Loading...
05/05/1998PLANNING AND ZONING BOARD CITY OF CLEARWATER May 5, 1998 Present: Douglas Hilkert Chairman Gerald Figurski Vice Chair Edward Mazur Board Member Robert D. Bickerstaffe Board Member Frank Kunnen Board Member Rick Anderson Board Member David Gildersleeve Board Member Leslie Dougall-Sides Assistant City Attorney Steve Doherty Zoning Supervisor Teresa Mancini Associate Planner Gwen Legters Board Reporter The meeting was called to order at 2:00 p.m. in City Hall, followed by the Invocation, Pledge of Allegiance, 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 – April 21, 1998 This item was continued as the board did not receive the minutes. Conditional Uses C1. Equator, Inc./Radomir Buzdum (Froggy’s Nite Club & Restaurant, Inc.) to permit nightclubs, taverns bars (change of business ownership) at 2516 Gulf to Bay Blvd., Studebaker’s Sub, Lot 2, zoned Cg (General Commercial). CU 98-19 Mr. Doherty related nightclub/restaurant history of the property. He discussed details of the business plan, to be called “Froggy’s.” Staff recommended approval with eight conditions. Questions were raised regarding the former nightclub use, “Planet Bubba,” last approved on appeal to the City Commission June 5, 1997. Staff was requested to agenda revocation of the closed Planet Bubba’s conditional use at the next Planning and Zoning Board meeting. Discussion ensued regarding recommended condition #4, setting a time limit to remodel the existing building. Harry Cline, attorney representing the applicant, said the applicant accepts all conditions recommended by staff. He related the property’s location, traffic conditions, surrounding uses, consistency with the neighborhood, hours of operation, history of nightclub uses, and controversial issues related to the previous operation. The new business owner’s background, experience and aesthetic improvements were discussed. Referring to minutes for previous conditional use approvals on this site, Mr. Cline said the City Attorney had instructed the City Commission to view the change of business ownership request as an ownership issue, not a use issue. He said representatives of the adjacent church had not responded to attempts to work out differences. Assistant City Attorney Leslie Dougall- sides advised this is a change of business ownership request and it is appropriate for the board to look at whether the business is compatible with the neighborhood. Discussion ensued regarding percentage of alcohol to food sales requirements; nothing having changed onsite since execution of the parking agreement with Florida Power; other alcoholic beverage use approvals within 500 feet; and required parking calculations. Rad Buzdum, business owner/applicant, related details and responded to questions regarding his site selection; operation of the family business; management, service, and security staffing; style of nightclub proposed; and details of a shooting incident at a former clubs. Seating capacity and parking calculations were discussed at length. Three representatives of the adjacent church spoke in opposition to the request. They did not oppose a restaurant serving liquor, but expressed strong concerns with having a nightclub, its debris, and its atmosphere in such close proximity to a church. Mr. Cline said in rebuttal, setting and enforcing reasonable conditions is the best solution for peaceful coexistence. He recommended church representatives respond to the applicants’ overtures to communicate. Questions were raised regarding interpretation and application of codes restricting location of an alcoholic beverage use in proximity to a conforming church. Mr. Cline reiterated the conditional use has not expired, so the issue before the board is the change of ownership. He submitted a letter dated May 4, 1998 from a Florida Power property agent acknowledging review and approval of the applicants’ request to use Florida Power right-of-way for valet parking except on certain religious holidays. He noted the letter is not the agreement, but a letter of intent to issue a license agreement. In response to board concerns regarding property maintenance, Mr. Buzdum agreed an existing six foot fence is not sufficient to keep trash and debris from being thrown onto church property. He sympathized with church members, stating his responsibility as a businessman is to clean, maintain, install landscaping, and be a good neighbor. Questions were raised whether the applicant could increase his percentage of food sales to be considered a restaurant use. Mr. Buzdum felt tipping the balance toward food sales would not be possible because alcoholic beverage price per serving is much higher than food price per serving in this neighborhood. Discussion ensued regarding food to beverage sales ratios, and the difficulty of enforcing compliance. Questions were raised whether a change of business ownership request activates consideration of all applicable supplementary standards, such as lighting, access, etc. Member Bickerstaffe moved to approve Item C1, subject to the following conditions: 1) The applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) Sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) There shall be no outdoor entertainment, seating, or speakers; 4) If the applicant intends to remodel the existing building, the applicant shall obtain a building permit prior to the start of construction but no later than six months from the date of this public hearing. Accordingly, an occupational license and certificate of occupancy shall be obtained within one year from the date of this public hearing should a building permit be required; 5) A landscape plan for all parking lots shall be submitted to the City’s Landscape Architect for approval and the required landscaping shall be installed prior to the issuance of the requisite occupational license; 6) 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,” bikini contests or male/female reviews in violation of the public nudity or adult use ordinances, or similar activities; 7) The applicant shall provide security personnel between the hours of 9:00pm and 2:00am for all parking areas, all entrances to the establishment, and throughout the nightclub on Friday and Saturday nights; and 8) All parking lots and areas outside the building shall be kept clear of litter and debris at all times. The motion was duly seconded. Clarification was requested regarding whether the subject request is a compatible use or an ownership issue; whether separation distance standards apply; and whether it is necessary to consider supplementary standards again. Discussion ensued regarding the context of the City Attorney’s comments in the set of minutes referenced by Mr. Cline. Staff was requested to revisit and clarify the applicable code sections to provide better guidance for the board. Some felt it necessary to continue the item to consult with City Attorney Akin. In response to a request from the board, Member Bickerstaffe amended his motion to add the following conditions: 9) The applicants shall obtain a parking variance, or a parking agreement that meets parking requirements prior to issuance of the Occupational License, or this conditional use approval is null and void; and 10) This conditional use approval is for a one year trial period from the date of this public hearing to determine the operation’s affect on the adjacent church. The seconder concurred. Upon the vote being taken, Members Figurski, Mazur, Bickerstaffe, Kunnen, and Anderson voted “Aye”; Members Hilkert and Gildersleeve voted “Nay.” Motion carried. D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Local Planning Agency Review D1. 811 Berkley Place, Palmetto Terrace, Blk D, Lot 5 (Anita M. & Leonard & Charlotte Fenlon) A 98-15 ZONE: RS-8 (single Family Residential) Mr. Hilton related background, stating staff recommends endorsement of the request for annexation to obtain sewer service. The applicant was not present and was not represented. No verbal or written support or opposition was expressed. Member Kunnen moved to endorse Item D1 to the City Commission. The motion was duly seconded and carried unanimously. Board and Staff Comments Chairman Hilkert requested staff to agenda revocation of the Planet Bubba conditional use. Staff will address the issue as a Director’s Item at the next meeting. Status of the Land Development Code revision was not known. It is hoped a draft will be ready for board review in June or July, with approval by the end of this year. Adjournment The meeting adjourned at 3:45 p.m.