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PLANNING & ZONING BOARD MEETING -- ACTION AGENDA
Tuesday, April 15, 1997
Call To Order, Pledge of Allegiance, Invocation
Minutes Approval -- March 18, 1997 -- Approved as submitted
C. Conditional Uses
C1. Hazel WilsonlPauline ReavislBettv CondelPamela MillerlDrew Manor Professional
Offices Condo Association. Inc., to permit a veterinary office at 1710 Drew Street,
Drew Manor Professional Condo, zoned CG (General Commercial). CU 97-18
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit, certificate of occupancy and occupational license within six
months from the date of this public hearing; 2) No outdoor cages or runs or other outdoor
area containing unattended animals shall be permitted; and 3) No boarding of animals shall
be permitted except for pets currently being treated by the veterinarian.
e2. Clearwater Gulfview Hotel Trust (Ramada Inn Gulfview) to permit business/professional
offices which serve the tourist (real estate office) at 521 S Gulfview Blvd., Sec 17-29-
15, M&B 22.02, zoned CR 28 (Resort Commercial) & OS/R (Recreation/Open Space.)
CU 97-19
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain the
requisite occupational license within six months from the date of this public hearing; and
2) No outdoor sales will be permitted.
ca. Shoppos Associates Limited Partnership/Andrew R. Ouf. TRE (The Shoppes on Sand Key -
Hellas Aegean Isles Greek Restaurant) to permit restaurants and package sales occupaying
more than 15% of the gross floor area of a shopping center at 1241 Gulf Blvd., Radisson
Bayside Motel, Lots 1 & 2, Zoned B (Business.) CU 97-20
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite building permit, certificate of occupancy and occupational license within six
months from the date of this public hearing;and 2) The applicant shall maintain a minimum of
51 percent food and nonalcoholic beverage sales and limit nonfood service areas where
drinks are served to a maximum of 15 percent of the customer serivce area.
C4. Clvde W. Hall & Momir Milatovich (Old World Deli) to permit package sales of beer and wine
(new license) at 11 N. Jefferson Ave., Padgett's Estates Sub, part of Lot 7, zoned UC(E)
(Urban Center Eastern.) CU 97-21
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite State of Florida alcoholic beverage license within six months from the date of
this public hearing.
C5. Allan J. Stowoll (Quaker State Oil Marine Lube) to permit vehicle service (boats) at
2861 Gulf-to-Bay Blvd., Baskins Rapiat Resub. part of Lot 2, zoned CG (General
Commercial.) CU 97-22
P & Z ACTION
1
04115/97
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ACTION: Continued to the meeting of May 6, 1997
CG. Markos & Marla Ponlros/Oavld R. Webb/Slelco. Inc. (Stingrays Sports CaUl) to permit
nightclubs, taverns and bars (change of business ownership) at 1915 N Hercules Ave., Sec.
01-29-15, M&8 13.02, zoned CG (General Commercial.) CU ~7-23
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ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requisite occupational license within six months from the date of this public hearing; 2)
The sale of alcoholic beverages shall be limited to on premise consumption only, with no
package sales permitted; 3) The applicant shall maintain the existing kitchen and provide food
service within one hour of closing and 4) There shall be no outdoor entertainment or
loudspeakers.
. Board and Staff Comments -- Discussion
Adjournment -- 5: 16 p.m.
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Absent:
Edward Mazur
Brenda Harris Nixon
Kemper Merriam
Robert D. Bickerstaffe
Frank Kunnen
Douglas Hilkert
Leslie Dougall-Sides
Sandy Glatthorn
Steve Doherty
Gwen Legters
Bernie Baron
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Planning Manager
Zoning Section Supervisor
Board Reporter
Board Member
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
April 15, 1997
Present:
The meeting was called to order at 2:00 p.m. in City Hall, followed by the invocation,
meeting procedures and the appeal process. To provide continuity for research, items are
listed in agenda order although not necessarily discussed in that order.
