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08.20.92FROM THE LAND DEVELOPMENT CQORDINATOR August 13 , 1992 TOO Planning and Zoning Commission SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Co ssion, 7:00 P.M., Thursday, August 20, 1992, in the City Commission Chambers, City Hall, Sanford, Florida AGENDA 1. Hold a Public Dearing to consider a request to Rezone zone from RC-1, Restricted Commercial, to C -, General Commercial, property located at 2590 Sanford Avenue. Owner/ representative: Virgil L. Gracey TABLED: 8/6/92 2. Hold a Public Hearing to consider a request for a Conditional Use in a G C-- 2 , General Commercial Zoning District, for property located at 2544 Park Drive for alcoholic beverage consumption on premises, Class V. Owner: The Party Machine Representative: Thelma L. Mungen Any other business from floor or Commission Members. 4. Reports from Staff. 5. Approval of Minutes. A.- ADVICE TO THE PUBLIC C. If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105 . PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE PERSONNEL OFFICE ADA COORDINATOR T 330 -5626 48 HOURS IN ADVANCE OF THE MEETING. MINUTES PLANNING AND ZONING COMMISSION MEETING OF AUGUST 20, 1992 7:00 P.M. CITY COMMISSION CHAMBERS MEMHERS PRESENT: Joe Dennison Ben Dyal Helen Stairs Mike Davis J. Brooks Leon Brooks MEMBERS ABSENT: Cathryn welch Tom Speer John LeRoy OT M RS PRESENT: Jay Marder, Director of Planning and Development Marion Anderson, Recording Secretary Chairman Dennison called the meeting to order at 7:00 P.M. The first item on the Agenda was to hold a Public Hearing to consider a request to Rezone from RC -1, Restricted Commercial, to GC -2, General Commercial, property located at 2590 Sanford Avenue. Owner /representative: Virgil L. Gracey. Tabled: 8/6/92. There was no one in the audience in favor of or in opposition to the request. Mr. Marder stated that the City Commission is scheduled to consider this request on Monday. He noted that there wasn't anything of particular importance that required someone to be here for the Commission to make a recommendation. Chairman Dennison stated that he prefered to have someone here at least for representation of the request. Mr. Marder stated that the applicant had difficulty before in attending the meeting. Mr. Dyal moved to remove from the table. Seconded by Mr. J. Brooks. All in favor. Motion carried. Mr. Dyal moved to deny the request based on Staff's recommendations of the site's characteristics and vehicular movement. Seconded by Mrs. Stairs. Five in favor. Mr. Davis opposed. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use in a GC -2, General Commercial Zoning District, for property located at 2544 Park Drive for alcoholic beverage consumption on premises, Class V. owner: The Party Machine; representative: Thelma L. Mungen. Mr. Marder read into the record a letter a letter from Mr. John E. Butler, co -owner of The Party Machine, requesting that the Commission not consider the request because he was not informed of this request until all paperwork had been filed with the Engineering Department, as a law enforcement officer this type of request in in conflict with his positon as a Deputy Sheriff and also the concept of this nightclub was to establish a non - alcoholic establishment for teenagers. MINUTES PLANNING AND ZONING COMMISSION MEETING OF AUGUST 20, 1992 PAGE 2 Mr. Fred Mungen, 561 Fuller Ave., Deltona, was present for representation of the Conditional Use request. He stated that this establishment is presently a teen club, but that he would like to serge alcoholic beverages 'several nights during the week, preferably Wednesdays and Saturdays. Mr. Mungen stated they have approval from the Health Department for a restaurant. There is a kitchen but it is not fully equipped at this time. Mr. Mungen stated that this will still be a teen club. The only night teens probably will come out is on Friday nights. He stated that he needs to do other things to stay in business. He plans on designating a specific night for teens. Mr. Dyal asked Mr. Mungen if he is an owner and who is John Sutler. Mr. Mungen stated that he is a co- owner, at the present time, and that John Butler is his partner. Mr. Mungen noted that the partnership is in the process of being dissolved. Mr. Dyal asked Mr. Mungen if he is aware that Mr. Butler has asked the Commission to table the request at the present time. Mr. Mungen stated that he was informed of this. Mr. Davis asked what is Class V. Mr. Marder stated that Class. V is the sale of beer and wine for consumption on premises with no hard liquor involved. Mr. L. Brooks asked. Mr. Mungen if he understands the Class V definition. Mr. Mungen stated that he would like to sell just beer and wine. Mr. Davis asked who would set the time if this request is approved and stated that beer and wine could be served 7 days a week. Mrs. Stairs asked Mr. Mungen if he knew that he would be able to serge beer and wine at anytime if he got the license. Mr. Mungen explained that he was interested only in serving beer and wine on specific nights of the week and that it would not be consist of the entire week. Mr. Marder stated that as a point of clarification, the Commission has the ability to place conditions on a Conditional Use approval including time limitations. Mr. Dennison asked Mr. Mungen if he would you like to place time limitations on the request himself. Mr. Mungen stated that he would like to sell alcohol on Wedensday and Saturday nights, and also during the week from 5:00 p.m. to 7:00 p.m. Edward Charles, 2003 Summerlin Ave., was