building or other enclosed structure; 51 All service facilities shall be Indoors; major repairs. including engine or transmission dismantling, painting, body, fender, and muffler work shall not be allowed; 61 Vehicle service work shall be restricted to 7:00 a.m. - 6:00 p.m. Monday through Saturday, with no seNice work done cn Sundays; 7) All parts shall be stored indoors; 8) The street side of the fence shall be landscaped In accordance with Section 136.016(h) subject to the approval of the City's Environmental Management Division within 3 months of this pUblic hearing; 9) There shall be no outdoor , sales, display and/or storage of vehicles; For Sale signs on vehicles parked on the property shall be prohibited; lOt The site design shall be approved by the Planning and Development Director within 2 months of the date of this public hearing shall include the parking design meeting all City requirements; and 11 J This approval shall be for a three (3) months triat period at which time the Board shall review to see if conditions are met. Approved subject 10 the following conditions: 1 t The applicant shall obtain the requisite building permit within six months of this public hearing; and 21 Llveaboards are prohibited from using the subject slip. 4 ('219 S. Fort Harrison Avenuel O'Keefe's Ine/G. Anthony DuOuesnav (O'Keefe's 2 '0/15/91 ,~ l_, E. F. 1. G. , "-- Tavern & Restaurant) CU 91-75 , 3. Request - To permit on'premise consumption 01 beer, wine and liquor Zoning - IL (limited Industrial) Lot 6, Blk B, Bayside Sub No 5, 1645 Bayway Boulevard}, James L. Doran, Trustee (Transportation Stationl CU 91-76 Request - To permit outdoor commercial recreation/entertainment of motor scooter and bicycle rentals Zoning - CB (Beach Commercial) D. ANNEXATION, ZONING, LAND USE PlAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND lOCAL PLANNING AGENCY REVIEW: 1. To consider an intertocal agreement between Pinellas County and the City of Clearwater to exercise comprehensive planning authority pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as set forth in Part II of Chapter 165, Florida Statutes, and enforce land development regulations to regulate the development of land within the respective areas of Jurisdiction of each party to the agreement. CHAIRMAN'S ITEMS DIRECTOR'S ITEMS Update on Plnellas Planning Councl1 Local Government Consistency Program. BOARD AND STAFF COMMENTS P & Z ACTION AGENDA Approved subject to tho following conditions: 11 The requisite occupational licenso $h,,1I be obtained within she l6) months; and 2) Approval is limited to alcoholic beverage sales for consumption on premises onlv, with no package sales. , Approved the above request subject to the following conditions: 1) Requisite occupational license shall be obtained within six (6) months from the date of this publiC hearing; 2) The hours of operation shall be llmlted to a 9:00 p.m. closing time; 3) landscaping along Bayway Boulevard shall be provided In accordance with the plant material requirements of Sec. 136.023 for street yard perimeter landscaping; and 4) There shall be no outdoor storage of bicyctes or motor scooters within parking area or within the street setback area. Recommendation of approval of the above request to the City Commission. ") 3 10/15/91 /' FS~ MINUTES PLANNING & ZONING IJOARD TUESDA Y, TUESDA Y, OCTOIJER 15, 1991 Members Present: CIHlirmun Schwol1, Messrs, Dickerstaffe, Hamilton, Mazur, Merriam, Carassas and Savage. Alsu Present: James Polnuy, J r., Director Planning & Development SCOll Shuford, Planning Manager Sandl'U Glallhorn. Senior Planner Pat Fernandcz, Recording Secl'eHlry r0,:l{ b -tTirwJL-lllij U!1~EC ~_~~:9~~ ell -( CU:nK DEPT. Members Excused: Chairpcrson Schwab outlined the proccdures for conditional uses and advised that anyone adversely affected by a decision of the Plmming and Zoning Board, with regard to conditional uses, has two weeks from this dale in which to liIe an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Buard to have a record of the proceedings LO support the appeal. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. A. APPROVAL OF MINUTES Motion was made by Mr.BickerstaITe, ami secomled hy Mr. Carassas, to approve the minutes of October 1,1991 with one correction. Motion carried unanimously (7 to 0). I " B. REQUESTS foOR EXTENSION, Dm~ERRED AND CONTINUED ITEMS: '-/ I. (Continued from 9/17/91) Lot 12. U1k D. Unit A and Lots 13thru 15, B1k D, Unit C, BaysideSub No 6, (850 Bayway lloule'l:lnl) Resolution Trust Corp. as Conservatur for Hollywoud Federal Bank (Jeffrey Keierleber/850 llayway), CU 91-71 Request - To permit on-premise consumption of beer, wine and I iqLlor Zuned ~ CR 28 (Resort ComlHl.ll'cial) . Mr. Shuford gave the hllckgl'llund of the case anti submitted. in writing, the stafr recommendation. He further asketllhe representative to advise uf an)' specil1cs he has 011 a proposed restaurant. Gary Welsh, llpplicilJlt's reprc.'icnt:ltive, 250 N. Patrick Boule....ard, Suite 140, Brookfield, WI. 53045, stated they