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12/03/1991 (2) ACTION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, DECEMBER 3. 1991 . 1 :30 PM ('" PLEDGE OF AllEGIANCE INVOCA TlON ITEM A. APPROVAL OF MINUTES 1. November 05, 1991 November 19, 1991 CONDITIONAL USES. ANNEXA1ION. ZONINC"1. lJ\ND USE PlAN AMENDMENTS. LAND DEVELOPMENT CODE TEXT AMENDMEN rs. AND LOCAL PlANNING AGENCY REVIEW: THE BOAno FOllOWS THE PROCEDUReS OUTLINED BELOW. ALL TESTIMONY FOR CONDlllONAl USE REOUESTS IS GIVEN UNDER OATH. The Chairperson reads from the Public Hearing Nolice oneh item as it is presented. The stnff report and portinent background information arc presented. . 5 minutes maximum. Staff presents any supporting written documonts. Staff presents any opposing written documents. The Dppticant or his repmsentiltive presents his case. - 5 minutes maximum, Persons who support the applieatJon speak - 3 minutes maximum for each Individualj or spukesperson for group . 10 minutes maximum. Persons who oppose the application speak. 3 minutes maximum for each imHvldunlj or spokesperson for group - 10 minutes ml])cimurn. Persons supporting the application lother than applicant) may speak in rebuttal. 3 minutes maximum. Persons opposing may speak in rebuttal. 3 minutes maximum. The applicant has an opportunity for final rebullal . 5 minutes maximum, Public Hearings arc closed, Discussion by the Board, The Board makes a decision. 1. 2. .. 3. 4. 5, 6. 7. B. 9. 10. ll. 12. 13. { ~_... ACllON 1:{r:}r"LTT~: '-[f:"' -;/' -:",/:'-t"" I" , "1'- - ,,' ~ I ' , , . -,"- ,-' I r LU~ DEe ~;---'::jJ.' L - 1991 f....! -'-- ..-- ., \... ---_J en ((,U,;,:lI( !);=::,,"t" : ---...---.... '. , . FLORIDA STATUTE 286,0105 STATES: ANY PEnSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF TilE pnOCEEDINGS TO SUPPORT SUCH APPEAL. B. nEOUESTS Fon EXTENSION. DEFERReD AND CONTINUED ITEMS: 1. '-.' Lots 1 and 2, located on the northwest corner or Northeast Coachman Rd. and U.S, Hwy 19 N. (19.89 acres). Sub, Plat for Loulunann's Plaw, [Principal Mutual life Insurance/Brandon Nu- Wesl/Kinko's of Oa/Z. E. Dnd Frances Taheri. Trustees) Z 91.02 Request - To considr.r request for amending the Zoning Atlas and review or Master Sile Plan. !.ollinl1: From: CC (Commercial Celltml To: CPO (Commercial Planned Oevelopmr.nll r & Z ACllON AGENDA Approved subject to the fOllowing conditions: 1) Within the 25 foot wide buHer pruposed along the rear of the silo (tho west side) and along the Stll{J nun OIvd. frontll(]c west of tilt! proposed driveway (ll portion of the north side), burrer veg(!Hltion shall be installed consisting of three rows of shrubs (minimum height 30. altime of instllllationl placed three (31 feet on center; the tree plllntinlJ rellUirell1ents of the Clearwater City code for perimeter landscaping shall also be met. Due to site cOlIslraints, however, the rOllr burrer can be reduced to a minimum of 10 feet in widlh alullO up to 20 porcent of the width of the properly 10 accommodale the turning radii required for truck loading access and maneuvers so IUIIII as no reduction in plnnt materinls in the mLlu\;cd width buffeT occurs. P1ant materials to be installed in these areas shall be dense. fllst growing varielies. A landscnping plan indicating this landscapinn. as well as all other required lamtsc.lllinU. shall 1m submitted to the Dhector of Planning and Develupment and Asst. Public 12-03.91 Works Director IEnvirolllnentilll and approval of this plall shall OCCUI prior to tho Issuance of a building porml!; 2) The Wal.Milrt building shall maintain a 75 foot setback from Stag nun Blvd.; 3) The OX Is ling driveway proposed for removal along St3g nun n1vd. shall be complelelv removed throu~h the wetland mitigation area Bnd the Innd under the driveway shall be restored to iI fUllclionlng wetland condition to the extent 1I0ssible given OX/Sling ulililies in this mea; 41 During construction, erosion bmriers shall be ;lIslnned to prolect wetland mens to be preserved and/or crented; 51 No alcoholic beverage snles for on, premise consumption shnll be permitted em the