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07/14/1992 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, JULY 14, 1992 - 1:30 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Mazur, Messrs. Bickerstaffe (arrived 1:47 p.m.), Carassas, Merriam, Savage, Ms. Martin Members Excused: Mr. Hamilton Also present: Scott Shuford, Planning Manager James M. Polatty, Jr., Director of Planning & Development Doreen Feldhaus, Recording Secretary Dolores Schopper, Staff Assistant II Chairperson Mazur 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. ITEM A. APPROVAL OF MINUTES Approved as amended (motion made by Ms. Martin and seconded by Mr. Merriam). Motion carried unanimously (5 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. (Continued from 6/30/92) Request for extension (third extension request, second extension request was for building permit in 60 days and Certificate of Occupancy within eight months granted 4/14/92, first extension request was for six months granted 9/17/91, original request was for six months granted 2/19/91) Lots 118 and 119, Lloyd-White-Skinner Sub, (348 Coronado Dr.) Robert E. Malke (Rose Garden Restaurant), CU 91-18 Request - To permit on premise consumption of beer and wine Zoned - CR 28 (Resort Commercial) Mr. Shuford gave the background of the case and stated that the applicant has submitted the required plans and has received approval for the associated variance extension to August 24th and recommended that this Board given an extension to that date also. Robert Malke, 8820 66th St. No., stated he is the property owner and that plans have been submitted and approved with minor adjustments, most of which have been completed. He stated it is anticipated that the permit can be procured within the next 2 weeks, and that 30 days would ensure ample time. Pro: None Con: None Mr. Savage questioned that the plans were submitted and approved. Mr. Shuford stated that the plans have been approved by Zoning, but that there are mechanical problems associated with the plans and more time is required to work them out. Approved (motion by Mr. Savage, seconded by Mr. Carassas) request for 30 day extension. Motion carried unanimously (5 to 0). 2. (Continued from 6/2/92 & 6/16/92) Lots 7 & 8, Blk 15, Map of Belleair, (1345 S Ft Harrison Ave) DMR Corp d/b/a Fuel Mart, Inc., CU 92-30 Request - To permit outdoor retail sales, displays, and/or storage Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford noted that this request was continued twice to allow applicant time to submit a detailed site plan, and has done so. Staff feels the plan is acceptable. Applicant's representative, Earl Radliff, 6424 Wooden Street, New Port Richey, stated he felt that application is in compliance, and the landscaping has been improved. Mr. Radliff felt that the permit should be approved. He added that the only other alternative for this location would be to abandon the building and leave it vacant, which would not be desirable for the City. In response to questions by the Board, Mr. Radliff stated there are presently ten cars on the site and would like to be able to keep seven cars, all of which will be luxury cars. Mr. Shuford noted that the Board could limit the number of cars to be displayed as a condition of approval. Pro: None Con: None Approved (motion by Mr. Savage, and seconded by Mr. Carassas) subject to the following conditions: 1) There shall be no repair operations permitted on site; 2) The final parking lot layout and access drives shall be in conformance with the Land Development Code and subject to final approval by the City Traffic Engineer; 3) Prior to the issuance of a building permit, the applicant shall submit a landscape plan to the Environmental Management Group for approval; all required landscaping shall be installed prior to the issuance of a certificate of occupancy; 4) If the underground tanks are removed, the site must be redesigned and reconstructed in accordance with the approved plan; and 5) All signs shall be brought into conformance with the sign regulations on or before October 13, 1992. Motion carried unanimously (5 to 0). 3. (Continued from 6/16/92 & 6/30/92) M&B 14.05, Sec 12-29-15 (2131 Range Road) John E. and Patricia A. Sadtler (Shazam Boat Works), CU 92-35 Request - To permit (1) vehicle service; and (2) outdoor retail sales, displays, and storage Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford stated that this request has been continued twice to allow the applicant to submit a detailed site plan, and that this plan has not yet been received by staff. He noted that the use requested is suitable but problems exist with the site and that staff feels there is no choice but to recommend denial absent the required site plan. Applicant's representative, Robin Eubanks, 29734 66th Way N., stated that he brought with him to this hearing the required site plan that was just completed and that it includes all details requested by staff. Mr. Eubanks offered to distribute the plans to the Board for their review. Chairman Mazur explained that staff will need to review the plans prior to the Board considering this request. Mr. Eubanks then requested a continuance to the next meeting to allow staff time to review the plans. Pro: None Con: None Approved request to continue this application to the August 4, 1992 meeting (motion made by Mr. Carassas, and seconded by Mr. Savage). Motion carried unanimously (5 to 0). 