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07/07/1998PLANNING AND ZONING BOARD CITY OF CLEARWATER July 7, 1998 Present: Douglas Hilkert Chair Gerald Figurski Vice-Chair Edward Mazur Board Member Frank Kunnen Board Member Rick Anderson Board Member David Gildersleeve Board Member Steven Chandler Board Member Pamela Akin City Attorney (arrived 3:23 p.m.) Leslie Dougall-Sides Assistant City Attorney (departed 3:00 p.m.) Sandra Glatthorn Planning Manager Teresa Mancini Associate Planner Etim Udoh Associate Planner Brenda Moses Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM A - Minutes of Previous Meetings - May 19 and June 2, 1998 Approval of minutes was postponed to the August 4, 1998, meeting. ITEM B - Requests for Extension, Deferred, and Continued Items - None. ITEM C - Conditional Uses 1. Gilbert G. Jannelli/Erik Parks (Cigar Central, Inc.) to permit nightclubs, taverns, and bars (new license) at 40 N. Ft. Harrison, Earl & Tate’s Sub., Lot 16 & part of Lot 17, zoned UC[C] (Urban Center Core). CU 98-24 The applicant is requesting conditional use approval to allow a nightclub with alcoholic beverage sales at 40 N. Ft. Harrison Avenue. The subject property has a Future Land Use Designation of Central Business District. The building is vacant. The applicant intends to apply for a 2-COP alcoholic beverage license and operate a cigar retail store in conjunction with the proposed nightclub use. On June 9, 1998, the DRB (Design Review Board) approved the installation of a lighted canopy sign along Ft. Harrison Avenue. Staff recommends approval subject to conditions. In response to a question, Associate Planner Teresa Mancini said the applicant is not required to provide parking, however, if he wishes to use the unimproved vacant lot west of the building for patron parking, it must be brought up to code. In response to a question, applicant Erik Parks said this property has one large building and 3 mailing addresses. The 40 Ft. Harrison Avenue address will be used for mailing purposes. Alcoholic beverages will be served in room 44. The operation will open at 10:00 a.m. On Sundays, alcoholic beverages will be served after 1:00 p.m. Discussion ensued regarding the proximity of property on Cleveland Street. Planning Manager Sandy Glatthorn said the proposed use is not within 500 feet of residential, church, or school uses. Two persons spoke in favor, citing this business will create more interest and vitality in downtown. No one spoke in opposition. Member Kunnen moved to approve Item C-1, subject to conditions: 1) the applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) there shall be no outdoor entertainment or speakers; 4) the applicant shall obtain the requisite State of Florida Alcoholic Beverage License within six months from the date of this public hearing; and 5) any pictures and/or advertising to be located on the north side of the building shall be reviewed and approved by the City’s Architectural Planner prior to installation. The motion was duly seconded and carried unanimously. 2. P.S.A., Inc./B.J.E., Inc./Majestik Corp. to permit nightclubs, taverns, and bars (change of business ownership) at 470 Mandalay Ave., Clearwater Beach Park 1st Addition, Blk B, Lots 32-43 and vacated alley adj; Clearwater Beach Park 1st Addition Replat of Blk A & B, Blk A, Lots 2-8; and Clearwater Beach Park, Lots 43-48, 65-71 and part of Lot 64, zoned CR28 (Resort Commercial) & CB (Beach Commercial). CU 98-25 The owner is requesting conditional use approval to allow a night-club/restaurant with alcoholic beverage sales in the Resort Commercial “Twenty-Eight” and Beach Commercial Zoning Districts at 470 Mandalay Avenue. The Planning and Zoning Board previously approved a nightclub at this location on December 16, 1997. The applicant intends to continue to operate a nightclub to be known as “Majestik,” and transfer the existing 4-COP alcoholic beverage license. The proposed use is consistent with the commercial nature of Mandalay Avenue and the existing land use designation. Staff recommends approval. In response to a question, Ms. Glatthorn said this request involves a unity of title and site plan approval. The request for a nightclub involves the west portion of this property, previously identified as “Jammin’z.” Future requests for other uses on other portions of the property will require conditional use approval by this board. In response to a question, she said Condition #4 addresses past violations of public nudity and