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Minutes - 01.18.2022 - SPECIAL - Planning & Zoning Commission MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION January 18, 2022 The meeting of the Planning & Zoning Commission was called to order on Tuesday, January 18, 2022 at 6:30 p.m. by Chairman Krzyminski. Members present were: Chairman Max Krzyminski, Vincent Niemiec, David Colby, Michael Gonzalez, Chuck Seaver, and Lavonte Rogers. Jane McAllister was not present. Also present for City staff was City Attorney Dan Mantzaris, Curt Henschel, Planning Director, Evie Wallace, Code Enforcement Supervisor, Jennifer Pierce, Fire Marshall, and Planning Coordinator Rae Chidlow. Also present was Cliff Shepard with Shepard, Smith, Kohlmyer & Hand, P.A. NEW BUSINESS Item #1: Resolution No. 2012-21— Lilly's on the Lake Request for revocation of Resolution No. 2012-21 and revocation of Certificate of Occupancy. City Attorney Mantzaris informed the Planning and Zoning Commission that there are two separate items to be considered: the first being the Conditional Use Permit (CUP) and the second being the Certificate of Occupancy (CO) for Lilly's on the Lake. The items are being considered in compliance with the City Code (14-62, 86-146). Since this is a quasi-judicial matter, all witnesses will be sworn in by the Clerk and must only speak to the items being presented. The Planning and Zoning Commission can ask questions at any time. The City's position will be presented by Attorney Cliff Shepard of Shepard, Smith, Kohlmyer and Hand. City Attorney Mantzaris advised the Planning and Zoning Commission that he will serve as legal counsel to the Commission. Attorney Cliff Shepard — City's Advocate. Attorney Shepard informed the Planning and Zoning Commission that City Attorney Mantzaris cannot serve both as prosecutor and advisor to the Commission; this is why Attorney Shepard is before them this evening. Attorney Shepard reviewed the rules and regulations governing quasi-judicial proceedings. He informed the Commission that due to children being present, salacious materials have been provided to the Council in a packet form and will not be displayed on the screen. He informed the public that these materials are public record and can be requested by the public. He informed the Commission that their decision needs to be based on evidence and not emotional testimony; and, they need to determine if the evidence provided is sufficient enough to support the City Manager's recommendation to revoke both the CUP and CO for the facility. Attorney Shepard informed those present that public comment is different than testimony and only those who wished to testify as a witness needed to be sworn in. For the record, Attorney Shepard informed the defendant that he was not her attorney, but did explain who would need to be sworn in for the defendant's side. Curt Henschel, Evie Wallace, Jennifer Pierce, and Verneka Strom was sworn in individually prior to their testimony. Page - 1 Attorney Shepard called Curt Henschel, Planning and Development Director Curt Henschel as his first witness. Mr. Henschel provided testimony pertaining to the purpose and meaning of the Certificate of Occupancy and Conditional Use Permit. Attorney Shepard called Code Enforcement Supervisor Evie Wallace as his second witness. Attorney Shepard asked Evie Wallace how long she has held her position. Ms. Wallace stated 8 '/2 to 9 years. Attorney Shepard asked if she was familiar with the property and how. Ms. Wallace stated that as a Code Enforcement Officer she is familiar with all properties of the city. Attorney Shepard asked if City's code allow adult entertainment at this property and what constitutes adult entertainment under Chapter 95 of the City's code and would a conditional use permit be required. He also asked if she observed adult entertainment at Lilly's and how many times. Ms. Wallace stated that adult entertainment is not allowed at this location. She stated that prohibited acts such as straddling and other subsections included. She stated that a conditional use permit would be required. She stated that she did observe adult entertainment one time at Lilly's on November 30, 2021. Attorney Shepard asked Ms. Wallace to describe what she saw the night of November 30, 2021. Ms. Wallace stated that she observed straddling, nudity, several customers being fondled, one dancer had no covering on his backside. She stated that it appeared a sexual act was performed by a customer to a dancer, and during that time from a dancer to a customer. Attorney Shepard referred to tab 7 and asked if Ms. Wallace recognize the photograph and asked her to describe. Ms. Wallace stated yes. She stated that the photo of a dancer that is nude on the back area. She stated that there were several photos taken. She stated that this photo depicts straddling. Attorney Shepard asked if that photo violated