4. (Continued from 6/16/92 & 6/30/92) Lots 3, 4, and 1/2 vacated alley on east, J B Roberts Sub (1253 S Ft Harrison Ave) Morritt Homes, Inc. (City Pawn & Jewelry), CU 92-39 Request - To permit outdoor retail sales, displays, and/or storage Zoned - IL (Limited Industrial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant was not present at this hearing. A motion was made by Mr. Carassas, and seconded by Mr. Merriam to postpone this request to the end of this meeting. Motion carried unanimously (5 to 0). After all other agenda items were completed, the applicant had still not appeared. Request denied (motion made by Mr. Carassas and seconded by Mr. Bickerstaffe). Motion carried unanimously (6 to 0). C. CONDITIONAL USES: 1. M&B 33.01, Sec 17-29-15, (1160 Gulf Blvd) Sand Key Assoc Ltd Partnership d/b/a Sheraton Sand Key Resort (Resort Recreation Inc), CU 92-41 Request - To permit rental of motorized personal watercraft (use not specified in code) Zoned - CR-28 (Resort Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. In response to questions by the Board, Mr. Shuford stated that the Board may consider the following as additional conditions of approval: the rental vehicles be clearly identified as rentals; and that rental of the watercraft vehicles be limited to the exclusive use of the hotel guests. Representing the Sheraton Sand Key, Dennis Doucette, 1480 Gulf Blvd., stated they have no problems with the conditions recommended by staff, and added that the rentals will be for their guests only. Mr. Doucette stated that Mr. Jim Dauherty will operate the business. Jim Dauherty, 1021 Brookside Drive, stated the vehicles will be operated within the required boundaries as identified in the drawing submitted as part of the application. Mr. Dauherty stated that identifying the vehicles as rentals would not be a problem. In response to questions by the Board, Mr. Dauherty stated that he has previous experience operating a business of this type, and that they will have three vehicles for rent and one emergency vehicle. At the Board's request Mr. Dauherty explained the details of the drawing of the designated operating area. Pro: None Con: Mr. Fred Bruder, Supervisor of Sand Key Park, stated they are concerned that the renters of these vehicles will enter swimming areas and would desire a 200 ft. buffer outside swim buoys and the jetty area to ensure adequate safety for swimmers. Mr. Bruder stated that if the boundaries cannot be observed, the application should be denied. Mr. Bruder noted that the Clearwater lifeguard radio frequency is monitored, and they are well aware of the problems with these vehicles on Clearwater Beach. Mr. Bruder stated that color coding of the rental vehicles to identify them as rentals would be helpful. Mr. Shuford explained the proposed vehicle operation area to Mr. Bruder. Mr. Bruder stated this would be acceptable. Mr. Carassas expressed concern with regard to adding a hazard in close proximity to a public park. Ms. Martin asked about where privately owned watercraft vehicles are permitted to operate. Mr. Shuford responded that private vehicles can basically operate wherever they wish. Mr. Bickerstaffe felt that recreation equipment is important for a beach community and should be allowed. In response to questions by the Board, Mr. Shuford explained that the Waiver Agreement currently in existence does not include Sand Key, and that if a trial period was considered as a condition of approval that it should be for one year. Mr. Bickerstaffe felt that with the Park Personnel monitoring the operation, coupled with Mr. Held monitoring the operation, that if there are enough violations the permit would be revoked. Mr. Shuford responded that Mr. Held could only do that if it was included as a condition of approval. Approved (motion by Mr. Savage, and seconded by Mr. Bickerstaffe) subject to the following conditions: 1) The proposed emergency rescue vessel shall be available during all hours of operation for safety purposes and not for rent; 2) The proposed hours of operation shall be 9:00 a.m. to 5:30 p.m. on any given day; 3) The proposed Waverunners shall remain out of the Clearwater Pass navigation channel; 4) The proposed rental operation shall be limited