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02/05/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, FEBRUARY 5, 1991 Members Present: Chairman Schwob (arrived 2:25 p.m.), Ms. Nixon, Messrs. Gans, Hamilton, Johnson, and Mazur Members Excused: Mr. Ferrell Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Doreen Feldhaus, Recording Secretary Vice-Chairman Hamilton outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to 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. Johnson, and seconded by Mr. Mazur, to approve the minutes of December 11, 1990. Motion carried unanimously (5 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Continued from 12/11/90 and 1/8/91 Lots 8-10 and part of vacated alley to the north, Blk. 8, Bay View City Sub., (3006 Gulf to Bay Blvd.) Thanh Phuoc Nguyen and Kimtruc Thi Nguyen (Baby Dolls), CU 90-90 Request - To permit on premise consumption of beer and wine Zoned - CG (General Commercial) The applicant was not present. Motion was made by Mr. Mazur, and seconded by Mr. Johnson to continue this request to the end of the meeting to give the applicant the opportunity to appear. Motion carried unanimously (5 to 0). At the end of the meeting the applicant had not appeared. Motion was made by Mr. Hamilton, and seconded by Mr. Johnson, to deny the above request as it does not appear to support the following Standards for Approval of Land Development Code Section 137.011(d): (4) The use shall be consistent with the community welfare and not detract from the public's convenience at the specific location; (5) The use shall not unduly decrease the value of neighboring property; and (6) The use shall be compatible with the surrounding area and not impose an excessive burden or have a substantial negative impact on surrounding or adjacent uses or on community facilities or services. C. CONDITIONAL USES: 1. Lots 1-10, Blk. C, Bayside Shores (735 Bayway Blvd.) William Kebort, (Coyotes Surf Club & Restaurant), CU 91-04 Request - To permit on premise consumption of beer, wine and liquor Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and advised one letter of objection and a petition in opposition with 87 signatures was received. Elise Winters, 600 Cleveland St. #620, representing the property owner, stated they had experienced the same kind of problems as with Dock of the Bay and Sharkeys that the City did and that they had to evict Sharkeys. The new business owners purchased Coyotes in Tampa three years ago and is in no way connected with Sharkeys, Dock of the Bay, or Coyotes of Clearwater. Ms. Winters noted due to the problems they had experienced with Sharkeys, extensive background research was done and the landlord of Coyotes in Tampa relayed that there have been no problems in the past 3 years. She added that the owners of the new business have prior restaurant experience. The business will appeal to clientele 35 and over and proposed hours of operation will be 10:00 a.m. until 12:00 midnight. Ms. Winters stated they would like to have live entertainment consisting of jazz, Regae, and easy listening 50's & 60's type music. Mr. Esnkhani, 2909 Bay Vista Drive, Tampa, applicant, stated he and Mr. Hagrostambigloo have done business as partners for 6 years in four different locations, all of which have beer and wine licenses. They currently operate Coyotes Restaurant in Tampa, which is open 24 hours a day, and serves beer and wine and have a clean record of no violations with the police department. In response to questions by the Board, Mr. Esnkhani stated there is no connection with the previous Coyotes of Clearwater; and that their business will depend on food sales but they would like to offer cocktails, music and perhaps dancing. Mr. Esnkhani stated their menu will be the same as the Coyotes in Tampa and that the bar in the restaurant will stay the same physically, and that they will have 151 seats. He stated they will attract an older, professional clientele by the type entertainment they will be providing. Mr. Esnkhani stated the seating in the Tampa Coyotes consists of bar stools and chair and table seating and that the proposed seating for the Clearwater location will be 60% chairs and tables, with approximately 25 tables. Mr. Esnkhani stated that the corporation is approved by Tallahassee and he will provide copy of the business corporate number to staff. In opposition, the following persons appeared and expressed concerns including the following: Mary Dinatale, 830 So. Gulfview Blvd., #205, stated she was speaking on behalf of herself and the people she lives with and to read letter prepared by Audrey Thomas (attached). She added that although the owners claim this will be a restaurant, this business will appeal to the young people. She felt the name "Coyote" refers to a howling animal and this business is not compatible to the neighborhood. Herbert Leonhardt, 706 Bayway Blvd., stated the applicants did not list the Cafe Casino as being in the surrounding area, which is next door to them and seats 50 people and serves beer and wine. Mr. Leonhardt added everyone is aware of the past problems with this location and he felt the layout of this establishment is conducive to a bar and nightclub not a restaurant. Paul Scholz, 800 So. Gulfview Blvd., stated he is opposing this request based on past experiences