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01/17/1989 MINUTES PLANNING & ZONING BOARD TUESDAY, JANUARY 17, 1989 - 1:30 PM Members Present: Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Green Hamilton (arrived at 1:35 PM), Hogan, and Schwob Also Present: M. A. Galbraith, Jr., City Attorney A. Motion was made by Mr. Hogan, seconded by Mr. Schwob, to approve the minutes of the January 3, 1989 meeting as written. Motion carried unanimously (6 to 0). Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. B. Conditional Uses:  1. Lots 8, 9, and 10, Blk. 8, Bay View City Sub., and south 1/2 of vacated alley to the north (3006 Gulf-to-Bay Boulevard) Than & Kim-Truc Nguyen (The Duchess)/Gregory Speron/James Staack CU 89-08 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CG (General Commercial) Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the General Commercial zoning district; the specific request is for an existing restaurant to operate with a 2-COP State license and the purpose is to change the function of the facility to a nightclub/bar; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the Traffic Engineer had no comments; and, the Police Department saw no reason to deny license to applicant. Ms. Harvey stated, since the above request is grandfathered, no variance to a separation distance will be required. Ms. Harvey advised staff recommended approval to the above request subject to the following: 1) That the new Occupational License be obtained within six months. Atty. James A. Staack, representative of applicant, stated the property has had a 2-COP license in the past. He stated the property immediately east of the subject property is presently operating as a bar. He also stated there will be no package sales of alcoholic beverages. He advised the nightclub is a permitted use and the alcoholic beverage sales is a conditional use. After questioning by Mr. Schwob, Mr. Staack stated applicant plans to have exotic dancing with minimal or no audience participation. After questioning by Mr. Hogan, Mr. Staack advised there may be some "lap dancing" but there will be nothing contrary to City or State laws, and there will be no outside speakers. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approve the above request subject to the following: 1) That the new Occupational License be obtained within six months; and, 2) That there be no outside speakers. Motion carried (6 to 1), with Mr. Hogan voting "nay." Mr. Hogan stated he voted against the request because he does not approve of exotic dancing in the area. He felt he could not support adding to problems. Ms. Nixon stated she basically agreed with Mr. Hogan but felt she had no reason on which to base an objection. 2. M&B 44.01, Sec. 10-29S-15E (525 North Betty Lane) Clearwater Country Club, Inc./Walter J. O'Meara CU 89-09 Request - 4-COP-SRX (On Premise Consumption of Alcoholic Beverages) Zoned - OS/R (Open Space/Recreational) Ms. Harvey advised as follows: This is a request for on premise consumption of alcoholic beverages in the Open Space/Recreational zoning district; the governing sections of the Land Development Code are Sections 136.024 and 136.025(b); the specific request is for a change of license designation from an 11-C State license to a new 4-COP-SRX State License; the existing golf club clubhouse is proposed to be opened to the public as a restaurant and the sale of alcohol on the golf course would be eliminated; the Traffic Engineer had no objection; and, the Police Department saw no reason to deny license to applicant. Ms. Harvey stated no variance to separation distance will be required. Ms. Harvey advised staff recommended approval of the above request subject to the following: 1) That the new alcoholic beverage license be obtained within six months. After questioning by Mr. Johnson, Ms. Harvey stated it is her understanding that no alcoholic beverages would be served on the golf course. Mr. Walter O'Meara, President of Clearwater Country Club, and Atty. R. Bruce McManus, representative of applicant, appeared on behalf of applicant. Mr. O'Meara stated the club is asking to change from a club license to a 4-COP-SRX license because the club leases the golf course from the City. He stated the request will make it easier to sell lunches, etc. to the public and he felt the change would be good for the public. After questioning by Board members, Mr. O'Meara advised as follows: There should be no problem meeting the food sales requirement of 51% of total sales as the food sales is currently about 70%; the club received a variance from the City to sell alcoholic beverages on the golf course; alcoholic beverages will not be sold on the golf course; hours will still be posted; the restaurant will not be open late during the evening; and, the club hopes there are no problems with not selling alcoholic beverages for consumption on the golf course. After questioning by Mr. Hamilton, Ms. Harvey stated it is her understanding that without the 11-C State license alcoholic beverages will not be permitted on the golf course. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hogan, seconded by Mr. Green, to approve the above request subject to the following: 1) That the new alcoholic beverage license be obtained within six months. Motion carried unanimously (7 to 0). C. Chairman's Items Mr. Johnson stated he will be attending the Florida Planning and Zoning Association Meeting on January 25, 1989. After questioning by Ms. Nixon, Ms. Harvey advised that anyone can attend the meeting but the City only budgets membership to the Florida Planning and Zoning Association for the Planning and Zoning Board Chairman. D. Director's Items Ms. Harvey advised that the Board packet for the meeting of January 31, 1989 has been distributed early to give the members more time for review of the items scheduled to be heard. Ms. Harvey advised that at the meeting of January 31, 1989, some of the elements for the Comprehensive Plan will be distributed to the Board for discussion on February 14, 1989. She stated the discussion on February 14, 1989 will be in the form of a workshop not in the form of a public hearing. After questioning by Mr. Hogan, Ms. Harvey advised that the new Planning and Zoning Board member will receive orientation before the beginning of his or her term. E. Board and Staff Comments Mr. Hogan clarified he felt there can be bad experiences with exotic dancing and he voted against the request on the Gulf-to-Bay property because he does not approve of exotic dancing in the area. Mr. Schwob stated he felt satisfied when the attorney for the applicant stated applicant would comply with the City and State regulations. After questioning by Board members and staff, Mr. Galbraith advised that "exotic" is not the right word used as "exotic" means "foreign"; the correct term should be "adult entertainment"; and, over the years, the Courts have interpreted the adult entertainment to be some sort of Constitutional First Amendment right. He stated these establishments could either be in one area of the City or spread out all over the City. Mr. Galbraith advised those establishments not selling alcoholic beverages are harder to control and it is those establishments that sell alcoholic beverages that can be controlled through the alcoholic beverages restrictions. Ms. Nixon expressed concern about the number of establishments selling alcoholic beverages, especially the number of package sales establishments. Mr. Galbraith advised the number of establishments is not limited by the restrictions the City placed on alcoholic beverages. Mr. Hogan advised that one license is permitted for every 2,500 people but SRX licenses are not limited by population. Mr. Galbraith stated there is no way to set a limit on the number of alcoholic beverages but there are some things that can be done in the Land Development Code. Mr. Hamilton felt that this Board places restrictions and conditions on approvals granted and those who want to make their businesses work will make them work. Mr. Schwob stated the Board recently approved a change in license designation for an establishment offering adult entertainment and no one appeared in opposition. He stated the establishment appears to stay out of trouble and there seem to be no problems. Ms. Nixon expressed concern regarding the number of establishments on Gulf-to-Bay Boulevard offering adult entertainment.