have been unsllccessful in Iheir scarch for a tcnant for the reslaurant operation. The economy may be to blume. They have an accepted olTer to purchase the property which has to be exercised by Novemher 23, t991. He slaled chances are slim they will operate a restaurant but envision a coffee shop/deli operation, That operatilln. scaled down to 4,000 square feet. would he on the first floor along with maintenance rooms and a motel oflic~. molel units 011 hoth the second and third floors and apartment:> on the fourth nUllL Another use was utilizing the Iirst nUllr as a health club, however real estate pcople indicaled thmlimlillg Stich iltCllilnt would he unrealistic, Their present gout is to retain the I iqullr J icense that is in escrow. They lIeed to work olllthe dcnsity to arrive at the lIumber of mutel units allowahl c, P & Z ~lINUTES The Board al'ked questions ahout the type or style of operation and commented on the lack of a definite plan. r 8' r. ,', , I '....., .. Mr. Shuford staled that the property has been vacant and the recommendations arc designed to aUract an entity that is compatible with the neighbors and beach community. He advised we were in receipt of a petition containing 143 signatures that were against a conditional use for a restaurant/lounge open until 2:00 A.M. seven days a week. No one spoke in support of this request. In oppositiun. Audrey 'l1lOma.<;. 830 S. Gulfvicw, stated her neighbors are children and working people whose peace would be damaged if U1C Board allowed a restaurant to close later than 10:00 PM. She foresees a problem with any traffic generating use as the noisc would be detrimental to their quiet, would impact parking, and create even greater problems with finding parking than now exists. In opposition, Marcntina DiNatale. 830 S. Gulfvicw Boulevard, stated the operational requirementli as presented by staff should be considered. Among the conditions are no outdoor speakers, no outdoor seating, and a 10:00 PM closing. She feels they reside there because it is a quiet. peaceful neighborhood and they do not know the namc of or the type of restaurant the lessee will open. In opposition. Stan Frederico, 86S S. Gulfview Boulevard, expressed his concerns regarding parking. Recent construction and boat slips take up considerable parking. He does not feel the amount of money which must be spent to refurbish and open a sandwich coffee shop would be recouped. In oppusition. Mary Riedel, 851 Ilayway Boulevard South. Apt. 403, lives directly opposite the proposed restaurant. Originally, Ulere was a bar as well as a restaurant. She questioned the meaning of 10:00 PM closing; was it for both Ule restaurant and bar? Mr. Schwob informed her there was a 10:00 PM closing recommended for the whole operation along with a 51 % food sales requirement. In opposition, John DiNatale, 830 S. Gulfview Boulevard, stated he was speaking as an individual but was the Vice President of the Clemwater Point #8 Association. Both the Sail master and Shipmaster buildings were built after the suhject building. Patrons used to park where these buildings are now located. He presented an additional petition shcet with 18 more signatures. Parking is not available for residents and Uleir guests eight or nine times a year during the off season. Walkers and bikers would be impacted by additional cars in the mea. He feels barricades would become necessary but believes the bar should close at 9:00 PM and the building at 10:00 PM. Parking is inadequate now without additional vehicles. In response to a question by the Board, he concurred that on-street parking is for anyone who gets there. With the difficulties Uley now expericnce, what are the residents supposed to do. His contention is the bar should be kept to reasonable hours. In opposition, Marvin Rubin, 851 S. Bayway Boulevard, Apt. 60S, asked Mr. Welsh if Mr. Keierleber was present so he could ask him questions and was advised Mr. Welsh was authorized to speak for the applicant. Mr. Rubin's concern is that any restaurant allowed should close at 10:00 PM and be emptied by II :00 PM. Parking is important for him; he counted 41 total spaces with 6 belong to the hoats (and they need more), 8 for the motel units and believes any restaurant with only 27 spaces should be ruled out. Gmhage and service trucks would need spaces to enter. He believes another use should be developed. In opposition, Warrell J. Dirkin, 830 S. Gulfvicw Boulevard, stated they would like to recommend that the Board request the applicant meet with representatives of the condo associations to discuss in detail their plans and who the operator is going to be so that hath call come together on a program that would he acceptable for everyone. He feels a condition should contain that requirement. . P & Z MINUTES 2 In rebuttal, Mr. Welsh, stated he still had some confusion about densities and the change of one item and Hs effect on another item. He does recognize parking is a problem and have scaled their original (. recommendation down from 7,000 