with Sharkey's and Dock of the Bay, and that he agrees with other comments made here by Ms. Thomas, Ms. Dinatale and Mr. Leonhardt. Mr. Scholz stated that if the Board should approve this request that a 10:00 p.m. closing should be required which should not be a problem if this business is going to be a restaurant. He also felt a trial period should be required. In rebuttal, Ms. Winters stated in regard to the letter from Ms. Thomas, the Coyotes Surf Club that had violations and the recommendation that the license be revoked in the past was not Coyotes Surf Club, rather the former Coyotes of Clearwater. Ms. Winters stated they are in agreement with most all of staff's recommendations with the exception of the 10:00 p.m. closing and no live music. The target groups include professional people in the area and that 10:00 p.m. closing would be a problem. Ms. Winters stated they are not targeting young people and have no relationship with Sharkey's, Dock of the Bay or Coyotes of Clearwater. In response to questions by the Board, the following comments were made by the persons listed below: Ms. Winters stated there is a lease between the property owner and the proposed business operators which is contingent upon the approval of this request; and that various repairs have been made by the property owner and the applicants, as the restaurant had been left in poor condition. Ms. Debbie Stempfer, 879 Eldorado, representing the landlord, stated gas lines and water lines had to be replaced, and kitchen equipment had to be repaired. Mr. Hagrostambigloo, 2909 Bay Vista Drive, Tampa, stated they have spent over $15,000 and plan to spend approximately $80,000 for remodeling and advertising. He noted they have 151 seats and the bar will remain the same, but the back area will be expanded for more restaurant area. Mr. Hagrostambigloo stated they are using the name "Coyotes" because they have spent over $100,000 advertising the name for their Tampa location. He added that three years ago when they took over Coyotes in Tampa, it had a very bad reputation also and they made improvements and have made it successful. Mr. Hagrostambigloo stated he is aware that if granted the request with a trial period as a condition, that they would have to reappear before this Board for approval. Discussion ensued with the Board members expressing concerns including the following: the trial period, entertainment and dancing not being typical of a family restaurant, and the configuration of the facility. Motion was made by Ms. Nixon, and seconded by Mr. Johnson, to deny the above request as it does not appear to support the following Standards for Approval of Land Development Code Section 137.011(d): (4) The use shall be consistent with the community welfare and not detract from the public's convenience at the specific location; (5) The use shall not unduly decrease the value of neighboring property; and (6) The use shall be compatible with the surrounding area and not impose an excessive burden or have a substantial negative impact on surrounding or adjacent uses or on community facilities or services. Motion carried 3 to 2, with Mr. Mazur and Mr. Hamilton voting "nay", and Mr. Schwob abstained as he was not present for the presentation and discussion of this request. 2. Slip #9, Island Walk Condo, Island Estates (690 Island Way, Unit #203) C. Vaughn & Sandra M. Driskell, CU 91-05 Request - To permit marina boat lift Zoned - RM-28 (Multiple-Family) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Steve Brunner, 8579 - 95th Terrace No., Seminole, representing the applicant, stated that in the existing slip area it is proposed to extend the existing catwalk and install a low profile boat lift. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Gans, to approve the above request subject to the following condition: The applicant shall procure a building permit within six (6) months of this public hearing. Motion carried unanimously (6 to 0). 3. M&B 32.03, Sec. 30-28-16 and M&B 21.02, Sec. 31-28-16 (2506 Countryside Blvd.) Executive Corp. of Clearwater, Inc., (Diamonds Sportsbar and Restaurant), CU 91-06 Request - To permit on premise consumption of beer, wine and liquor Zoned - REC/PD (Recreational Planned Development) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant was not present. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur to move hold this request to the end of the meeting to allow the applicant to appear. Motion carried unanimously (6 to 0). Nicholas Verdi, 947 16th Lane, Palm Harbor, owner of the Diamonds Sportsbar and Restaurant, stated Mr. Ahrens is authorized to represent him in this matter. Kenneth Ahrens, 1335 15th Street, Palm Harbor, applicant's representative, stated this is a change of ownership with an increase of 200 sq. ft. for a gazebo which has been attached to the west side of the building. In response to questions by the Board, Mr. Ahrens stated the business operator has 10 years experience in this business, and there have been no problems at this location. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Gans, to approve the above request subject to the following condition: The requisite occupational license shall be obtained within six (6) months of the date of this public hearing. Motion carried unanimously (6 to 0). 