subject proportv; 6) TIlC hours of operation shall be from 9:00 a.m. until 9:00 p.m., seven dnys a weck. except thnt extended hours of opemtion of 7:00 a.m. until 11 :00 p.m. may 1m permitted for special events for up to 10 days per calendar year; 7) No pickups or deliveries shall occur before 8:00 a.m. or after 10:00 p.m., seven dnys a week; Bl The applicnnt shnll conslruct or, alternatclv, provide funds to covcr the full construction costs of cul.dc-silcs or other street termini, as deemed ncceptabre by the City staff, to close Stan nun Blvd. to through traffic; such construction should include landscaping and olher design considefillions to eliminate cut- through tfilffic; 91 a. The opplicant shall provide all improvements to surrounding roadwavs required by the Florida Depnrlment of Tfilflsportalion, b. As offered, the applicant shall pnv $10,000 for improvemcnts to the NE Coaclnnan noad approach to US 19. to be included in the plnnned resurfacing project for NE Coachman noad IfOOT project for FY 92-931; 10) 11m applicll11t shall provide architectural renderings showinn lhe proposed cast UranU, north ilIUJ south elcvations of the proposed Wal- MilTt building as pilTt or its site plan application. lllllsc elevations shall demonstrate mchitcctulal leatures, such as color schemes, entrance trentrm!llts, and landscaping which mlligalC the ~hOlclike~ ilppcarallce of some Warmnrl slores and specily color treatment for lhe building; 11) All outdoor storane and displavs shall be required 10 be approvcd throuUh the conditional-use permit process. Proposals for special, temporary ouldoor silles shall be includcd in this requirement, so that screening and other conditions can be established. Also included are lempoTilry outdoor storane proposals; 12) A cruss.nccess eascment shall be executed betwecn the aplJlicant and the owner of Lol 4 to permit the sharing of the proposed driveway accesslesl; no direct driveway access shall be permilled to lot 4 from NE Coachman nand; and , 3) No smnl-tmilers shall enter or exit the properly on Stng nun Blvd. P & Z AC nON AGENDA 2. 12-03.91 ,-, ( l ( \ ....~ . \....,.., f" (" ~ ,~" \, ' ",,-., 2. 1.l\\S 1 "ml 2, Il:1H1nll\UI\'5 Suh, \SOO N. n. Ilnrrlsllll Avolluol, Adrlnllo !Jilllillllill' IAnlly's Auto Repair) CU 91-82 Rcquest . To parmlt outdoor re\ail sales. displays, and/or storago 01 used cars ZUlled . CG (Genornl Cammorelal alld nM 28 Multiplo f;ullily resldcntialj C. CONDlflONAl' USES: 1. 700 Isl;lIld Way 2 COlldo, (736 151nl1u Way Assoc. Inc) 736 Island Way CU 91-83 nOQUost . To permit blanket approval for marina boa t lilts/catwalks Zoned. nM 28 [Multiple fomily resldentiall AL(C (Aqualic Lands/Coastall 2. mock O. lots 5 and 6, Oarhour,Morrow Sub (423 PO;lIsnllia Avenue) Joseph and lucy C. Ctlmeo/Anthony oml Louise lil1<1res/Frnnk and Marin locolano (Norma Friedman/Sunset Grill) CU 91.84 Request. To permil on-premise consumption of beer and wine Zoned - CB IBeach Commercial) 3. M&B 23.05, See 17.29-16 (20967 U.S. HwV 19 NI Thomas Railey (ClearwlIler MOlel, Inc. d/b/a Rodeway lnlll CU 91-85 Request. To permil on-promise consulIlption of beer, wine, and liquor Zoned - CH (HiUhway Commercial) D. ArJNEXA1ION, ZONING, LAND USE PlAN AMENDMENT, LAND DEVELOPMENT CODE -rEXT AMENDMENT, AND LOCAL PlANNING AGENCY REVIEW: E. CtlAIJlMAN'S ITEMS f. UIIlECTOR'S ITEMS G. nOARD AND STAfF COMMENTS P & Z ACTION AGENDA Cnlltilllmd 10 1114/9.1;..::l... ApJlrovml subject to the following conditions: 11 -f he i1pr1ricnnt shall obtain tho requisite bulldlno permit upon construction of llny boat lift or catwalk; and 2) The boat slips shaUlle exclusively for the personal use of the residcntinl , condominium owners residing at 100 Island Way CondOlniniums (one slip pllr unit) and shall not be mnted or leilscd to non-owners. Approved suhjncl to the following conditions: 1) The- restaurant shall operate strictly as a sit-down rc:staurnnt and no less than 51 percent of the tolDl sales shall be for rood and nonalcoholic beverage sales; 2) The sale of beer and wine shall be restricted to consumplion on premises with