Minutes Approval -- April 1, 1997
C:)
Discussion of the minutes was conducted under Board and Staff Discussion, on pages
7 and 8, below. Member Mazur requested amendment of the UPlanet Bubba" item #C2,
CU 97-61, to note that he had asked each of the applicants if they intended to operate as a
nightclub at any time during the week. He felt it was important to have this in the record
because the applicants had not recognized that they needed to have additional parking for
the nightclub use. Discussion ensued regarding the context of the discussion of the item.
Mr. Mazur questioned whether any of the board members objected to his requested
amendment. No objections were raised.
Additional corrections were requested as follows: 1) Page 4, second paragraph, item
21, correct the word "cases" to "cares"; 2) Page 5, third paragraph, correct 111998" to
"1988"; 3) Page 5, last line of the fourth paragraph, delete the word, ua" after
"terminableu; 4) Page 6, second paragraph, fourth sentence, add 11...a restaurant without
alcoholic beveraQe sales."; 5) Correct the spelling of Pattemore's throughout the document.
Consensus was to approve the minutes as amended.
C. Conditional Uses
C1. Hazel Wilson/Pauline Reavis/Betty Conde/Pamela Miller/Drew Manor Professional
Offices Condo Association, Inc., to permit a veterinary office at 1710 Drew Street,
Drew Manor Professional Condo, zoned CG (General Commercial.) CU 97-18
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Ms. Glatthorn presented background information and written staff recommendations,
stating the applicant wishes to establish a veterinary office in an existing office complex.
She detailed conditions in the surrounding residential area and related how the applicant
proposes to buffer the use to keep noise levels down. The proposal appears to be
compatible with surrounding properties, and to comply with the standards for approval, jf
the conditions of approval are met. Staff recommended approval with three conditions.
William Eskew, veterinarian representing the applicant, agreed with staff's analysis and
suggested conditions of approval. No verbal or written support or opposition was
expressed.
Member Hilkert moved to approve Item C1, CU 97-18, subject to the following
conditions: 1) The applicant shall obtain the requisite building permit, certificate of
occupancy and occupational license within six months of the date of this public hearing;
2) No outdoor cages or runs or other outdoor area containing unattended animals shall be
permitted; and 3) No boarding of animals shall be permitted except for pets currently being
treated by the veterinarian. The motion was duly seconded and carried unanimously.
C2. Clearwater Gulfview Hotel Trust (Ramada Inn Gulfview) to permit business/professional
offices which serve the tourist (real estate office) at 521 S Gulfview Blvd., See 17-29-
15, M&B 22.02, zoned CR 28 (Resort Commercial) & aS/R (Recreation/Open Space.)
CU 97-19
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This item was moved to the end of the agenda to allow time for the applicant or
representative to arrive. Ms. Glatthorn presented background information and written staff
recommendations, stating the applicant wishes to locate a real estate sales desk in the
Ramada Inn Gulfview hotel on Clearwater beach. The use should have no impact on
surrounding properties as long as it is restricted to the interior of the hotel as indicated on
the plan. The proposal appears to be compatible with surrounding properties, and to
comply with the standards for approval, if the conditions of approval are met. Staff
recommended approval with two conditions. One member indicated limiting indoor
activities to the desk area on the plan seemed unnecessarily restrictive and suggested
simplifying condition #2 to allow no outdoor sales. Ms. Glatthorn concurred.
Leif Chaffee, General Manager of Ramada Inn Gulfview, proposed to have a sales
representative for Ramada Vacation Suites at the desk location noted on the plan. In
response to questions, he said it is typical for hotel tenants to restrict sales activities to
their respective areas. He does not intend to offer outdoor sales, but would appreciate
being free to relocate within the hotel lobby in the future.
Tom Snark stated he is the Marketing and Sales Manager for Ramada Resorts, the time
share division of Ramada Inns. He explained how licensed salespeople market time shares
at several locations, offering gifts to guests for taking part in presentations. He said the
27-year-old company is bonded and has a solicitor's license. He affirmed all activities are
conducted within, not outside the hotel.
No verbal or written support or opposition was expressed.
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l""') Member Hilkert moved to approve Item C2, CU 97-18, subject to the following
conditions: 1) The applicant shall obtain the requisite occupational license within six
months from the date of this public hearing; and 2) No outdoor sales will be permitted.
