BOOK 43 Page 15805 12/17/97 6:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF DECEMBER 17, 1997, AT 6:00 P.M. PRESENT : Mayor Gene Pillot, Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 (b) of the Charter of the City of Sarasota at 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 1. CONTINUED PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4007, AMENDING ARTICLE VI OF THE ZONING CODE PERTAINING TO REGULATIONS FOR SIDEWALK CAFES; AMENDING DESIGN STANDARDS; PROHIBITING SIDEWALK CAFES ON PROPERTY WITHIN A CERTAIN DISTANCE OF RESIDENTIALLY ZONED PROPERTY OR PROPERTY USED FOR RESIDENTIAL PURPOSES IN SPECIFIED ZONES; DEFINING TERMS; SETTING FORTH APPLICATION REQUIREMENTS FOR PERMITS FOR SIDEWALK CAFES; SETTING FORTH EXCEPTIONS: AMENDING PERFORMANCE STANDARDS; AMENDING STANDARDS FOR THE REVOCATION OF PERMITS FOR SIDEWALK CAFES; SETTING FORTH HOURS OF OPERATION FOR SIDEWALK CAFES; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) PASSED ON FIRST READING AS AMENDED TO: 1) REQUIRE SERVICE TO CEASE BETWEEN 11:59 P.M. AND 6 A.M. AND THE PERMIT AREA TO BE VACATED AT 1 A.M. 2) ELIMINATE THE FOUR- -FOOT DISTANCE REQUIREMENT BETWEEN TABLES, AND 3) DETERMINE THE PERMITTED NUMBER OF SEATS BASED ON THE CRITERIA USED TO REGULATE INTERIOR RESTAURANT SEATING (AGENDA ITEM I) #1 (0042) through #3 (3350) Dennis Daughters, Director of Engineering/City Engineer, and Sarah Schenk, City Attorney's Office, came before the Commission. Mr. Daughters stated that Ordinance No. 94-3815, adopted on March 20, 1995, set forth regulations for sidewalk cafes; that permits are currently issued for 29 sidewalk cafes, 12 of which are located on St. Armands Keyi that various residential concerns prompted a review of the regulationsi, that the amended language is proposed based on Staff review and revisions recommended by the Planning Board/Local Planning Agency (PBLP). Mr. Daughters gave a computerized slide presentation and provided detailed information on the following provisions of Section 6-32, Zoning Code, as amended by proposed Ordinance No. 97-4007: (d) Applications: : (7) requires a landscaping plan drawn by a licensed landscape architect be submitted if an applicant for a sidewalk cafe permit in the Commercial, Tourist (CT) Zone District desires to remove or add landscaping within the permit area. Commissioner Patterson asked if the permit area is the public area? Mr. Daughters stated yes; that the sidewalk cafe permit area will not include private property. (8) adds criteria regarding the denial of a sidewalk cafe permit based on an adverse or detrimental affect to the general health, safety and welfare of the neighborhood or community at large (f) Design Standards : (2) clarifies the requirement for a permittee to immediately cease the operation of a sidewalk cafe, remove all chairs, tables, and other objects from their permit area and to restore all paving, sidewalk, landscape, or surface of any, sidewalk when a revocable use permit is terminated or revoked (7) provides that no portion of the permit area of any sidewalk cafe in the CT Zone District can locate within 120 feet of a residentially zoned property or property used for residential purposes and clarifies the second floor of structures located in BOOK 43 Page 15806 12/17/97 6:00 P.M. BOOK 43 Page 15807 12/17/97 6:00 P.M. the CT Zone District which are occupied by owners or employees of commercial uses is not considered property used for residential purposes. (g) Performance Standards: (2) requires fixed tables and chairs in the CT Zone District to be maintained no less than three feet from a curb face abutting parking stalls and a minimum of three feet from such objects as streetlights and utility poles and requires a minimum of four feet clear distance between tables (3) requires portable tables in all zone districts be maintained no less than three feet from a curb face abutting parking stalls and a minimum of four feet clear distance between tables (9) requires the permittee to maintain a four-foot wide clear zone for pedestrian access through the permit area to the sidewalk, as measured from the designated space between parking stalls (10) limits the hours of operation in the permit area of sidewalk cafes in the CT Zone District by requiring the service of food and beverages to cease between 10 p.m. and 6 a.m. seven days per week and the permit area to be vacated no later than 11 p.m. (n) Revocation of Permit. Language is added to further define the grounds for revocation of permit Mr. Daughters stated that the amended regulations will apply to existing sidewalk cafes 20 days after the effective date of the ordinance; that businesses which have applications pending will have ten days from the effective date to provide the supplemental information required; that sidewalk cafes operating under an encroachment permit predating the initial Sidewalk Cafe Ordinance are not subject to the 120-foot minimum distance requirement. Commissioner Patterson asked if sidewalk cafes within 120 feet of a residential area currently exist in the CT Zone District? Mr. Daughters stated yes; however, the one sidewalk cafe affected by the distance requirement, Big Olaf Creamery on North Washington Drive, is exempted from the new regulations. Attorney Schenk stated that Big Olaf Creamery received an encroachment permit prior to the effective date of any sidewalk cafe ordinance and was subsequently issued a revocable use permit. Commissioner Cardamone asked if the exemption for Big Olaf Creamery will be indefinite? Attorney Schenk stated that the exception will continue only so long as the restaurant does not change the type or scope of business activities conducted; that the use cannot be intensified. Mr. Daughters stated that Staff recommends adopting proposed Ordinance No. 97-4007 on first reading. Attorney Schenk stated that the majority of the proposed ordinance applies to six zone districts in which sidewalk cafes are permitted: Commercial, Central Business District (C-CBD); Commercial, Neighborhood (CN); Commercial, Tourist (CT); Commercial, Business Newtown (CBN); North Trail (NT); and Theater and Arts District (TAD) ; that the regulations requiring a landscaping plan, a 120-foot minimum distance from residential, and restricting the hours of operation apply only in the CT Zone District; that the restriction on the hours of operation was recommended by the PBLP in response to public input heard regarding concerns with sidewalk cafes in the CT Zone District. Mr. Daughters referred to and explained a map displayed on the overhead projector depicting the location of existing sidewalk cafes on St. Armands Circle and the areas affected by the 120- foot minimum distance requirement. Commissioner Cardamone asked if the 120-foot minimum distance requirement is applicable in any areas other than on St. Armands Circle? Attorney Schenk stated no. Commissioner Patterson asked if the CBN Zone District was examined in terms of the potential effects of allowing sidewalk cafes to locate across from residential properties in the Newtown area? Mr. Daughters stated that Dr. Martin Luther King, Jr. (MLK) Way is eligible for sidewalk cafes; however, potential impacts on residences have not been examined. Commissioner Patterson asked if the encroachment permit process is outdated? Mr. Daughters stated yes; that encroachment permits were utilized prior to the adoption of the initial sidewalk cafe ordinance. Commissioner Patterson asked if the Administration would have the ability to deny a sidewalk cafe permit proposed for location BOOK 43 Page 15808 12/17/97 6:00 P.M. BOOK 43 Page 15809 12/17/97 6:00 P.M. directly next to a single-family residence in the CBN Zone District? Attorney Schenk stated that the City Manager could: 1) deny a revocable use permit by making one of the findings on page 4 of the proposed ordinance, e.g., the issuance of the permit would result in a violation of the intent and purpose of the Residential, Single-Family, (RSF) Zone District by allowing a commercial use to locate adjacent to a residential use or 2) use discretion in establishing hours of operation to mitigate negative impacts; that initiating a study to determine specific areas in the City where sidewalk cafes should not be permitted would be a third option. Commissioner Cardamone stated that concerns similar to those raised on St. Armands could become relevant on Dr. MLK Way in the future; and asked how distance requirements and hours of operations for the CBN Zone District could be established following the adoption of the proposed ordinance? Attorney Schenk stated that a Code amendment would be required; that the first step would be for the Planning Department to study the area, prepare appropriate maps, determine the basis for a distance requirement and appropriate hours of operation, and to bring forth a proposed ordinance for public hearings before the PBLP and the City Commission. Vice Mayor Dupree asked if the hours of operation applicable in the CBN Zone District could be changed when a sidewalk cafe permit is issued for a business on Dr. MLK Way? Attorney Schenk stated that the proposed ordinance does not limit the hours of operation for sidewalk cafes in zone districts other than the CT Zone District; however, the City Manager will have the authority to establish hours of operation as a condition of sidewalk cafe permits on a case-by-case basis; that the Commission also has the option of amending the Code to set forth hours of operation for sidewalk cafes in all zone districts. Vice Mayor Dupree stated that the hours of operation at a sidewalk cafe and at the main business could be different. Attorney Schenk stated that is correct. Commissioner Patterson asked the logic for proposing a 10 p.m. closing hour for sidewalk cafes and a different closing hour for open-air dining facilities? Attorney Schenk stated that the 10 p.m. restriction was recommended by the PBLP as a result of the public hearing on the sidewalk cafe ordinance where many residents of St. Armands Key who provided testimony supported 10 p.m. as a reasonable hour to require service to cease; that the proposed open-air dining ordinance, as applicable to open-air dining facilities permissible by special exception, requires service to cease between 11:59 p.m. and 6 a.m. unless the open-air dining facility is within 120 feet of residentially zoned property which would require service to cease between 10 p.m. and 6 a.m.; that the logic may have been the sidewalk is closer to residentially zoned property. Commissioner Merrill stated that sidewalk cafe permits are revocable by the City Manager; and asked the process followed prior to revoking a permit. Attorney Schenk stated that the permittee is given written notice and required to cease operation and remove all portable furniture within five days; that the permittee can appeal the revocation of the permit to the City Commission and be heard at the next regular meeting. Commissioner Merrill asked if a permittee who is found to have a chair closer than three feet to the curb is given the opportunity to correct the condition before the permit is revoked? Mr. Daughters stated yesi that the occurrence is common. Attorney Schenk stated that the notice specifies a time within which the permittee must correct the violation. Commissioner Merrill stated that the number of times a notice is issued is irrelevant; that the permit will not be revoked if the permittee corrects the condition within the time specified. Attorney Schenk stated that is correct. Commissioner Merrill referred to the 120-foot distance requirement; and asked the areas specifically targeted by inclusion of the phrase "or property used for residential purposes"? Attorney Schenk stated that the provision was included based on the PBLP's recommendation; that residential use of property in the CT Zone District is unlikely, except for the occupancy of second floors by owners or employees, which has been exempted; that the term "primarily residential use" included in the proposed noise ordinance is defined as a property used exclusively for residential purposes or which has more than 50 percent of the ground floor area or more than four units on the second floor used as residential; that a similar definition could be incorporated in the proposed sidewalk cafe ordinance. Commissioner Merrill stated that the phrase seems redundant; that a second-floor occupant could cease to be an employee and BOOK 43 Page 15810 12/17/97 6:00 P.M. BOOK 43 Page 15811 12/17/97 6:00 P.M. complain the sidewalk cafe on the lower level is violating the ordinance; that people who choose to reside in the CT Zone District should be aware and accept that sidewalk cafes are allowed; that the Administration's support of the PBLP's recommendation is not understood. City Attorney Taylor stated that sidewalk cafes are permitted on public right-of-way; that the attitude developed by private property owners regarding the use of the public right-of-way is of concern; that the City should maintain authority to regulate the sidewalk cafes and to cease the use if anything interferes with the public's right of use; that the proposed changes were recommended by the Administration to deal with problems encountered following the adoption of the original sidewalk cafe ordinance. Commissioner Merrill stated that the Zoning Code provides a mechanism for enforcement and references the number of times a violation can occur before further steps are taken; that revocation of the sidewalk cafe permit for minor infractions is of concern; and asked if a permittee cited for location of chairs within three feet of the curb three times within 30 days would be grounds for revocation of the sidewalk cafe permit? Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, came before the Commission and stated that the Engineering Department usually issues written notice of minor infractions; that an official code enforcement notice of the City's intent to issue a code enforcement citation imposing fines and penalties if the condition is not corrected would be sent if the permittee does not respond favorably to the Engineering Department's notice; that a specific process for revocation of sidewalk cafe permits is set forth in the Zoning Code; that attempts would be made to resolve the issue with the permittee before commencing the revocation process. Attorney Schenk stated that a violation of the sidewalk cafe provisions may be taken before the Code Enforcement Special Master; that the City Manager would have discretion either to commence the revocation process or to refer the issue to the Code Enforcement Department; that the permittee may appeal the revocation to the City Commission. City Attorney Taylor stated that revocation is not a summary action; that all permittees would receive a notice of violation and an opportunity to correct the condition. Commissioner Merrill stated that the frequency of minor infractions is the concerni and asked if the permit could be revoked if a problem occurs more than once but is corrected each time? Mr. Litchet stated that the permittee would be faced with the potential of a repeat violator's citation or revocation of the sidewalk cafe permit if the violation occurs frequently; that a repeat violator's citation, which imposes fines of up to $500 per day for the continued violation, could be issued by Code Enforcement prior to initiation of the revocation process. Mr. Daughters stated that contact with permittees regarding violations has occurred approximately 12 times since the sidewalk cafe ordinance was adopted 2.5 years ago; that only one permittee has been notified three times regarding encroachment of a chair and umbrella outside the permit area. Commissioner Merrill stated that the chair positioned in one location by the permittee may be moved by a patron; and asked if the regulations have been enforced based on the set up. or the actual positions of the chairs in which the patrons are sitting? Mr. Daughters stated that enforcement is primarily based on the set up; that infrequent random inspections are performed; that patrons are not asked to move if violations are observed; that the permittee is advised of the violation by telephone the next day and forwarded a letter; that the permittees when notified have corrected the conditions and retained the areas in compliance for a period of time following. Commissioner Cardamone that the public rights-of-way and sidewalks belong to all the citizens; that restaurateurs at no time should assume a right exists for their sole use of the property; that the tone of the letter dated December 17, 1997, from the Restaurant Task Force Committee is inappropriate; and cited the following: We are writing on behalf of the Florida Restaurant Association to express our significant concern and frustration regarding the above referenced Sidewalk cafe Ordinance No. 97-4007 and the Open-Air Dining Ordinance No. 98-4028; both of which are to be reviewed by the City Commission during its special meeting December 17, 1997. Our point is simply this, enough is enough! Our industry is being regulated by the City of Sarasota to the point where it becomes damaging and punitive. As business people and residents we understand clearly the need to protect the quality of life that makes our city great! However, these ordinances along with the recently adopted noise ordinances are not appropriate public policy response to the reactions of a very few. The ordinances effect the health of our businesses which are central to the tourism that means so much to the economy of the community. BOOK 43 Page 15812 12/17/97 6:00 P.M. BOOK 43 Page 15813 12/17/97 6:00 P.M. Commissioner Cardamone stated that the City of Sarasota had a viable business district before sidewalk cafes were allowed; that the Commission has made an accommodation for sidewalk cafes; however, use of the public right-of-way by restaurateurs is not a right; that maintaining an area acceptable to the merchants, residents, and people who enjoy walking in the vicinity of the sidewalk cafes is a responsibility; and requested that the threatening tone of "enough is enough" not be carried forward into the public hearing. Mayor Pillot opened the public hearing. City Auditor and Clerk Robinson stated that this is the first of two public hearings required; that the second public hearing will be held on January 6, 1998, at 6 p.m. The following people came before the Commission: Larry Marthaler, 655 North Tamiami Trail (34236) representing The Sarasota Convention and Visitors Bureau, stated that St. Armands Circle was a dull and uneventful place 10 years ago; that the dynamics of the Circle changed dramatically when outdoor dining began and merchants started keeping shops open past 6 p.m.i that St. Armands Circle is now an exciting, wonderful place for residents and visitors; that the proposed 10 p.m. closure for sidewalk cafes is not supported; that current laws provide for the revocation of permits; that unnecessary changes to the sidewalk cafe regulations which could negatively affect the vibrancy of St. Armands Circle should not be adopted. Martin Rappaport, Executive Director, Commercial Landowners Association of St. Armands, Inc. 1241 Tree Bay Lane (34242), stated that St. Armands, designated as the CT Zone District, is separated from all other zoning classifications because of its very nature and value of attracting tourists from all over the world; that European tourists are accustomed to having late dinners in an outdoor cafe style of ambiance, which is one of the qualities that attract tourists to St. Armands Circle; that the placement of unnecessary restrictions on outdoor dining would seriously affect the viability of St. Armands as a tourist attraction; that members from St. Armands associations representing the commercial landowners, the merchants, and the residents have been meeting together with the Deputy City Manager to develop a unified plan for St. Armands; that the plan will take into consideration the effects all issues may have on the entire Key; that the proposed changes pertaining to sidewalk cafes in the CT Zone District should be resolved by a committee of St. Armands representatives. Joel Freedman, 1819 Main Street (34236), representing Greater Sarasota Chamber of Commerce, that the Commission is attempting to balance residential and business interests, which is a difficult task; that the Commission is urged to listen with an open mind to understand what is necessary for the restaurateurs, who are experts in the field, to operate successfully; that the public has a right to access and have the right-of-way, managed properly; however, the basis for changing the regulations and imposing additional restrictions is not understood since a limited number of problems have occurred during the years sidewalk cafes have been allowed to operate. Craig Holliday, 1715 Hyde Park Street (34239), stated that his father, Jim Holliday, was an architect in Sarasota beginning in the early 1960s; that many changes have been viewed over the past 38 years; that the decisions made by the City Commission affect a tremendous number of people; therefore, issues should be thoroughly researched to avoid making the wrong decision; that the sidewalk cafe and open-air dining issues have a tremendous amount of background; that starting in the late 1970s and early 1980s the City of Sarasota spent a lot of time and money looking for ways to attract people to the Downtown, which was virtually a ghost town, and to St. Armands, which was not lively except during tourist season; that the plan developed by the Regional Urban Design Assistance Team (R/UDAT) envisioned pedestrian-only zones, retail, restaurants, sidewalk cafes and outdoor dining; that the concepts worked; that the Downtown and St. Armands, which were extremely quiet during the 1970s, are now lively with prospering businesses; that more people for more business have been attracted; however, a few loud and opinionated people desire quiet in the very areas where the City expended substantial time and money to bring people, which also brings noise; that the City has residential zone districts; that quiet is found in residential zone district located far away from commercial areas; that commercial areas and residential zone districts adjacent to commercial areas are noisy; that tourists will stop coming to vacation, relax, and spend money and businesses will relocate if people are not allowed to enjoy outdoor dining and have fun in the commercial areas. Commissioner Merrill asked the specific provisions which are viewed as a concern? Mr. Holliday stated that the negative effects of over regulating outdoor dining is his main concern; that many years were spent trying to attract people to Sarasota; that the people who are coming to Sarasota need places to go. Commissioner Merrill requested comment regarding the hours of operation and distance requirements. Mr. Holliday stated that hours of operation should be considered but reviewed as a cooperative effort; that sidewalk cafes should not be required to close before midnight on the weekends or 10 p.m. on the weekdays; that people who purchased homes adjacent to BOOK 43 Page 15814 12/17/97 6:00 P.M. BOOK 43 Page 15815 12/17/97 6:00 P.M. commercial buildings do not have an insulated barrier and should not expect the atmosphere to be quiet. Commissioner Merrill stated that many of the residential homes could have been purchased before outdoor dining was allowed in the CT Zone District. Commissioner Patterson stated that until four years ago, a special exception was required to provide open-air dining on private property anywhere in the City. Commissioner Cardamone requested speakers to provide input regarding specific provisions of proposed Ordinance No. 97-4007. Commissioner Merrill stated that sidewalk cafe regulations currently exist; that restricting