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12/16/1997PLANNING AND ZONING BOARD CITY OF CLEARWATER December 16, 1997 Present: Edward Mazur Chair Brenda Harris Nixon Vice Chair Robert D. Bickerstaffe Board Member Frank Kunnen Board Member Douglas Hilkert Board Member Gerald Figurski Board Member Vacant Seat Board Member Leslie Dougall-Sides Assistant City Attorney Sandy Glatthorn Planning Manager 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 – November 4, November 18, and December 2, 1997 This item was continued to allow time for members to review the minutes. B. Requests for Extension, Deferred and Continued Items B1. Trial Period Review - B.J.E. Inc./Pelican Two, Inc./Elias Anastasopoulos/ Bill Sioutis (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, 1st Addition, Blk B, Lots 32-43 & vacated alley, and Clearwater Beach Park, 1st Addition Replat, Blk A, Lots 2-8 & vacated alley, zoned CR 28 (Resort Commercial) & CB (Beach Commercial). CU 97-13 Ms. Glatthorn presented background information and written staff recommendations, listing staff’s recommendations for meeting code as part of the staff report. A conditional use was approved March 18, 1997 and the business was licensed subject to six conditions of approval. The business operated for a short time, but has been closed since sometime later in the Spring. Staff recommended an additional one year trial period to allow a potential new business owner to reopen the club on a temporary basis, pending Planning and Zoning Board approval of a new conditional use. If the City does not receive an application within the one year trial period, a new business owner for this use will be required to wait for full City approval before opening. The original conditions of approval would still apply. Elias Anastasopoulos, the owner/applicant, expressed concern with staff’s recommendation, stating he does not intend to sell or lease his business. He wishes to continue operating under the same license. While he wishes to stay open all year, he felt he should be allowed to close for two or three months of the year, reopening during peak business months, if he desires. Lengthy discussion ensued concerning a misunderstanding regarding staff’s recommendation and the March 18 conditions of approval. Mr. Anastasopoulos requested deletion of conditions #3 and #5 prohibiting package sales and outdoor entertainment. He had believed the third condition of approval had taken away his right to have alcoholic beverage package sales. Lengthy discussion ensued regarding the history of the liquor license for the property. It was indicated prohibition of package sales is a standard conditions for nightclubs, and was not part of the 1997 application. Ms. Dougall-Sides noted a previous conditional use application included a request for package sales, but the package sales portion of the request had been denied. She said a new request for package sales would have to be readvertised because it is under a different code section. Discussion ensued regarding State liquor licensing procedure. In response to a question, it was indicated property ownership has changed since 1992, but business ownership has not changed. Discussion ensued regarding history of the business operation at this location. Mr. Anastasopoulos objected to a phrase in the March 18 minutes indicating the business was said to have a “colorful past.” He expressed concern with another trial period, stating it hurt his business and made him feel as if he was “on probation.” Discussion ensued regarding five occasions when wet T-shirt contests promoted by a local radio personality had resulted in indecent exposure arrests for some patrons. Mr. Anastasopoulos said customers are told to leave when they break rules. Nicki Psaltis, daughter of Mr. Anastasopoulos, stated they are frustrated that they have lost sales and business because of what they have gone through during the past several years. She said the applicant has been singled out for unfair treatment by the City. Discussion resumed regarding conditional use history for the site. Jerry Charles Karlik, a former City of Clearwater police officer, related times when he felt the club had been singled out for more stringent enforcement than what is done in other clubs. In response to a question from Ms. Dougall-Sides, Mr. Karlik clarified for the record he was speaking in the capacity of a citizen in support of the applicant. No written support or opposition was expressed. Board members explained the trial period review process and outlined the applicant’s choices. The applicant indicated he would prefer to continue with his current operation for another year, rather than have his conditional use denied. It was indicated confusion had been caused by language in the staff recommendation referring to a new business owner or lessee, when that had not been the applicant’s intention. Consensus was to approve a one year trial period, during which time the applicant may choose whether to reopen the club on a temporary basis, or transfer the use pending Planning and Zoning Board approval. It was stressed the applicant will lose the conditional use if the business does not open during the 12 month trial period. Member Figurski moved to approve extending the 9 month trial period, with today beginning a one-year trial period to allow the owner to seek trial review of the conditional use