The motion was duly seconded and carried unanimously.
C3. Shoppes Associates limited Partnership/Andrew R. Duf. TRE (The Shoppes on Sand
Key - Hellas Aegean Isles Greek Restaurant) to permit restaurants and package sales
occupying more than 15 % of the gross floor area of a shopping center at 1241 Gulf
Blvd., Radisson Bayside Motel. Lots 1 & 2. Zoned B (Business.) CU 97~20
This item was moved to the end of the agenda to allow time for the applicant or
representative to arrive. Ms. Glatthorn presented background information and written staff
recommendations, stating the applicant wishes to establish the restaurant within an
existing shopping center that currently exceeds the floor space allowance for restaurant,
tavern and package sales. She detailed non-retail occupancy, percentage of food and
beverage sales. and area requirements. The proposal appears to be compatible with
surrounding properties, and to comply with the standards for approval. if the conditions of
approval are met. Staff recommended approval with two conditions.
Julie Fine, with Ross Realty Groups, outlined the request. In response to a question,
she explained the restaurant will have take-out food. not liquor. She stressed liquor is not
being packed for takeout.
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No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve Item C3, CU 97-20, subject to the following
conditions: 1) The applicant shall obtain the requisite building permit. certificate of
occupancy and occupational license within six months from the date of this public hearing;
and 2) The applicant shall maintain a minimum of 51 percent food and nonalcoholic
beverage sales and limit nonfood service areas where drinks are served to a maximum of
15 percent of the customer service area. The motion was duly seconded and carried
unanimously.
C4. Clvde W. Hall & Momir Miiatovich (Old World Deli) to permit package sales of beer and
wine (new license) at 11 N. Jefferson Ave., Padgett's Estates Sub, part of Lot 7.
zoned UC(E) (Urban Center Eastern.) CU 97-21
Ms. Glatthorn presented background information and written staff recommendations,
stating the delicatessen has been in business since August, 1996. The proposal appears to
be compatible with surrounding properties, and to comply with the standards for approval.
if the conditions of approval are met. Staff recommended approval with one condition.
Clyde Hall. the owner/applicant, stated he wishes to obtain a license to sell imported
beers and wines. In response to a question. he indicated he understood and did not object
to staff's recommended conditions.
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No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve Item C4, CU 97-21, subject to the following
conditions: 1) The applicant shall obtain the requisite State of Florida alcoholic beverage
license within six months from the date of this public hearing. The motion was duly
seconded and carried unanimously.
C5. Allan J. Stowell (Quaker State Oil Marine Lube) to permit vehicle service (boats) at
2861 Gulf-ta-Bay Blvd., Baskins Replat Resub, part of Lot 2, zoned CG (General
Commercial.) CU 97~22
Ms. Glattharn presented background information and written staff recommendations,
stating the applicant wishes to construct a drive-through vehicle service operation designed
to change oil in boat engines. Staff expressed several concerns with the parking
arrangement and the excessive amount of paved area on the site. Staff did not anticipate a
need for overnight storage of boats or vehicles and recommended for all vehicle service and
parts storage to be conducted indoors. It was indicated no vehicle for sale should be
displayed from the property without the applicant having obtained conditional use approval
for vehicle sales. The proposal appears to be compatible with nearby properties, and to
comply with the standards for approval, if the conditions of approval are met. She read
staff's seven recommended conditions, plus an eighth condition to bring existing signage
into compliance before obtaining a freestanding sign permit.
In response to questions, it was indicated boats are included in the definition of vehicle
sales and service. The 16 existing parking spaces exceed the maximum number required
by code and must be reduced to 13 spaces, unless a variance is obtained. The final plan
must be approved by the City Traffic Engineer. The parking spaces are for parking
customers' automobiles, not boats.. General discussion ensued regarding paving, green
space, and signage requirements.
