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02/14/1989 (2) , .. , . , ' " . t: ' /.f';', . P&Z ,.' ,.--. ..~..~--............;......_:..-- PLANNING & ZONING BOARD DATE a... )}4/ U, I -I 1JL~ tJ3,R9 '.......-...........-.......... '.l '. ~ i:": ~ *1 m I.'..... ~:?~J "'~~ ,... ., .):0., . .~'U i:~ ~ " . '.(~, '. AGEN'DA PLANNING & ZONING BOARD MEETING TUESDAY, FEBRUARY 14, 1989 - 1:30 PM ("-';' ~ PLEDGE OF ALLEGIANCE INVOCAT ION ITEM: ACTION A. Approval of minutes of January 31, 1989 CONDITIONAL USES: ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below: 1 . 2 . 3 . 4 . 5 . 6 . 7 . B . (" 9 . \'., 10 . 11. The Chairman reads from the Public Hearing Notice each item as it is prese nt ed. The Planning Director advises the Board oE any pertinent background inf ornla tio n. The applicant or his representati.ve presents his case. Persons who support the application speak. The Planning Director presents any supporting written documents. Persons who oppose the application speak. 'fhe Planning Director. presents any opposing written documents. Persons supporting the application (other than applicant) may speak in rebuttal. Persons opposing may speak in rebuttal. The applicant has an opportunity for Einal rebuttal. The Board makes a decision. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APP~ALING A DECISION OF THIS BOARD HUST HAVE: A RECORD OF THE PROCEEDINGS TO SUPPOR'r SUCH APPEAL. B. Conditional Uses: 1. (REQUEST FOR EXTENSION) Lots 4 through 11, Columbia Sub. ~S (4/.5 Hamde n Drive) Sea Stone, Ltd. CU 88-15 c. Request - Marina (Construction of Additi.onal Pier) Zoned - CR-28 (Resort Commercial "Twenty-Eigh t") AND AL/C (Aquatic LandH ICoas tal) P & Z Agenda 02/14/89 f ,1, ,~. '.' '.i.. j....:. r-.' ~ /" t. ' ,",,' ~~/ 2 . Portion of Tract A, Marymont Replat (1900 Grand Avenue) City of Clearwater/Carter Cll 89-13 Request - Vehicle Service Zoned - IL (Li.mited lndustrial) AND p/Sp (Public/Semi-Public) 3. Lot 7, Blk. B, Barbour Morrow Sub., (416 E. Shore Drive) TJ Clearwater Corp. (Frenchy's Saltwater Cafe, Inc.)/James Dowling Cll 89-14 Request - 2-COP (On Premise Consumption of Alcoholic Beverages) Zoned - CB (Beach Commercial) ~EXATION, ZONING, LAND USE PLAN AMENDMENTS, LAND DEVELOPMENT CODE TEXT AMENDMENTS AND LOCAL PLANNING AGENCY REVIEW: (1) Statement of case by applicant - 5 minutes (2) Presentation by staff - 5 minutes (3) Comments from public in support/opposition: individual - 3 minutes spokesperson for group - 10 minutes (4) Public Hearings are closed (5) Discussion/Action by Board C. Land Development Code Test Amendments and Local Planning Agency Review 1. Chapter 136, Section 136.022, (PROPOSED ORDINANCE NO. 4727-88) To require that all handicapped parking spaces shall be conspicuously outlined in blue paint. (LOCA 88-08) 2. Chapter 135, Section 135.092, and Chapter 136, Section 136.025, (PROPOSED ORDINANCE NO. 4777-89) To allow child day care as a conditional use in the General Office (OG) zoning district. (LOCA 88-09) P & Z Agenda 2 02/14/89 '\.;'- 'C'";''' . ' -'" 6. Chapter 135, Sections 135.112(b) and 135.ll8(b), (PROPOSED ORDINANCE NO. 4739-88) 3. Chapter 133, Sections 133.004, 133.009, 133.010, 133.015, 133.025, 133.033, creating Sectlon 133.0095, Chapter 136, Section 136.022, and Chapter 137, Sectlon 137.010, (PROPOSED ORDIN~CE NO. 4749-88) r', " '\ To clarify subdivision regulations and requirements ror site plans. (LDCA 88-10). 4. Chapter 135, Section 135.091, (PROPOSED ORDIN~CE NO. 4750-88) To allow "Business Service" as a permitted use .,.;i th in the General Office (OG) zoning district. (LDCA 88-11). 5 . Ch apt e r 13 7, S e c t i on 1 3 7 . 0 1 0 ( g ) ( 4 ) , (PROPOSED ORDINANCE NO. 4776-89) To provide for payment in lieu of the installation of stormwater detention facilities in certain cases relating to site plans. (LDCA 88-12). To allow package sales of alcoholic beverages within certain retail food stores subject to certain conditions relating to the Resort Commercial "Twenty-Four" and Res or t Comme rc ial "Twenty-Eight" zoning districts. (LDCA 89-02) . D. Chairman's Items E. Director's Items F. Board and Staff Comments G. WORKSHOP: Comprehensive Plan - Goals, Objectives and Policies and Needs Summary Future Land Use Element and Conservation Element. c' P & Z Agenda 3 02/14/89 Request - Zoned - Marina (Construction of Additional Pier) CR-28 (Resort Commercial "1\venty-Eight") AND AIlC (Aquatic Lands/Coastal) MINUTES PLANNING & ZONING BOARD TUESDAY, FEBRUARY 14, 1989 - 1:30 PM Members Presen.t: Chairman