to three Waverunners, and any additional requests for Waverunners shall be subject to the approval of the Planning and Zoning Board; 5) The applicant shall maintain one million dollar liability insurance coverage to be carried at all times and all co-insured shall have the same coverage; 6) The rental business retain two on-site competent attendants at all hours of operation to enforce safety rules to prospective operators and provide total business monitoring; 7) The applicant shall be advised by the Clearwater Environmental Management Division in cooperation with the Clearwater Marine Science Center of sea turtle nesting activities and shall conduct business operations accordingly to eliminate the destruction of any nesting areas and shall cooperate fully in turtle nest relocation efforts by the Clearwater Marine Science Center; 8) The applicant shall obtain the requisite occupational license within six months of this public hearing; 9) All rental vehicles shall be clearly marked to identify them from private vehicles in accordance with City policy; 10) Rental of these watercraft vehicles shall be limited to the exclusive use of the hotel guests; 11) The are of operation of the watercraft vehicles shall be limited to the specific limits as submitted with the application; and 12) The operations shall be subject to the violations provisions of the Waiver Agreement in effect for Clearwater Beach. Motion carried unanimously (6 to 0). 2. Lot 1, Radisson Bayside Hotel, (1261 Gulf Blvd, Suite 104) The Shoppes Assoc Ltd Partnership (Tran Thang d/b/a Macau Chinese Rest), CU 92-42 Request - To permit on-premise consumption of beer and wine Zoned - B (Business) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Tran Thang, 401 Rosery Rd. NE #405, stated he will be operating the business along with his mother. In response the questions by the Board, Mr. Thang stated that he has had experience working in a restaurant, but not operating one. He added that his mother has owned and operated a restaurant in the past. Mr James Thibodeau, 2736 Dryer Ave. Largo, (a friend of Mr. Thang's) stated that this area, The Shoppes at Sand Key, could easily support another restaurant. In response to questions by the Board, Mr. Thang stated he has not had any formal training dealing with determining whether customers have had too much to drink, other than his experience being a waiter. He added that there will be no bar and that beer and wine will only be served that the tables with meals. Pro: None Con: None Discussion by the Board included experience in dealing with serving customers alcoholic beverages and determining whether patrons are drinking in excess, and possibly imposing a trial period as a condition. Mr. Carassas asked why Cha Cha Coconuts was not listed as a alcoholic beverage facility within 300 feet. Mr. Shuford stated he will find out this information. Approved (motion made by Mr. Merriam, and seconded by Mr. Bickerstaffe) subject to the following conditions: 1) The sale of beer and wine shall be restricted to consumption on premises with no package sales; 2) The requisite occupational license shall be obtained within 6 months from the date of this public hearing; 3) There shall be no outdoor seating or other expansion of the floor area devoted to the proposed use; 4) The applicant shall obtain approval from the City Commission for the requisite separation distance variance; and 5) Closing time shall be no later than 10:30 p.m. on weekdays, and 11:00 p.m. on weekends. Motion carried unanimously (6 to 0). 3. Lots 8 through 10, Enghurst Add to Clwr, (1209 N Ft Harrison Ave) Wieland Irle (A.N.Y., Inc/Quick Stop Food Mart), CU 92-43 Request - To permit package sales of beer and wine Zoned - CN (Neighborhood Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford stated that staff recommends amending condition #1 to include obtaining a City occupational license within 6 months. The Board discussed the lighting on the site and it was the consensus of the Board that the condition should include directing the lighting away from the surrounding residential area and street rights-of-way. The applicant was not present and a motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe, to postpone this request to the end of the meeting. Motion carried unanimously (6 to 0). After other agenda items were completed, Mr. Yildirim had arrived. Mr. Shuford explained the changes to the conditions recommended by staff in the discussion that took place before his arrival. Applicant's representative, Neil Yildirim, 1209 No. Fort Harrison Ave., stated he does not have a problem with any of the conditions. In response to questions by the Board Mr. Yildirim stated he has previous experience operating a business, and that his sales will include cold beer. Mr. Yildirim responded that he is currently