city code. Ms. Wallace stated yes. Attorney Shepard asked what caused you and other staff members to go to the club on November 30tn Ms. Wallace stated she was told by her Director to appear that night. Page - 2 Attorney Shepard asked if there were any other nudity beyond this photo and is any exposure of the male buttocks is considered nudity. Ms. Wallace stated that there were no other nudity, there were three male dancers with buttocks that were seen. Commissioner Seaver asked what is dividing the section of the restaurant where the event was occurring. Ms. Wallace stated that there was a pane glass window between the section where the pool tables and patrons eating and the events were happening. She stated the window was not covered so you could see the entertainment from the other section. Commissioner Rogers asked what time and day of the week the event happened. Ms. Wallace stated that she arrived about 7:30-8:00 pm and believes it was a Wednesday evening, but it was on November 30th. Commissioner Colby asked how long this activity lasted. Ms. Wallace stated she was there until about 10:00, so for a few hours. Commissioner Gonzalez asked if anybody from the restaurant try to stop this activity and long did the sexual act go on for. Ms. Wallace stated that no restaurant staff stopped anything and it went on for a while. Commissioner Niemiec asked if there were only 3 dancers for the show. Ms. Wallace stated that there were 3 dancers that showed their buttocks but there was about 5 dancers total. Commissioner Niemiec asked if anyone was eating during this time. Ms. Wallace stated that there were patrons eating. Commissioner Niemiec asked if there were any minors in the restaurant at the time. Ms. Wallace stated that she was not sure if there were any minors, meaning under the age of 18 in the restaurant at that time. Mr. Gonzalez asked if anyone could enter at any time or were there any bouncers. Ms. Wallace stated on the west side of the building anyone could walk in or out but on the side where the event was they had to pay to get in but there were no bouncers. Attorney Shepard called his second witness, Jennifer Pierce, Assistant Fire Chief and serves as Fire Marshall. Page - 3 Ms. Pierce stated that she has been with the City for about 8 years. She stated that part of her job as Fire Marshall includes uphold Fire Prevention Code, fire prevention from ground up, construction and annual inspections, licensing inspections and arson investigations. She stated that it is her job to enforce occupant loads in commercial buildings as well as ingress and egress of buildings. Attorney Shepard asked if on November 30, 2021 she went to Lilly's on the Lake to view that business for any of those violations. Ms. Pierce stated yes. She stated when she arrived the west side door was locked. Attorney Shepard asked was that a violation. Ms. Pierce stated yes. Attorney Shepard asked what is required as far as ingress and egress for businesses such as Lilly's on the Lake. Ms. Pierce stated that for Lilly's on the Lake it is very specific. She stated that Lilly's was 3 occupants away from the next level of requirements. She stated that as a condition of their certificate of occupancy is that the floor plan provided was the set floor plan. She stated that the tables and chairs or layout could not be moved for any reason. Attorney Shepard asked if there was a cap on the number of patrons that were permitted to be in at one time. Ms. Pierce stated that establishment is divided into 3 sections and the section where the event happened is allowed to have 36 occupants at one time. Attorney Shepard stated that Ms. Wallace testified that there was about 60 people in this area at the time of the event and asked was that accurate. Ms. Pierce stated yes. Attorney Shepard asked about the importance of ingress and egress in a situation such as an event like this. Ms. Pierce stated that sound is another component in an event of an emergency, the sound has to cut off so people can hear directions for exiting. She stated that you can see the exit sign above the sign that says Ladies Night, so obviously that exit was blocked. She stated that if you look into the other rooms where they exit out to the deck, those egress was blocked as well because the performers had set up their dressing rooms. She stated that after she arrived to the establishment she had them open the door that was locked. Attorney Shepard stated that Ms. Pierce announced to the establishment that she was with the fire department and there was an issue with egress and ingress, but did they have any concern about what was going on or change their behavior. Page - 4 Ms. Pierce stated no they did not change their behavior. She stated that she seen the advertisements about the event and she stated that she has visited the establishment numerous times previously to explain the limitations of the building