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PLANNING & ZONING BOARD MEETING -- ACTION AGENDA
Tuesday, March 18. 1997
Call To Order, Invocation
Minutes Approval -- March 4, 1997 - approved as corrected
C.' Conditional Uses
C1. Joe Greco Familv Ltd. Partnership/Herbert Brown/Drew 19 ShoPDinn Center Joint
Venture (Best Buy) to permit vehicle service (electronics installation) at 21415 US 19,
See 17-29-16, M&B 22.01, zoned CC (Commercial Center.) CU 97-12
ACTION: Approved subject to the following condition: 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.
C2. B.J.E. Inc./Pelican Two. Inc. (Jammin'z) to permit nightclubs, taverns, and bars (new
license) at 470 Mandalay Ave, Clearwater Beach Park, Lots 43-48, 65-71 & part of Lot
'64, Clearwater Beach Park, 1 st Addition, Blk B, Lots 32-43 & vacated alley; and
Clearwater Beach Park, 1 st Addition Replat, Blk A, Lots 2-8 & vacated alley; zoned CR
28 (Resort Commercial) & CB (Beach Commercial.) CU 97-13
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) All site lighting shall be directed downward and away
from adjoining residential properties and street rights-of-way, to eliminate glare, prior to
issuance of the requisite occupational license; 31 The sale of alcoholic beverages shall be
limited to consumption on premises with no package sales: 4) There will be no outdoor
entertainment; 5) The applicant shall neither promote nor permit on the premises any live
entertainment, competitions, contests, or any other activities that violate the public nudity or
adult use regulation ordinances (Section 21.13, Code of Ordinances, and Section 41.601,
Code of Ordinances, respectively); in particular, the applicant shall neither promote nor permit
"wet T-shirt contests" on the premises; and 6) A trial period review shalJ be conducted nine
months from the date of this public hearing; such review shall be conducted by the
Planning and Zoning Board, or its successor, as defined in the new Land Development
Code, whether the subsequent authority is an advisory board, or City staff.
Board and Staff Comments -- Discussion
Adjournment -- 3: 15 p.m.
P & Z ACTION
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
March 18, 1997
Present:
Brenda Harris Nixon
Kemper Merriam
Robert D. Bickerstaffe
Frank Kunnen
Douglas Hilkert
Leslie Dougall-Sides
Sandy Glatthorn
Gwen Legters
Edward Mazur
Bernie Baron
Vice Chair
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Planning Manager
Board Reporter
Chair
Board Member
Absent:
The meeting was called to order at 2:03 p.m. In Harborview Center meeting room #5,
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 ~~ March 4, 1997
(:>
Member Hilkert requested correction of the following typographical errors: 1) page
one, second paragraph, changing December 17, 1997 to December 17, 1996; 2) page two,
fourth paragraph, correcting spelling of the word "improve." With no additional corrections
or amendments, the minutes were approved as amended.
C. Conditional Uses
Conditional use applicants were advised an affirmative vote of four of the five members
present was required for approval, and the applicants could consider whether they wished to
request a continuance. The applicants chose to proceed.
C1. Joe Greco Familv Ltd. Partnership/Herbert Brown/Drew 19 Shoop;nq Center Joint
Venture (Best Buy) to permit vehicle service (electronics installation) at 21415 US 19,
See 17-29-16, M&B 22.01, zoned CC (Commercial Center.) CU 97-12
Ms. Glatthorn presented background information and written staff recommendations,
stating the applicant wishes to conduct a car stereo and security systems installation service
within the proposed "Best Buy" retail store. Staff felt conditions support the request and
recommended approval with one standard condition.
Tim Palmquist, development manager for the retailer, stated the technicians will install
nothing but stereos and security systems, within an enclosed auto service bay. The space
will be fully heated and air conditioned, and doors will remain closed during security system
and stereo testing in case the neighbors express any noise concerns. He provided copies of
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the store plan and facility map. In response to questions, he stated the service bays are
located on the north side of the site, away from the residential area to the south. The grand
opening is scheduled for July, 1997.
In response to a question, Ms. Glatthorn stated site lighting will be improved by the
owners as part of the overall project. The majority of the board members did not feel a site
lighting condition was necessary.
Member Bickerstaffe moved to approve Item C1, CU 97-12 as submitted, subject to the
following condition: 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..
The motion was duly seconded and carried unanimously.