open but not selling beer. Ms. Martin expressed concern with the hours of operation of this business due to it being so close to a residential area. Board discussion ensued regarding the hours of operation. It was the consensus of the Board that the hours of operation be limited to the times stated on the application. Mr. Yildirim stated he would prefer being allowed to remain open until 11:00 p.m. Pro: None Con: None Approved (motion made by Mr. Carassas, and seconded by Mr. Merriam) subject to the following conditions: 1) Applicant shall obtain State alcoholic beverage license and City occupational license within six months; 2) All signage shall be brought into conformance with all Code requirements on or before October 13, 1992; 3) Additional lighting shall be provided behind the building for the purpose of crime prevention and this lighting shall be directed away from surrounding residential areas and street rights of way; and 4) Hours of operation shall be from 6:00 a.m. to 9:00 p.m. on weekdays and from 7:00 a.m. to 10:00 p.m. on weekends. Motion carried unanimously (6 to 0). 4. Lots 57 through 63 and part of Lot 64, Clwr Beach Park, (490 Mandalay Ave) Mary G. Realty, Inc. (NTA Food Center, Inc. d/b/a Waterfront Pizza Rest), CU 92-44 Request - To permit on-premise consumption of beer and wine Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant's representative, Nick Gionis, 130 Windward Island, stated he owns the restaurant with his brother, and has been operating for four months. Mr. Gionis stated that he has no problem with the conditions recommended by staff. In response to questions by the Board, Mr. Gionis stated that limiting outdoor seating to 11:00 p.m. would be agreeable. He added that this is a clean family restaurant and that he has operated a restaurant on Clearwater Beach for 17 years. Mr. Shuford thanked Mr. Gionis for improvement that has been done to the facade of the restaurant. Pro: None Con: None Approved (motion made by Mr. Savage, and seconded by Mr. Merriam) subject to the following conditions: 1) There shall be no other alcoholic beverage sales uses (both package and on premise consumption) within the shopping center; 2) Approval shall be for on-premises consumption of alcoholic beverages only with no package sales; 3) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; 4) The building shall be used in such a manner as to retain its status as a retail center (not more than 400 sq. ft. of outdoor seating area shall be provided); 5) The applicant shall obtain the requisite alcoholic beverage distance separation variances from the City Commission; 6) The applicant shall meet the perimeter landscaping material requirements of Sec. 136.023 along the north side of the property and shall incorporate a low (30" tall) wall or fence into the site design to physically separate the restaurant patrons from the street right-of-way and the north side driveway; 7) All signage on the property shall be brought into compliance with the City sign regulations on or before October 13, 1992; 8) The closing time for the use shall be no later than 11:00 p.m. for exterior seating and 12:00 midnight for interior seating; and 9) There shall be no entertainment or outdoor speakers associated with the use. Motion carried unanimously (6 to 0). 5. Part of Blk 2, Baskin's Replat Resub, (2779 Gulf to Bay Blvd) Herbert E. and Jane B. Wollowick (KCMT Entertainment, Inc./Sweaty Eddy's), CU 92-45 Request - To permit on-premise consumption and package sales of beer, wine, and liquor Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. The applicant was not present and a motion was made by Mr. Carassas, and seconded by Mr. Savage, to postpone this request to the end of the meeting. Motion carried unanimously (6 to 0). At the conclusion of all other agenda items, the applicant had not arrived. Mr. Shuford stated that it was his understand this applicant had intended to make a verbal or written request to continue this request due to health problems and recommended the Board continue this item to August 4, 1992. Motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe, to continue this request to the August 4, 1992 meeting. Motion carried unanimously (6 to 0). 6. M&B 33.02, Sec 4-29-16, (3040 S.R. 590) Society for Prevention of Cruelty to Animals of Clwr, Inc. (Humane Society of North Pinellas, Inc), CU 92-46 Request - To permit temporary building for wildlife rehabilitation (use not specified in code) Zoned - P/SP (Public/Semi-Public) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant, Toni Howard, 20 Pembroke Circle, Palm Harbor, stated they take care of orphaned and injured wildlife, rehabilitating them with the purpose of releasing them back into the wild. In response to a question by the Board, Ms. Howard stated that any animals kept will be quiet, such as birds, possums, and raccoons and there should not be a problem with noise. Pro: None Con: None Approved (motion made by Mr. Carassas, and seconded by Mr. Savage) subject to the following conditions: 1) Any proposed outdoor areas associated with the use shall be clearly indicated on the site plan prior to the issuance of the requisite building permits; 2) The perimeter landscaping standards of Section 136.023 shall be provided; and 3) The requisite permits and any necessary occupational license approvals shall be obtained within 6 months. Motion carried unanimously (6 to 0). 