4. Boat Slip 76, Island Yacht Club Condo, Island Estates (200 Windward Passage) Tampa Boat Mart, Inc. (Al Cain), CU 91-07 Request - To permit marina boat lift Zoned - CG (General Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Larry Fisk, 13056 Faxton St., representing the applicant, stated they are proposing to install a cradle lift with a 2' x 20' catwalk. Mr. Fisk stated previous approvals have been granted for private use or to rent the slip. In support, Joel Kehrer, 1407 Maple Forest Dr., stated that he is the owner of several slips at Island Yacht Club that he would like to have boat lifts installed. He added this is a commercial marina and would like to put lifts in each slip without paying the $400 fee for each one and that one approval should cover them all. Discussion ensued regarding staff having contacted the Island Yacht Club Condo Association in regard to a "blanket" approval and they had indicated they were opposed to it. Mr. Kehrer stated the problems with the association have been resolved. Mr. Shuford stated that a "blanket" conditional use permit would be acceptable, but his staff has not been advised they are interested in this approach. No persons appeared in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject to the following condition: The applicant shall procure a building permit within six months of this public hearing.Motion carried unanimously (6 to 0). 5. M&B 22.02, Sec. 17-29-15 (521 Gulfview Blvd.) Equitel (J.P. Hotels/Holiday Inn Gulfview), CU 91-08 Request - To permit outdoor commercial recreation/entertainment (bicycle & motor scooter rentals) & temporary building Zoned - CR-28 (Resort Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation and noted that 3 letters of objection have been received. Scott Suits, 63 Baymont St., applicant, stated he has operated the Transportation Station for five months. Since that time they have updated the building and added new bikes and scooters. They have operated clean and safe business and meet all City and State regulations. Mr. Suits stated this is a family oriented business with bikes for children and bikes with baby seats and baskets as well as the scooters. He noted that 83% of their business comes from south end of the beach and that visibility at the north end of the beach is minimal, therefore they decided on this location and came to an agreement with the Holiday Inn. Mr. Suits stated the proposed plans for a temporary sales hut matches the architectural design and color of the Holiday Inn; and that the location is not offensive to the neighbors or surrounding businesses. In response to questions by the Board, Mr. Suits stated the operation will be restricted to the two parking spaces allotted, and that it would be possible to located the operation elsewhere. However, if located elsewhere, the business would not have the visibility that the requested location would. He noted that the proposed location was mutually agreeable with the Holiday Inn. In support, Brad Berg, 1728 Sulfolk Dr., representing JP Hotels as the General Manager of the Holiday Inn Gulfview, stated they support Mr. Suits' proposed business and the service Transportation Station provides their guests to make their stay in Clearwater more enjoyable. He added guests often inquire about renting bicycles. Mr. Berg stated they do not desire a carnival type atmosphere and felt this operation would be a great family oriented business. In response to questions by the Board, Mr. Berg stated Mr. Suits will be a tenant with a lease with the Holiday Inn. In opposition the following persons appeared and expressed concerns including the following: Sam Vazquez, 8755 Magnolia Dr., Seminole, presented a petition in objection from 39 owners at 440 West Condo because the area of that intersection is within 25 ft. of the exit for their south parking lot. Mr. Vazquez stated the City changed the traffic flow in that particular intersection, and that there used to be a double lane through that intersection. Currently the center lane has been eliminated and made it a left turn only lane which puts the through traffic in the extreme right lane. The traffic is already congested and bicycle riders, experienced or not, would only add to the danger of that intersection. In response to questions by the Board, Mr. Vazquez stated he felt that if the entrance/exit location of the scooters was moved further away from the property there would probably be no objections, however, he has not discussed this idea with the condo owners. Doris Goldman, 450 So. Gulfview Blvd., #1204, stated she has been a resident of Clearwater Beach for 7 years and that the traffic problem has continued to escalate and to have additional hazards of bicycles and scooters would make this problem worse. She felt the operators of these vehicles will be people on vacation and will be a hazard to pedestrians and well as traffic. Ms. Goldman stated she felt there is plenty of transportation available on the beach, such as the Trolly and public transportation which would be safer than the bikes and scooters. In rebuttal, Mr. Suits stated the renters will be instructed on safety and a drivers license is required, and if under 18, a parent's permission is required. He stated that they have been safely operating and have had no problems with any of their customers. Discussion ensued with the Board members expressing concerns including the following: the location, the traffic problems, a parking variance being required, and the business occupying 2 parking spaces. Motion was made by Mr. Gans, and seconded by Mr. Johnson, to deny the above request as it does not appear to support the following Standards for Approval of Land Development Code Section 137.011(d): (4) The use shall be consistent with the community welfare and not detract from the public's convenience at the specific location; (6) The use shall be compatible with the surrounding area and not impose an excessive burden or have a substantial negative impact on surrounding or adjacent uses or on community facilities or services. Motion carried unanimously (6 to 0). 