Johnson, Ms. Nixon, Messrs, Green, Hamilton, Hogan, and Schwob (""1\"00, Members Absent: Mr. Ferrell A, Moti()n was made by Mr. Hogan, seconded by Mr. Hamilton, to continue approval of the minutes of the January 31, 1989 meeting to the February 28, 1989 meeting, Motion carried unanimously (6 to 0). Chairman Johnson outlined the pr()cedures for conditional uses an.d advised that anyon.e 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 USTED IN AGENDA ORDER THOUGH :NOT NECESSARILY DISCUSSED IN THAT ORDER. B. Conditional Uses: 1, (REQUEST FOR EXTENSION) Lots 4 through 11, Columbia Sub. #5 (445 Harnden Drive) Sea Stone, Ltd. CD 88-15 Ms. Harvey advised as follows: This is a request for extension of a previously approved conditional use; the above request was approved on February 16, 1988 with conditions, among which was a condition that the building (", permit be obtained within 6 months; and, applicant requested an extension on August 16, 1989 for an additional ~';" six months because he has been working with D.E.R. in order to obtain necessary permits. Ms. Harvey stated applicant is still working with D.E.R, to obtain the necessary permits and has obtained a letter of Intent to Issue a permit from D.E.R. Ms. Harvey advised staff recommend approval of the request for extension for applicant to obtain its Building permit. Atty. David CarJron, representative of applicant, stated applicant is still working with D.E.R. to get the necessary permits to complete the project. After questioning by Board members, Mr. Carlton advised that if there are no objections, D.E.R. permits should be issued within 6 mon.ths but if there are objections, a one.year extension. would be better. No persons appeared in support of or in opposition to the above request. Motion was made by Ms. Nixon, seconded by Mr. Schwob, to approve a request for extension for a period of one year, Motion carried unanimously (6 to 0). 2. Portion of Tract A, Marymont Replat (1900 Grand Avenue) City of Clearwater/Carter CD 89-13 Request - Zoned - Vehicle Service 1L (Limited Industrial) AND P/SP (Public/Semi.Public) f "- Ms. Harvey advised as follows: This is a City. initiated request for vebicle service in the Limited Industrial and Public/Semi-Public zoning district; the governing sections of the Land Development Code are Sections 136.025(b) and (c)27i the Traffic Engineer had no comment; and, the property ~ be used for the City's fleet maintenance expanded facility. Ms. Harvey stated the City must go through the same process for conditional use approval as that any other citizen making a request. She also stated that, if the Board approves the above request, the Board should be specific which services are allowed. Ms. Harvey advised that staff recommended approval of the above request. P & Z MINUTES 1 02114/89 " ,,' ~ .;".,"", . ""'-' (". Request - Zoned - 2~COP (On Premise Consumption of Alcoholic Beverages) CB (Beach Commercial) Mr. Floyd Carter, Director of General Services, representative for the City of Clearwater, appeared to answer questions the Board may have. After questioning by Mr, Schwob, Mr. Carter confirmed that all major repairs, including engine or transmi"8ion dismantling, painting, body, fender, muffler, top and upholstery work will be done at the subject location. ...~Y. ( " 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 and approval of vehicle service shall include all major repairs, including engine or transmission dismantling, painting, body, fender, muffler, top and upholstery work will be done at the subject location. Motion carried unanimously (6 to 0). 3. Lot 7, Blk, B, Barbour Morrow Sub., (416 E. Shore Drive) TJ Clearwater Corp, (Frenchy's Saltwater Cafe, Inc.)/James Dowling CD 89-14 Ms. Harvey advised as follows: This is a request for on-premise consumption of alcoholic beverages in the Beach Commercial zoning district; the specific request is for a change of business ownership of a 2-COP State license; 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 no variance to the separation distance is 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 6 months, Atty. James Dowling, representative of applicant, stated the subject operation will be similar to the applicant's other restaurant on Baymont Street. After questioning by Ms. Nixo~ Mr. Dowling advised applicant still owns the Frenchy's restaurant on Baymont Street, this restaurant will be called Frenchy's Saltwater Cafe, and the expansion at the Baymont Street location is ongoing, No persons appeared in support of or in