adult use regulation ordinances but does not prohibit live bands or dancers. In response to a question, Assistant City Attorney Leslie Dougall-Sides said a procedure addresses failures to comply with conditional use approvals. Revocation of a business license requires a hearing. It was noted previous incidents related to public nudity and adult use regulations at this property occurred before regulations were placed on it. Discussion ensued regarding whether outdoor speakers and a trial period is necessary. James Eftekhari, representative, submitted his concerns regarding staff’s recommendation to prohibit bikini and wet T-shirt contests. He said other area businesses are permitted this type of activity and he is being judged unfairly by the actions of the former property owner. He plans to operate the business in a professional manner and requested the board reconsider Condition #4. He also requested the board extend the hours of operation to 3:00 a.m. on Friday and Saturday nights. In response to a question, he said he will stop selling alcoholic beverages at 1:00 a.m., but permit patrons to enjoy the music and dancing until 3:00 a.m. One person spoke in support, and referred to Condition #4. She said in the past, the previous owner had experienced problems during Spring Break of 1996 that involved wet T-shirt contests. She said no such incidents were related to bikini contests. Member Figurski moved to approve Item C-2, subject to conditions: 1) the applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) there shall be no outdoor entertainment; 4) the applicant shall neither promote nor permit on the premises any live entertainment, competitions, contests, or any activities which result in the violation of 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 bikini contests, “wet T-shirt contests,” or similar activities on the premises; and 5) the applicant shall provide landscaping in accordance with Section 42.27 and the approved landscape plan including the replacement of any existing vegetation that is dead or dying prior to obtaining an occupational license, striking the language “bikini contests” in Condition #4, adding Condition #6 as follows: “This approval will be reviewed by the Planning and Zoning Board in 9 months. The proposed hours of operation permitted will be 10:00 a.m. until 3:00 a.m.” The motion was duly seconded. Members, Figurski, Mazur, Kunnen, Anderson, and Chandler and Chair Hilkert voted “Aye”; Member Gildersleeve voted “Nay.” Motion carried. 3. Clearwater Bay Marine Ways, Inc./Suncruz Casino, Ltd. (Suncruz XI) to permit nightclubs, taverns, and bars (passenger vessel) (change of business ownership) at 900 N. Osceola Ave.,, J.A. Gorra’s Sub, Blk 2, Lots 2 &3, Part of Lot 1, filled submerged lands on west, submerged land and riparian rights; Sue Barco Sub, Lots 13, 14, 23, and part of Lot 22, filled submerged land and riparian rights; and F.T. Blish’s Sub, Lots 1-3, 8-10, zoned CR24 (Resort Commercial), CN (Neighborhood Commercial), & P (Preservation). CU 98-27 The applicant is requesting conditional use approval to permit alcoholic beverage sales on a passenger vessel in the CR24 (Resort Commercial “Twenty-Four”), CN (Neighborhood Commercial), and P (Preservation) Zoning District. On November 15, 1994, the Planning and Zoning Board approved a 600 passenger cruise ship with on-premise consumption of alcoholic beverage sales at this location. The applicant continues to operate as a casino cruise ship with alcoholic beverage sales under the new name “Sun Cruz Casino, Ltd.” and transferred the existing 4-COP SPX alcoholic beverage license. Staff recommends approval of the request subject to conditions. In response to a question, Ms. Mancini said Condition #6 was placed on the previous applicant to keep parking spaces open for overflow usage from City lots. Ed Armstrong, representative, said the alcoholic beverage license is consistent with past usage. He stated Harbormaster William Held has indicated support of this request. His client is requesting the board reconsider extending berthing time in Condition #11 to 1:00 a.m. on Friday and Saturday nights, and 12:30 a.m. on all other nights. In response to a question regarding suggested language to Condition #2, Mr. Armstrong said the wording is acceptable. One person spoke in support, citing this request is a “win-win” situation and excellent economic development opportunity for the City. Member Mazur moved to approve Item C-3 with conditions: 1) the applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) the sale of alcoholic beverages shall be limited to consumption on premises of the ship and the sale and distribution of alcoholic beverages shall not occur until after the ship totally exits the marina; and that all alcoholic beverage sales will cease on the ship’s return at or prior to arrival at the Clearwater Pass Bridge; 3) all in-bound cruises shall discontinue all entertainment activities at, or prior to, arrival at the Clearwater Pass bridge; 4) there shall be no outdoor entertainment at the land side facilities and all use of outdoor speakers on the ship while it is berthed shall be prohibited after 8:00 p.m.; 5) there shall be no outdoor ship or site cleaning operations between the hours of 8:00 p.m. and 7:00 a.m.; 6) there shall be no storage of boats in the paved parking spaces or travel aisles; 7) the cruise ship shall be docked in such a manner that its exhaust is emitted in a westerly direction; and engine operations while in the marina shall be kept to the minimum required by navigational necessity; 8) the applicant shall not utilize the City-owned Seminole Boat Launch parking lot for bus and/or private vehicle parking in association with this use; 9) the applicant shall continue to clarify the “service charge” issue in its advertising, promotions, sales arrangements, employee training and ticket schedules so the fee is not identified in any way with any charge imposed or revenue received by the City; there shall be no reference to a “port charge”; 10) the applicant shall cease all operations within one hour after the day’s final ship berthing; and 11) the cruise ship shall be berthed by 1:00 a.m. on Friday and Saturday nights and by 12:30 a.m. on all other nights. The motion was duly seconded and carried unanimously. 4. Anna Tsafatinos/Liquid Blues, Inc. to permit nightclubs, taverns, and bars (change of business ownership) at 22 N. Ft. Harrison, Earl & Tate’s Sub., part of Lots 12 & 13, zoned UC[C] (Urban Center Core). CU 98-28 The applicant is requesting conditional use approval to operate this establishment as a nightclub and restaurant with alcoholic beverage sales at 22 N. Ft. Harrison Avenue. The new owner intends to transfer the 4-COP alcoholic beverage license and change the business’ name from “The Ritz” to “Liquid Blue.” On June 17, 1997, the Planning and Zoning Board approved a nightclub with alcoholic beverage sales at this location. The subject property is surrounded by mixed commercial uses and the proposed use is consistent with the commercial nature of the downtown district. Staff recommends approval subject to conditions. Thomas Roman, representative, requested the board reconsider revising Condition #2 to allow package sales. The business will be an upscale jazz club with a band and recorded dance floor music. There will be no signs or purchasing counter advertising package sales. Occasionally, a bottle of wine or champagne may be purchased by patrons for consumption outside the establishment. Two persons spoke in support, citing the business will bring more activity to the downtown area. No one spoke in opposition. Member Figurski moved to approve Item C4, subject to conditions: 1) the applicant shall obtain the requisite occupational license within six months from the date of this public hearing; 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales on premises; 3) there shall be no outdoor entertainment or speakers, and 4) the applicant shall neither promote nor permit on the premises any live entertainment, competitions, contests, or any activities which result in the violation of 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”, or similar activities on the premises, changing Condition # 2 as follows: “... on premises. The motion was duly seconded. Discussion ensued and Member Figurski amended the motion so that Condition #2 shall read: “The sale of alcoholic beverages shall be permitted for consumption on premises and package sales shall be permitted”; and “bikini contests” shall not be deleted from Condition #4. The seconder agreed. Upon the vote being taken, the motion carried unanimously. ITEM D - Annexation, Zoning, Land Use Plan Amendment, land Development Code Text Amendment, and Local Planning Agency Review 1. 