6. M&B's 33.02, Sec. 20-29-16 (18425 U.S. 19 N) Home Shopping Network Realty, Inc. (Maggie's Pub), CU 91-09 Request - To permit on premise consumption of beer, wine and liquor Zoned - CC (Commercial Center) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Richard Leandri, 1013 Magnolia Dr., applicant's representative, stated he is the managing agent of the shopping center and is requesting beer and wine sales only. Mr. Leandri stated the staff report was accurate as stated by Mr. Shuford. In response to questions by the Board, Mr. Leandri stated the business will not operate on Sundays and there will not be any entertainment. John Wunderle, 7800-B 46th Ave. No., applicant, stated this will be the 5th pub they have operated, and is presently the owner of a pub in St. Petersburg that has been open for 8 years. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Ms. Nixon, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months of the date of this public hearing; and 2) The use shall be limited to on premise consumption of alcohol only with no package sales. Motion carried unanimously (6 to 0). 7. Lot 1, Columbia Sub #4 (401 Coronado Dr.) Lois Jean Clymer (Chix and Ribs), CU 91-10 Request - To permit on premise consumption of beer, wine and liquor Zoned - CR-28 (Resort Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation and that two letters of objection had been received. Mr. Shuford provided the Board with copies of minutes of the Development Code Adjustment Board pertaining to this location. Lois Jean Clymer, 401 Coronado Dr., applicant, stated her business is part restaurant and part retail, but is based on take out food service. Ms. Clymer stated she is not aware of any opposition to her request and that she has met all requirements. She noted that the business is based on walk up customers and that less than 5% of her parking is being used, and that this location in within 500 ft. of metered parking. Ms. Clymer noted the real hardship is that she has no seating. Ms. Clymer stated there have not been any problems requiring police service at this location and that she has no intention of doing anything that would be detrimental to the surrounding motels. In opposition the following persons appeared and expressed concerns including the following: Anne Garris, 38 Acacia St., stated she is concerned that the businesses on Clearwater Beach are saying that their customers are walk up and there is no need for parking because no one is driving. The late hours and addition of liquor, beer and wine to be sold at this location on a take out basis is a concern. She felt Clearwater Beach cannot continue to be overloaded with multiple uses on lots so that this beach becomes so crowded that no one will want to come. Ms. Garris felt the traffic is a serious problem and expanding businesses would only add to the problem and asked that the Board deny this request. Luciano Mendes, 419 Coronado Dr., stated he is the owner of one of the motels near this location, to he spoke to the owners of the Beach House and the Sun West motels are they are opposed to this request. He felt the area is family oriented and that the request is not conducive to the neighborhood. In rebuttal, Ms. Clymer stated if it wasn't for business people like her, maintaining a respectable business on Clearwater Beach, the motels would not have anything to offer other than a place for people to sleep. She stated that food will be sold with the alcoholic beverages and that it will not be a bar or lounge. Discussion ensued with the Board members expressing concerns including the following: danger with increased traffic, parking being inadequate, and the location. Motion was made by Mr. Johnson, and seconded by Ms. Nixon, to deny the above request as it does not appear to support the following Standards for Approval of Land Development Code Section 137.011(d): 1) The use does not comply with the applicable conditional use standards for the proposed use, specifically vehicular access, insufficient screening of trash disposal facilities and insufficient parking area; 2) The use (as proposed) is not consistent with the community welfare in that it will constitute an overdevelopment of the site; and 3) The use does not appear to be compatible with the surrounding area. Motion carried unanimously (6 to 0). 