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05/14/1997CITY COMMISSION SPECIAL MEETING CITY OF CLEARWATER May 14, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Sandy Glatthorn Central Permitting Manager Steve Doherty Central Permitting Supervisor Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 7:00 p.m. at City Hall. ITEM #1 - Appeal of Planning & Zoning Board Decision Case No. CU-97-16 Equator, Inc.\Tiffany Wilder Butler/BTLS Entertainment, Inc. (Planet Bubba) Change of Business Ownership at 2516 Gulf-to-Bay Boulevard On August 29, 1995, the Planning & Zoning Board approved for this site at 2516 Gulf-to-Bay Boulevard, a conditional use for a nightclub, tavern, or bar called Jam’z N Java. City records indicate the Occupational License for the property expired September 30, 1995. On April 1, 1997, the Planning & Zoning Board denied the request for a conditional use approval for a nightclub, tavern, and bar with dancing and pre-recorded music for Equator, Inc./Planet Bubba. Central Permitting Director Scott Shuford indicated the site traditionally has had a nightclub use. Many nightclubs operated on the subject property during the last decade. The use is non-conforming due to parking requirements. The site has 206 parking spaces on site and rents 60 spaces from the abutting Tampa Tribune property. Staff recommends approval based on 8 conditions. Mr. Shuford said the use should not impact negatively on surrounding property. Tonight’s hearing is an appeal of the Planning & Zoning Board’s April 1, 1997, decision to deny the change of business ownership. The City Attorney received the tapes and minutes of the April 1, 1997, meeting (Exhibit 1). Ed Armstrong, representative for the applicant, said the Planning & Zoning Board’s decision was not based on evidence, departed from the requirements of law, and reflected a personal bias against Todd Clem (radio personality, Bubba). Under questioning by Mr. Armstrong , Mr. Shuford said staff’s recommendation for approval was based on the site’s location, a review of surrounding properties, and previous on-site activities. Staff currently is drafting revisions to the code. He said staff’s recommendation to amend the code and permit the transfer of ownership of businesses serving alcoholic beverages without requiring a conditional use was based on only 2 denials of 40 requests since 1994. The other denial was appealed to the City Commission and reversed. He said this code requirement is unusual. Cindy Harden submitted her resume (Exhibit 2) outlining her 16 years as a practicing planner. The City Attorney verified Ms Harden had worked for the City of Tampa and is an expert. Ms. Harden presented an aerial view of the US 19N/Gulf-to-Bay Boulevard intersection, stating it is one of Pinellas County’s most commercial intersections. The subject property is in the intersection’s Northwest quadrant. She noted abutting and nearby properties have intense commercial uses and the area serves more than its immediate neighborhood. She said the subject property’s proposed use complies with the standards of approval and potential impacts are mitigated by the property’s design which orients the building to Gulf-to-Bay Boulevard. She said patrons cannot access the abutting church property to the North from the nightclub’s parking lot. The business’ operating hours and conditions will be the same as the previous 5 uses since February 1988. Mr. Armstrong submitted minutes from the October 16, 1990, February 5, 1991, May 3, 1994, and August 29, 1995, Planning & Zoning Board meetings reporting approvals of changes of business ownership for the subject property and previous lack of opposition (composite Exhibit 3). In response to a question, Ms. Harden said the previous business, Jam’z N Java, had an agreement to use the West side of Florida Power’s easement for parking. Mr. Armstrong submitted: 1) his April 25, 1997, letter to Reverend Father James Rousakis, pastor of the Holy Trinity Greek Orthodox Church, 409 Old Coachman Road, requesting a meeting to respond to Church objections (Exhibit 4); 2) the April 30, 1997, reply from the Church’s legal adviser, Michael E. Boutzoukas, indicating fundamental differences “are near impossible to overcome” (Exhibit 5); and 3) Mr. Armstrong’s firm’s May 8, 1997, reply to Mr. Boutzoukas requesting a meeting with the Church Parish Council to discuss issues such as hours of operation, security, etc. (Exhibit 6). Mr. Armstrong said the Church was unresponsive to the May 8, 1997, letter. He said the applicant has tried to work in good faith as a neighbor. The applicant, Todd Clem, AKA Bubba, said his radio personality is not who he is. He gave his “word” the business would maintain the proposed conditions. He said the area needs a nightclub to serve those 21 years-old and older. The business will feature happy hour, a restaurant, cigar room, and dance floor. Mr. Armstrong submitted the May 8, 1997, letter from Michael Meidel, Florida Power North Pinellas Area Manager, indicating Florida Power was processing