7. Lots 1 through 10, Blk C, Bayside Shores, (731 Bayway Blvd) William Kebort (El Mexicano of Clwr Inc), CU 92-47 Request - To permit on-premise consumption of beer and wine Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant, Francisco Ruiz, 1830 Druid Rd., stated he owns a Mexican Restaurant located in Sunshine Mall which serves alcoholic beverages and has been operating it for the last eight and one-half years. He stated that he will eventually close that restaurant. In response to questions by the Board Mr. Ruiz stated he has no problem with the conditions recommended by staff. He added that this will be a family restaurant with no bar area, and that beer and wine will be served at the tables only with meals. Pro: Herb Leonhardt, 706 Bayway, stated that he lives across the street from this location. He felt that this is one of the best proposals for this location as do several neighbors he had contacted. He stated he would like the closing times should be limited to the times stated on the application. He felt this request is a good one and should be approved. Mr. Shuford suggested the Board may want to add a condition stating that seating shall be limited to table seating only with no bar seating. He added that this would make enforcement easier and eliminate any confusion as to what constitutes a "family restaurant". He also suggested possibly limiting the hours as requested by Mr. Leonhardt. Con: None Approved (motion by Mr. Carassas, seconded by Mr. Bickerstaffe) subject to the following conditions: 1) Closing time shall be no later than 10:00 p.m. Monday through Thursday, and 11:00 p.m. on Fridays and weekends; 2) The applicant shall obtain the requisite alcoholic separation variances from the City Commission; 3) Approval shall be for consumption on premises only with no package sales; 4) There shall be no entertainment, outdoor seating, or outdoor speakers; and 5) Seating shall be limited to table seating only, with no bar seating. Motion carried unanimously (6 to 0). 8. Lot 1, Radisson Bayside Hotel, (1261 Gulf Blvd., Suite 110) The Shoppes Assoc Ltd Partnership (Paloscio's Pizza and Pasta Inc), CU 92-48 Request - To permit on-premise consumption of beer and wine Zoned - B (Business) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Applicant, Michael Paloscio, 831 Tallowood Dr., Largo, stated he wants to serve only beer and wine to compliment the dinners. Mr. Paloscio stated that in the past he was involved with his mother's restaurant in New York and that he is familiar with dealing with persons who have had too much to drink. He noted that he has worked in commercial fishing for the past 17 years and now wants to get back into the restaurant business. In response to questions by the Board Mr. Paloscio stated he will be the owner and the gentleman that will be the cook has been working in the restaurant business for the past 20 years. Mr. Paloscio also stated that he has a lease that is contingent on getting approval for this license. Pro: None Con: None Approved (motion by Mr. Savage, seconded by Mr. Bickerstaffe) subject to the following conditions: 1) The requisite occupational license shall be obtained within 6 months from the date of this public hearing; 2) There shall be no outdoor seating; 3) The sale of beer and wine shall be limited to consumption on premises with no package sales; 4) The applicant shall obtain approval from the City Commission for any requisite separation distance variances; and 5) Closing time shall be no later than 10:00 p.m. during the week, and 11:00 p.m. Friday, Saturday, and Sunday. Motion carried unanimously (6 to 0). 9. Lots 43 through 48, part of Lot 64, and Lots 65 through 71, Clwr Beach Park, (470 Mandalay Ave) Pelican Two, Inc (PSA Inc/Ocean Garden), CU 92-49 Request - To permit on-premise consumption and package sales of beer, wine, and liquor Zoned - CB (Beach Commercial) and CR 28 (Resort Commercial) Mr. Carassas declared a conflict of interest with this application and will not participate in the discussion or vote. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford recommended a detailed modification of the condition regarding improving the parking area. Applicant's representative, Trish Muscarella, 1550 South Highland, Suite B, stated she is representing the owners of the Ocean Garden Restaurant. She stated that another corporation bought the property across the street which staff is referring to as off-site parking which they are trying to tie in with this restaurant. The real issue is that there is an option to buy the restaurant in the future, but currently they are just tenants in the building. Ms. Muscarella stated that the applicant is requesting an 800 sq. ft. addition with veranda type doorways opening out on a patio in front of the restaurant which will be in keeping with the tropical seascape theme as recommended by the Clearwater Beach Task Force. Ms. Muscarella felt this will be an asset to the beach and improve the aesthetic qualities of the area. Ms. Muscarella discussed in great detail with the Board and staff the parking issue and other conditions as recommended by staff. Applicant, Elias Anastasopoulos, 1600 Gulf Blvd., Penthouse One, stated Ms. Muscarella is his representative. Mr. Anastasopoulos stated that when purchasing this property, he and his attorney went to the City to discuss the parking easement and at that time the City did not have any information. He added that the request today is only for the patio, that they do have a permit, and if we are required to have ten more parking spaces they will be provided. Pro: Jim Staack, 600 Cleveland Street, stated that he is an attorney and did go with Mr. Anastasopoulos to the City at the time the corporation was formed to acquire the two properties, specifically to find out if any agreements existed relating to parking or inter-parking relationships. He stated that the City was unable to find any formal agreements between any entities. Gordon McDougall, 815 Bruce Avenue, stated that he was involved with the Clearwater Beach Blue Ribbon Task Force and one of the major concerns on the beach was that it was not publicly oriented; it did not make a statement that we want the public/tourists to stay around, sit around, visit our shops and spend some time on the beach. Mr. McDougall noted that from Baymont to Route 60 there are approximately only four benches (submitted photographs), and noted that they are in poor condition. Con: None After a lengthy discussion, the applicant's representative conceded that they will have to meet the parking requirements, but did not wish to formally tie the properties together with a long term parking agreement or unity of title. Discussion ensued by the Board regarding the conditions to be imposed for approval of this request. Approved (motion by Mr. Bickerstaffe, seconded by Ms. Martin) subject to the following conditions: 1) The proposed outdoor use area shall not exceed 800 sq. ft. and the interior use area shall not exceed 9,100 sq. ft.; 2) Outside seating shall be limited to 53 people; 3) The 31 on-site parking spaces shall be in accordance with the requirements of the Approved Site Plan; 4) Within 60 days of this public hearing, the dumpster shall be relocated to a site approved by the City's Solid Waste Division, and screened; and 5) The applicant shall obtain the requisite alcoholic beverage separation distance variance from the City Commission; 6) There shall be no outdoor speakers or entertainment; 7) Off-site parking for this use shall continue to be provided as in the past. In addition, the Board agrees that this approval is an instrument that will assist in the development of Clearwater Beach and not an escape to the existing parking problem. Motion carried unanimously (5 to 0). (There was one abstention by Mr. Carassas.) 10. Lot 4 and part of Lot 5, Blk 2, Wallace's Add, (519 S Ft Harrison Ave) Trivest Investments, Inc (Gulf Coast Auto Sales), CU 92-50 Request - To permit outdoor retail sales, displays, and/or storage Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford stated that the applicant indicated to staff that improvements will be made to the site, but these are not thoroughly shown on the site plan. Mr. Shuford advised that in the past the Board has granted applicants continuance in order to provide this information on the site plan; however, given the information that we have staff would recommend denial of the request. Kevin Becker, 309 North Belcher Road, applicant's representative, stated that the property owner forwarded to him a letter after the application was submitted which stated that Mr. Shuford had advised that if the Proposed rezoning of this property to UC is approved, that this use would not require a conditional use permit. Mr. Shuford explained that the proposal to extend the UC zoning district includes changes to that zoning district which would make this particular use unavailable in this area either as a permitted nor a conditional use. Mr. Shuford discussed with Mr. Becker the site plan details. Mr. Shuford suggested Mr. Becker request a