no package sales; 3) The requisite OCcuJllltional license shall be obtained within six IS) months rrom the dilte of this public heoring; 41 The areil le3sClf to McDonald's shall not be used for the restaurant use; and 5) The closing time shall be TlO later than 12:00 midnight. Approved subject to the followino conditions: 1) Alcoholic beverage s::lles shall be restricted to snlm; (or on-premise consumption; 21 Alcoholic beveraoe sales shall be restricted to the hours of 8:00 a.m. to 2:00 a.m. on Mondays through SaturdilYs, and from 1 :00 p.m. to 2:00 a.m. on Sundays; and 31 Within 90 days of this public hearino, there shall be no more than one (1) alcoholic beverage license for this premises., 3 1 2.03.91 . ~ " .. MINUTES PLANNING &. ZONING BOARD TUESD^Y~ TUESDAY~ DECEMBER 3~ 1991 (', r") Members Present: Chairman Schwob~ Messrs. Uickerstuffe, Carnssas (arrived 3:29 pm)~ Hamilton (arrived 2:32 pll1~ left 5:08 pm), Mazur. Merriam, amI Savage. Members Excused: o' Also Present: J ames Polan}'. Jr., Di rector Planning & DcveloplIlent Scott Shu ford, Planning l\'lanagcr Pat Fernandez, Recording Secretary Chairperson Schwab outlined the procedures for comlitionill uses and advised thut anyonc adversely uffected by a decision of the Planning and Zoning Donnl, with regard to condillonnl uses. has two weeks from lIlis datc in which to file an appeal through the City Clerk's Office. Florida Law requires any PUrlY ,appealing a decision of this Board to have a record of the proceedings to support the appeal. ITEMS ARE LISTED lN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN 1'1 [AT ORDER. A. APPROVAL OF MINUTES Motion was made by Mr. Savage. and sf!condcu by Mr. Merriam, to npprove the minutes of the November 5, 1991 and November 19, 1991 meetings. MotioJl carried unanimously (5 to 0). o , -/ ( Minutes will continue in the old format while the City Clerk and Legal staff rule on the lIcceptahility of the new format. '-' n. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Lots 1 and 2, located on the northwest corner uf Northeast Coachman Rd. and U.S. IIw)' 19 N. (19.89 acres), Sub. Plat for Loehmanll'S Plaza, (Pri ncipal Mutual Li fe Insurance/Brandon Nu- WestlKinko's of Ga/Z. E. and Frances Taheri, Trustees) Z 91-02 ,~ Requcst - To consider request for amending the Zoning Atlas anu review of Master Site Plan. Zoning: From: CC (Commercial Center) To: cpn (Commercial Planned Development) Mr. Shuford gave lIle background of the case and submitted, in writing, the staff recommendation. The applicant has been very responsive including changing driveway locations, shifting the loading dock location, and will create a vegetative landscape buffer along the west side of the property. A number of leHers of opposition have bccn received including Dennis Roper. Carl & Billie-jean Fryer, Robert Losi, Nancy Blanton, Willinm McCarthy, Velma Seed, Theodore Nims, Rohert & Joyce Pizzini, Mr. & Mrs. Frank Grandich; :Wnrren & Florence Schreiner, Sandra Wcrner, Daniel & Lyn Long, Dudley Meeter, Kevin Forsyth, Steven KUloroff and a telephone call from lhe McNally residence. They {\ all dcal with traffic and sile design. -,' '"" Mr. r-,'lazur announced he hat! a COli niet of interest amI would not participate in the disclIssion or vote. P & Z rvllNUTES 12-03-91 .." I . . .. :' 'J .' . . ' " .," .. ..~. '.. -1-, .,' j" '. " . _' F~ TimoUlY Juhnson, ~r., applicant's rcprcscntative, 911 Chc.~tnul Strcet, stated that because this is a redevelopment his cliem does not have lU pay rur road improvemcnts or impact fees as they arc pUlling up less building than is currently lhere. In deference to the cuncerns of the ncighbors, they have orrered funds to close Stag Run at the Florida Puwer right~uf-way and have alsu olTered to pay $10,000.00 toward the cost of additional pavemclll neelled for the len and right tll rn lane the city W<lnts to putllt the intcrscction of NE Coachman at US 19. Wal-Mart does not intcnd 10 scll alcuholic bcverages, but has asked rur pussible package salcs, Their reasoning is if the business rails, the site would be more marketable