C2. B.J.E. Inc./Pelican Two. Inc. (Jammin'z) to permit nightclubs, taverns, and bars (new
license) at 470 Mandalay Ave, Clearwater Beach Park, Lots 43-48, 65-71 & part of Lot
64, Clearwater Beach Park, 1 st Addition, Blk 8, Lots 32-43 & vacated alley; and
Clearwater Beach Park, 1 st Addition Replat, Blk A, Lots 2-8 & vacated alley; zoned CR
28 (Resort Commercial) & CB (Beach Commercia!.) CU 97-13
Ms. Glatthorn presented background information and written staff recommendations
regarding the history of ownership, operations and conditional use requests at this location.
On August 20, 1 996, the Planning and Zoning Board denied a request for alcoholic beverage
sales/change of business ownership (CU 96-29); the decision was appealed, and overturned
by the City Commission. That business owner was unable to meet two of the City
Commission's conditions of approval, the business closed, and the conditional use was
revoked by order of the City Commission. As a result, the current applicant has been issued
an occupational license to operate only a restaurant at this location, until approval is obtained
for a nightclub/tavern/bar. Ms. Glatthorn read from the staff report detailing the newly
obtained liquor license, proposed entertainment, hours of operation and code enforcement
considerations. Staff felt conditions support the request and recommended approval with five
conditions.
Tim Johnson, attorney representing the applicant, highlighted the permitting history and
historical use of the subject property as a nightclub since 1992. The previous business owner.
Angelo Rossi, had controlled the business for several months before the Planning and Zoning
Board denied his 1996 change of business ownership request. The Board had expressed
concerns regarding the lengthy history of police reports and manner of conducting the business in
this family~oriented neighborhood. Mr. Johnson read from the August 20 minutes regarding police
reports related to the public exposure issue. He referred to written documentation indicating the
City has recognized this business as a nightclub since at least 1994. He explained Mr. Rossi
failed to meet the City Commission's conditions when he terminated his purchase agreement and
left the business in late October, 1996. The current owner and applicant are the same as before
Mr. Rossi assumed control of the operation. The applicants have no current business relationship
with, and will not. in the future, employ the disc jockey who allegedly incited patrons to expose
themselves in a manner that violated the City's public nudity or adult use ordinances. It was not
known why no police reports appear in the record from June to October, 1996.
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In summary, Mr. Johnson stressed this location has been, and will continue to be operated
as a nightclub. He agreed with the first four conditions recommended by staff. He submitted a
written request for amendment of condition #5 changing language referring to violations of the
City's publlc nudity or adult use ordinances, and deleting the prohibition of bikini contests. A
question was raised regarding Mr. Johnson's stress of the term, "nightclub," Ms. Dougall~Sides
was requested to research the code definition.
General discussion ensued regarding history and operation of the establishment, related to
the large number of police reports. Mr. Johnson stated Jammin'z is a geographic location
frequently used as a landmark on the north end of Clearwater beach. It was indicated many
disturbance reports refer to Jammin'z as the location, when the disturbance is not related to
Jammin'z business. Another factor that increases the number of police reports for this site Is the
practice of every police officer who attends an event to file a separate report. For example, the
incident report copied to the board showed 91 fights had occurred. In reality, 14 fights had
occurred in the vicinity and had been reported by a total of 91 officers. It was not known how
many incidents involved Jammin'z patrons.
Nicki Psaltis, representing the owners, clarified how the police incident report relates to the
business. She said she does not hesitate to report hit and run accidents, trespassers, and
assaults. She said the pollce have confirmed they use Jammin'z as a central location. She
researched police reports to verify 14 fights had occurred, noting that is an average of three to
four fights each year the business has been in operation. Ms. Psaltis responded to questions,
stating she did not know how the credit card fraud reports relate to the business, but she
frequently collects expired credit cards from patrons who attempt to use them. Ms. Psaltis was
commended for this practice. She noted the club does not sell canned beer, but a report of public
drinking was filed when someone was caught drinking a can of beer outside the club. She said
alcoholic beverages are not sold to anyone under 18, and the club has never had one underaged
drinker since it opened. All employees attend responsible vendor classes twice a year. She said
93.3 is the only radio station used for advertising the club, because it is the only station with a
target audience under 35 years old. She responded to questions regarding an al1-you-can-drink
promotion. She said the club operation draws 4,000 to 5,000 customers a week during Spring
breaks, yet always receives compliments from the ATF (Alcohol Tobacco and Firearms)
inspectors.