the hours of operation and imposing a 120-foot distance requirement from residential are the two major changes on which input should be focused. George Brown, 35 South Washington Drive (34236), submitted for the record and read a written statement which provided his background experience, including one year of service on a board of adjustment and seven years on the Urban Redevelopment Commission in Webster Groves, Missouri, serving as chairman of the Metropolitan St. Louis Citizens' Council on Housing and Community Planning, and co-owning a restaurant and gift shop wife; and which referenced the following: The difficulty of regulating and enforcing operations at interfaces between commercial and residential zone districts is most easily minimized by providing buffer zones. Requiring revocable and renewable special use permits for certain uses is common and effective. Late night outdoor dining quickly changes to an open- bar type operation where drinking is the main endeavor. The city currently requires a minimum distance between bars and residential properties. Prohibiting sidewalk cafes within 120 feet of residential property is a reasonable compromise since most communities require 200-foot separations and prohibit the consumption of liquor in the space. Restricting the hours of operation by requiring service to cease by 10 p.m. and the area to be vacated by 11 p.m. is a reasonable compromise of the residents' objectives and the commercial interests. Charles D. Bailey, Attorney, Law Firm of Williams, Parker, Harrison, Dietz & Getzen, 200 South Orange Avenue (34236) and Louis Mettler, 604 Norsota Way (34242), representing Tommy Bahamas Tropical Cafe, stated that the Commission is involved in a legislative, policy-setting function; that the Commission's responsibility to balance the interests of residents adjacent to a commercial area and of business owners attempting to make a living operating restaurants is respected; however, the different level of expectations between residents who live adjacent to St. Armands Circle and residents who live on Bird Key or in Glen Oaks should be recognized; that St. Armands Key is a resort area; that residents choose to live adjacent to St. Armands Circle for easy access to a hub of activity; that the restaurants help sustain the economic viability of the City by offering employment opportunities and paying substantial taxes; that the 159 commercial properties on St. Armands have a combined assessed value of $70 million and pay sales tax totalling approximately $1 million on rentals and $9 million on gross retail sales. Attorney Bailey continued that he agrees the City has the right to regulate within the sidewalk area; however, the Commission should recognize the land beneath the sidewalk is owned by the abutting property owner; that the easement granted to the City prevents the property owner from utilizing the land at will; that the situation should be viewed as a joint stewardship versus an exclusive right to use. Attorney Bailey further stated that proposed Ordinance No. 97-4007 grants the City Manager discretion to deny a sidewalk cafe application if issuance of a permit is thought to be contrary to the stated intent of the Zoning Code or any provision thereof; that an application for a sidewalk cafe permit for Tommy Bahama's S Tropical Cafe was denied on that basis several months ago; that such discretion could result in arbitrary decisions; that specific guidelines should be set forth which would enable the applicant to determine if compliance will or will not be met when investment decisions are made. Attorney Bailey stated further that the 120-foot distance requirement essentially affects only one restaurant which has expressed an interest in securing a sidewalk cafe permit, Tommy Bahama's Tropical Cafe; that the rear portions of two other restaurants potentially affected by the requirement have not expressed an interest in securing a sidewalk cafe permit; that Big Olaf Creamery, which currently operates a sidewalk cafe within the affected area, has been exempted from the requirements; that applying the 120-foot distance requirement only to the CT Zone District is of concern; that more restrictive regulations on sidewalk cafes on St. Armands Circle is not appropriate given the economic benefits of the area; that the BOOK 43 Page 15816 12/17/97 6:00 P.M. BOOK 43 Page 15817 12/17/97 6:00 P.M. proposed sidewalk cafe regulations are viewed as redundant since the new noise regulations provide a mechanism to prevent adverse impacts on residential properties. Attorney Bailey stated further that Big Olaf Creamery had an encroachment permit which was not permanent and would have expired when the sidewalk cafe ordinance was enacted in 1995; that the benevolent treatment afforded Big Olaf Creamery is not understood but similar treatment for Tommy Bahama's Tropical Cafe would be appreciated. Commissioner Merrill requested input regarding an alternative which would achieve the goals the City is attempting to achieve by requiring a 120-foot distance requirement between sidewalk cafes and residential uses. Attorney Bailey stated that noise is the primary concern residential neighbors have with sidewalk cafes; that proposed Ordinance Nos. 97-4019 and 97-4024, regulating noise, which the Commission passed on first reading on December 8, 1997, set forth standards that will adequately address the residents' concerns with noise emanating from sidewalk cafes; that the 120-foot distance measured from residential boundaries is arbitrary, redundant, unnecessary regulation. Commissioner Merrill asked if the patrons or the restaurant owner would be cited for a violation of the noise ordinance? City Attorney Taylor stated that proposed Ordinance No. 97-4019 establishes noise regulations pertaining to amplified sound out of doors, e.g., not in a completely enclosed building; that the general noise ordinance prohibits noise defined as unreasonable noise; that the proprietor of the establishment would be cited if patrons at a sidewalk cafe create unreasonable noise. Commissioner Merrill stated that the sounds generated by patrons leaving establishments and walking down the sidewalk have been referenced as disturbing to residents. Attorney Bailey stated that patrons will leave the establishments whether service is provided indoors or outdoors. Commissioner Merrill stated that the number of patrons leaving the premises increases when additional seating is provided at a sidewalk cafe. Attorney Bailey stated that capacity is not the issue; that the issue is the location at which patrons are consuming food and beverage. Commissioner Merrill stated that a compromise whereby the restaurants can operate and the neighbors can sleep at night is desired; that a separation of space is the only approach which seems feasible. Attorney Bailey stated that the 120-foot distance requirement does not create a separation but prevents Tommy Bahama's Tropical Cafe, the only restaurant within the affected area which has expressed an interest in operating a sidewalk cafe, from creating the ambiance envisioned when the theme for the restaurant was developed and from effectively competing with surrounding businesses on St. Armands. Commissioner Cardamone requested input regarding the proposed hours of operation. Attorney Bailey stated that the differential on hours of operation between sidewalk cafes and open-air dining facilities could create difficulties; that a special exception granted in 1983 allows Tommy Bahama's Tropical Cafe to operate an open-air dining facility until midnight; that operational issues could be further addressed by the general manager of Tommy Bahama ' S Tropical Cafe, who has signed up to speak. Commissioner Patterson stated that sidewalk cafes do increase the capacity of restaurants; that 60 patrons dining outdoors, clattering plates and forks, and conversing generates noise; that regulating the activity by utilizing decibel meters to measure the sound and telling the proprietor to request the patrons to dine more quietly is not viewed as a feasible alternative. Attorney Bailey stated that the City currently prohibits excessive noise defined as unreasonable; that the provision should be deleted from the Code if the standard is not viewed as enforceable; that he thinks the standard is enforceable; that the sound levels of patrons are controlled through the business; that mitigating measures, i.e., restricting the number of tables, will be taken by a restaurateur who is cited for excessive noise. Commissioner Merrill stated that a sound level of 75 decibels was supported for proposed Ordinance No. 97-4019 since Main Street is the primary generator of outdoor amplified music and the majority of the receiving properties are 1,000 feet awayi however, the decibel levels established do not apply to human voice, clattering plates, etc. Mr. Mettler stated that tourists desire the ambiance of dining in an outdoor setting; that Tommy Bahama's Tropical Cafe wants to be a good neighbor and met with the St. Armands Residents Association suggesting self-imposed regulations, e.g., limiting the hours of operation, closing the sliding glass doors, and not playing music after certain hours; that the property was purchased with the intent of providing patrons with the BOOK 43 Page 15818 12/17/97 6:00 P.M. BOOK 43 Page 15819 12/17/97 6:00 P.M. opportunity to dine outdoors; and asked if businesses other than Tommy Bahama's Tropical Cafe have been denied sidewalk cafe permits? City Manager Sollenberger stated no. Commissioner Merrill stated that Tommy Bahama's Tropical Cafe is the restaurant which will be most affected by the proposed sidewalk regulations; and asked if attempts have been made to resolve the concerns of neighboring residents? Attorney Bailey stated that efforts were made to resolve issues with the residents prior to withdrawing the special exception request to expand the open-air dining facility at Tommy Bahama's Tropical Cafe; that a number of concessions were offered but the issues are still at impasse since the neighbors do not want to suffer any impacts from outdoor activities. Mr. Mettler stated that the inability to provide additional outdoor seating is negatively affecting his business; that buffered landscaping was proposed to mitigate potential impacts; that architectural renderings will be shown during the public hearing on proposed Ordinance No. 98-4028, regulating open-air dining. Mayor Pillot stated that proposed Ordinance No. 97-4007 does not address noise regulations; that input should be limited to the subject of the public hearing, which is sidewalk cafes. Commissioner Merrill stated that the 120-foot distance requirement is recommended to mitigate potential noise impacts. Gregory Arthur, 835 South Osprey Avenue #108 (34236) representing Morton's Market, stated that the 29 businesses issued sidewalk cafe permits are complying with the current regulations, which are viewed as sufficient; that the proposed restriction requiring service to cease at 10 p.m. is viewed as inappropriate and unfair to those patrons who prefer to dine from 8:30 p.m. to 10 p.m. at a restaurant location and to enjoy coffee and dessert at a sidewalk cafe. Martin Portnoy, 316 Arthur Drive (34236), stated that 67 tables are currently located in the public right-of-way on St. Armands; that the distance between the main establishment and the tables for the sidewalk cafe is less than five feet at one location; that the area, with waiters serving, etc., is virtually impassable; that creating an area similar to South Beach in Miami, Florida, should be avoided; that regulation of outdoor dining is urged. Gerry Bailey, 58 South Washington Drive (34236), stated that walkers on St. Armands Circle are required to navigate various obstacles, i.e., chairs pushed into the sidewalk area, but the atmosphere created by the sidewalk cafes during the daytime and early evening hours is tolerable; that