Ben Rowell, representing Quaker State, of Salt Lake City, Utah, stated they are
offering a new product in the marine business. He noted power boaters typically have a
difficult time locating sources for servicing their boats. This proposal is a pilot being
introduced by Q-Lube to offer one stop drive-through oil changes, lubrication and
preventive maintenance conducted by a team of technicians. He addressed each of staff's
comments and recommended conditions individually, agreeing with all points except two.
While there is no provision in the plan for outdoor display or storage, he stated there could
be rare cases when a customer drops off a boat for service and is unable to pick it up the
same day. He requested the limitation be changed to indicate boats may not be kept
outside on the property for longer than 24 hours. The second point he questioned was
suggested condition #2 limiting service to oil changes in marine engines. He reiterated the
business is to be a one-stop operation providing total service and certain preventive
maintenance for boats, boat trailers, and tow vehicles.
One member's questions were forestalled by the Chair, who requested board members
to hold their questions until the end of the presentation. Debate ensued regarding meeting
procedures and the meeting was recessed at 2:33 p.m. When the meeting reconvened at
mpz04b97
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2:36 p.m., the Chair requested board members to follow the order of proceedings outlined
at the beginning of the meeting. The applicant was requested to continue his presentation.
Mr. Rowell reiterated his two concerns as outlined above. He stressed the operation
must be a drive through for speed and convenience, but occasionally a boat may be left on
the property overnight when the owner cannot pick it up the same day. The plan does not
call for boat or vehicle sales, the applicants will work on the parking lot plan with the
Traffic Engineer, and no freestanding signage is proposed other than entrance and exit
signs. The applicant has researched the sign code and will comply explicitly. He stated
Quaker State Is proud to offer this new concept to customers.
In response to board questions, Mr. Rowell reiterated the desire is to offer a
comprehensive range of services to the tow vehicles, boat trailers, boats and motors.
Basic safety checks will be conducted during the typical 3D-minute service routine. Simple
replacements such as light bulbs will be done as part of the basic marine service, but
anything that relates to mechanical repairs will be pointed out to the customer and referred
to an authorized full service dealer. He did not anticipate a situation where tow vehicles
alone would be serviced, except maybe for promotional purposes. He pointed out the
service regimen for tow vehicles is different than for regular automobiles, boats, motors or
trailers.
One member asked staff's reaction to deleting recommended condition #2, if the intent
is not to limit the applicant to changing oil in marine engines. Ms. Glatthorn assented, but
requested the board to condition approval so the board's intent will be clear for purposes of
future reference and enforcement. Mr. Rowell suggested allowing oil changes and
lubrication of marine engines, boats, trailers and other vehicles. Discussion ensued
regarding a simple way to represent the request. Consensus was the service will be
virtually the same preventive maintenance as what is done in quick auto oil and lube uses
and should be conditioned accordingly. A question was raised whether the way the current
conditional use application was brought forward is appropriate for this use. Ms. Glatthorn
verified the request is properly before the. board. Questions were raised why the
application limits the proposed service to marine engines.
Alan Stowell, the property owner, offered clarification. It was indicated Mr. Doherty
prepared the staff report based on Mr. Stowell having inadvertently listed only marine
engines on the application. Mr. Rowell stated the applicants understand the complexities of
breaking new ground, and emphasized this is a pilot program. He submitted for the record
a promotional brochure listing the range of services the business intends to provide, as
closely as the services can be quantified to date. He cautioned the list may change slightly
upon implementation of the pilot. After reviewing the brochure, Ms. Glatthorn was
satisfied with deleting suggested condition #2, and conditioning the request in accordance
with the services menu as submitted.
Harry Cline spoke in opposition to the request on behalf of Bayview Gardens, asking
the board to deny or continue the request because the application packet is legally
deficient. He complained the audience cannot hear the presentation or discussion because
of the noise of the air conditioning system in the Commission chambers. He stated his
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client was not notified of the request until Friday, and anything abutting the assisted living
community concerns them. He was not satisfied the application is complete, noting the
lack of an accurate site plan, lack of site lighting, and lack of landscape buffering. He
expressed serious concern about expanding the use from what was presented in the staff
report, without readvertising. Discussion ensued regarding the site plan, a zoning map and
an aerial photograph of the area, related to conditions on the subject and surrounding
properties. In response to Mr. Cline's concern that site lighting could disturb the adjacent
residential neighborhood, it was indicated site lighting is not a factor as the business will
operate from 8:00 a.m. to 5:00 p.m. The concern about the inadequacy of the site plan
did not seem appropriate to some, as the board does not require a certified site plan in
order to hear a conditional use request.