8. M&B's 22.03, 22.031 & 22.04, Sec. 15-29-15 (801 Drew St.) Southland Corporation, CU 91-11 Request - To permit child day care Zoned - UC/E (Eastern Corridor Subdistrict, Urban Center District) Mr. Shuford stated the applicant is required to submit a traffic impact study and this had not been submitted and therefore recommended the Board continue this request to February 19, 1991. Ms. Nixon stated that when Southland Corp. purchased this property there were many mature oak trees which were required to be replaced inch per inch, and the City was attempting to sue the Southland Corp. to get the trees replaced even though they were in bankruptcy. She asked Mr. Shuford if this applicant will be required to replace the trees. Mr. Shuford stated he will research this concern. Motion was made by Mr. Hamilton, and seconded by Mr. Gans, to continue the above request to February 19, 1991. Motion carried unanimously (6 to 0). 9. M&B's 14.04 & 14.05, Sec. 19-29-15 (1370 Gulf Blvd.) Amza D. & Neim B. Abdullaj, CU 91-12 Request - To permit rental of motorized watercraft (use not specifically identified in code) Zoned - CG (General Commercial), AL/C (Aquatic Lands/Coastal) and OS/R (Open Space/ Recreation) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and noted that 4 letters of objection had been received. Steve Kahle, 15420-33 Livingston Ave. #6, Lutz, stated he is with Gulf Shore Rentals and the request is to rent Yamaha Waverunners at Sand Key. He stated the business is based on safety, and that there will be a boat used exclusively for surveillance to insure maximum safety for all riders. He noted all personnel associated with Gulf Shore Rentals will be CPR and life guard certified, and have portable cellular phones at all times. Mr. Kahle stated all customers will be required to view a 15 minute video tape which demonstrates the proper use and safety of the equipment, and thorough in water training will be provided. He added they understand the residents' concerns regarding storage of the equipment and that nothing will be stored on the beach - everything will be removed daily. Mr. Kahle stated their business hours will be set around sunrise and sunset: winter and fall hours will be from 10:00 a.m. to 5:00 p.m., and spring and summer from 10:00 a.m. to 6:00 p.m. He added that the waverunners do not generate noise pollution, they operate with a quiet hum, and referred to a letter from the Yamaha Corp.addressing noise. No persons appeared in support of the above request. In opposition the following persons appeared and expressed concerns including the following: Herbert Somerson, 1400 Gulf Blvd., #810, submitted a petition in objection. He stated there is a resident who is paralyzed from a boating accident and they are sensitive to the dangers of boating. He stated he can look out the window and see these machines driving recklessly and they are not regulated. Mr. Somerson stated the reasons for their opposition include: safety of bathers and fisherman, the gasoline used in these machines, the downgrading of the area, and the environmental impact. Mr. Somerson stated that in 1980 City of Clearwater signed a contract with the condominium associations which states no commercial businesses will be allowed on the beach, and asked the Board to deny this request. Otto Schlaak, 1380 Gulf Blvd., stated Mr. Somerson has stated the objections they have at the Sand Key Club and added that he is a avid swimmer and has been frightened by these watercraft maneuvering too close to shore at high speed on several occasions and feels they are of great danger to swimmers and sunbathers. In response to questions by the Board, Mr. Schlaak stated there are many of these watercraft in use in this area that are privately owned and some are rentals, and that there are no lifeguards at this location. Yolan Gagnon, 1390 Gulf Blvd., stated that the noise these machines make is noise pollution and felt this is unacceptable in a residential area. She felt that keeping the area clean would also be a problem. Richard Bailhe, 1390 Gulf Blvd, #203, stated that this request would benefit only the renters of the equipment at the expense of the neighboring community who are in objection to this business and asked the Board deny this request. In rebuttal, Mr. Kahle stated that from a environmental aspect they do care and will insure there will be no destruction of the sea oats in the area. There will be a surveillance boat to protect the safety of swimmers and people on flotation devices. He added there is not a noise pollution with these watercraft. Discussion ensued regarding the method of bringing the watercraft in and out without violating the protected sea oats areas. Mr. Kahle stated they can work around that by launching them elsewhere and towing them in. In response to questions by the Board, Mr. Kahle stated he has previously operated a similar business in Arlington, Texas. He stated both he and his partner will be present at all times, one for surveillance and one on the beach. The vehicles will be placed away from the public walk area towards the restaurant. Me. Kahle stated their trailer is 16 ft. and fully enclosed and has the business name on it and that would be used in lieu of a sign. Board discussion ensued with the members expressing concerns including the following: safety, protection of the environment, and the beach not being wide enough at this location for this type operation. Motion was made by Mr. Hamilton, and seconded by Mr. Johnson, to deny the above request as it does not appear to support the following Standards for Approval of Land Development Code Section 137.011(d): (4) The use shall be consistent with the community welfare and not detract from the public's convenience at the specific location; and (6) The use shall be compatible with the surrounding area and not impose an excessive burden or have a substantial negative impact on surrounding or adjacent uses or on community facilities or services. Motion carried unanimously (6 to 0). 