the character of the sidewalk cafes change as the hour gets later; that patrons are more likely to stand on the sidewalk with drinks and vehicles tend to slow to converse with patrons sitting at the tables; that the proposed ordinance which requires service to cease at 10 p.m. provides a reasonable compromise between the merchants' needs and the residents' desires; that the proposed ordinance is strongly supported. Commissioner Merrill asked if the impacts to walkers on St. Armands Circle versus the potential impacts to neighboring residents is the primary concern? Ms. Bailey stated that the sidewalk cafes impact those who reside directly adjacent to St. Armands Circle; however, residents who regularly walk the circle at night have difficulty passing through the bar-type atmosphere created at the sidewalk cafes. Joseph Terrone, President, Florida Restaurant Association. Sarasota Chapter, and Co-Chairman of the Restaurant Task Force Committee, 1780 North Honore Avenue (34235), submitted for the record approximately 1,000 signatures to a petition which read as follows : Stop Outdoor Restrictions on Restaurant/Bars We the undersigned oppose the 2 City of Sarasota Ordinances restricting sidewalk cafes and outdoor dining. We the undersigned believe that the current ordinances adequately regulate sidewalk cafes and outdoor dining. Mr. Terrone stated that reference to the letter from the Restaurant Task Force Committee was taken out of context; that the letter basically states the existing regulations are sufficient; that the restaurateurs are willing to work with nearby residents to mitigate potential impacts; that one-third of the total seating capacity at some of restaurants is provided outdoors; that the proposed regulations could effectively prohibit outdoor dining which would result in a loss of jobs; that approximately 3,500 workers are employed by the restaurant industry within the City limits; that approximately 18 percent of the restaurants provide outdoor cafes; that restaurateurs are concerned the restrictions proposed for the CT Zone District will be expanded to apply in other zone districts; that concern is raised with the distance requirement and hours of operation restriction. Mr. Terrone submitted for the record a copy of the letter dated December 17, 1997, from the Restaurant Task Force Committee to Honorable Gene Pillot, Mayor, and City Commissioners; and stated that members of the Restaurant Task Force Committee would like to BOOK 43 Page 15820 12/17/97 6:00 P.M. BOOK 43 Page 15821 12/17/97 6:00 P.M. participate on any City committees established to address outdoor dining issues. Commissioner Patterson stated that she shops regularly at Morton's Market and has been asked twice to sign the petition submitted; that the two clerks requested her signature by stating comments similar to: "Would you sign this petition, the City is trying to ban all outdoor dining?" Mr. Terrone stated that those were not the instructions given to the clerks; that, hopefully, the people read the petition; that the issue will be addressed at the next Task Force Committee meeting. Commissioner Merrill asked if hours of operation are viewed as reasonable and, if sO, which hours could be supported? Mr. Terrone stated that closure at midnight would be viewed as reasonable; however, the restaurant industry has adapted to and would prefer to continue complying with the existing sidewalk cafe regulations. Commissioner Patterson asked if the Zoning Code currently provides hours of operation for sidewalk cafes? City Attorney Taylor stated no. Mr. Terrone stated that special exceptions for outdoor dining have limited the hours of operation to midnight. Commissioner Cardamone stated that operating a sidewalk cafe is a privilege. Mayor Pillot stated that the right of petition is respected; however, people sometimes sign without understanding the petition; that thousands of signatures to a petition requesting revocation of the Declaration of Independence were collected in New York City as part of a study conducted by a university to prove a social point; that several of the signatures on the petition submitted are not legible; that knowing who is petitioning the City is important to the Commission. Michael Klauber, 1212 East Avenue South (34239), representing Michael's Corporation. Inc., stated that he currently operates four food and beverage businesses within the City of Sarasota, three of which potentially could be affected by the new regulations proposed for outdoor dining; that the City's foresight in providing for sidewalk cafes is commended; that the restaurant industry recognizes the ability to use the public right-of-way for outdoor dining is a gift from the City; that the sidewalk cafes have enhanced food and beverage sales for businesses and the dining experiences of tourists and residents; that the overly restrictive nature of the proposed sidewalk cafe and open-air dining ordinances is unfair to an already heavily regulated industry; that the existing ordinances are sufficient; that the City currently has extensive rules to regulate disturbances and code enforcement procedures to regulate specific problems; that open-air dining on private property or on the sidewalk is one of unique amenities of the City; that research should be performed to evaluate the economic impact additional restrictions on outdoor dining would have on businesses and the community before changes to the existing regulations are considered. Commissioner Merrill asked if hours of operation are viewed as reasonable and, if SO, which hours could be supported? Mr. Klauber stated that providing specific restrictions on the hours of operation in the Zoning Code is not necessary; that the City Manager has the authority to restrict the hours of operation when permits are issued. Commissioner Merrill asked if the hours of operation are restricted on the permits issued for the three sidewalk cafes operated? Mr. Klauber stated no. Troy Syprett, 5117 Sandy Cove Avenue (34242), representing the Florida Restaurant Association, stated that he operates two restaurants, one on Siesta Key and one in the City of Sarasota; that balancing the needs of business owners and residents who live adjacent to commercial areas is a difficult task; that many of the commercial districts were established before the residential areas; that the use of commercial areas change over time; that residents who live adjacent to viable commercial areas should expect an added noise level. Mr. Syprett continued that one of the City's goals is to achieve economic vitality through healthy business and quality job opportunities; that restaurants, which may not be envisioned as offering high-quality employment, provide a high quality of life for employees; that the restaurants are heavily regulated and have one of the highest failure rates of any industry; that the ability to operate sidewalk cafes has provided restaurants with a greater chance at success; that the sun does not set until 9:30 p.m. during the summer months; that hours of operation requiring service to cease at 10 p.m. will prevent patrons who prefer to dine at 9 p.m. or 9:30 p.m. from enjoying an outdoor dining experience. Mr. Syprett further stated that use of the public right-of-way for sidewalk cafes has provided areas of enjoyment for residents and financial opportunities for businesses, both of which help improve the community overall; that the activities occurring at the sidewalk cafes should be regulated; however, the existing BOOK 43 Page 15822 12/17/97 6:00 P.M. BOOK 43 Page 15823 12/17/97 6:00 P.M. regulations, which provide the ability for the City Manager to limit and regulate not only the hours of operation but also the use and size of the dining areas, are sufficient; that 29 sidewalk cafes permits have been issued; that the proposed changes will effectively limit the number of additional permits which will be issued; that requiring a licensed landscape architect to design a plan for the permit area increases the cost to the owner; that relocation of similar landscape elsewhere on the property may not be feasible in all cases. May Jang, 4619 Country Manor Drive (34233), representing Florida Restaurant Association, stated that the majority of the 200 restaurants in the City of Sarasota are operated by small business owners; that restaurants are subject to regulation by industry, State, and local agencies; that the existing City regulations for sidewalk cafes and open-air dining are sufficient; that the City's Codes provide for enforcement; that requiring service at sidewalk cafes to cease at 10 p.m. is unreasonable; that two hours is required for fine dining; that the hours of operation should be restricted on a case-by-case basis; that concern is raised with the potential of the 120-foot distance requirement being applied to other zone districts if the restriction is applied to the CT Zone District; that residents adjacent to other commercial areas request similar treatment; that a committee, comprised of restaurateurs and residents, should be established to review the ramifications of the proposed changes. Casey Gonzmart, 2025 East Seventh Avenue (33605) representing the Columbia Restaurant and Cha Cha Coconuts, stated that restaurants operated by his family on St. Armands Circle will be directly affected by proposed Ordinance No. 97-4007; that the opportunity to operate a sidewalk cafe in the permit area is recognized as a privilege; that the restaurateurs are providing a service not only for tourists but also for residents; that customers love dining outdoors under the stars enjoying the ambiance and amenities of Florida; that dining is an experience which should not be rushed; that the existing ordinance does not include time restrictions for sidewalk cafes; that the proposed hours of operation requiring service to cease at 10 p.m. will negatively impact his customersi; that reasonable hours of operation which respect the restaurants' customers and guests and provide for complete service of meals could be supported; that the separation between tables should be based on common sense not a regulatory distance requirement; that the restaurateurs have complied with the existing regulations and would not make customers uncomfortable by overcrowding the permit area with tables; that the sidewalk cafes at Cha Cha Coconuts and the Columbia both have fewer seats than allowed by the permits issued. Commissioner Patterson stated that the proposed ordinance requires a four-foot separation between tables, assumedly, to limit the total number of tables allowed; that large groups often adjoin two tables to make one larger table; and asked the approximate distance allowed between tables inside restaurants? Mr. Gonzmart stated that the distance between tables is not regulated inside a restaurant; that the number of seats allowed is based on square footage; that regulating the sidewalk cafes based on 15 square feet per chair would provide a similar effect. Commissioner Patterson asked the number of seats currently provided at the sidewalk cafes operated by the Gonzmart family? Mr. Gonzmart stated that the Columbia restaurant has approximately 30 to 32 seats and Cha Cha Coconuts has approximately 55 to 60 seats; that the number of seats is fewer than that which would be allowed based on 15 square feet per chair. Commissioner Patterson stated that the tables at the sidewalk cafes are physically closer together than the tables inside the restaurants; that the chairs at both cafes have been viewed within inches of the curb. Mr. Gonzmart stated that the managers at Cha Cha Coconuts and the Columbia, who have respect for the law, have physically drawn lines delineating the boundaries of the permit areas and have advised personnel as to proper positioning of the tables. Commissioner Patterson stated that the proposed ordinance requires service to cease at 10 p.m. and the area to be vacated by 11 p.m.i that