11/05/1991 (2)
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AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, NOVEMBER 5, 1991 . 1:30 PM
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PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
A. APPROVAl. OF MINUTES
1. October 16, 1991
ACTION
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CONomONAl USES. ANNEXATION. ZONING. LAND USE PlAN AMENDMENTS. LAND
DEVElOPMENT CODE TEXT AMENDMENTS. AND LOCAL PlANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONOmONAL USE REQUESTS IS GIVEN UNDER OATH.
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1. The Chairperson reads {rom the Public Hearing Notice each item as it is presented.
2. The staff report and pertinent background information are presented.. 5 minutes maximum.
3. Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. - 5 minutes maximum,
6. Persons who support the application speak - 3 minutes maximum for each individual;
or spokesperson for group - 10 minutes maximum.
7. Persons who oppose the application speak - 3 minutes maximum for each individual; or
spokesperson for group. 10 minutes maximum,
8. Persons supporting the application lather than applicantl may speak in rebuttal. 3 minutes
maximum,
9. Persons opposing may speak in rebuttal - 3 minutes maximum.
10. The applicant has an opportunity for final rebuttal . 5 minutes maximum,
1 1. Public Hearings are closed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. REOUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
C. CONDmONAL USES:
1, Lot 2 and vacated Beach Dr on Wand lot 3, 17
Rockaway Street! Miller's RepJat, Charles and
Ypanti AlexiouJAnthony Alexiou IRockaway Grill,
Incl CU 91-77
Rcquest - To permit on-premise consumption of
beer, wine, and liqour,
Zoning - CR 28 (Resort Commercial!
2.
Lots 5, 7, and 8, 12559 Countryside Blvd, Suite
11, Countryside Village Sq, Countryside Village,
Ltd/HRE Properties IBaskets of Joy Enterprises,
Inc.1 CU 91~7B
Zoned . CC (Commercial Centerl
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Rcquest . To permit package soles of beer and
wine.
P & Z AGENDA
11-05-91
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3. Blk C. Lots 1 thru 10 (740 S. Gulfview Blvdl,
Bayslde Shores, William Kebort (Gourmet Master,
Inc.nsland Breeze Cafe & Grilli CU 91.79
~ Request. To permit on-premise consumption or
beer and wine,
Zoned - CB (Beach Commerclall
4, Lot 1. South Oaks Fashion Square (1600
McMullen Booth Rd, /lA-51, Clearwater
Marketplace Partners (Pyramid Inn, Inc/Granny's
Place Natural Foods Rest & Storel CU 91-80
Request - To permit on-premise consumption or
beer and wine.
Zoned - IPD (Industrial Planned Development!
5, ,Blk. 7. part of Lot 9, Clearwater Beach Rev 1608
Mandalay Avel. John l.. Sophie Lookretls (5&0
Lookretic, Inc d/b/a Kally's Beachsidel CU 91-81
Request. To permit on-premise consumption of
beer and wine.
Zoned - CB (Beach Commerciall
D. ANNEXAnON, ZONING, LAND USE PLAN
AMENDMENT. LAND DEVaOPMENT CODE
TEXT AMENDMENT, AND lOCAL
PLANNING AGENCY REVIEW:
("'\ ,. Lots 1 and 2, located on the northwest corner of
'...,,{'>l Northeast Coachman Rd. and U.S. Hwy 19 N.
(19.89 acres), Sub. Plat for Lochmann's Plaza,
(Principal Mutual Life Insurance/Brandon Nu-
West/Kinko's of Ga/Z. E. and Frances Taheri,
Trustees) Z 91-02
Request. To consider request for amending the
Zoning Atlas and review of Master Site Plan.
Zonina:
From: CC (Commercial Center]
To: CPO lCommercial Planned Developmentl
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
1. Update on Pinellas Planning Council local
Government Consistency Program,
G. BOARD AND STAFF COMMENTS
P & Z AGENDA
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MINUTES
PLANNING & ZONING BOARD
TUESDA V, TUESDAY, NOVEMBER 5, 1991
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Members Present:
Chairman Schwob, Messrs. Dickerstaffe, Carassas. Hamilton, Mazur (arrived
1 :34 p.m,), Mcrriam, and Savage.