23055 US 19N, Sec. 05-29-16, M&B 33.08 (John C. & Elizabeth J. Prida) A 98-20 LUP: Residential/Office/Retail ZONE: CH (Highway Commercial) The applicant is requesting annexation of non-residential property at 23055 US 19N to obtain sewer service. The applicant proposes to connect a force main to an existing sanitary sewer line by Coachman Plaza, approximately 250 feet north of the subject property. The applicant will be responsible for the cost of this work. This request will not create an enclave. Staff recommends approval. Member Kunnen moved to approve Item D-1 as requested. The motion was duly seconded and carried unanimously. 2. 1614 Long Street, Highland Pines 1st Addition, Blk 7, Lot 7 and Part of Lot 6 (Gabriel C. & Kristine D. Slater) A 98-21 LUP: Residential Urban ZONE: RS8 (Single Family Residential) The applicant is requesting annexation of a single family residential property at 1614 Long Street to obtain sewer service. A sewer line is available at Long Street and requires an extension for service. The applicant will be responsible for related costs. Staff recommends approval. No one spoke in support or opposition. Member Gildersleeve moved to approve Item D-2 as submitted. The motion was duly seconded and carried unanimously. 3. Amending the Land Development Code, Code of Ordinances, regarding power of eminent domain. Ordinance 6302-98 Ms. Glatthorn presented background information and reviewed standards of approval. FDOT (Florida Department of Transportation) is requesting a revision to the City’s Land Development Code to allow the agency to sign, in lieu of the property owner, applications for variances to land development regulations. This change will allow FDOT to proceed quickly with necessary takings of land for roadway improvements. Staff feels the amendment complies with the City’s comprehensive plan and advances the purpose of the development code. The amendment will contribute to and promote the community’s welfare and will not constitute a grant of special privilege to an individual property owner or tenant. Based on the findings of fact, staff has determined this amendment meets the standards of review as set forth in Section 39.22 of the Land Development Code. Discussion ensued regarding FDOT’s ability to take property from a property owner with compensation, regardless of the owner’s objections. In response to a remark, the City Attorney said FDOT would have to already be in the process of taking, with authorization before the agency can request a variance. This amendment will allow FDOT to apply for a variance without the owner’s consent. The purpose of the amendment is to reduce damages payable to the owner. In response to a question, she said FDOT will never obtain title to an entire parcel, however if the agency obtains title to the part being taken, the variance would then take effect. Richard Vickers, FDOT General Counsel, said this amendment clarifies the entire process. FDOT feels this is a reasonable cure to a problem. He said the intent of the amendment is not to permit FDOT to do whatever it pleases on an individual’s property. In response to a question, he said other cities have adopted this ordinance. Concern was expressed this amendment appears to give an unfair advantage to government regarding individual property owners’ rights. It was remarked the property owner’s signature, not the FDOT’s, should be on land development regulation variance applications, conditional uses, and site plan reviews associated with takings of land for road improvements. Member Figurski moved to deny endorsement of the proposal as presented. The motion was duly seconded. Mr. Vickers said the amendment would allow FDOT an advisory opinion from the City regarding an eminent domain takings ordinance and permittable cures. Without the amendment, the parties or a jury will determine what is fair under the law. In response to a question, the City Attorney said should the board postpone a decision, it can request the City Commission to continue the item at the next City Commission meeting. Upon the vote being taken, Members, Figurski, Mazur, Kunnen, Anderson, and Chandler and Chair Hilkert voted “Aye”; Member Gildersleeve voted “Nay”. Motion carried. The meeting recessed from 4:41 to 4:50 p.m. 4. Amending Code of Ordinances relating to transit shelters. Ordinance 6303-98 The City Attorney reported this ordinance request relates to a proposed settlement agreement between the City and Eller Media for removal of billboards, not including those on US 19N. The ordinance provides the following: 1) permits bus shelters with advertising; 2) allows back-lit signs on the “downstream” end wall of the shelter, and limits