requiring a last seating at 8:30 p.m. may not be reasonable; and requested input on a reasonable alternative. Mr. Gonzmart stated that complete service of a meal takes approximately two hours; that requiring service to cease at midnight would provide for a last seating slightly before 10 p.m. and is viewed as a reasonable time. Commissioner Patterson stated that residents have complained the character of the sidewalk cafes at midnight resembles a bar atmosphere versus a restaurant. Mr. Gonzmart stated that the Zoning Code requires the purchase of food from the menu for alcoholic beverages to be served at the sidewalk cafes. Commissioner Patterson asked if customers who finish their meals at 10 p.m. would be prevented from continuing to consume bottles of wine until midnight? BOOK 43 Page 15824 12/17/97 6:00 P.M. BOOK 43 Page 15825 12/17/97 6:00 P.M. Mr. Gonzmart stated no; that the customers would be allowed to complete their dining experience until the time required by law for the seats to be vacated; that making the surrounding residents comfortable is desired; however, requiring service to cease at 10 p.m. is not reasonable and would not be well received by Sarasota residents who enjoy dining at the sidewalk cafes. Mayor Pillot stated that customers would voluntarily vacate the tables shortly afterwards if service of food and beverage ceased at 11:59 p.m. Mr. Gonzmart stated that is correct. Commissioner Cardamone asked the closing time of the Columbia restaurant? Mr. Gonzmart stated midnight. Commissioner Cardamone asked what customers who arrive at the Columbia at 11:45 p.m. are told? Mr. Gonzmart stated that those customers are told the restaurant is Closed; however, customers who are enjoying a meal are not asked to leave at 11:45 p.m. Commissioner Cardamone stated that restaurants have closing hours; that dining customers are allowed to complete their meals but the manager locks the doors and the clearing of tablecloths, etc., begins. Mayor Pillot stated that the chart provided in the Agenda material indicates the following pertaining to the number of seats at the sidewalk cafes: Business Permitted Actual Proposed Cha Cha Coconuts 64 60 40 Columbia 32 28 20 Commissioner Merrill asked if customers like to pull two tables together? Mr. Gonzmart stated yes; that the proposed ordinance would prohibit families from adjoining two tables and sitting together. Mayor Pillot stated that reserving proper access to the sidewalk and an opportunity for motorists to disembark safely from vehicles is a responsibility of the Commission; however, the private enterprise system and customers will dictate whether the tables are too close together or too far apart. Mr. Gonzmart stated that is correct; that his businesses operate within the law; however, the proposed regulation requiring a four-foot distance between tables would negatively affect his customers. Commissioner Cardamone asked if adjoining two tables essentially creates one table, which has one server and receives one check. Mr. Gonzmart stated yes; however, separate checks are often requested by the customers and prepared by the server. Tom Dillon, 500 South Washington Drive (34236), stated that the Kingston Arms condominium complex, bordering South Washington Drive and Monroe Avenue, is adjacent to Tommy Bahama 's Tropical Cafe; that although he is the president of the Kingston Arms condominium association, his statements represent only personal views since the proposed ordinance has not been discussed by the Board of Directors; that the Board met several times when the special exception petition for Tommy Bahama's was under consideration; that the Board found Tommy Bahama 's to be accommodating in making reasonable concessions to address residents' concerns and supported the petition. Mr. Dillon continued that the 120-foot distance requirement is of concern; that the distance from the property lines of adjacent commercial businesses to the nearest residence at Kingston Arms is less than 120 feet; and asked if sidewalk cafes would be prohibited at the Swiss Coffee House, Morty's Bagel Cafe, and Barnie's Coffee and Tea? City Attorney Taylor stated no; that the distance is not measured from property line to property line but from the Closest residential property line to the permit area, which is the physical location at which the tables for the sidewalk cafe will be placed. Mr. Dillon asked if measurements have been taken to identify the specific areas which will be affected by the 120-foot distance requirement? Mr. Daughters came forward and stated yes; that the map displayed on the overhead projector shows the locations on St. Armands Circle where sidewalk cafe permits have been issued and the areas which will be affected by the 120-foot minimum distance requirement. Mr. Dillon stated that Kilwin's Chocolate is popular; that customers block access on the sidewalk while waiting to enter and continuously utilize the City-maintained bench located in front of the business after exiting; that the bench is located approximately three feet from the curb. Nancy Cook, Chair, St. Armands Long Range Planning Committee, 444 North Washinqton Drive (34236) representing St. Armands Residents Association, stated that preparation of the proposed ordinance was directed in response to concerns raised regarding disruptive activities generated by outdoor dining on St. Armands; that the existing ordinance does not require any restrictions on BOOK 43 Page 15826 12/17/97 6:00 P.M. BOOK 43 Page 15827 12/17/97 6:00 P.M. sidewalk cafes abutting residences; that self-regulation by the businesses has not worked on St. Armands; that Code regulations. are necessary to protect surrounding residents from the negative impacts of sidewalk cafes; that the CT Zone District should not be exempted from the City's Codes; that more than half of the property on St. Armands Key is residential; that St. Armands residents deserve consideration when ordinances are adopted; that the tenor of commercial is changing; that the tenor of residential has remained consistent or improved. Mrs. Cook continued that Mr. Rappaport referenced a committee comprised of representatives from the St. Armands Residents Association, St. Armands Circle Association, and Commercial Landowners Association of St. Armands, Inc.; that only one organizational meeting has been held with V. Peter Schneider, Deputy City Manager; that issues concerning the composition of the Board have yet to be resolved; that the intent of the committee is to work cooperatively in resolving mutual problems not to focus on public policy decisions. Mrs. Cook further stated that the atmosphere at the sidewalk cafes changes to a bar-type setting after 10 p.m.i that single people stand around talking to people who are seated at the table; that alcoholic beverages are served without food; that the issues need to be addressed; that proposed Ordinance No. 97-4007 is supported. Nick Ragni, Manager, Tommy Bahama's Tropical Cafe, 300 John Ringling Boulevard, stated that concessions have been made to address concerns raised by residents when Tommy Bahama 's Tropical Cafe first opened; that discussions held with residents of Kingston Arms have resulted in positive changes and a productive working relationship; that the proposed ordinance, developed by people who are not in the restaurant industry or affected by potential impacts, is not appropriate; that a committee comprised of restaurateurs, commercial landowners, and residents of St. Armands should be established to resolve the issues regarding sidewalk cafes; that the Commission is receiving input from people who are upset and angry for various reasons; that the restaurateurs are willing to work toward a reasonable solution; that a result achieved through a cooperative effort between the residents, business owners, and landowners would be more beneficial to the various interests than the Commission's enacting the proposed ordinance. Commissioner Cardamone asked if the balcony area on the second floor of Tommy Bahama's Tropical Cafe could be enclosed by glass? Mr. Ragni stated that, structurally, the area could be enclosed; however, an enclosed glass area would not be consistent with the theme or character of a tropical cafe. Commissioner Merrill asked if discussions have been held and accommodations reached with other neighbors located within several hundred feet of Tommy Bahama's Tropical Cafe? Mr. Ragni stated that several meetings have taken place but the residents are not willing to compromise; that Tommy Bahama's Tropical Cafe has eliminated seats, repositioned seating further from South Washington Drive, and offered to close the sliding glass doors after 10 p.m.; that a successful business is desired; that continued attempts will be made to resolve the issues. Marlow Cook, 444 North Washinqton Drive (34236), stated that the distance between tables has been referenced; that many of the fire hydrants on St. Armands Circle are adjacent to the buildings versus at the curb; that the Fire Codes should be researched before eliminating the proposed four-foot separation between tables is considered. Mayor Pillot stated that the point raised is valid in terms of fixed tables; that his comments were in reference to portable tables, which can easily be moved in the event of a fire or other emergency. Mr. Cook stated that restaurateurs have taken advantage of the limited regulations imposed when the Sidewalk Cafe Ordinance was originally passed in 1995; that the St. Armands Residents Association actively pursued regulation on the hours of operation because the noise impacts have increased as the number and size of sidewalk cafes have increased; that although the privilege afforded by the Commission has allowed some restaurants to more than double overall seating capacity, the City receives only $100 annually for each sidewalk cafe permit issued; that the sidewalk cafes are overusing the right-of-way; that the number of seats at the Columbia restaurant is fewer than permitted because larger- sized tables are utilized; that reducing the distance from the curb to the tables from four feet to three feet is proposed to accommodate the larger-sized tables; that three feet is insufficient space for citizens to exit vehicles onto the sidewalk; that the Columbia restaurant has been extended and a waiter's table positioned on the sidewalk; that additional seats will probably be placed in the cleared area adjacent to Cha Cha Coconuts; that a five-foot or six-foot wide sidewalk should be preserved. Mr. Cook further stated that although outdoor dining is supported by the St. Armands Residents Association, regulation on the hours of operation is necessary especially, for businesses operating on the corners of North and South Washington Drives, East and West Monroe Drives, and Madison and Adams Drives and which face residential properties. BOOK 43 Page 15828 12/17/97 6:00 P.M. BOOK 43 Page 15829 12/17/97 6:00 P.M. Mr. Cook stated further that a special exception for open-air dining was granted when the French Hearth operated at the current location of Tommy Bahama's Tropical Cafe; that the special exception permitted 12 seats in 175 square feet of space and was granted for a beer and wine license only; that Mr. Mettler wanted to expand the 12 seats to 24 seats and to add 48 seats at a sidewalk cafe, directly across from residential properties. Mr. Cook stated further that the restaurateurs have not been considerate of the residents; that various violations are on file at the police station; that numerous residents have complained about the noise emanating from Cha Cha Coconuts and from the Columbia; that the residents do not object to outdoor dining but to restaurants which misuse the privilege granted for use of the public right-of-way; that additional regulation is necessary; that requiring orders to cease at 10 p.m. and the seats at sidewalk cafes on St. Armands Circle to be vacated by 11:59 p.m. is