Members Excused:
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Also Prescnt:
Scott Shuford, Planning Manager
Sandra Glauhorn, Senior Planner
Pat Fernandez, Recording Secrelary
Chairperson Schwob 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 THOUGII NOr NECESSARlL Y DISCUSSED
IN THAT ORDER.
A. AIJIJROV AL OF' MINUTES
Motion was made by Mr. Savage, and seconded by Mr. Hamilton, to approve the minutes of the October
15, 1991 meeting. Motion carried unanimously (6 to 0).
n. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
C. CONDITIONAL USES:
1. Lot 2 and vacated Beach Dr on Wand Lot 3, (7 Rockaway Street) Miller's Replat, Charles and
Ypanti Alexiou/Anthony Alexiou (Rockaway Grill, Inc) CU 91-77
Request - To permit on-premise consumption of beer, wine, and liquor.
Zoning - CR 28 (Resort Commercial)
Mr. Shuford gave the background uf the case and submitted. In writing, the staff recommendation.
Mr. Hamilton advised he had a conflict on interest and did not participate in the discussion or vote on
this item.
George Greer. applicant's representative. 600 Cleveland Street, Suite 685, stated he was delighted the
starf concurred with this request, advised that the deck will be rebuilt and that the Rockaway Grill Is part
of the Frenchy's chain.
No persuns appeared in suppurt of or In opposition to the above request,
Mution was made hy Mr, Merriam. and seconded by Mr. Carassas, to approve the above request subject
tu the full owing conditions: I) The appl icant shall obtain the requisile occllpationallicense within six (6)
months from the date of this public hearing; ami 2) Approval shall be for consumption on premises only.
with no package sales. Motion carried 6 to 0 with one abstention.
P & Z MINUTES
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2.
LuiS 5, 7, llnd 8, (2559 CoulIlryside Blvd, Suite I), Countryside Village Sq, Countryside Village,
LldlHRll Properlies (llaskels of Joy Enterprises, Inc,) CU 91-78
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Request - To permit package sales of beer and wine.
Zoned - CC (Colllmercial Cenler)
Mr. Shuford gave the background of the case and submiued, in writing, Ule staff recommendation.
Sam Hillman, applicant's rcprc.sc1Jwtive, 416 Drew Street, slaled this will be a gift basket store and wish
to include wines in Ulese baskets.
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The Board asked the owners about controls on baskets where alcohulic beverages could be delivered to
minors.
Cu-owners Joy Hilhmm. 3337 San Jose Street and Myra Sheidler. 2843 Deer Puund Way, Palm Harbor
34863 stated del iveries nre not made to persons under 2 J and 110 shipments will be sent out-of-state. The
person accepling delivery would have 10 be uf age. This will not be a package sales oullet. beverages
will be in packnges or gift bagged, am] such beverages are not refrigerated. UPS will not deliver
alcoholic heverages and the oWllers will deliver using their own vehicles.
No persons appeared in support of the above request.
In Olll'osilion, Louis Longo. 2595 Cuuntry~idc Boulevard, Uhit 112, states beer cans and bottles are
thrown on the street nuw and feels an add itional package sales is nut needed.
In rellulInl, 1\ls. Hillman staled she dill not feel her clients would come in, grab a heel', and throw Ule
( can on the street. Their wines and imported beer will be expensive and intended for gift purposes.
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not like a convenience store where disposal of cans can create a problem.