with such a condition having becn granted and a zoning change would not be rcquired. h was poillled out that new ownership would have to come before the Board anyway and the request wus dropped. Peter Yauch, City Trame Engineer, explained a chart with the traflic COUlll of anticipalcLltrips daily, showed the perccnlage alrcady passing the site, and cx.plaincd their safcty conccrns wilh some of the turn lanes, Il becomes apparent that road widcning is nC(lded now llllll all crforts should he made to have this project appear on the current I ist or roads scheduled for work. lvlunies accrued under 'Pennies for Pinellas' have been less than anticipated and the 1992-93 projecl for widening NE Coachman and Old Coachman may nol gel buill. In opposition, John MacDain, 1657 Coach maker's Lane, whu is President or the Couchman Ridge Homeowners Association, stated they are pleased with \Val-MarCs response to some of their concerns. They are concernctll\bout trucks being allowcll to go from US 19 \0 Stag Run, to the rear of \Val-Marl, or leaving via that route, They want two lanes nJr the lert lurn nonh extending hack to the Wal.Mart single entrance and also the add it ion of a right-hand lane lu make the turn down US 19. [n opposition, Philip Johnson, 2400 Stag Run lloulcvard, stated he had two changcs. It is his view no store should be open on Sunday morning and another condition currently reads no deliveries. He fcels ( the words 'and no pick ups' should he added. ~"""-~' P & Z MINUTES 2 12~03.91 In opposition, Alvin Freas, 2314 Stag Run Doulevard, staled a resulution is close; however some areas remain unresolved. Hc reels the proposalmusl he put in writing and rcviewed by appropriate personnel. This proposal should be made a part or the cngincering sile plan. In opposition, Sleven Kulorofr, 2341 St<lg Run lloulevard, stated he is glad to sec lhe tramc ligures used by both sides are fairly c1use. Hc believes Stag Run should he closed prior to t:ol1structiun and was curious about emergency vehide access., He was concerned ahout lhe demise of some or lhe wetland becoming part of the parking lot. Mr. Schwob responded to Ivlr. Klllurolfs lelter to the l3o,ml by Slating Board memhers were nominated ami appuinted by mcmbers of the City Commission and they rcceive no salary for their services. In opposition, Edith Tymosko) 1609 Coachmaker's Lane, inquired about the statemcntlhatthere will be less floor space than now exists at the site and usked if the wooden walkwuys were excluded from the figures. In rebuttal, Mr. Johnson responded to Ms. Tymosko's queslion and advised that his ligures included ouly slJuarc rOOl<lge or buildings under a roof. Jlc fcels the solution is to move up NE Cuachman Road un the transportatiun improvement program \lnd belicvcs the City should lohhy Itn' that. He did i\d\lise they would tempurarily close uff Slag Run whenever the City wants so that constrllctillll trarlie will not run through their community. Board discussion ensue\.! relative \0 lhe propusell changes ill the rel:.ommemlation. Mr, Merrimn feels that particularly in the recession, the Dounl should delermine if it is creating a net bcnelil to the City. '-. Approval of lhis request does not appear 10 favor hume-owned businesses and he feels road improvements should he made first. With regard to some of the neighbor's concern, he drove down St.lg Run on a ,. 0. ! " ('\ I ...~~~ \.' r-'. \ -' ..........' Sunday afternoon and [uund making a Icft turn untu US 19 extrcmcly diflicull. His suggestion istu close' Ule median so no sHeil turns can be made. Motion was made by Mr. Hamilton, and seconded by Mr. Bickcrstaffe, to npprove lhe above rcq\le.