present and in favor of the request. He stated that there are not any nice clubs in Sanford. He noted that he has friends that have to drive to International Drive to have the priviledge of drinking. He feels that this is a good idea for The Party Machine. Johnell Jackson, 1825 Blackstone Ave., was present and in favor of the request. He tried to assure the Commission that by changing the club to an adult club that serves alcohol, there would not be any disturbances. He stated that he has done a lot of work with the Sheriff's Department to control problems in other areas and felt good about this area and that he did not foresee any problems at this location. He stated that this club would be very well managed by security. William Baskem, owner of Park Avenue Mobile Horne Park, 104 Pine Valley Ct . , Debary, stated that he admired the gentlemen for having MINUTES PLANNING AND ZONING COMMISSION MEETING OF AUGUST 20, 1992 PAGE 3 a club for teens but that there has a�ways been a problem with people who drink. Mr. Baskem stated that it is not necessary for liquor to be served on the premises. It is not a service to the community. Valerie Brown, School of Dance Arts, 600 E. 20th St., was present and in opposition. She stated that the dance school has been at the same location for 22 years. She is opposed to the sale of wine and beer. The greater majority of dancers at her school are young children. The teen club is a wonderful idea and it is a bad idea to take the teen club and turn it into what can only turn into a bar. Miriam Docktor, co -owner of the School of Dance Arts, 2560 Elm Ave., stated that she had a conversation with Mr. John Butler before he opened the teen club. She stated that Mr. Butler had made it perfectly clear, at that time, that it would remain a teen club. She is completely opposed to the idea that this location would open as a bar again. Ms. Docktor stated that she has watched at least 10 bars come and go and there has always been a problem with the police being called and having to come out. She stated that dance classes are taught after the children arle out of school from 3:00 to 10:00 and that some children sees what ;goes on at this location. Joyce Riggins, present on behalf of Mr. John Butler, stated that Mr. Butler is co -owner of The Party Machine. She stated that he is stongly opposed to this request. At the present time, the owners are going through a partnership dissolution. She stated that Mr. Butler is requesting that the Commission not consider this request until their situation is cleaned up. In his present job, as a Deputy Sheriff, the sale of beer and wine is a conflict. Ms. Riggins asked the Commission to waive their consideration of the Conditional Use until the owners have had a chance to take care of their personal matters because Mr. Butler is on the lease, and as a Deputy Sheriff, he cannot be affiliated with alcoholic beverages. Mr. Brooks stated that it may be better to table this request until the partnership is dissolved because of the conflict that it is bringing about at this particular time. Mr. Mungen stated that Mr. Butler informed him today that he would no longer be a partner after Saturday. Mr. Dennison stated that Mr. Mungen has made this request and the co -owner has submitted a letter stating that he does not want to be a party to this. Mr. Dennison stated that the Commission was told that this would be a teen club and would stay as a teen club. He stated that there are two different things going on here. Mr. Munger stated that this would remain a teen club with alcoholic beverages being sold on specific nights. Mr. Brooks asked if this item was tabled would M r. Mungen have to pay another filing fee. Mr. Marder stated that this is true. Mr. Davis asked if it is the responsibility of the Commission to decide the business dealings between the two owners. Mr. Davis stated that Mr. Mungen is a partner and that he has a right to make this request. Mr. Dennison agreed that a request was made to the Zoning Board and that the Commission has to act on the request. Mr. J. Brooks stated that it would make things much simpler and easier if Mr. Mungen could come before the Commission without any opposition from a partner. MINUTES PLANNING AND ZONING COMMISSION MEETING OF AUGUST 20, 1992 PAGE 4 Mr. Dyal asked Mr. Mungen if he wanted this handled tonight or if he would like to wait until his partnership is cleared up. Mr. Mungen stated that he wanted the Commission to handle it tonight. Mr. Davis made a motion to approve this request. Seconded by Mr. L. Brooks. Mr. Dyal asked if there are any conditions being placed on the motion. Mr. Davis stated 'ono ". Mr. L. Brooks, Mr. J. Brooks, and Mr. Davis in favor of the motion. Opposed were Mr. Dennison, Mr. Dyal, and Mrs. Stairs. Motion failed for lack of majority. Mr. Brooks stated that Mr. Mungen can appeal this but suggested that he clear up his personal life first. Mr. Johnell Jackson reiterated that the sale of wine and beer would not effect the area at all and that it would not cause disturbances. Mrs. stairs moved to approve the Minutes as circulated. Mr. Dyal seconded. All in favor. Motion carried. Mr. Dennison informed the Commission of a Citizens Advisory Workshop to be held on the 3rd of October, put on by University of Central Florida, and recommended that each Commissioner consider attending. Mr. Dennison suggested that the Commission funnel their questions through him so that he could keep a better handle on things. There being no further business, the meeting adjourned at $:50 F.M. Joe Dennison. Chairman