Motion was made hy 1\lr. f\lazur, mill seconded by 1\lr. Hamilton, to approve the above request subject
to the following conditions: I) The applicilnl shall ohtain the requisite occupational license wiUlin silt (6)
months of this puhlic hearing; 2) The applicant shnll ohtnin npproval from the City for the number of
delivery vehicle(s) ami parking locations of the delivery vehicles; 3) No deliveries shall occur between
the hours uf 10:00 p.m, to 6:00 a.m.; and 4) The sale of refrigerated alcoholic beverages shall be
prohibited. Motion carried unanimously (7 to 0).
3. B1k C, Lois I thru JO (740 S. Gulfview Blvd), llayside Shores, William Keburt (Gourmet Master.
Inc.llsland Breeze Cafe & Grill) CU 91-79
Request - To pcrmit un-premise COl1SUl1IlHion of beer and wine.
Zoned. Cll (Ueach COlllll1ercial)
Mr. Shu fiJrd gave the hackground of the case ami submitted, in writing. the stafr recommendation.
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Bryan Shanahan, applicanl, 1113 Thayer Strect, Safety Harbur 34695. stated he has a small restaurant
and has rcqllesled heel' ami wine to augment mcals pCI' his customer's request. In response to a question,
he ha!; extensive restaurant experience and was previously with llenlley's. The Black Swan and the
Prcsidcnt's Club. .
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^ letter of slIpport was received by Mr. & Mrs. Paul Scholz who feel ~lis proposed business would not
affect them advcrscly, .
No persons nppcared in support of or in opposition to Ule above request
Motion wns made by Mr. llickerslnffc, and seconded hy Mr. Carassas, to approve the above request
subjcct to the following conditions: I) The applicant shall oblain variances to the scparnllon requirements
hetwccn alcoholic bevernge estahlishment!! and residential zones and between similarly licensed
estahllshmenls from the Clly COlllmlsslon; 2) The applicant shall obtain variances from the Development
Code Adjustmcnt Board for minimum seating and minimum area requirements; 3) Sales of alcoholic
beverages shall he restricled to sales for on-premise consumption; 4) All permits and IIccnses be obtained
within !iix (6) months of this public hearing; and 5) The sale of alcoholic beverages shall be prohibited
ancr 9:00 p.m., all days of the wcek, Motion carried unanimously (7 to 0).
4. Lot I, South Onks Fashion Square (1500 McMullen Booth Rd, #A-5), Clenrwater Markelplace
Partncrs (Pyramid Inn, Inc/Granny's Place Natural Foods Rest & Store) CU 91-79
Request - To permit on-premise consumption of beer and wine.
Zuned - IPD (Industrial Planncd Development)
Mr. Shuford gave the background of the case and submitted. in writing, the staff recommendation.
Orne Twardowski, applicant's rcprc.'icntHtive, 18167 U.S. 19 North, Suite 250, Clearwater 34624, stated
they have nn organic, nalurnl foods store and want a license to lHive organic wines and beer available for
their customers. Music will be light piano and during the dinner hours only.
Christa Gic.c;sen. applicant, 31 Pinew{Jud Circle, Safety Harhor, stated she grew up in the restaurant
husiness, has a hotel/restaurant management degree and a nutrilional degree. l1lis business will combine
bolh areas of her expertise.
Nu persons appeared in support of or in opposition to the above request
Motion was made by Mr. Mazur, ami seconded by Me. Merriam, to approve the above request subject
to the following cond itions: I) The requisite occllpnlionall icellse shall be obtained within six (6) monUls
from the date of this public hearing; and 2) The sale of alcoholic hevcrages shall he restricted tolon
premises consumption only with 110 pnckage sales. Motion carried unanimously (7 to 0).
5. Blk. 7, part of Lot 9, Clearwater Beach Rev (G08 Mamlalny Ave), John L. Sophie Lookretis (S&I:?
Lookretis, lnc d/h/a Kally's Deachside) CU 91-81
Request - To permit oil-premise consumptlun of beer and wine.
Zoned - ell (Beach CUllll1lercial)
Mr. ShllllutI gave the hackground uf the case and submitted, in writing, the staff rccommendation.