Ms. Dougall-Sides expanded on Mr. Cline's point that anyone attempting to view the
public hearing file prior to today's hearing would not have known of the expanded use.
She suggested readvertising the clarification and asked if the applicant would be willing to
request a continuance to the next meeting. She noted having the site plan revision
submitted at the hearing was late, indicating staff had not had adequate time to review it. .
Ms. Glatthorn affirmed a continuance would give Traffic Engineering and Environmental a
chance to review the revised plan submitted today. Discussion continued whether
adequate advertising and public notification were given, and whether the request should be
continued for readvertising, or decided today.
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Don Carlson addressed the board, stating he neither supports nor opposes the
application. He is the realtor to brought the business in contact with the property owner.
He took responsibility for any inadequacy on the application. He stated staff and the
applicants have done what they were required to do, which is report and seek approval of
an oil change operation. He stated the proposal will be a showplace for Clearwater, and
the application is above board. Regarding the concern about lack of a landscaping buffer,
he said a buffer existed until the adjacent property owners trimmed it back yesterday.
In summary, Mr. Rowell said Quaker State has put a great deal of time and energy into
the project, but does not want to go into business without being in the best graces of the
City. While he expressed some urgency to open the business in time for the peak boating
months, he said he would be willing to make the return trip from Salt lake City to attend
the board's next meeting, if necessary. He did not understand the objections because he
felt the application is complete. He requested information regarding his options and the
length of the appeal process if the board's decision to approve was challenged.
In response to a question, Mr. Rowell said he was prepared to accept conditions
requiring a concrete block wall or opaque landscaping buffer around three sides of the
property, and to have all site lighting directed away from properties to the south. He
stated the building is lighted indirectly, with lights washing down the sides of the building,
not onto surrounding properties. It was indicated the business would be remain open until
9:00 p.m., not 5:00 p.m. as stated earlier.
Mr. Cline was questioned whether the opposition would be satisfied if the board
addressed the concerns about lighting and buffering the proposal. Mr. Cline indicated he
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could not respond accurately without consulting his clients, but felt it likely a successful
appeal would be filed if those points were not adequately addressed.
Mr. Rowell requested a continuance to the board's next meeting of May 6, 1997.
Member Bickerstaffe moved to continue Item CS, CU 97w22, to May 6, 1997. The
motion was duly seconded and carried unanimously.
C6. Markos & Marla Poniros/Oavid R. Webb/Sielco. Inc. (Stingrays Sports CaM) to permit
nightclubs, taverns and bars (change of business ownership) at 1915 N Hercules Ave.,
Sec. 01-29-15f M&B 13.021 zoned CG (General Commercial.) CU 97w23
Ms. Glatthorn presented background information and written staff recommendations, .
stating the existing 4 COP license was obtained in 1991 for Boomerang's, Inc. The
business ownership was changed in December of 1995, when the name of the club was
changed to Stingrays Sports Cafe. A change of business ownership was approved for the
most recent business on August 2, 1994 (eU 94-63), subject to three conditions. She
listed the previous conditions and details regarding the authorized license holder. The
proposal appears to be compatible with surrounding properties, and appears to comply with
the standards for approval, if the three previous conditions and four new conditions of
approval are met. Staff recommended approval.
Lewis Johnson, the proposed new alcoholic beverage license holder and authorized
representative, stated he has applied for the occupational license and has no problems with
staff conditions.
No verbal or written support or opposition was expressed.
Member Merriam moved to approve Item G6, CU 97-23, subject to the following
conditions: 1) The applicant shall obtain the requisite occupational license within six
months from the date of this public hearing; 2) The sale of alcoholic beverages shall be
limited to on premise consumption only, with no package sales permitted; 3) The applicant
shall maintain the existing kitchen and provide food service within one hour of closing; and
4) There shall be no outdoor entertainment or loudspeakers. The motion was duly
seconded and carried unanimously.