opposition to the above request. J': r \:..,. , Motion was made by Mr, Schwob, seoonded by Ms. Nixon, to approve the above request subject to the following: 1) That the new alcoholic beverage license be obtained within 6 months. Motion carried unanimously (6 to 0), C. Land Development Code Text Amendments and Local Planniop,: A2encv Review 1. Chapter 136, Section 136.022, (PROPOSED ORDINANCE NO. 4727-88) To require that all handicapped parking spaces shall be conspicuously outlined in blue paint. (LDCA 88-08) Ms. Harvey advised as follows: This is a City-initiated request for amendment to the Land Development Code; and, the amendment affects parking requirements within the City of Clearwater and was prompted by State law requiring all handicapped parking spaces to be conspicuously outlined in blue paint. Ms. Nixon expressed concern about wording of the proposed ordinance in that it appears governmental agencies are excluded from the requirement. She felt it should be recommended to the City Commission that governmental agencies should also be required to mark their handicapped spaces in blue paint. Ms. Harvey advised the City cannot changing wording in a State law but 'WHEREAS" clauses of an ordinance are not part of the Land Development Code Text Amendment. No persons appeared in support of or in opposition to the above proposed ordinance, Motion was made by Mr, Hamilton, seconded by Mr. Schwob, to recommend approval of .Proposed Ordinance No. 4727-88 as written. Motion carried unanimously (6 to 0). P & Z MINUTES 2 02/14/89 .~ . '.'} ',,1';-;';~~iJ,'}\r, :'y;..t'i.rr~' \~1~'(M.l;,~~?,.i~::"I/.~.\ik~1";; 'j:) , " " 2. Chapter 135, Section 135,092, and Chapter 136, Section 136.025, (pROPOSED ORDINANCE NO. 4m-89) ('" To allow child day care as a conditional use in the General Office (OG) zoning district. (LDCA 88-09) Ms. Harvey advised as follows: This is a City-initiated request for amendment to the Land Development Code to allow child day care in the General Office zoning district; this amendment was not thought to be a permitted use mainly as a result of the experiences this Board has had in looking at child day care; the amendment was prompted by a request from the owner of Arbor Shoreline Office development to operate a facility which would serve more than employees of the office development, and since such a use would be more than an accessory use to the development an amendment to the Code is necessaryj there is the possibility of creating additional traffic to such uses; and, those persons who would be affected by the proposed amendment were notified of the public hearing. In support of Proposed Ordinance No. 4777-89~ the following person appeared to give his comments: Mr. Gary WmsteL Ma.nw!er of Arbor Shoreline Office Parle. stated the request was made to the City after a survey "Was taken of the tenants, which survey indicated the tenants were in support of the proposed amendment to the Land Development Code. Motion was made by Mr. Schwob, seconded by Mr. Green, to recommend approval of Proposed Ordinance No. 4777-89. Motion carried unanimously (6 to 0). 3. Chapter 133, Sections 133.004, 133.009, 133.010, 133.015, 133.025, 133,033, creating Section 133.0095, Chapter 136, Section 136.022, and Chapter 137, Section 137,010, (pROPOSED ORDINANCE NO. 4749-88) (, , " -.;." To clarify subdivision regulations and requirements for site plans, (LDCA 88-10). Ms. Harvey advised this is a City-initiated request for an amendment to the Land Development Code to clarify subdivision regulations and requirements for site plan review. She stated major items addressed in the proposed ordinance are: Financial guarantees for subdivision improvementsj services included on the site plan must now include street services; and, dumpster locations be included on preliminary site plans; and, changing plat recording respoIlSibilities from Code Adn1illistrator to the City Engineer. Ms. Harvey stated the Development Review Committee and the Public Works Director are strongly in favor of the proposed ordinance. I\.fr. Hogan felt that prohibition of burning should be included in the proposed changes, After questioning by Mr. Hogan, Ms, Harvey stated it may not be in the best interest of the City to prohibit burning but anyone who does burn within the City is required to obtain a permit. She added that this ordinance deals more with subdivision regulations and prohibition of burning would actually be controlled under another section of the Code, No persons appeared in support of or in opposition to the above proposed ordinance. Motion was made by Mr. Schwab, seconded by Ms. Nixon, to recommend approval of Proposed Ordinance No. 4749-88. Motion carried unanimously (6 to 0). 