the area of the sign to 24 square feet; 3) total number of shelters with advertising is limited to 50; 4) shelters will be spaced 1,000 feet apart from other shelters located on the same side of the street; a variance provision will allow 3 shelters within 2,000 feet under certain conditions as outlined in the ordinance; and 5) allows shelters in commercial, office, or industrial zoning districts, or on PSTA routes adjacent to hospitals, schools, or other permitted nonresidential uses in multifamily residential zoning districts. In response to a question, she said the City has been in litigation with Eller Media for a number of years, and this settlement agreement will resolve all pending lawsuits. Should this proposal not settle the case and result in dismissal, the ordinance will not take effect. The outcome of pending litigation is uncertain. In response to a question, the City Attorney said the 1,000 foot restriction relates to transit shelters with advertising on a bus route. It was remarked more than one shelter on cross roads could be closer than 1,000 feet if on different bus routes. Concern was expressed these shelters will replace the billboards that Eller Media is required to remove. In response to a question, the City Attorney said Eller Media has an agreement with PSTA regarding the total number of shelters allowed county-wide. This proposal does not mandate shelters; it only permits shelters with advertising. In response to a question, she said points of agreement outstanding with Eller Media are: 1) the total number of shelters permittable with advertising and 2) design criteria for the shelters. Todd Pressman, representative, said Eller is seeking to attach advertising signage at approved transit shelters, and proposes to remove 21 existing billboards. He said this suggested ordinance is an alternative to pursuing long term legal matters. He stated the City Commission has suggested permitting a maximum of 50 shelters with advertising. Eller originally had proposed 150 shelters but is willing to accept 90 shelters with advertising. He said the shelters will not be built overnight. They must comply with City zoning, PSTA, and rights-of-way requirements. In response to a question, Public Affairs Director Shawn Ulrich said Eller plans to maintain all shelters at least twice a week, promptly clean vandalized shelters, and replace panels with shatterproof plastic when necessary. Three persons spoke in opposition, noting: 1) the proposed ordinance is an affront to law-abiding businesses in Clearwater which have complied with the sign ordinance; 2) proposes a lack of code enforcement; 3) residents were not notified of shelters proposed for their neighborhoods; 4) the ordinance only prohibits signs where they interfere with traffic control devices; 5) development of this agreement was not open to the public; 6) shelters with advertising should not be near schools; 7) shelters with advertising lack restrictions regarding electrical connections and poles which induce visual clutter; 8) these shelters will change the character of the surrounding area; 9) freestanding electrical poles are unsightly; and 10) the proposal is contrary to the One City. One Future. concept. It was requested the City define the specific area referred to as “within the City limits.” It was suggested language be included in the proposal requiring the City Traffic Engineer’s input regarding blockage of intersections and other pertinent matters. Member Gildersleeve moved to continue Item D-4 to the August 4, 1998, meeting. The motion was duly seconded. Mr. Pressman said the board was not requested to make a legal judgment, but to review the proposed ordinance. Federal funding is no longer available to fund transit shelters. He said a number of people previously spoke in support of this proposal. Upon the vote being taken, Members Figurski, Mazur, Gildersleeve, and Chandler voted “Aye”; Members Kunnen, and Anderson and Chair Hilkert voted “Nay.” Motion carried. ITEM E - Chairman’s Items The next meeting is scheduled for August 4, 1998. The Chair welcomed new member Steven Chandler. The Chair expressed his enjoyment working with Scott Shuford and wished him well in his new position. ITEM F - Director’s Items - None. ITEM G - Board and Staff Comments It was suggested changing language used in “Staff Recommendations.” Ms. Glatthorn will share the board’s comments with the Central Permitting Director. ITEM H - Adjournment The meeting adjourned at 6:09 p.m.