Board and Staff Comments
. After discussion of the April 1, minutes, Mr. Mazur raised another concern. He
objected to the news coverage characterizing the Planning and Zoning Board as having
rejected the "Planet Bubba" item because of Todd Clem's involvement. He did not
remember the board ever having indicated the item was being considered on any basis
except.whether a nightclub was an appropriate use in the subject location. He stressed his
consideration had nothing to do with the applicants saying they would try to do better,
because ha felt management cannot control 960 peoplet no matter how well intended they
are. . He noted the board members had not gone on record with their individual objections
to the request and questioned whether they should be stated for the record, in the future.
mpz04b97
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General discussion ensued regarding the adverse impact on surrounding properties; specific
use of the term "nightclub" in staff's presentation; and discussion indicating conditions
were to be obeyed in order for the applicants to stay in business.
· Member Bickerstaffe reopened discussion of the use of generic terms instead of board
members' names in the minutes, in order to tell whose opinions are being expressed. He
and Member Nixon reiterated they prefer the use of names. Member Mazur stated the
reason names were omitted was for ease of minutes preparation. Member Merriam noted
it would serve no useful purpose to change the format. Member Hilkert preferred not to
have his name used in the summary minutes due to the possibility of something he said
being summarized differently than he had intended. He supported no change in the
minutes format. Member Kunnen felt the summarizations to be fairly accurate and stated
the use of names would not change anything. Additional minutes corrections are reported
under Minutes Approval on page one, above.
. Member Mazur respectfully requested board members to refrain from asking questions
of applicants before the end of the applicant presentation. He apologized for stopping the
meeting for a short time, but stated he will continue to conduct the meeting according to
the established procedure unless he hears differently from the majority of the board. He
requested input from board members.
Member Kunnen maintained Robert's Rules of Order provide for the board to ask
questions of the applicant. Mr. Mazur noted Robert's Rules are used as a backup then the
board's rules do not cover a specific situation. He reiterated the board has a set procedure
that should be followed unless the board changes the procedure.
Member Merriam asserted no one should interrupt a speaker with a question, but
should wait and follow the board's parameters. He challenged the inference that Robert's
Rules allow interrupting a speaker.
Member Nixon noted the basic philosophical difference in the timing of questions,
. pointing out she had sustained heavy criticism of the way she ran board meetings when
Mr. Kunnen felt he had the right to interrupt the meeting any time he had a question. She
stated Mr. Mazur had been elected Chair because it was felt she could not control the
meetings. She stated board members should accept the established rules or resign from
the board. She found it embarrassing for the public to see board members fighting among
themselves. She felt it is appropriate to make notes of her questions and to withhold
asking them until the appropriate time.
Member Kunnen asserted it is not appropriate for the Chair to muzzle a board member
when the board member feels more discussion is needed. He said questions are needed to
understand the issues. He related several incidents at today's meeting when it appeared
board members had spoken out of turn.
Member Bickerstaffe expressed concern the board had made a spectacle and indicated
instruction from the Chair should be followed, whether or not a board member agrees with
the instruction. However, he expressed concern with prolonging discussion of conditions
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of approval with the applicant by adherence to a formal question and answer session. He
felt interjection of a pointed question can save time.
Member Hilkert understood one wanting to ask questions spontaneously, but was
convinced by the Chair's assertion that time for questions and discussion will be allowed
once the presentation time has expired. He noted parliamentary procedure provides that
any member who is not satisfied with a decision by the Chair has the right to appeal that
decision to a vote of the board. He suggested that procedure as a possibility for future
consideration.
Mr. Mazur clarified his system for 1) signaling a member to acknowledge that the
member wishes to ask a question at the appropriate time; and 2) recognizing the member
by name when the time is appropriate to ask the question.
Member Kunnen indicated he may have misunderstood the Chair's recognition process.