4. Chapter 135, Section 135.091, (PROPOSED ORDINANCE NO. 4750-88) To allow ItBusiness Service" as a permitted use within the General Office (OG) zoning district. (LDCA 88.11). Ms. Harvey advised as follows: This is a City-initiated request for amendment to the Land Development Code to allow "Business Service" as a permitted use within the General Office zoning district; and, the request was prompted by a request from the owner of Arbor Shoreline Office development to allow the operation of a broadcast facility in fue office development. ~. Harvey stated that uses other than broadcast facilities are identified as Business Service and other uses would also be permitted, among which would be plumbing and electrical contractors, lawn maintenance service, and like uses. After questioning by Mr. Schwob, Ms. Harvey stated the addition of B\lSiness Service to General Office zoning i district was not considered as a conditional use because those uses were not considered detrimental. She also \__ stated the Board should consider that General Office zoning district is only located along U.S. Hwy. 19. In support of Proposed Ordinance No. 4750.88, the following person appeared to give his comments: P & Z MINUTES 3 02/14/&9 ,I .'i. ,.>~ 1;';'~,;v:~~Us;,(, ~ ~l~;~'i l!;~ ~i~;;~#',~ f~;'.~:ii3'\\~t; t ;";.:,' .:..;:~; d~ t'" I ~,.... To provide for payment in lieu of the installation of stormwater detention facilities in certain cases relating to site plans. (LDCA 88-12). Ms. Harvey advised as follows: This is a City-initiated request for amendment to the Land Development Code to provide for payment in lieu of the installation of stormwater detention facilities in certain cases; and, the amendment will allow the City Engineer to exercise judgement of practicality and effectiveness in determining when it is appropriate to accept payment in lieu of providing on-site detention, Ms. Harvey stated a good example of the proposed amendment is the area of downtown Clearwater that uses centralized drainage. No persons appeared in support of or in opposition to the proposed ordinance. Motion was made by Mr, Schwob, seconded by Mr. Hamilton, to recommend approval of Proposed Ordinance No. 4776-89_ Motion carried unanimously (6 to 0). 6. Chapter 135, Sections 135.112(b) and 135.118(b), (pROPOSED ORDINANCE NO. 4139-88) ('~' Atty. Timathy A. JaJmson. renresentativc of WNLTIWHBO radio station. stated the radio station is about 85% office space and 15% studio and the tower for the station is now located and will remain located on Gandy Eoulevard. He added that the subject amendment would involve property only on u.s. Hwy. 19 and a landlord will be able to choose his tenants, After questioning by Mr. Hogan, Atty. Johnson stated there will be no high- transmission tower at the office development. Ms. Nixon stated her only concern is the broad definition of "Business Service," Me, Schwab stated he would have no objection to the proposed amendment if "Business Service" was included as a conditional use in the General Office zoning district. Ms. Harvey explained the front and side setback requirements for the General Office zoning district. Mr. Hamilton felt staff has given a lot of thougltt to whether the uses should be conditional uses or permitted uses and he has no problem with Business Service being a permitted use. Mr, Green expressed some concern about some of the uses listed as Business Service but felt a landlord would appropriately choose tenants. Motion was made by Mr, Hamilton, seconded by Ms. Nixon, to recommend approval of Proposed Ordinance No. 4750-88. l'vIotion carried (5 to 1) with Mr. Schwob voting ftnay." 5. Chapter 137, Section 137.010(g)(4), (pROPOSED ORDINANCE NO. 4716-89) (~/ To allow package sales of alcoholic beverages within certain retail food stores subject to certain conditions relating to the Resort Commercial "Twenty-Four" and Resort Commercial "Twenty-Eight" zoning districts. (LDCA 89-02). Ms. Harvey advised as follows: This is a City-initiated request for amendment to the Land Development Code to allow package sales of alcoholic beverages within certain retail food stores subject to certain conditions relating to the Resort Commercial "Twenty-Four" and Resort Commercial"1'wenty-Eight" zoning districts; the code currently provides for consideration of package sales of alcoholic