~t sullject to Ule following conditions: l) WiUlin Ule 25 foot wide huffer proposed along the rear of the site (Ihe wesl side) and along the Stag Run Blvd. frontage wesl of the proposed driveway (a portion of the nohh side), buffer vegetation shall be Installed consisting of three rows of shrubs (minimum hcight 30" at time of installation) placcd three (3) feet on cCllter; the tree planting requiremcnts of the Clearwater City code for perimeter landscaping shall also be mel. Due to she constraints, howcver, the rear buffcr can be reduced to a minimum of 10 feet in width along up to 20 percent of the width of the property to accommodate the turning rad ii required for truck loading access and maneuvers so long as no reduction in plant materials in the reduced width buffer occurs. Planlmatcrials to be installed in these nreas shall be dense. fast growing varicties. A landscaping plan indicating this landscaping, as well as all other required landscaping, shall be submittcd to the Dircctor of Planning and Devclopment HIllJ Asst. Puhlic Works Director (Environmental) mHJ approval of this plnn shall occur prior to the issuance of a building permit; 2) The Wal-Mart building shall maintain a 75 fOOL sctback from Stag Run Blvd.; 3) The existing driveway proposed for rcmoval along Stag Run Blvd. shall he completely removed through the weiland mitigation area and the land under the driveway shall be restored to a functioning wctland condition to the extent possible given existing utilities in this area; 4) During construction, crosion barriers shall be installed to protect wetland arcas to be preserved and/or created; 5) No alcoholic bcverage satcs for on- premise consumption shall be permitted on the subjcct property; 6) The hours of operation shall bc frOIl1 9:00 a.m. until 9:00 p.m.. seven days a weck, except that extended hours of opcration of 7:00 a.m. until 11 :00 p.m. may be permitted for special events for Ull to 10 days per calendar year; 7) No pickups or deliveries shall occur before 8:00 a.m. or after 10:00 p.m., sevcn days a week; 8) The applicant shall construct or. alternately, provide funds to cover the full construction costs of cul-de.sacs or other street termini, as deemed acceptable by the City staff, to close Stag Run Blvd. to Ihrough trarnc; such construction should include landscaping and other dcsign considcrntions to eliminate cuHhruugh trarnc; 9) a. 111e applicant shall provide all improvemcnts to surrounding roadways rcquircd hy the Florida Department of Transportation, b. As offered, the applicant shall pay $10,000 for improvements to the NE Coachman Road approach to US 19, to be included in the planned rcsurfacing projcct for NE Coachman Road (FOOT project for FY 92-93); 10) 111e applicant shall provide architectural rcnderings showing the proposed east (fronO, north and south elevatiuns of the prolloscd Wal-Mart building as part of its site plan application. These clc\'ations shall dcmonstrate arc11itectural features, such as color schemes, entrance treatments, and landscaping which mitigate the "boxlike" appearance of somc Wal- Mart stores and specify color treatment for the building; 11) All outdoor storage and displays shall be required to be approved through the conditional use permit process. Proposals for special, temporary outdoor sales shall be included in this rClluirement, so that screcning and other conditions can he established. Also included are temporary outdoor storage proposals; 12) A cross-access casement shall be executed between the npplicalll and the owner of Lot 4 to permit the sharing of the proposed driveway access(es); no direct driveway acccss shall be permitted to Lot 4 from NE Coachman Road; and 13) No semi-trailers shall enter or exit the property 011 Stag Run Blvd. Upon rull call, Ule vote WilS: "Ayes": Dickerstaffc, Schwab, Hamilton, Savage "Nays": Merriam h'lotion carried (4 to I) with 2 abstentions. f\'tr. l\lerriam in thc discussiun felt all the standards fur approval criteria werc not mecl in threc code nreas: (3) thc amendment will nut constitutc it granting a special privilcgc to an individual owner; (7) The amendment will not adverscly burdcn public facilities includ ing the traffic carrying capacity of streets in an unreasonablc or dispmpurtionalc manner; and (9) 'nlC amcndment will result in enhancing the health, safcly and welfare of the citizens of Clearwater. 