He thought he had been recognized and had been interrupted after he thought he had the
floor. In the future, he will make notes and wait to be recognized. . He wished to
emphasize to the board he is very concerned about ensuring he understands staff's
recommended conditions.
. In response to a question from Member Hilkert, Ms. Dougall-Sides said the Land
Development Code rewrite is still under review in the legal office.
. Referring to earlier discussion of the "Planet Bubba" item, Member Merriam explained
his position. He recognized Mr. Clem's history in the Tampa Bay area, but expressed
concern the media indicated the board voted down the proposal because of Mr. Clem's
involvement. Mr. Merriam related the history of uses on the site, stating there have been
other uses besides nightclubs. He was concerned the applicants shifted to an emphasis on
the restaurant after they heard the board did not favor a nightclub on the site. He felt the
application did not meet standards for approval #3, #6, and #7a, band c.
Member Nixon explained why she voted as she did on the "Planet Bubba" item. 1) She
felt the item should never have come before the board, if Tiffany Wilder has continuously
owned the liquor license and only leased it out; 2) the applicant was not proposing
anything different from what happens at the strip club located near the church; and 3) the
applicants specified the nightclub would not begin until 9:00 p.m. In later discussion, Mr.
Doherty indicated verification of license ownership would not be possible without checking
with the State of Florida. He said details of Ms. Wilder having leased her license are not
known to staff.
. Regarding the Quaker State item, Member Nixon questioned Mr. Cline's code reference
that requires a correct site plan with a list of conditions. She requested investigation by
staff, and inclusion of a complete site plan in the board's packets, if it is determined to be
required by code.
Member Bickerstaffe favored staff being prepared to answer board questions that pop
up the day of the meeting. He expressed concern staff should have asked the appropriate
mpz04b97
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questions in advance so it would have been known what the Ouaker State applicant
wanted to do. He said it seems staff wants to eliminate instead of promote business. Ms.
Glatthorn responded by explaining that staff is very concerned about meeting the City's
goal to promote economic development and that sometimesl in the effort to meet this goal,
and be customer friendly, staff must bring an application forward to the board which is not
totally complete.
Member Hilkert complimented staff on the Q-Lube staff report, stating they did a good
job with what they were given. Member Nixon requested staff to determine whether
future applications fall into the category of major or minor service and include the
appropriate list of allowable activities. She felt staff should look at the hours of operation
and not limit the applicant unnecessarilYI just based on what the applicant writes on the
application. Member Kunnen requested staff to address future vehicle applications as
I'major" or liminor."
· Member Nixon complained the noise generated by the new air conditioning system in
Commission chambers is totally unacceptable. She requested the City Commission to do
something about the noise. She was concerned she could hear a conversation in the
audience above the presentation. Mr. Mazur was concerned with an audience member's
report the board could not be heard.
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· Member Bickerstaffe raised a question regarding Jamminz' billiard and dancing room.
Mr. Doherty explained details, stating the occupational license is in order. Discussion
ensued with Mr. Doherty regarding whether an occupational license is a tax, or permission
to operate a use.
· Member Kunnen expressed concern with transfer of business ownership applications,
stating the board should be looking at the 20ning and land use, not the license. Ms:
Glatthorn agreed, stating staff hopes to change the way the code is written. Member
Nixon noted the board only deals with changes of business ownership as they relate to
alcoholic beverage licenses. Relating a brief history of such cases, she said staff has tried
to change the code several times, but the board has always fought back. Member Hilkert
stressed the need for a mechanism in the code whereby someone is responsible for
considering change of ownership of liquor licenses. He said certain liquor licenses can be
extremely detrimental to the community if they are not controlled.
· Member Mazur requested Ms. Glatthorn to ensure today's minutes are copied to the
City Commission. He realized Central Permitting staff is often in the middle between
demands from the public and pressure from the board. He said it is not always possible to
meet everyone's expectations.
· Member Bickerstaffe referenced a recent a newspaper articfe about a new non-profit
organizationl and questioned staff to look into the requirements for constructing a nonp
profit building.
.
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Adjournment
.' The rn~etlng adjourned at 5:16 p.m..,
Chair
Planning and Zoning
Attest:
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