beverages in the Resort Commercial "Twenty- Four" and Resort Commercial "Twenty-Eight" zoning districts within a hotel in conjunction with a 4-COP-S license and on-premise consumption is limited to a hotel or motel with a 4-COP-S license or a restaurant deriving 51% or more of gross revenue from the sale of food and nonalcoholic beverages; and, the proposed amendment was prompted after a request for conditional use before this Board and a request for variance to the separation distance before the City Commission could not be heard because the requests were not permitted under the current code. Ms. Harvey stated that requiring a limit on percentage of alcoholic beverage will need to be monitored by staff, She also stated that City staff would need to be increased and the State currently has difficulty m its task of monitoring food sales/alcoholic beverage sales for SRX licenses, Ms. Harvey advised that the proposed limitation on hours of operation for such establishments has met with opposition. Ms, Harvey stated the Police Department advised it has concerns regarding the proposed ordinance. Ms. Harvey advised staff recommended denial of the proposed ordinance. In support of Proposed Ordinance No. 4739-88, the following person appeared to give her comments: P & Z MINUTES 4 02/14/89 . . .;' .\ ,~ \'), ~ '..' .' ':' .... 'd~~~1!~~.~~..V~1i..(~..l''$;'''.;:~;)~l;~ d,.,> ~~~~":~~lIJi.u~~'~~;~" Ms. Jean Ovmer. 401 Coromado Drive. stated she supports the proposed amendment because the request she made previously, ",hich could not be heard, was requested to provide a service. She stated the area she lives in caters to more mature tourists. She stated her operation does not include gas pumps. In opposition to Proposed Ordinance No. 4739-88, the following persons appeared to give their comments: Ms. Ann Ganis. 38 Acacia Street stated she is personally opposed to the proposed change and the Cleanvater Beach Association is opposed to the proposed ordinance. She stated staff, citizens, the Planning and Zoning Board, and the City Commission worked for one year to find a reasonable compromise for an alcoholic beverage ordinance and she felt the ordinance should be given a chance to work. She also stated there are currently 53 places on the beach where alcoholic beverages can be purchased. She further stated the beach is trying to have a family-oriented, tourist industry. She advised she has no objection to having drinks with dinner, Mr. Herbert Leonhardt. 7O(i Bavwav Boulevard.. of the South Clearwater Beacl1 Home Owners' Association, stated he is opposed to additional alcoholic beverage sales. Mr. Leonhardt passed out copies of a portion of a letter from Captain Mateo of the Division of Alcoholic Beverages and Tobacco which lists the seven steps necessary to be followed when attempting to close an alcoholic beverage establishment (see attached). U. Frank Palumoo. appeared on behalf of the Clearwater Police Department to oppose the proposed ordinance. He stated there is a problem with package sales in convenience stores and enforcement is a tremendous problem. Mr. Hogan felt there were enough alcoholic beverage establishments at the present time, Mr. Hamilton stated there may be 53 establishment on the beach but they are not all the same kind. He further stated that he is opposed to the conversion of hotels/motels to convenience stores and felt such changes were not advantageous tD the beach, Motion was made by Mr. Hamilton, seconded by Mr. Schwob, to recommend denial of Proposed Ordinance No. 4739-88. Motion carried unanimously (6 to 0). F. Board and Staff Comments If""" ~\\ :.t. r .'if':,. :, ~'" Ms. Nixon expressed concern about Proposed Ordinance No, 4727-88, regarding handicapped parking spaces being outlined in blue paint. She requested staff to advise the City Commission of her concerns that government agencies would be excluded from the requirement of outlining parking spaces in blue paint, Mr. Hamilton felt that possibly a letter should be directed to the State Legislature. Motion was made by Mr, Hogan, seconded by Mr. Schwob, to reconunend to the City Commission that it consider prohibiting on-site burning of debris at construction sites. Motion carried (5 to 1), with Mr. Green voting "nay." Mr. Hogan commented that, over the past weekend, he saw a trailer parked with. a sign board attached across from the City Hall Annex. Ms. Harvey advised she too saw the trailer. She added the problem with enforcing such violations on weekends is that there is no staff assigned