to 4,000 square feet. He reiterated that the license is for on-premise (, consumption only and not for package sales. Discussion ensued with Board members expressing concerns including the following: If the license were denied, they asked when the applicant could reapply. It was noted the Code does not define a dell. The petition was recognized, however, members felt people signing were frightened by the 2:00 AM closing. They would like some flexibility as they recognize the building is in foreclosure. the license is in escrow, and a denial would result in a nine month wait before the applicant could reapply. A different application would allow them to reapply. The Doard would prefer a restaurant of Leverock's-type operation. With motel patrons upstairs, it is felt the appl icaot would be jeopardizing his investment if he allowed an unruly restaurant operation on the ground floor of his building. If the property were sold, it would again appear before the Board. Some members feel the applicant will request, in six months. that he be allowed to bolster his profits by allowing package sales. The limitations placed by the Board may have an effect on the price paid for this property due to its limitations and are considering a trial period. Mr. Shuford stated package sales would probably not be available due to the applicant not having the required number of rooms. ~._d- Motion was made by Mr. Hamilton, am] seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: I) The applicant shall obtain the required occupational license within one (1) year of the date of this public hearing; 2) The applicant shall obtain the requisite building permit within six (6) months of the date of this public hearing; 3) The appHcant shan obtain approval from the City Commission for the required minimum distance separation variance to permit the establishment to operate zero ft. from a residential (CR-28) zoning district; 4) The applicant shall obtain approval by the Development Code Adjustment Board for a variance to the side setback, a variance to the c1earspace requirement, any necessary parking variances, and any other required variances; 5) The restaurant shall be restricted to consumption on premises of alcoholic beverages with no package sales; 6) The applicant shall make available to the City of Clearwater any audits requested by the Division of Alcoholic Beverages and Tobacco; 7) The applicant shall bring the existing parking lot into compliance with an City codes including landscaping, striping and handicapped parking; 8) The applicant shall meet the 51% food and non-alcoholic beverage sales requirement and shall provide evidence of meeting this requirement upon request from City staff; 9) The following operational requirements shall be observed: a. There shall be no outdoor speakers; b. 10:00 PM shall be the final time for seating with an 11:00 PM closing time; c. There shall be no outdoor seating; d. There shall be no live entertainment other than acoustical guitar or piano; and 10) Alcoholic beverage sales shall be restricted to the first floor of the structure of approximately 4,000 square feet of gross floor area. Upon roll call, the vote was: "Ayes": Bickerstaffe, Schwob,.Hamillon, Merriam "Nays": Carassas, Mazur, Savage Those dissenting all stated the llse is not reasonably compatible with the surrounding uses in the surrounding area. Motion carried (4 to 3). . 2. Lots I and 2, Harrington's Sub, (500 N. Fort Harrison Avenue) Adriano Battaglini, CU 90-69 Request - Review of conditional use after one-year trial period to permit: 1) non~commercial parking, and 2) vehicle services Zoning - CO (General Commercial) anll RM 28 (multiple family residential) P & Z MINUTES 3 Mr. Shuford gave the background of the case and submitted, in writing, ilie staff recommendation. Members expressed concerns that the applicant has not complied with all the conditions previously set I forth by the Board. f'''' Adriano Battaglini, applicant, 406 Venetian Drive, Clearwater, stated he had planted shade trees on two occasions and they were stolen within days. Cars are stored due to people not having the money, some just leave their cars and do not pick them up promplly while otllers are waiting for parts to be received. Vandalism has been a problem. He put up a six-foot fence which the City, because of the Code, had him change to a four-foot fence. On a query about selling cars, he slated customers bringing an auto in for repair sometimes have a sate price on their own auto which the individual hopes to sell. The outdoor sales request was turned down one year ago. The back lot contains hard shell, is not paved. and the striping was not approved. Consensus is the Board wants the landscaping accomplished and "For Sale" signs eliminated on any cars on the lot. In support, Robert Casagrande, 31 Paradise Lane. Treasure Island, stated the applicant has started a fairly good business but has problems with the restrictions and time frames being unrealistic. At this time the money is not there. The