with the original conditions, or to allow a purchaser to open the club on a temporary basis, pending Planning and Zoning Board approval of transfer of such use. The conditions of approval imposed March 18, 1997 are as follows: 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 prior to issuance of the requisite occupational license; 3) Sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 4) There shall be no outdoor entertainment; and 5) The applicant shall neither promote nor permit on the premises any live entertainment, competitions, contest, or any other activities which result in violations 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. The motion was duly seconded. One member stressed the only nightclub under review today is Jammin’z. The board does not have authority to send police to a nightclub, nor to test operations at clubs for adherence to Code or any conditions of approval that may have been attached to their conditional use approvals. Operations at other clubs mentioned during testimony today are not under the board’s authority. Staff was requested to forward a videotape copy of today’s hearing to City police and code enforcement departments for review. Upon the vote being taken, the motion carried unanimously. C. Conditional Uses C1. Shell Oil Company/Donald & Cheryl McCarthy (McCarthy & McCarthy Enterprises, Inc.) to permit package sales of beer and wine (new license) at 1502 South Belcher Rd., Sec. 24-29-15, M&B 44.01, zoned CG (General Commercial). CU 97-71 Ms. Glatthorn presented background information and written staff recommendations, listing staff’s recommendations for meeting code as part of the staff report. The applicant is requesting conditional use approval to allow alcoholic beverage package sales at an existing service station. The use has existed since 1991 on this site as the State license was issued in 1991 without City approval. Three service bays are being closed to extend and expand the sales area within the structure. Staff felt conditions support the request and recommended approval with one condition. In response to questions, Ms. Dougall-Sides said, unlike a building permit, a triple fee is not imposed as a penaly for operation without a conditional use. Operating under the incorrect occupational license would be a code violation. Cheryl McCarthy, the business owner/applicant, named the State employee who helped her obtain the State license. Ms.McCarthy was unaware of the additional City requirement. One member noted this is a situation where the State has issued a license without follow-up. No verbal or written support or opposition was expressed. Member Bickerstaffe move to approve Item C1, CU97-71, subject to the condition:  1) The requisite building permit and occupational license shall be obtained within six months from the public hearing date. Members Nixon, Bickerstaffe, Kunnen, Hilkert and Figurski voted “Aye;” Member Mazur voted “Nay.” D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text Amendment, and Local Planning Agency Review D1. 1573 Owen Drive, Orange Blossom Sub, Lot 7 (Kim Wayne Biser) A 97-13 ZONE: RS 4 (Single Family Residential) Ms. Glatthorn presented written background information and staff recommendations, stating staff recommends endorsement of annexation to obtain City sewer service. No verbal or written support or opposition was expressed. Member Figurski moved to endorse Item D1 to the City Commission. The motion was duly seconded and carried unanimously. D2. 1934 Atlantis Drive, Sunset Point Estates, Blk A, Lot 27 (Charlene J. Boatwright, Hubert L. & Mildred L. James) A 97-14 ZONE: RS 8 (Single Family Residential) Ms. Glatthorn presented written background information, stating staff recommends endorsement of annexation to obtain City sewer and garbage service. Member Nixon moved to endorse Item D2 to the City Commission. The motion was duly seconded and carried unanimously. Board and Staff Comments Chair Mazur requested staff to inform other advisory boards of his objection to applicants and representatives using a Planning and Zoning Board approval as an argument in favor of an applicant’s proposal when appearing before another board. Chair Mazur polled the members, inviting those interested in being considered for nomination as 1998 Chair or Vice Chair to throw their hats in the ring. Members Hilkert and Figurski indicated their interest in serving. Officer elections will be agendaed for the January 8 meeting. Regarding the 1998 meeting schedule, Mr. Mazur said a member had suggested having one meeting per month during July, August, and December. Mr. Mazur suggested following the City Commission’s schedule. Mr. Kunnen asked staff to investigate having one meeting per month, adding meetings if the agendas become overcrowded. It was indicated the Code sets forth two meetings per month, “generally,” leaving room for changes as needed. Ms. Nixon requested an updated list of code enforcement officers. Ms. Nixon stated she was highly insulted that the City Manager proposed to bring forward his review of development and Land Development Code changes, on an invitation-only basis, without inviting Planning and Zoning Board members. Mr. Hilkert expressed his disappointment as well. Mr. Kunnen questioned who was invited. He requested staff to obtain and copy the exclusive invitation list to the board. Adjournment The meeting adjourned at 3:27 p.m.