Mike Mackcnzie, applicant's rcprc,';cnlalivc, 28465 U.S. 19 N.. Clearwater, slated this proposed location
has heenused in the same fashion for over 20 years. Changes were made In accordance with the current
colle willt the effect that restaurant seating will nut increase significantly over the number of existing
scats.
Nu persons appeared in support of or in opposilioll tu the ahove requcst.
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Motion was made by fI.'lr. Carassils, and seconded by Mr. Malllr, to approve the above request subject
tn the f(,lIowlng conditiollS: I) The applicant shall oblllln 1I(1proval from the City Commission and the
Development Code Adjustment Board for variances to the distance separation and parking requirements
prior to the issllllllce of nn occlIpnl ional Iiccnse for thc nlcohollc beverage salcs; 2) The applicant shall
ohtllln the requisite occupat!onlll license within six (6) months; 3) Alcohullc beverage sales shall be
restricted to on-premisc consumption only; nnd 4) Alcohulic beverage sales shall be prohibited aner 10:00
pm. Motion cnrried unanimously (7 to 0).
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE
TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
I. Lots I and 2, located on the northwest corner of Norlhcast Cuachman Rd. and U.S. Hwy 19 N.
(19.89 acres), Sub. Plat for Loehmmlll's Plaza, (Principal Mutunl Life Insurance/Brandon Nu-
West/Klnko's of Ga/Z. E. and Frances Taheri, Trustees) Z 91~
Request - To consider request for amcnding the Zoning Atlas and review of Master Site Plan.
Zoni ng:
From:
To;
CC (Commercial Center)
CPO (Commercial Planned Development)
Mr. Ma7.ur announced he had a cunllicl of interest and would nol participate in the discussion or vote on
this item.
Mr. Shuford gave the background of the case and suhmitted, In writing, the staff recommendation U13t
the case be continued to allow for a CUI-through trnflic study to be completed. A neighborhood meeting,
the evening hefore, hrought out the divergent views, mostly traffic oriented, or to finding ways to buffer
the site. The neighborhood feels il is necessary to close Stag Run to eliminate Ule Ulrough traffic on Ulis
street.
Richard Harris, applicant's representative, 5440 Beaumont Center Boulevard, Suite 460, stated he had
contact cd Wal-Mart today and the following was thcir consensus: would agree to closure of the ea'\tern-
most driveway and would accept one of two scenarios; either a left.in, right--out traffic movement or a
complete closure; have agreed to make the wcstern-most entrance into a left-in, right-out traffic
movcment; \Val-Marl will have no problem nip napping the building; ami will piant 11 25' vegetative
bufTer along Stag Run Boulevard. ~lr. Harris feels thcre will be less late evening traffic because Wal-
Mart closes at 9:00 p.m. and a Wal-Mart code is that they will nut allow any bars or sale of alcoholic
beverage establ ishmcllts on one of thcir projects. The proposcd storc has J 21,000 square feet and phase
two, if busincss warrants il, will add all additional 30,000 square feet. Landscaping wllJ be saved and
enhanccd and some of the wetlam.! arcas will be restored. The building exterior will be split block with
a blue accent band.
Mr. Harris wn!; called away ami questions were then answered by Robert Pcrgolizzi, a Transportation
Plnnner, witll King Engineering Associates, 24945 U.S. 19 N., Clearwater, who stated that at the
neighhorhood meeting the cut-through traflic was a major concern. The City Engineer advised residents
he would conduct a cUHhrough tramc study,.
No persons ilppcnrcd in support of this request.
In oJlPosition, 10hn MacBain, 1657 Cuachmakcrs Lanc, slated he is President of the Coachman Ridge
Home Owners Association and is opposed to the rC7.11ning due to tramc. He pointcd out the route on an
acrial map that vchicles arc taking through their suhdivision. Humcs are costly and they are concerned
about propcrty valucs, They ubject to the noise that this store would gcncrate which Uley feel will affect
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their quality of life. Widening of N.n, Coachman is needed but is not currently in the works. They feel
a need to cUlltillue to meetings wilh the engineering firm, someone from Wal-Mart and U1C City Traffic
persullnel.