In response to a question, Mr. Johnson affirmed two incidents of wet T-shirt contests
occurred during the time the current applicant operated the business before Mr. Rossi took over,
but the applicant has agreed not to conduct such contests in the future.
Ms. Dougall-Sides read the code definition of nightclubs, taverns and bars, and compared it
to the definition of restaurants. General discussion ensued regarding occupational licensing.
No verbal or written support or opposition was expressed.
Board discussion ensued regarding: 1) the colorful history of the subject location; 2) the new
information on filing and interpretation of the police incident reports; 3) whether or not to impose a
trial period review; 4) lack of testimony from anyone In opposition to the request; 5) strong
concerns regarding the questionable adult activities in the past; 6) the disc jockey's role in inciting
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those activities; 7) the current owners' role in allowing those activities; 8) types of entertainment
proposed; 9) what constitutes a IIfamily-oriented" business climate; and 10) the role of bikini
contests as a regular part of beach activities and the appropriateness of deleting the prohibition of
bikini contests.
Member Kunnen moved to approve Item C2, CU 97-13, 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) All site lighting shall be directed downward and away from adjoining residential properties
and street rights-of-way, to eliminate glare, prior to issuance of the requisite occupational
license; 3) The sale of alcoholic beverages shall be limited to consumption on premises with
no package sales; 4) There will be no outdoor entertainment; 5) The applicant shall neither
promote nor permit on the premises any live entertainment, competitions, contests, or any
other activities that violate the public nudity or adult use regulation ordinances (Section
21.13, Code of Ordinances, and Section 41.601, Code of Ordinances, respectively); in
particular, the applicant shall neither promote nor permit "wet T-shirt contests" on the
premises; and 6) A trial period review shall be conducted nine months from the date of this
public hearing. The motion was duly seconded.
Member Hilkert requested amendment of condition #6 to add language providing for
the possibility that the current Planning and Zoning Board may be disbanded within nine
months, due to the proposed land Development Code revisions regarding advisory board
structure. Member Kunnen and the seconder approved condition #6 as amended to read:
A trial period review shall be conducted nine months from the date of this public hearing,i
such review shall be conducted bv the Plannina and Zonina Board. or its successor. as
defined in the new Land Develooment Code, whether the subseQuent authoritv is an
advisory board. or Citv staff.
Upon the vote being taken, the motion carried unanimously.
Board and Staff Comments
Ms. Glatthorn reported M&M Motorsports has vacated the property at 2241-A Nursery
Road, so the trial period review will not come forward.
Member Hilkert questioned if City officials and advisory board members who served in
1 996 are required to file financial disclosure statements. Ms. Dougall-Sides responded they
are. The State disclosure forms arB generally sent out by the Pinellas County Clerk of the
Circuit Court.
Member Nixon raised a question about a land Development Code focus group meeting
scheduled for this Friday. She requested a copy of the materials to review in advance.
Ms. Glatthorn responded the materials are still under review by the Legal Department and
may not be available prior to the focus group meeting. Ms. Dougall-Sides verified the Legal
Department has raised concerns about code language and sections missing from the final
version. While she hoped legal Department review will not take more than a week, she
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The meeting adjourned at 3:15 p.m.
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noted Mr. Shuford may reschedule Friday's focus group meeting. Member Nixon reiterated
her request for a copy of the revision, stated she would like at least a week to review it
before the focus group meeting. Ms. Glatthorn will inform Mr. Shuford. In response to
questions, Ms. Glatthorn stated the Planning and Zoning Board will have a separate
opportunity to review the proposed revision.
Member Nixon expressed concern regarding cases where tho zoning code and
occupational license code are not compatible. She questioned whether it is possible to
review and amend the codes for compatibility. Ms. Glatthorn noted the suggestion and will
pass it along to Mr. Shuford.
Member Nixon questioned whether it is possible to change the Police Department's
incident reporting form to reference whether the report relates to the business, or the
location. Ms. Dougall-Sides said she has been informed the reports are indexed by address,
not whether they relate to the business. She will inquire again whether it is technically
possible to change the indexing system. General discussion ensued regarding the Police
Department's computerized system of filing reports. Board members had been surprised to
learn that every officer who attends an event files a separate report.
. Adjournment
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