to work weekends. Planning and Zoning Board Meeting adjourned at 3:20 PM, G. WORI<SHOP: Comprehensive Plan - Goals, Objectives and Policies and Needs Summary for Future Land Use Element and Conservation Element. Ms. Harvey introduced the Long Range Planning staff and explained how the Comprehensive Plan was developed. She recommended that two public hearings be held on the plan and it might be a good idea to set up special hearing dates due to length of time to hear citizen' comments. FUTURE LAND USE ELEMENT ( ,,"-, Ms. Chris Papandreas presented a summary of the Future Land Use Element and explained the Needs Summary and Goals, Objectives and Policies. She also explained the special designations, such. as the Special Transportation Areas and Regional Activity Centers, the City hopes to use in the Future Land Use Element. She stated that Regional Activity Centers are proposed for downtown Clearwater and the Park Place/Clearwater Mall area, She stated the Special Transportation Areas are addressed in the Transportation Element to be discussed at a later date. Ms. Papandreas explained how levels of services must be determined for developments and redevelopments. P & Z MINUTES 5 02/14/89 ',. t; < CONSERVATION ELEMENT Mr. Louis Hilton presented a summary of the Conservation Element and explained the Needs Summary and Goals, Objectives and Policies. He gave a brief history of the task force input for development the Conservation Element. He pointed out the areas incorporated into the City of Clearwater that have no development rights, among which are beaches, shorelines, natural and man-made retention/detention ponds, and all wetlands. After questioning by Mr. Hamilton, Mr. Hilton clarified that, if a property owner owns wetlands, the wetlands cannot be developed and ownership has no bearing whether or not the property has development rights, Mr. Hamilton expressed concern about the possibility of such a policy causing problems. Mr. Hilton stated there are provisions in the Land Development Code to allow transfer of density which may alleviate some concerns regarding development rights. Discussion followed regarding the possibility of tree planting programs and the development of a policy to require new nonresidential developments planting native shade trees based on an established ratio and would provide more oxygen to ambient air, provide aesthetic beauty, and reduce heat, r\ \ Mr. Johnson suggested the discussion on the Conservation Element be continued and discussed February 28, 1989, Workshop adjourned at 4:45 PM. Paula arvey Acting Director Planning and Development ('-" .", :", , .. l" P & Z MINUTES 6 02/14/89 . :.; . ~.:.<" , ":,.t-I '-." . ," "," ,".' ',' C 'rl"..,. ' . 'I~ '.,. 1\00>,:" ". . _ _ ,; r", !l;:' !":-:,,~1 a letter of re}>ly received 6-13-66 from CnpL:d.l\ Mato of the Division of ^lcoholic Bevera~eG one) Tobacco. Altnchou are excerpts from his reply. Tho seven (7) Gleps of due proqcGs: '" , '\ {'.--,. / ..-.............., . ..9'0____-- .-.'.' .-"'-~'. . I "'", I '! ! - 1 wi8h to remind you l:;hat bot:h the Federal and State Constitution.. require tlue process of law'before (Cont'd.) PAGE -2- Aug8ut 13, 1986 " ,(>' ' \,.... imposing any eanctiona agnlnAt ony cItizen or legal ellt,Jty. 'J'hlR due process of law 18 further stated under the AdminlRtrutlve IJrocedure Act, Florida Sta tute 120. This Act gURrantees certain Atepa of c.lue process to nIl liccllRe holders in the Stote of Florida. The process 1s n!l Collowa; 1-1sFHlnnce of a Notice of Intent to fIle chargeR 2-lsBuennce of Notice to Show CnuRe why the license should not be fined. suspended"or revoked 3-lnformnl Conference-where charges and due procea" oC law are " explained to the licensee , 4-Right to submit Stipulation of settlement 5-Formn 1 llenr Ing before a Iteln ing Of fleer 6-Al'penlB-right to District Court of AppeRls 7-Appen1a rights to the State Supreme Court when there is a Con8titutional Issue AN you can see the elected olflcinlfJ of our Stnte J,P.glRlAttJre..hnve granted these rights to the cItizens of Florida. It is our ngencieA reRllonsibl11ty to not only investigate and prosecute o[fenderR of the beverage laws, but also to protect the enumerated rights of each. . . P $,-) lIe tried to explain why he feI tit tokos two I~ and another two years to get to ntep 7 and wo bought Coconuts for U835.000. We d0 hope tne c1tizens of Clearwater road the due 120 and think. twice about issuing Li'quor License. years to get tu~vtop that's probably why process of :.JtaLuc . , '" ,( " ...