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III oppositioll, David Little, 1734 Ca~cy JOIle.<; Court, slaled that being a quality neighborhood and paying
their high laxes, they nccd assislance OIl the traffic prohlem. His sulution is to close Stag Run Boulevard
ami they would still have excellent access to their homes.
In response to questions from the Board, he feels a majority of residents want Stag Run Boulevard closed
and still have a Wal-Mart.
In opposition, Alvin Fr~L~, 2314 Stag Run Boulevard, statcd he wished to commend King Engineering
for listening to their concerns at the ncighborhood meeling. Wal-Mart has agreed to flip-flop the building
and sOllie othcr points however it is 110t possibl c to point out these changes on a site plan. King
Associntes felt the Fire Department would want Stag Run open. He contacted Marshal Goodloe who
advised him they do not require access from Stag Run Boulevard.
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In opposition, Gloria Lusi. 2486 Stng Run Boulevard, stated Stag Run should be closed but feels residents
would then use EI Tair where they would find N .E. Coachman backed up, She spoke of efforts to rezone
the log cahin site approximately 2 years ago for a 7-11 store. The request was denied due to traffic and
the hridge could not take the traffic. Now a site, 4/1Oth a mile duwn the road, is receiving serious
considcralioll.
In upposition, Bill McCarthy, 2416 Stag Run Boulevard, stated the higger picture needs to be looked at
ill addition to Ihe closure of Stag Run, Old Coachman and N. E: Coachman need development to handle
the increased trame. They feels these things must be done prior to the acceptance of Wal-Mart.
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In Ollposilioll, Edith Tymm;ko, 1609 Cuachmaker Lane, stateu she can not undersland the need for three
entrances into their store, Stag RUll, U,S. 19 and N.E. Coachman. At their other stores they have 2
entrances.
In opposition, Philip Johnson, 2400 Stag Run Boulevard, staled the road plan shows three roads (Old
Coachman, N. E. Coachman and Stag Run Boulevard) are two lanes and trarne will be backed up and
create a nighlJllare. If widening is dOIlC, it is his view the widcning of Stag Run would decrease the value
of humes. The revenues Ihat will hcnefit the community will he siphoned off existing businesses who
instcad of shopping at K-t\lart or Target will shop at Wal-Marl.
In oppllsilinn, John Nastasi, 2427 Slag Run Boulevard, tried to lake a poll of those persons there. The
Board felt the procedure was confusing m; th is is nol the proper furum,
In oJlPosition, W;lrrcll Schreiller, 2351 Slag Run Boulevard, Slated his concern ahout residents bcing able
to access Coachman Ridgc Park un Old Coachman Road. He also pointed uutthat N.E. Coachman is
a lrihutary 10 r....lcl\lullen Booth. They will need relief, perhaps with signals, for egresses from their
subdivision.
Mr. Shuford advised mOlley in the long-range plan was there III the next five years for planning and
ellg illccrillg work, bul not Ihr cOlIslnll.:lion. Stag Run is a city road. and the others are eilher county or
state,
In rehll11aJ, Richardllarris, clarified Ihal King Engineering did do II trarne stuJy. Vehicle trame will
he ahout 7,OUO lrips Jler day ill Phase One and 9,956 trips per day, tu this center, with the ultimate
huildoul. They wHnl to turn this cenler into a viable shopping cenler for the city and agree to a
'-- continuance shllult.lthe Board feel it necessary.
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The Hoard has requested they be kept up-tn-date prior to receipt and referral. They would pre(er
information shortly after staff receives it and not be presented with a huge packet they would have to
digest in a small amount of time. They do not want a big packet they will have to rubber stamp. They
further suggested workshops as the process is progressing. The meetings may need to be split into
"--' several smaller meetings, or brief the Board enough, so they would feel comfortable accepting It in one
large package.