the Application for Right-of-Way Utilization for use of a portion of the transmission corridor for parking (Exhibit 7). In response to a question, Mr. Armstrong said between 130 and 150 vehicles can park in the easement. Mr. Shuford will verify the number of parking spaces required for the proposed use. Mr. Armstrong said his client has the right to request a parking variance. In response to a question, Mr. Shuford said previous uses have had noise violations. In response to a question, Mr. Armstrong said the property was in foreclosure when Maurice Wilder of Equator, Inc. purchased it in 1990. Since then, various tenants have operated nightclubs on this site. It was noted the porch had been enclosed since the building’s previous use as a restaurant. Mr. Shuford stated police reports indicate Mr. Clem was the disc jockey at Jamminz’ on Clearwater beach when patrons were cited for violating the public nudity ordinance. Mr. Clem said he made those appearances while under contract with a radio station and was directed by the business’ owner regarding the contests. Although several women were cited for exposure, he said he never was charged with inciting those actions. He said his club will not have those types of contests or that type of atmosphere. In response to a question, applicant Tiffany Wilder Butler said inappropriate activities will be banned. In response to a question, Mr. Shuford will report when Tattletales opened on the site of the former Hardees. Mr. Boutzoukas submitted: 1) the May 1, 1997, letter to the City from Thomas Long, representative of BTLS, Inc., indicating BTLS was assigned the authority to resume the Jam’z N Java business operation on Gulf-to-Bay Boulevard (Exhibit 8); 2) the License Agreement between Florida Power and the Greek Orthodox Church of the Holy Trinity, Inc. regarding use of the right-of-way for overflow parking and shrub fencing (Exhibit 9); 3) the March 28, 1997, letter to Mark Lagos, Parish Council President, from Patrick Frankie, Planet Bubba General Manager, indicating the club plans to host calendar girl contests, and offering to repair the fence separating the properties and to discuss closing the club during the Church’s annual evening Easter celebration (Exhibit 10) and 4) the Church’s May 4, 1997, General Assembly Meeting minutes indicating opposition to the nightclub (Exhibit 11). He said a petition signed by 700 Church members opposing the nightclub was submitted to the April 1, 1997, Planning & Zoning Board meeting. Sam Marcopolos submitted photographs of damage to the fence between the properties, cars from the nightclub parked in the Church’s lot, and empty beer bottles, cans, and trash in the Church’s parking lot (composite Exhibit 12). Deborah Aowal, Ed Santiago, Laurie Dacey, Peter Wilsey, Steve Del Soto, Mike Schaffer, Heather Habora, David Doherty, Craig Cursteen, Jeff Zerin, and Ron Kateze spoke in support of the application stating the Church located next to this site, the Gulf-to-Bay Boulevard/U.S. 19N intersection is highly commercial, the proposed use is consistent with the property’s commercial zoning, the tax base needs expansion, the rights of free enterprise, churches and businesses should work together, the law will be obeyed, the nightclub sends intoxicated patrons home in taxis, Mr. Clems’s radio personality is an act, and an offer to clean up resulting trash. Reverend Father James Rousakis, Mr. Boutzoukas, Dan Andriso, Mike Masteridis, Sam Marcopolos, Joan Camboros, and Bill Katsekopdis spoke in opposition to the application stating moral principals are at stake, social consequences will occur, the nightclub misrepresented its agreement to park on Florida Power’s right-of-way, parking conditions have not been met, the Church and school will be negatively impacted, the nightclub endangers parish children and is a bad influence on teen parishioners, the nightclub’s location is unsuitable, and inappropriate nightclub patron behavior includes jeering parishioners, dropping trash, climbing on and ruining the Church’s fence, and wandering through the Church’s parking lot. Neighbors Russ Hunt and Joseph Ryan requested the City monitor the nightclub for noise violations and patrol at closing to discourage patrons from dropping trash in nearby neighborhoods. The Commission recessed from 8:52 to 9:06 p.m. Mr. Frankie, Planet Bubba General Manager, said he had provided his telephone and beeper numbers to the Church. He submitted and showed a video of Church members parking in the nightclub’s lot during Sunday services (Exhibit 13). Mr. Frankie, Rick Silva, Willis Reese, and Tina Meador spoke in support of the application stating most patrons arrive after Church activities, bums are responsible for trash, patrons cannot be controlled, and entertainment in Clearwater is needed. Nick Anton, George Manzeras, Jeannie Anton, Aphrodite Merimac, Constantine Milerades, and Peter Caffentzis spoke in opposition to the application stating the Church must obtain a liquor permit each time it serves alcohol, obscenities from nightclub