applicant put up a four-foot fence and now the City wants a six-foot fence. As a service customer Mr. Casagrande was outraged because his vehicle had to be put in front and his auto was smashed in. He reported he had seen the trees when they were planted and subsequently were stolen. Costs of the conditions set forth by the Board are difficult for,a business in its infancy to afford. In opposition, Bruce Silton, 500 N. Osceola, Apt. 307, stated he represents the Harbor Bluffs Condominium Association. He recognizes the applicant wants his business to survive, and he does as well, but is concerned about the neighborhood. Photos were submitted showing a sales price in a car window, an auto in the back of the lot heing taken apart, and a photo of a large pile of stone and concrete slab. They do not want to put the applicant out of businessJ but want the conditions met. The 92 families living nearby believes tllat if the intention to enforce is there that the applicant will comply. P & Z MINUTES 4 Mr. Schwab mentioned tllat the site is considerably better than it was a year ago when it was like a junkyard. In rebuttal, Mr. DattagliniJ stated the pile of rubble was put there when he was doing landscaping. It was arranged that the rubble would be picked up but it was never removed. It is too heavy for him to move so he will have to hire someone. Black topping the back lot is too costly and he would like to leave hard gravel and shell. He still would like to sell cars outside. TIle applicant has two bays and usually works by himself and needs spaces where he can park vehicles wailing for parts. In response to questions by the Board he stated cars remain on the lot until a customer has paid for the repairs, others are waiting for parts. The Board nuted one year ago that a conditional use permit for outdoor sales and display was denied and the RM-28 zoning does not allow cars to be parked overnight on the back part of the property. It is a difficult location. The landscaping was to shield the site from the surrounding condominiums. lbe same is true for the six foot fence which could create the putential for more vagrant activity. If it was secured it would provide greater security. The front of the lot is zoned neighborhood commercial and the rear is RM-28. The cumbination effectively ties the Board's hands. It was noted the Public Works Director could waive aSphalt if he deemed it not necessary. 111is would curtail costs. He has had one year to comply. Wrecks and junk have largely been removed. The Board should he able to make the site more useahle with a zoning change alluwing parking at the rear, however that appears slim. A Land Use Plan Change was also suggested. TIle downtown eRA area being expanded may assist the applicant. ( fn,\ Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe. to approve the above request subject to the following conditions: I) The direction of glare of lights from both motor vehicles and illuminating fixtures on the site shall be oriented away from surrounding properties; 2) Perimeter and interior landscaping for Lot 2 shall be provided in conformance with City Code Sections 136.023(c) through 0> subject to approval of the City's Environmental Management Division within 1 month of this public hearing; 3) The applicant shall provide a five-foot wide perimeter planting strip on Lot 1 along N. Ft. Harrison Ave. to include a hedge, two shade trees and low-volume irrigation; such landscaping shall be installed in accordance with the National Nursery Standards (a shade tree shall be a minimum of 8 feet overall in height with 1.5 inches caliper measured 6 inches above grade and the shrubs shall be a minimum 24 inches high, 1.5 feet apart (3 feet at center); both standards to apply at time of planting) subject to the approval of the Citis Environmental Management Division within 1 month of this public hearing; 4) All used tires, parts, and similar objects shall be slored in the building or other enclosed structure; 5) All service fllcilities shall be indoors; major repairs, including engine or transmission dismantling, painting, body, fender, and muffler work shall not be allowed; 6) Vehicle service work shall be restricted to 7:00 a.m. - 6:00 p.m. Monday through Saturday, with no service work done on Sundays; 7) All parts shall be stored indoors; 8) The street side of tlle fence shall be landscaped in accordance with Section 136.016(h) subject to the approval of the City's Environmental Management Division within 3 months of this public hearing; 9) There shall be no outdoor sales, display and/or storage of vehicles; For Sale signs on. vehicles parked on the property shall be prohibited; 10) The site design shall be approved by the Planning and Development Director within 2 months of the dale of this public hearing shall include the parking design meeting all City requirements; and 11) This approval shall be for a three (3) months trial period from the date of this hearing at which time the Board shall review to see if conditions are