1\'1r. Carassas has been out of the country for tcn days and has 110t had sufficient time to read the currcnt material therefore dec1 incd to vote and Mr. Mazur had an announced conll ict of interest. P &. Z MINUTES 12.03-91 3 . . . " ~ (~," I - ("j l ./ ',-" 2. Lots 1 and 2, lIarrington's Sub, (500 N. FL lIarrisoll AVCIIUC), Adriano Battaglini (Andy's Autu Repair) CU 91-82 .. ~ ' Request - To permit outdoor rctail sales, displ ays, and/or storage of uscd ems Zoncd - CO (Gencral COlllJl1erciul Ulld RM 28 (Multiple family residential) Mr. Shuford gave the buckground of t11C casc and submitted, in writing, the staff n:!!:ol11ll1cfluation. We have a letter from Mr. Beno In favor of the request alld n petillon slgncd by upproxlmatcly 75 people from Harbor Bluffs condominiums Imlic.lllng their opposition. Andy Battaglini, applicant, 406 Vcnetian Drivc, statcd he feels 19' is excessive when IllIlSt of the autos he deals with are ten feet long. When qucstiuned about advertising, he informcd the Board he \Vould advertise in the newspaper or on the radio. In support, Joseph Deno, 500 Osceola, stated he owns property that is adjaccnt anti feels the applicant has Improved the property ami keeps is as neat as possible. Due to our economy, cars are kept whcn persons cannot pay the repair bill. If the applicant cannot succced in business, another applicant willuy and the cycle will be repented. He feels we should work wilh the applicant. In support, Robert Casagrande, 31 Paradise L:UlC, Treasure IS1:U1d, went to both the Plnnning & Traffic Engineering people for the applicant, and believes lherc is nOlhlng that could be submitted thal would be met with approval. He feels the venture will flat be successful unless the applicant Is allowed to sell vehicles outside. In opposition, Robert Zoghy, 1480 Gulf Boulevard. represents the Coalition of Clcarwmer Homeowners. 111ey arc strongly opposed to having llsed car storage across from their condominiums in a residentially zoned area. He handed out photos which were given the noard on an earlier occasion. In opposition, Florence Driggs, 500 N. Osceola, Pcnthouse A, Slated some of the phOloS were wken from her penthouse. It is her view that residential land should not be allowed to look like that. In rebuttal. Joseph Deno, feels the applicant is honest und sincere ,tIld is attempting to make a go of his business at this location. J In rebutlal. Andy Dallnglini, will try to keep the lot clean and keep his neighbors happy. lie has a small number of cars there at anyone timc.' In response to a question from the BOilrd, he agrce to a continuance to work out a possible solution. 11tc Board understands staff objections due to the property being too small to accolllll1odate its planlled uses and asked if a happy medium could be found. 1\'1r. Shuford advised the Trame Engineer has some flexibility, perhaps specifying on a plan where employee veil icles would be parked I where sales would occur, etc. The gain may be only I or 2 additional spaces. Motion was made by Mr. Merriam, and seconded by Mr. Mazur, to continue the above request to the first meeting in January I 1992. Motion carried unanimously (S to 0). C. CONOfl]ONAL USES: 1. 700 Island Way 2 Condo, (736 Island Way Assoc. tile) 736 Island Way CU 91-83 Request - To permit blanket .Ipproval for marina,boat lilh/catwalks Zoned - RM 28 (Multiple ramily residelltial) ALlC (Aquatic Lands/Coastal) P & Z MINUTES 4 12-03-91 l . .. .- ~~ ~, '., c: '_--,r'.' ('. , / \..../ Mr. Shuford gave the background of the' case and submillcd, in \\'ritillg, the staff recommendation. ~ ' Myron Gibson, applicant.s representative, 2948 Fairfield Court, Palm J (arhor 34683, staled he was asked to install slips for two owners and applied for bl;lIIket approval. TIle Doard questioned whether the Condo association was aware that olle of the conditions was there would be no leasing or rental of the space. John Laidlaw. 