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Discussion ensucd with Uoanlmemhers cxpressing cuncerns including the following: feci the Board needs
th; study on cut-through trame, that the closure of Stag Run Buulevard is critical, to nnd a way to work
With this project, and if continued, would like to question the Traffic Engineer at the next meeting.
Motion wns nHlde by l\'!r. Curassns, amI seconded by Mr. Bickcr!itnrfc, to continue this Item to the
mceting of Novcmber 19, 1991 in ordcr to obtain morc lnfornmtion fl'Om staff. Motion carried 6 to 0
with one abstemion.
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS
1. Update un Pinellas Planning Council Local Government Consistency Program.
Ms. Glatthorn cXplained the intcrlocal agrecment and the ramilications of the changes in Clearwater. TIle
City needs tu become consistcnt with the countywide land use plan. Many concerns have been worked
out through compromise and they are now working on a possible variance procedure in the new rules and
considering an ovcrlay area to allow Intense development at the beach. There are some problems
involving restrictions seaward of the coastal construction control line.
Mr. Hamilton inquired as his properly will be tremendously impacted and asked if it Is appropriate for
him to enter into discussions on this item. He feels his involvement should be discussed with Mr.
Galbraith as he wants to bc fair with the Board and to himself. Ms, GlaUhorn advised that this was being
presented at this meeting as an informational item. ...
U. HOARD ANI) STAFF COMMENTS
1\1r. Shuford informed the Hoard that sometime ago they approved a conditional use permit for Calypso
I3ay ami one of the conditions wus that there he 110 outdoor entertainment at that site. The City has
received a request for a tent permit to allow a public forum to be held, The permit was denied as being
olltdoor cl1lCrlail1ll1cnt. lie WillltCr.! 10 see If the I30ard felt h is interpretation was correcl. One member
is against uny tem heing thefe duc to its close proximity to neighboring church property. He plans to
contact the City Attorncy to scc i r his intcrpretation is correct.
l\lr. Greer asked to he heard on this itcm amI spent his lunch hour listening to the tape. He said music
amI dancing was discussed. lie advised they had a tent permit for 51. PHlrick's Day and O'Keefe's has
tent permits. II e stated they want to he trcated alike, however it was pointed out the difference with tent
Jlcrmits at O'Keefe's, is that they have 110 restriction.
Mr. Shuford staled the permit being granted in Murch did Ilut come bel"ore his attelltion; it obviously was
granted ill error.
Hoh Gn'gg. the architect who worked Oil this project feels we have the potential for inclement weather
and feels the crowd will he stich that it would cxcecd the indoor capacity Rhould it be held indoors.
Board I11cmhers inquired ahout parking which Mr. Gregg felt was immaterial. Hands, etc. will not be
',,- _ therc: it is a lirst lImel1lJlI1cnt issuc regarding t-bucks.
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Mr, Greer reherated the Wpe mentluned only music and dancing and he feels a political, r,ally cannot ~o
cunstrued as entertainment. :, ~ :': .' (.1 ~~ '
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The quagmire of U11s problem is that more stringent controls of temporary tent permits may be initiated
regarding parking; restrooms, elc.
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Mr.Shuford believes he Is on firm ground and the Board concurs this Is an administrative decision and
Ule ultimate resolution is with stafr and/or legal.
A new idea for the minutes was handed out and asked the Board to review and Input at a later meeting.
The names of the members present as well as who made the motion and seconded it, needs to be th~r~. "l..
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The suggested dates for the Board meetings fOf 1992 was presented. Motion was made by Mr.
Bickerstaffe, and seconded by Mr. Carassas, to approve Ule proposed dates. Motion carried unanimously
(6 to 0).
Mr. Merriam will miss Ule December 17, 1991 meeting and the Board decided to hold their no-host
luncheon on December 3, 1991.
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The meeting was adjourned at 4:59 p.m.
M. PolaUy; .Jr., Dir to I Planning & Development
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