Commission denies permit for large-scale drinking establishment on Martin Luther King Boulevard

The Winter Haven Planning Commission voted to deny a special-use request to operate a large-scale drinking establishment at 221 Martin Luther King Boulevard NE, rejecting the applicant's request after a lengthy public-comment period and commissioner discussion.

Senior planner Heather Reutder told the commission that the petitioner, identified in the record as Samuel Aniset, sought approval to operate a large-scale drinking establishment in a 1,536-square-foot building on about 0.15 acres. She said code-compliance staff initiated an investigation after promotional materials and observations indicated the business had expanded beyond its originally permitted restaurant use and that the site currently holds only about 10 legal nonconforming on-site parking spaces while the drinking-establishment standard requires a minimum of 22 off-street spaces. Reutder also said the security plan required by section 2196 of the city's code "remains under review by the chief of police" and that the property lies within 100 feet of R3 zoning, which prohibits outdoor seating and entertainment at that location.

Neighbors filled the public portion of the hearing to oppose the change. "We're looking to see if there's any types of traffic studies ... there are extreme backups at various times of the day and evening," said Kim Rener, who lives across the street, raising concerns about traffic flow, emergency-vehicle access and spillover parking on narrow residential streets. Teresa Hatcher, another nearby resident, asked about hours and late-night loitering: "What are the hours of operation after the club is closed?" Francis Campbell described an experience he said involved gunfire near his home and warned that additional patrons and parking would make the area less safe for children and seniors.

Katrina Morales, representing owners of a nearby property, said the change would harm small-business plans next door: "My daughter ... her dream is being crushed before I can even get it started," Morales said. Emma Eli, a resident of more than 50 years, complained about loud music and repeated nighttime disturbance. The applicant's manager, Robert Burnham, told the commission the operation had a parking attendant to direct overflow to leased lots and said, "Loud music is not allowed to be played in our parking lot at all" and that the business "hasn't had any complaints, no police calls or anything since we've been there."

Commissioners pressed staff and the applicant on compliance issues, noting the security plan remained under chief-of-police review and that any off-site parking relied on leased parcels that must be improved and approved through site-plan review. Commissioners said they were uncomfortable voting to approve a business that staff described as already operating out of compliance and where required approvals and improvements were incomplete. A commissioner moved to deny the request; the motion was seconded and the commission voted by voice to deny case P-26-2-S.

The denial was recorded as the commission's final action on that agenda item. Staff reminded the room that the conditions read into the record would remain the path to compliance if the applicant seeks to reapply or to pursue site-plan and licensing steps in a manner consistent with the city's code.