736 Island Way. Apt. 205, is one uf the buat slip owners hut docs not own a boat. lie Is a former association officer amI was on the board whcnthe association sold their slips to cxisting condo owncrs. Condo rcgulations do not allow slips to be rcnted or leased to nOll-owners. Motion was made by Mr. Mazur. and seconded by Mr. Savage, to approve U1C above request subject to the following conditions: 1) 111c applicant shall obtain thc requisite building permit upon construction of any boat lift or catwalk; and 2) 11\c boat slips shall be exclusivcly fur U1C pcrsonal use or tJlC residential condominium owners residing at 700 Island Way Condominiums (one slip per unit) allll shall not be rented or leased to non-owners. Motion carried unanimously (6 to 0). 2. Block B, Lots 5 and 6, Barbour-Morrow Sub (423 Poinsettia A venue) Joseph ami Lucy C. Caraeo/ Amhony and Louise Linares/Frank and Maria Im:olano (Norma Friedman/Sunset Grill) CU 91-34 Request - To permh on"premise consumption of beer an~ wine Zoned - en (Beach Commercial) Me. Shuford gavc the background of the case alld submitted, in writing, the staff recollll11Cndalion. , Andrew Friedman, applicant's rcpresentativc, 1911 Magnolia Drive, stated he had 20 years experience in the restaurant business and was going to turn th is operation into a sit down restaurant. ' Motion was made by Mr. Mazur, and seconded by Me. Merriam, to approve the above request suhject to the following conditions: 1) The restaurant shnll operale strictly as a sit-down restaurant and no less Ulan 51 percent of Ule tolal sales shall be for food and nonalcoholic beverage sales; 2) '111e sale of beer and wine shall be reslricted to consumption on premises with no package sales; 3) The requisite occupational license shall be obtaincd within six (6) months from the date of lhis puhlic hearing; 4) The area leased to McDonald's shall not be used fur the reslaurant use; alld 5) The closing time shall be no later Ulan 12:00 midnight. Motion carried unanimously (6 to 0). 3. M&B 23.05, Sec 17-29-16 (20967 U.S. IIwy'I9 N) Thumas Ralll!Y (Clearwatl!r l\IOlCl, Inc. d/b/a Rodeway Inn) CU 91-85 Request - To permit on-premise consumption of beer, wine, and liquor Zoned - CH (Highway Commercial) Mr. Shuford gave the background uf the case and submitted, in writing, the stllrr recommendation. Tony Romano, 300 19th Street, Palm II at hor. FI, slated the motel will assume management of the comedy club early next year which they will run in the same fashion. They willnced only one alcoholic beverage license. Motion was made by Mr. llickerslafre, and secomlcu by Mr. fI.'lazur. to "pprove the above request suhject to Ule following cond Hions: I) Alcoholic bcvcrnge salcs shall be restricted to salcs for on-premise P & Z MINUTES 5 12-03-91 , . . .. ~; c\ '''-'', ( "-"",......-C r" , ,-~.' , . consumption; 2) Alcoholic beverage sales shall be restricted to the hours of 8:00 a.m. to 2:00 a.m. on Mondays through ~aturdays, and frum I :00 p.m. lU 2:00 a,lI1. un Sundays; and 3) Within 90 d\l)'s of lhis public hearing, there shall be no more than one (I) cllcuhol ic beverage license for this prel11i~cs. MOliun carried unanimously (6 to 0). D. ANNEXA110N, ZONING, LAND USEPLAN AMENDMENT, LANDDEVELOPMENTCODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: E. CHAIRMAN'S ITEMS Mr. Schwob askC4J lhat a discussion on the election of DuanJ omcers he put on the agentla for the next meeting. He further felt there was a need for clarH1cation of the rules on what constitutcs a quorum votc. This meeting was a prime example wilh Mr. Mazur and t\lr. Carassas abstaining anti 110 quorum. Mr. Hamillon, who was home ill with the nu, was contacted, anti came in so the \Val-Mart case could go forward. The Board expressC4J appreciation for his efforts. F. DIRECTOR'S ITEMS G. BOARD AND STAFF COMMENTS A leller was received from Lois Cormier and passed on to Board members expressing her cO/tcem over tent permits and her access to public records. She has fu.rnishetl a cupy of her ICllcr to the City Commission. 111e meeting was adjourned at 5:50 p.m. e. 0 nning & Devclopmcnt ", h ,'L.. ,_ c..._ ! c, l': ~: t} I ~, . ) I .:.:.:...., . .,. i , ;:. _, 'I,ill ,::'} FEBI01992 " I l_ --...., co , , "." _..J _en -/ (".0"""" . ' r --.-......-> P & Z MINUTES J 2-03-91 6 . ." . i \ '., .... . ' ....., I . . . ~ .