to them what they could and could not do. She stated the event was advertised as masks required so that indicated that this would not be an outdoor event. She stated that when she spoke to the performers she was informed it was never meant to be an outdoor event. She stated that staff spoke with manager and they agreed to allow the event to continue since it was a paid event and that they would discuss the violations the next day. She stated the manager spoke to the owner and they agreed to pay the $60 an hour fire watch to allow them to continue with the event. She stated that as of today, the fees have not been paid. Commissioner Rogers asked if Ms. Pierce spoke to Vemeka about the event prior to the event. Ms. Pierce stated that she was told the event would be outdoor. Commissioner Rogers asked if patrons were in and if food was being served in the meeting room area. Ms. Pierce stated that they had moved the table and chairs out and put in pool tables for a pool league, so that was going on at the same time. Commissioner Rogers asked would that be another violation. Ms. Pierce stated yes. Commissioner Niemiec if they had any type of draping while the performers were getting dressed. Ms. Pierce stated that they had plastic sheeting which is also a fire hazard. Commissioner Gonzalez asked if the owner was on site during this event and how many violations were placed against the establishment. Ms. Pierce stated that Ms. Strom was not present and she cited Lilly's on the Lake 3 violations. Commissioner Seaver asked if the City has a special event process. Ms. Pierce stated that based on the conditional use permit that is currently in place they are allowed events and had they requested an event permit, they would have been denied. Commissioner Niemiec asked why only female staff members were present for the event. Ms. Pierce stated that it is just the nature of our job titles that they were the ones who were there. Chairman Krzyminski asked if the door with the sign to use other door was locked. Ms. Pierce stated yes the door was locked and they were cited for that violation. Page - 5 Chairman Krzyminski asked if there are booths on the approved floor plan. Ms. Pierce stated that booths are not on the floor plan where they were located at that time. Chairman Krzyminski asked how the event was described to you prior to the event. Ms. Pierce stated that she was told that this would be an outside event. Verneka Strom was asked to come to podium. Ms. Strom stated that she is the owner and acknowledge the violations and apologize. She stated that it was not her intention and she did not know they were not going to be outside or that there would be nudity. She stated that this was promotional company that she had never worked with prior. She stated that it was advertised on Facebook and they did have everything roped off for outside. She stated that her General Manager passed away and now have a new General Manager. She stated that she feels she did her best dealing with the situation. She stated that there was supposed to have choreograph and dancing. She stated that when she was told to update the fire suppression she received quotes. Commissioner Rogers asked how long the new General Manager has been working and did she receive training. Ms. Strom stated she was hired in October maybe and the manager is aware of the rules. Commissioner Niemiec asked if she gave instructions to manager to shut down the event if there was nudity. Ms. Strom stated that she did not know there would be any nudity. Commissioner Seaver asked if it would have made a difference if this had been held outside. Ms. Strom stated that no it would not have made a difference and she would not work with this group again. Chairman Krzyminski asked who made the decision to hold the event indoors. Ms. Strom stated the promoter. Chairman Krzyminski asked if she was aware that the floor arrangement could not be changed for anything. Ms. Strom stated that you can move them if you have the correct fire system. Chairman Krzyminski asked if the correct fire system in place. Ms. Strom stated she has the quotes. Page - 6 Attorney Shepard showed the Facebook advertisement that stated it was a Magic Mike show and it was sold out. Attorney Shepard provided his closing statement. Verneka Strom stated that she is willing to bring her architect in and work with staff to bring everything up to code. She stated that she hopes she is given the opportunity to make things right. Action: MOTION TO REVOKE Resolution No. 2012-21 was made by Commissioner Colby. Motion seconded by Commissioner Seaver. Passed unanimously. MOTION TO REVOKE the Certificate of Occupancy was made by Commissioner Colby. Motion seconded by Commissioner Seaver. Passed unanimously. With no further comments, Chairman Krzyminski adjourned the meeting at 8:48 P.M. Max zym' n ATTEST: 0 Rae Chidlow, Planning Coordinator Page - 7