10. Lot 2, Studebaker's Sub. (2516 Gulf to Bay Blvd.) Equator, Inc. (Calypso Bay Cafe), CU 91-13 Request - To permit on premise consumption of beer, wine and liquor Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. George Greer, 600 Cleveland St. #685, applicant's representative, stated his client is satisfied that parking is sufficient and exceeds code requirements. Remodeling is underway to convert this location back to a restaurant. Mr. Greer stated this will be strictly a restaurant with some entertainment as necessary to meet customer's needs. The hours of operation will be 11:00 a.m. for lunch daily and would like to remain open until 2:00 a.m. In response to questions by the Board, Mr. Shuford stated this SRX license is grandfathered and does not require 51% food sales. Mr. Green noted that this license requires the business to be bonafide restaurant meeting all requirements other than the 51% food sales. In response to questions by the Board, Mr. Greer stated there will be a cover charge after 10:00 p.m.; valet parking will be available; and that entertainment will consist of music for dining before 10:00 p.m. and music for dancing after 10:00 p.m. and will be totally inside the restaurant. No persons appeared in support of or in opposition to the above request. Discussion ensued regarding whether to impose a trial period. Motion was made by Mr. Hamilton, and seconded by Mr. Johnson, to approve the above request subject to the following conditions: 1) The applicant successfully transfer the 4-COP-SRX Florida State designated alcoholic beverage license; 2) The applicant obtain requisite occupational license within two (2) months of the date of this public hearing; 3) The sale of alcoholic beverages shall be restricted to consumption on premises with no package sales; 4) The applicant shall provide proof to the City of Clearwater of an agreement with the Republic Bank for overflow parking, this agreement/easements must be satisfactory to the City Attorney prior to issuance of the occupational license; 5) The applicant shall provide the Planning and Development Department with a seating plan which meets the standards described in the Architectural Graphic Standards manual, American Institute of Architects, for table sizes and aisle widths; this seating plan shall be adhered to at all times by the management of the proposed nightclub; 6) The requirements of the 4-COP-SRX license shall be adhered to at all times by the management of the proposed nightclub, and a copy of this license shall be provided to the Planning and Development Department; and 7) No outdoor speakers or outdoor entertainment shall be permitted. Motion carried unanimously (6 to 0). D. ANNEXATIONS, ZONING, LAND USE PLAN AMENDMENTS, LAND DEVELOPMENT CODE TEXT AMENDMENTS, AND LOCAL PLANNING AGENCY REVIEWS: 1. Parts of Lots 1 and 2, Sec. 1-29-15, Pinellas Groves Sub., Located on the south side of Sunset Point Road, approximately 350 ft. west of Hercules Ave. (K.D. Sauder, Trustee) A 90-13, LUP 90-18 LUP - From unclassified to Commercial/Tourist Facilities ZONE - CN (Neighborhood Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford noted that the property has been developed generally in conformance with City development standards. However, the development does not meet the perimeter landscaping requirements, and has a slight deficit in interior landscaping and total open space. The City Commission decided to allow the development to occur with the above mentioned deficiencies. James Baxter, applicant's representative, stated that the deficiencies were explained in full to the City Commission before the Annexation Agreement was executed. All obligations required by the City on the developer have been fulfilled. Motion was made by Mr. Hamilton, and seconded by Mr. Gans, to approve the above request. Motion carried unanimously (6 to 0). 2. Part of Lots 11 & 12, E. A. Marshall's Sub. as originally platted and Part of Lot 18 located on the northeast corner of State St. and Betty Lane (City of Clearwater) A 90-14, LUP 90-20 LUP - From unclassified to Recreation ZONE - OS/R (Open Space/Recreation) 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. Motion was made by Mr. Hamilton, and seconded by Ms. Nixon, to approve the above request. Motion carried unanimously (6 to 0). E. Chairman's Items Mr. Schwob stated Mr. Johnson's last meeting will be March 19, 1991 and there will be a luncheon to bid him a fond farewell. F. Director's Items Mr. Shuford noted staff is doing research to establish rental periods for residential uses and an amendment to the Land Development Code will be forthcoming. G. Board & Staff Comments Board discussion ensued regarding standards for trial periods and businesses operating before applying for a conditional use permit. Meeting adjourned at 6:05 p.m. James M. Polatty, Jr., Director of Planning and Development