continuance to meet with staff and work out the details required on the site plan. Mr. Becker then requested that the Board grant continuance to allow time to contact staff and work out details required on the site plan and provide same. Pro: None Con: None Continued to August 4, 1992 to allow applicant to provide a more detailed site plan, (motion made by Mr. Merriam, seconded by Mr. Carassas). Motion carried unanimously (6 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: 1. Lot 61, Clwr Manor, (1716 Ragland Ave) Esther A. Wrobel, A 91-03, LUP 91-03 LAND USE PLAN: FROM: Unclassified TO: Low Density Residential ZONED: RS 8 (Single Family Residential) Mr. Mazur noted that the applicant was not present and that no persons appeared in favor or opposition to the request. Recommended that the City Commission approve (motion made by Mr. Bickerstaffe, and seconded by Mr. Carassas) the Annexation, Land Use Plan Amendment to Low Density Residential, and Zoning Atlas Amendment to RS-8. Motion carried unanimously (6 to 0). 2. Ordinance No. 5254-92 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 135.150, 135.1524, and 136.025, Code of Ordinances, to allow child day care as a conditional use in the Limited Industrial zoning district and the Research, Development and Office Park zoning district, and to establish supplementary standards for such conditional uses, providing an effective date. LDCA 92-10 Mr. Shuford explained the purpose and intent of this proposed amendment to the Land Development Code. Mr. Mazur noted that no persons appeared in favor or opposition to this amendment. Recommended that the City Commission approve this amendment to the Land Development Code (motion by Mr. Carassas, seconded by Mr. Bickerstaffe). Motion carried unanimously (6 to 0). 3. Ordinance No. 5236-92 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 134.015, Code of Ordinances, to delete the sign variance application deadline; providing an effective date. LDCA 92-08 Mr. Shuford explained this proposed amendment was included within the Sign Code revisions reviewed by this Board at the last meeting. He stated the intent is to separate this from the Sign Code so that requests for sign variances would not be delayed. Discussion on the details of this amendment ensued, including whether a variance request would be possible after the October 13, 1992 amortization deadlines. Mr. Mazur noted that no persons appeared in favor or opposition to this amendment. Continued to August 4, 1992 to enable staff to clarify the language (motion made by Mr. Merriam, seconded by Mr. Carassas). Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS Mr. Mazur felt the timing is appropriate to adopt rules for waverunners, such as a means for identification of rental waverunners. Secondly, Mr. Mazur felt that with requests for new alcoholic beverage licenses for restaurants, that closing times for surrounding similar establishments should be provided so that the Board would be consistent. Mr. Mazur also discussed the issue of experience or training for owners/operators of such establishments in handling patrons in regard to the consumption of alcoholic beverages, and whether any such training is required or available. F. DIRECTOR'S ITEMS Mr. Shuford stated that the Tampa Tribune ran an article in which his comments on the flood zone ordinance were taken out of context. G. BOARD AND STAFF COMMENTS Mr. Bickerstaffe suggested that staff could include the closing times of surrounding restaurants in the staff reports and recommend the same closing times for similar requests. He also inquired about the results of the City Commission's denial of the request from the True School. Mr. Shuford stated that he understood it was denied due to incompatible zoning. Mr. Merriam questioned the Planning & Development Department's perception of this Board - such as in the True Value request in which the Board went against the staff's recommendation. Mr. Shuford stressed the importance of the functions of the Planning and Zoning Board and the service they provide. Mr. Merriam also felt that when the staff recommends denial and the applicants receive a copy of the staff report, that some applicants may feel it is not worth proceeding in that they have no chance to have their request approved. He also felt that it could adversely affect their presentation. He added that if the staff recommends approval, the applicants may not do an adequate presentation as they feel it will be approved. Mr. Shuford explained that he felt the written reports are helpful to the Board members in that they provide professional guidance and that staff recommendations do not "tie the hands" of the Board. He noted that the applicants are provided a copy of the staff report to allow them to address issues raised in the report. Meeting adjourned at 6:10 p.m.