met. Motion carried unanhnous\y (7 to 0). " C. CONDITIONAL USES: 1. Boat Slip 89, Island Yacht Club Condo, (200 Windward Passage), James B. McCullough, CU 91- 74 P & Z MINUTES 5 Request - To permit marina boat life Zoning - CG (General Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in wriling, the staff recommendation. James B. McCullough, applicant; 3160 McMullen BooUl Road, Clearwater; stated he wanted a Iin installed in the condominium slip he owns. He has it in writing that his neighbors do not object No persons appeared in support of or in opposition to Ule above request. Motion was made hy Mr. CHnlSSaS, and seconded hy Mr. Bickcrstaffe, to approve the above request suhject to the following conditions: I) The applicant shall ohtaillthe requisite building permit within six munths of this public hearing; and 2) Liveaboards are prohibited from using the subject slip. Motion carried unanimously (6 to 0). 2. Lots 1 thru 7, part of Lot 8, B1k 6, Milton Park Sub, ami vacmed alley lying SOUUl of Lots 1 thru 4 (1219 S. Port Harrison Avenue) O'Keefe's Jnc/G. Anthony DuQuesnay (O'Keefe's Tavern & Restauranl) CU 91-75 -, Request - To permit on-premise consumption of heer, wine and liquor ( ""'-T " Zoning - IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted. in writing. the staff recommendation. No persons appeared in support of or in opposition to the above request. Bob Herbrich, applicant's representative. 216 Prescott Avt'nue, stated he is the architect and that the kitchen and bathrooms are being expanded. The renovation gives them 30 additional seats and' the operation will remain the same. Motion was made by Mr. Carassas, ami seconded by Mr. Bickcrstaffe, to approve the above request subject to the following conditions: 1) The requisite occupational1icense shan be obtained within six (6) monlhs from the date of this hcnring; and 2) Approval is limited to alcoholic beverage sales for consumption on premises only, with no package sales. Motion carried unanimously (6 to 0). 3. Lot 5, B1k D, Bayside Sub No 5, (645 Dayway Boulevard), James L. Doran. Trustee (Transportation Station) CU 91-76 Request - To permit outdoor commercial recreation/entertainment of motor scooter and bicycle rentals Zoning - CD (Beach Commercial) Mr. Shuford gave the background of the case and submitted, In writing. the staff recommendation. He distributed two copies of letters of support. No persons appeared in support of Of in opposition to the above request. Scott SUiLC\. applicant's representative. 8 Cambria. Apt. 301, Clearwater Beach, stated they found this new site for their scooter/bike rental buslness. They generate little need for parking and the hours are such parking does not constitute a problem. Users must be licensed, guardians are necessary for those between the ages 16-18, and closing is usually at 6:00 PM; the customer rents the bikes for several days. The applicant queried his, rather than the owner, having to bear the burden of landscaping. Mr. Shuford advised a new application gives the City the chance to make some improvements to a barren site. Motion was made by Mr. Hamilton, ami seconded by Mr. Savage, to approve the above request subject to the following conditions: I) Requisite occupational I icense shall be obtained within six (6) months from the date of this public hearing; 2) The hours of operation shall be limited to a 9:00 p.m. closing time; 3) Landscaping along Bayway Boulevard shall be provided in accordance with the plant material requirements of Sec. 136.023 fur street yard perimeter landscaping; and 4) There shall be no outdoor storage of bicycles or motor scooters within parking area or within the street setback area. Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING. LAND USEPLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT. AND LOCAl,. PLANNING AGENCY REVIEW: 1. To consider an interlocal agreement between Pinellas County and the City of Clearwater to exercise comprehensive planning authority pursuant to the Local Government Comprehensive Planning and Land Developmenl Regulation Act, as sel forth in PartH of Chapler 165, Florida Statutes, and ent()rce land development regulations to regulate the development of land within the respective areas of jurisdiction of each party to the agreement. P & Z MiNUTES 6 , " i ~" f~') "-... ',--," , Ms. Glatthorn gave the background of the case. Motion was made by Mr. Hamilton, and seconded by Mr. Bickerstaffe, for recommendation of approval of the above request to the City Commission. Motion carried unanimously (7 to 0). F. DIRECTOR'S ITEMS 1. Update on Pinellas Planning Counell Local Government Consistency Program. Mr. Shuford gave a brief summary of the program and its impact on Clearwater due to changes In Land Use Plan classifications. He indicated that a more detailed presentation would be provided to the Board at its next meeting. Ms. Glatthorn gave a handout for members to read and digest before the next meeting. The meeting was adjourned at 5:33 PM. , Planning & Development P & Z MINUTES 7