patrons embarrass families, laws should protect citizens, past retaliation against Church members occurred after illegally parked vehicles were towed, and Clearwater beach and Morningside nightclubs, determined to be nuisances, were closed. In response to a question, Mr. Shuford said legal staff can confirm the Florida Power agreement with the nightclub for parking is long term. He recommended a reporting requirement be instituted to assure the club adheres to the agreement for the life of the business. The business can seek other ways to address the parking requirement. The City Attorney said the liquor license can be revoked if the business fails to meet the parking conditions. Mr. Shuford indicated previous nightclubs probably did not meet the parking requirement. It was indicated the Church’s agreement for use of the Florida Power right-of-way for ingress is separate from the right-of-way agreement for parking. Overflow parking lots are not required to be paved. Concern was expressed minutes from previous Planning & Zoning Board meetings submitted (composite Exhibit 3) do not reflect opposition to previous applications. Church members indicated they had spoken against the nightclub at past Planning & Zoning Board meetings but were unsure of the dates. In response to a question, Mr. Shuford did not know how many cars can be parked on the right-of-way. Mr. Armstrong said the previous nightclubs had agreements with Florida Power for overflow parking on the right-of-way. In response to a question, Mr. Boutzoukas did not know if the assessed value of the Church property had changed since the nightclubs began operation. It was noted police reports indicate violations occurred at previous nightclub businesses operated by Ms. Butler since 1990. It was noted a restaurant operated on the subject property when Church construction began in 1968. The current liquor license has been in effect since May 20, 1965. Mr. Armstrong said the Church constructed improvements and additions in 1987 and 1990, after the property’s change to a nightclub. He expressed concern a Planning & Zoning Board member had stated opposition to Mr. Clem as an individual. He said the Planning & Zoning Board previously had approved nightclub uses for this site 5 times. In response to a question, the City Attorney indicated the City Commission must consider this request as a transfer of ownership and not as a new use. She noted no expert testimony was presented that addressed property values. It was recommended the nightclub keep the property clean. The police should handle violations. The City Attorney said the liquor license can be revoked for non compliance with the conditions. In response to a question, Mr. Clem reiterated his promise to comply with the conditions. Concern was expressed regarding legal issues related to allegations of prejudicial comments made by a Planning & Zoning Board member. Staff was encouraged to be vigilant regarding the nightclub’s compliance to conditions and to enforce irregularities immediately. It was hoped the nightclub and Church reach an amicable agreement regarding Greek holidays. It was noted the City Commission cannot set new standards tonight as this meeting is quasi-judicial and not legislative. Concern was expressed previous minutes do not refer to citizen opposition or approval of items. It was felt the police report provided the Commission contained insufficient detail. Commissioner Clark moved to approve the change of business ownership at 2516 Gulf-to-Bay Boulevard subject to the following conditions: 1) applicant shall obtain requisite occupational license within 10 days of date of this appeal hearing; 2) 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, applicant shall neither promote nor permit “wet T-shirt contests,” bikini contests, or male/female reviews in violation of the public nudity or adult use ordinances, or similar activities on the premises; 3) there shall be no outdoor entertainment, including temporary outdoor entertainment; 4) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 5) a landscape plan for all parking lots shall be submitted to Environmental Management for approval and any required landscaping shall be installed prior to issuance of the requisite occupational license; 6) prior to issuance of requisite occupational license and opening of the business, applicant shall provide overflow parking generally sufficient to meet the total parking required under current City parking requirements through a long term agreement with Florida Power or other similar arrangement suitable to the City; 7) a minimum of two security personnel shall be provided to police the parking lot between 10:00 p.m. and 3:00 a.m. on Friday and Saturday nights; and 8) approval shall be for 9-month trial period from date of issuance of occupational license, after which application will be reviewed for compliance with established conditions of approval. The motion was duly seconded and carried unanimously. ITEM #2 - Adjournment The meeting adjourned at 10:25 p.m.