reasonable. Commissioner Patterson stated that the proposed ordinance requires "service" to cease at 10 p.m. Mr. Cook stated that he thought 10 p.m. referred to the last order which could be taken, which is not objectionable. Jane Carrigan, 101 North Adams Drive (34236), representing the St. Armands Residents Association, stated that residents enjoy outdoor dining at sidewalk cafes and open-air dining facilities; however, limitations such as distance requirements and hours of operations are necessary to address issues including noise, parking, traffic, and the free-flow of pedestrian access through and to all publicly-owned sidewalks; that parking regulations require one parking space for every three seats in a restaurant in all commercial zone districts except the CT Zone District; that other zone districts require one parking space per 150 to 300 square feet of commercial space; that the parking requirement for commercial space in the CT Zone District is less restrictive at one parking space per 350 square feet; that increasing the number of open-air dining and sidewalk cafe seats without providing for additional parking will negatively impact parking availability for merchants' customers; that City documents indicate pedestrian safety is of utmost consideration when an area is separated by a major or minor roadway; that the inner circle of St. Armands is surrounded by a major arterial roadway which also serves as an evacuation route carrying 19,000 vehicles daily to Longboat Key; that limitations on the restaurants are necessary for the public good, for the merchants who cannot sell their wares on the public sidewalk but whose customers should be able to walk on unimpeded sidewalks, for the residents who need relief from noise and late evening traffic, and for commuters traveling home to Lido Beach, Lido Shores, and Longboat Key from an evening event on the mainland. Ms. Carrigan continued that the proposed hours of operation are interpreted as requiring the last order to be taken at 10 p.m. and the seats to be empty at 11 p.m. Commissioner Cardamone stated that a patron being seated at 9:45 p.m. could be told the sidewalk cafe will close at 11 p.m., service will be provided as quickly as possible, but relocation to the interior restaurant will be necessary at 11 p.m. Ms. Carrigan stated that is correct. Michael Furen, Attorney, Law Firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, 2033 Main Street (34237), representing the Gonzmart Family interests on St. Armands Circle, stated that the Gonzmart family are responsible restaurateurs who have reacted to complaints and addressed reasonable concerns and will continue to do sO in the future; that the reason for singling out and proposing stricter restrictions on one of the most vibrant areas of the City, St. Armands Circle, is not understood; that the CT Zone District has been singled out for discriminatory treatment in proposed Ordinance No. 97-4007. Attorney Furen stated that the Commission has a responsibility to question the purpose for further regulation of private enterprise; that during the various public hearings on noise, sidewalk cafes, and open-air dining, citizens have not referenced difficulty in exiting vehicles to access business establishments on St. Armands Circle or with dining in a cafe setting; that noise has been the primary concern referenced; that on December 8, 1997, proposed Ordinance No. 97-4019, regulating noise, was passed on first reading; that second reading of the noise ordinance is scheduled in January 1998; that the effects the noise ordinance will have in addressing stated concerns with outdoor dining should be assessed; that mandating clear sidewalks beyond the permit area is not an unreasonable regulation; however, the application of the proposed hours of operation is too broad; that Mr. Cook referenced protection from sidewalk cafes located on the corners of streets facing residential uses; that Cha Cha Coconuts and the Columbia restaurant are not located on such cornersi that Mrs. Cook indicated to the PBLP that applying the proposed hours of operation to Cha Cha Coconuts and the Columbia restaurant would be unfair since the concerns were with sidewalk cafes located in direct proximity to residential uses; that the City should review each particular instance and attempt to develop a tiered approach to regulation, if further regulation is viewed as necessary. Attorney Furen referred to the chart outlining the number of seats at sidewalk cafes on St. Armands; and stated that the proposed ordinance would reduce the permitted number of seats at BOOK 43 Page 15830 12/17/97 6:00 P.M. BOOK 43 Page 15831 12/17/97 6:00 P.M. Cha Cha Coconuts from 64 (actual 60) to 40 and at the Columbia from 32 (actual 28) to 20. Attorney Furen continued that concerns specific to outdoor dining have not been raised; that the Commission should determine the purpose before attempting to regulate sidewalk cafes; that the following questions should be asked: What are we attempting to regulate? What actually is the problem? Is the problem outdoor dining, sidewalk cafes, per say, or outdoor facilities in particular locations? Do we really need further regulation of sidewalk cafes? Should consideration of further regulation for sidewalk cafes be deferred pending evaluation as to whether the new noise regulations solve the concerns raised regarding outdoor dining, which primarily have been related to noise impacts? Attorney Furen stated that the hours of operation as drafted in the proposed ordinance apply only to the CT Zone District and require the waiters to stop serving at 10 p.m.i that Mr. Gonzmart in an attempt to be a good neighbor and to address concerns raised, although viewed as unfounded, is willing to accept an 11:59 p.m. cessation of service of food or beverages. Ned Parsekian, 460 North Washington Drive (34236), stated that St. Armands has a reputation worldwide of having a beautiful circle with fine boutiques, antique and novelty shops, and jewelry stores around which people with or without family members can stroll and enjoy an evening; that the sidewalk cafes located in the public right-of-way are not what attract people to St. Armands; that the public has the right to unobstructed sidewalks; that the sidewalk on St. Armands Circle is obstructed by activities occurring at the sidewalk cafes; that serving carts are positioned on the sidewalk area while patrons are served; that thousands of people stroll the Circle in the evening; that passersby cannot walk comfortably past Cha Cha Coconuts at night; that citizens cannot open vehicle doors and exit onto the sidewalk in front of Cha Cha Coconuts because the tables are within two feet of the curb; that, in addition, three parking spaces in front of Cha Cha Coconuts are utilized for valet parking service which causes congestion and brings traffic on a major thoroughfare to a halt at times; that use of the public right-of-way is being abused; that certain sidewalk cafes change into bars in the evening; that landscaping should not be removed to increase seating capacity; that balance between the residential and commercial interests is necessaryi therefore, the PBLP has recommended further regulation of sidewalk cafes. Nancy Laudando, 412 Bowdoin Circle (34236), stated that she has resided on Lido Key for seven yearsi that outdoor dining is popular; that the existing regulations should be maintained; that friends and tourists enjoy the ability to sit outside and dine or stroll around St. Armands Circle while enjoying the night air and viewing the moon and the stars; that Sarasota is not a place only for retirees; that the City should not shut down at 10 p.m.; that younger, qualified professionals move from Florida to other states after completing college; that attempts should be made to cater to and retain a younger generation in Sarasota; that St. Armands Circle and Main Street Downtown were commercial areas long before the people currently residing in the surrounding homes moved in; that ceasing service at 11:59 p.m. and vacating the premises at 1 a.m. should be considered if hours of operation will be imposed on sidewalk cafes. John Monetti, General Manager, Columbia restaurant, 2701 Avenue C, Holmes Beach (34217), read in its entirety the following letter on behalf of the Board of Directors for the St. Armands Circle Association, a merchant-based organization: The St. Armands Circle Association would like to weigh in on the proposed ordinances regarding regulations on noise or sidewalk and open-air dining. We feel that an ordinance equitable to all parties in regard to noise needs to be written, passed, and enforced with consideration given to the unique and differing needs of the various areas of the City. We feel this is a singular issue which once resolved will enhance the overall community and allay many concerns. In regard to proposed ordinances regarding open-air and sidewalk cafes, we feel the current ordinances are sufficient and no other restrictions should be enacted. There are over ten establishments on St. Armands alone which have seating which could be directly adversely affected by the proposed open-air and sidewalk dining ordinances and these adverse effects would be felt by the entire business community of St. Armands. It is clear that the visitors to the business community of St. Armands Circle, a commercial-tourist designated area, favor the concept of dining in an open-air or sidewalk atmosphere. To restrict that which has developed and has proven to be a clearly successful concept would be a mistake, detrimental to the goals of our association, and something to which we feel we need to register both our displeasure and disapproval. Mr. Monetti stated that his own thoughts are also offered for consideration; that the proposed ordinances as drafted would BOOK 43 Page 15832 12/17/97 6:00 P.M. BOOK 43 Page 15833 12/17/97 6:00 P.M. directly and negatively affect restaurants such as Charley's Crab, Cafe L'Europe, Hemingways, and numerous others on St. Armands, including the Columbia restaurant; that the inherent problem presented by outdoor dining is not clear; that guests dining outdoors at the Columbia are not singularly or collectively bothering anyone; that concerns with outdoor dining have been raised through a fear of the potential noise customers could create; that the stringent noise regulations which were passed on first reading on December 8, 1997, once adopted and enforced, will make the concerns with noise associated with outdoor dining a mute issue; that the City has sufficient existing and enforceable open-air dining and sidewalk cafe ordinances by which restaurateurs currently abide; that restricting that which has proven to be a successful concept could be detrimental not only to the St. Armands business community but also to the greater residential community for Sarasota. There was no one else signed up to speak, and Mayor Pillot closed the public hearing. A citizen in the audience who had just arrived requested an opportunity to speak. Mayor Pillot stated that hearing no objections, the public hearing will be reopened to provide an opportunity for input from one additional speaker. Mayor Pillot reopened the public hearing. The following person came before the Commission: Darren Novosel, Manager, Cha Cha Coconuts, 4525 71st Street West, Bradenton (34210), stated that his statements are provided in response to false accusations made regarding the operations at Cha Cha Coconuts; that he is a hard working, honest person; that Cha Cha Coconuts has made concessions for the residents, e.g., closing at 1 p.m. on the weekends and midnight on the weekdays, which is earlier than the Columbia restaurant; that the area adjacent to the sidewalk cafe was cleared by the real estate company not Cha Cha Coconuts; that Cha Cha Coconuts does not operate a valet parking service; that four-foot wide aisles are currently provided between tables; that boundaries within which to position the tables at the sidewalk cafe have been measured and drawn six feet from the curb; that false accusations regarding Cha Cha Coconuts have been made tonight and at previous Commission meetings; that, hopefully, the Commission will make its decision based on facts. Mayor Pillot asked if the tables at Cha Cha Coconuts sidewalk cafe are positioned differently in the evening than during the lunch hour? Mr. Novosel stated no. Mayor Pillot stated that he visited St. Armands Circle yesterday at approximately 2 p.m. and reviewed conditions at the sidewalk cafes; that a tape measure was not used; however, the tables at Cha Cha Coconuts appeared to be separated by at least four feet. Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson entered the following documents into the record: Memorandum from Michael Taylor, Deputy Director of Planning and Development, to the PBLP dated July 24, 1997, regarding consistency of proposed Ordinance 97- 4007 with the Sarasota City Plan. Minutes of July 7, 1997, City Commission meeting regarding discussion of proposed Ordinance No. 97- 4007. Minutes of the August 6, 1997, public hearing before the PBLP on proposed Ordinance No. 97-4007. Minutes of the October 1, 1997, PBLP meeting regarding discussion of proposed Ordinance No. 97-4007. Minutes of the November 3, 1997, City Commission meeting regarding PBLP report for proposed Ordinance No. 97-4007. - Map prepared by City of Sarasota Engineering Department entitled St. Armands Circle Sidewalk Cafes Proposed 120-foot Setback, consisting of two pages City Auditor and Clerk Robinson read proposed Ordinance No. 97-4007 by title only. The Commission recessed at 9:23 p.m. and reconvened at 9:30 p.m. City Manager Sollenberger stated the City has fostered and nurtured outdoor dining in the community; that Main Street was designed specifically to accommodate sidewalk cafes; that sidewalk cafes, which initially began on St. Armands Circle, were permitted and regulated through the issuance of encroachment permits; that conflicting regulations approved through individual encroachment permits made enforcement difficult; therefore, the Administration recommended and the Commission adopted an ordinance to regulate sidewalk cafes through the Zoning Code; that a number of concerns regarding the existing sidewalk cafe ordinance have been brought to the Commission; that the Administration formulated an ordinance to respond to the concerns raised by the public and discussions held by the Commission; that BOOK 43 Page 15834 12/17/97 6:00 P.M. BOOK 43 Page 15835 12/17/97 6:00 P.M. public hearings were held before the PBLP; that the PBLP amended proposed Ordinance No. 97-4007 to include restricted hours of operation requiring service to cease at 10 p.m. and seats to be vacated by 11 p.m. and recommended Commission approval; that the Commission may wish to consider hours of operation consistent with proposed Ordinance No. 98-4028, regulating open-air dining, which requires service to cease at 11:59 p.m. and the seats to be vacated by 1 p.m.; that the Administration recommends passing proposed Ordinance No. 97-4007 on first reading with appropriate hours of operation to be determined by the Commission. Commissioner Patterson asked for clarification of the hours of operation proposed for open-air. dining. Attorney Schenk stated that the existing regulations for open-air dining permissible by special exception, which applies to facilities located across from residentially zoned property, prohibit service between 11:59 p.m. and 6 a.m.; that proposed Ordinance No. 98-4028 changes the regulation to require service to cease at 10 p.m. and the area to be vacated by 11 p.m. if the open-air dining facility is located within 120 feet of residentially zoned property; that the hours of operation would not apply to facilities not located near residentially zoned property. Commissioner Patterson stated that Cha Cha Coconuts and the Columbia restaurant do not require a special exception to operate open-air dining facilities; therefore, would not be subject to the existing or proposed hours of operation for open-air dining. Attorney Schenk stated that is correct. Commissioner Patterson asked if the hours of operation cited for open-air dining facilities apply only when a special exception is required? Mr. Litchet came forward and stated yes. Mayor Pillot asked the effect on the Columbia restaurant if proposed Ordinance Nos. 97-4007 and 98-4028 are adopted as proposed and recommended by the PBLP? Mr. Litchet stated that the currently, no hours of operation are imposed for open-air dining and the sidewalk cafe at the Columbia restaurant; that proposed Ordinance No. 97-4007, as recommended by the PBLP, would require service at the sidewalk cafe to cease between 10 p.m. and 6 a.m. seven days per week and the permit area to be vacated no later than 11 p.m.i that proposed Ordinance No. 98-4028 would not impose hours of operation on the Columbia restaurant, which is considered an ancillary permitted use in the CT Zone District. City Manager Sollenberger stated that, for clarification, the Administration does not recommend the hours of operation included in proposed Ordinance No. 97-4007; however, imposing hours of operation requiring service to cease later than 10 p.m. is recommended. On motion of Commissioner Merrill and second of Mayor Pillot, it was moved to pass proposed Ordinance No. 97-4007 on first reading with the hours of operation amended to require service to cease between 11:59 p.m. and 6 a.m. and the permit area to be vacated at 1 a.m. Commissioner Merrill stated that St. Armands Circle is frequently enjoyed in the evening; that mingling amongst the crowds is enjoyed by manyi that the sidewalk cafes have benefited the communityi that the new noise ordinance regulating. amplified music will address some issues; however, regulation on the hours of operation at sidewalk cafes is necessary to address potential issues with late night activities; that requiring a four-foot separation between tables is an issue; that interpreting two tables adjoined as one table would make the provision acceptable. City Attorney Taylor stated that the ordinance would be enforced with two tables adjoined considered as one table. Commissioner Merrill stated that the 120-foot distance requirement targets Tommy Bahama's Tropical Cafe; that the Commission is attempting to protect the residents from negative impacts; that consideration should be given to providing an opportunity for establishments to obtain a sidewalk cafe permit if mitigating measures are taken and support from affected neighbors can be achieved; that protection would not be necessary if no one feels violated; and asked for comment from the City Attorney. City Attorney Taylor stated that simply incorporating approval of adjacent residents into the provision would not be appropriate; that objective standards would be required; that the 120-foot distance requirement was incorporated by the PBLP after consideration and discussion of the subject; that the intent is to eliminate, to the extent deemed reasonable, negative impacts from sidewalk cafes on a residential property; that the PBLP held a public hearing and found proposed Ordinance No. 97-4007, as amended, consistent with the Sarasota City Plan; that any significant changes to the distance requirement would require review and further recommendation by the PBLP. On motion of Commissioner Merrill it was moved to refer the 120-foot distance requirement back to the PBLP for further study. Motion died for lack of second. On motion of Mayor Pillot (who passed the gavel to Vice Mayor Dupree) and second of Commissioner Merrill, it was moved to amend BOOK 43 Page 15836 12/17/97 6:00 P.M. BOOK 43 Page 15837 12/17/97 6:00 P.M. the motion to include eliminating the four-foot distance requirement between portable tables only and clarifying that two or more tables adjoined to serve one dining party be considered as one table regardless of the shape. Mayor Pillot stated that the distance requirement between fixed tables and between the curb and sidewalk would be retained. Commissioner Patterson stated that four feet may not be appropriate; however, restaurants are limited to the number of tables which can be set up inside for three reasons: 1) compliance with fire codes and provide unobstructed emergency access, which may not apply outdoors where portable tables can be moved, 2) parking, and 3) capacity. Commissioner Patterson continued that restaurants or establishments with 50 to 60 seats outside consume parking resources greater than the actual interior space warrants and on which contributions to the parking assessments are based; that the capacity at sidewalk cafes should be restricted; that David Waugh, Building Official, with whom she spoke during the recess, stated that distances of three feet between tables and four and one-half feet on the aisles are required by the City and the Sarasota County Health Department for enclosed restaurants; that tables and chairs permitted in the public right-of-way should be restricted similarly; that providing discretion for the Building Official to determine the appropriate number of seats allowed within a permit area and allowing the restaurateur to position the tables as deemed appropriate could be considered. Mayor Pillot stated that government should not regulate private enterprise and the free enterprise system unnecessarily; that requiring a specific distance between tables is unnecessary since the comfort levels of customers and the ability to serve effectively will provide self-regulation; however, reasonable regulation on the number of tables allowed within a permit area could be supported. Commissioner Patterson asked for clarification of the proposed number of seats for sidewalk cafes depicted on the chart and the basis for the Engineering Department's recommending a four-foot separation between tables? Mr. Daughters came forward and stated that the four-foot distance requirement between tables, which would limit the number of tables placed within the permit area, was recommended for two reasons: 1) to provide for emergency and easily passable access and 2) to limit the number of seats in an effort to address concerns with parking impacts; that the clear distance between existing tables at sidewalk cafes on St. Armands Circle was measured; that the majority of sidewalk cafes had tables separated by four feet, which Staff viewed as an appropriate distance requirement; that although the existing regulations provide for a maximum table diameter of 48 inches, the diameter of the majority of tables is 36 inches; that the proposed number of seats were estimated based on a calculation of a 36-inch diameter table and a four-foot wide separation encompassing 50 square feet and four chairs encompassing 12.5 square feet each. Mayor Pillot stated that reasonable regulation of the number of tables or seats at a sidewalk cafe could be supported; however, a distance separation mandates the configuration of tables, which should be left to the discretion of the restaurateur. Commissioner Patterson stated that the size of the table or the distance between tables is not her concern; and asked if having the Building Official calculate the appropriate number of tables permitted based on established criteria for restaurants and allowing the restaurateur to position the permitted number of tables at will would be feasible? Mr. Daughters stated yes; however, the ordinance would have to include criteria by which the permit area would be evaluated. With the consensus of the Commission, Mayor Pillot withdrew the amendment to the motion. Vice Mayor Dupree passed the gavel to Mayor Pillot. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to amend the motion to include eliminating the four-foot distance requirement between tables, providing for the Building Department to determine the permitted number of seats based on the same criteria used to regulate interior seating. City Attorney Taylor stated that specific language from the appropriate building codes could be incorporated into the ordinance between first and second readings. Vice Mayor Dupree stated that the Commission should seek a balance between the interests of residents and commercial business owners; that the intent is not to prevent businesses from successfully operating; that comments received have referenced noncompliance with existing regulations at only 2 of the 29 sidewalk cafes; that the hours of operation proposed in the motion are reasonable; however, more restrictive regulations which would cause a reduction in the number of seats currently permitted could not be supported. Mr. Daughters explained the following chart displayed on the overhead projector: BOOK 43 Page 15838 12/17/97 6:00 P.M. BOOK 43 Page 15839 12/17/97 6:00 P.M. Business Permitted Actual Proposed Cafe L'Europe 20 16 16 Charley's Crab 16 18 18 Joffrey's Coffee & Tea 24 20 20 St. Armands Deli 10 12 8 Swiss Coffee House 10 14 10 Big Olaf Creamery 12 12 8 Cha Cha Coconuts 64 60 40 Barnie's Coffee & Tea 12 13 10 Loving Touches 16 0 0 Morty's Bagel Cafe 4 4 4 Ben &c Jerry's 16 4 4 Columbia 32 28 20 Tommy Bahama's Denied approval Casey's Ice Cream 7 4 Mayor Pillot stated that the chart becomes obsolete if the motion passes since the proposed seats referenced are based on a four- foot distance between tables. Mr. Daughters stated that is correct. Vice Mayor Dupree stated that an estimated number of proposed seats based on the motion should be determined; that based on the chart, the actual number of seats, which is less than the maximum currently permitted, would be reduced by 20 at Cha Cha Coconuts and by 8 at the Columbia, which is not acceptable. Mr. Daughters stated that the chart could be revised and an estimate provided regarding the number of seats which would be permitted based on established criteria separation of tables in restaurants at second reading. Commissioner Patterson stated that determining the number of seats based on interior restaurant standards may be less restrictive but could result in a reduction of seating greater than that proposed based on the four-foot distance separation; that hopefully she is wrong; however, the permit area is not bounded by walls; that patrons who are uncomfortable will back chairs from the permit area into the six-foot sidewalk area; that servers will position serving carts in the sidewalk area if the tables in the permit area are positioned too close together and sufficient space for serving is not provided; that constant code enforcement to regulate the sidewalk cafes is not desired; that a time-tested approach should be utilized. Commissioner Patterson continued that the City may have previously permitted 64 seats in an area which in the future would be permitted only 50 seats based on interior restaurant seating standards; however, the City would still be allowing a restaurateur to expand capacity by 50 seats for only $100 annually; that using a reduction in permitted seating as a criteria for determining the reasonableness of the proposed regulation for seating at sidewalk cafes is not understood. Commissioner Cardamone stated that the restaurateurs have been given a privilege by the Commission, as the "landlord" of the sidewalks and public-right-of way, to use the sidewalks for cafe dining; that merchants and citizens may desire use of the sidewalks to conduct sales of apparel, etc., but such a privilege has not been granted; that restaurateurs on Main Street are prohibited from placing signs on the sidewalks; that fees and requirements for operation of the Farmer's Market have been imposed for the use of public right-of-way Downtown; that sidewalk cafes are popular and enjoyed by manyi however, the number of sidewalk cafes on St. Armands is likely to increase; that some restaurants have been allowed to double capacity by providing sidewalk cafes; that commercial space on St. Armands is leased for approximately $40 per square foot; that the public right-of-way is valuable and should not be provided for private use absent restrictions; that the Commission has the ability and should regulate the use of public property properly; that imposing hours of operation requiring the permit area to be vacated at a reasonable hour is not overly restrictive; that the restricted hours of operation as drafted in the ordinance are supported; that allowing service to continue until 11:59 p.m. and patrons to remain at the sidewalk cafes until 1 a.m. seven days a week is not supported; that a compromise should be considered if the majority of the Commission supports a change in the hours of operation; that hours of operation which are more restrictive during the week than on Friday and Saturday evenings should be considered to protect neighboring residents. Mayor Pillot restated and called for a vote on the motion to amend the main motion to include eliminating the restrictions on the size and distance between tables and providing for determination of the permitted number of seats based on the criteria used to regulate interior restaurant seating. Motion carried (3 to 2): Cardamone, no; Dupree, no; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot restated the main motion as to pass proposed Ordinance No. 97-4007 on first reading with the hours of operation amended to require service to cease between 11:59 p.m. and 6 a.m. and the permit area to be vacated at 1 a.m., seven days per week, and to substitute the restrictions on the size and distance between tables with a requirement that the permitted number of seats be determined based on the same criteria used to regulate interior restaurant seating. Commissioner Merrill stated that use of the public right-of-way for sidewalk cafes versus sidewalk sales of goods is more acceptable because of the human benefit derived; that tables and chairs, "goods" routinely provided by the local government, are BOOK 43 Page 15840 12/17/97 6:00 P.M. BOOK 43 Page 15841 12/17/97 6:00 P.M. placed on the public right-of-way in conjunction with sidewalk cafes; that the patrons and restaurateurs both derive benefit from the use of the sidewalk for dining whereas the appearance is given that only the merchant directly benefits from the sale of goods on the sidewalk; that a merchant also requires additional space to store merchandise sold on the sidewalk; that public acceptance of sidewalk cafes versus sidewalk sales of goods could be related to the type of goods being provided. Commissioner Cardamone stated that much of the public enjoys outdoor dining; however, a large portion of the public finds shopping outdoors superior to dining outdoors. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to amend Section 6-32(g) (10) of the proposed ordinance to read as follows: In the CT Zone District only, the ordering of food and beverages in the permit area of a sidewalk cafe shall cease between 10 p.m. and 6 a.m. Sunday through Thursday, five days per week, and between 11:59 p.m. and 6 a.m. on Friday and Saturday. All patrons of the sidewalk cafe shall vacate the permit area one hour after the cessation of service. Commissioner Cardamone stated that the term "service" was changed to "ordering" to allow a patron to place an order at 9:58 p.m. on a weekday or 10:58 p.m. on a weekend and to be served within the following hour. Vice Mayor Dupree stated that requiring order-taking to cease at 10:28 p.m. on weekdays and 11:59 p.m. on weekends was being I considered as a compromise; however, the proposed amendment is acceptable. Commissioner Patterson stated that the residents have supported a cease in ordering or service at 10 p.m.; however, the Commission should regulate as little as possible to achieve a given result; that the proposed ordinance, as amended, provides for a reasonable number of seats on the sidewalk, sufficient access for pedestrians, and imposes a 120-foot distance requirement to protect residents from adverse impacts; that a cease in service earlier on the weekdays, especially since many, of the patrons are tourists to whom the weekdays are fairly meaningless, may not be warranted if the activity is far enough removed from the residential areas; and asked the reason a 10 p.m. closing on the weekdays is proposed? Commissioner Cardamone stated that the 10 p.m. closing presented in the draft ordinance is supported; that the amendment was made as a compromise to provide for an extended closing on the weekends, which is the busiest time for restaurants. Mayor Pillot stated that speakers have alluded that the problem is not with the dining but with the noise associated with sidewalk cafes; that the original motion made regarding the hours of operation is supported. Mayor Pillot called for a vote on the motion to amend the motion to require ordering of food and beverages to cease between 10 p.m. and 6 a.m. Sunday through Thursday and between 11:59 p.m. and 6 a.m. on Friday and Saturday and the permit area to be vacated one hour following the cessation of service. Motion failed (3 to 2): Cardamone, yes; Dupree, yes; Merrill, no; Patterson, no; Pillot, no. Commissioner Patterson stated that the 120-foot distance requirement not the hours of operation is the essence of the proposed ordinance which will protect and address the concerns of residents; that continued concerns could be addressed at a later date; that a compromise on the distance requirement would not be supported; that mitigating adverse impacts to the extent that an establishment with 40 to 50 patrons dining across from a residence would be acceptable is not viewed as feasible. City Auditor and Clerk Robinson restated the motion as to pass proposed Ordinance No. 97-4007 on first reading amended to: 1) revise the hours of operation to require service to cease between 11:59 p.m. and 6 a.m. and the permit area to be vacated at 1 a.m., seven days per week, 2) eliminate the four-foot distance requirement between tables, and. 3) provide for determination of the permitted number of seats based on the criteria used to regulate interior restaurant seating. Commissioner Patterson stated that the motion does not alter the restrictions requiring distance between the tables and the sidewalk or from the curb to the main building. City Attorney Taylor stated that is correct. Commissioner Cardamone asked if changing the term "service" to "ordering" is implied in the motion? Mayor Pillot stated no. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Cardamone, no; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that the time is now 10:30 p.m.i that another potentially lengthy public hearing has been scheduled; and asked for the Commission's intent regarding the items remaining from the agenda of the December 15, 1997, regular Commission meeting? BOOK 43 Page 15842 12/17/97 6:00 P.M. BOOK 43 Page 15843 12/17/97 6:00 P.M. Mayor Pillot stated that hearing no objections, the items remaining from the agenda of the December 15, 1997, regular Commission meeting will not be addressed at this meeting. City Manager Sollenberger stated that Commission action on two issues, one which will be raised by the City Attorney, will be required before the meeting is adjourned. 2. CONTINUED PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4028, AMENDING ARTICLE VIII, ZONING CODE, TO REVISE THE DISTRICT REGULATIONS APPLICABLE TO OPEN-AIR DINING FACILITIES ON PRIVATE PROPERTY IN CONNECTION WITH RESTAURANTS PROVIDING THAT THE BUFFER REQUIREMENTS FOR OPEN-AIR DINING FACILITIES PERMISSIBLE BY SPECIAL EXCEPTION ON PROPERTY ABUTTING OR ACROSS AN INTERVENING STREET OR ALLEY FROM RESIDENTIALLY ZONED PROPERTY SHALL NOT BE SUBJECT TO A VARIANCE PROCEDURE; AMENDING SUCH BUFFER REQUIREMENTS TO CONSIST OF A SOLID WALL WITHOUT WINDOWS: DEFINING TERMS : SETTING FORTH REGULATIONS FOR THE HOURS OF OPERATION OF OPEN-AIR DINING FACILITIES MAKING FINDINGS AS TO NEED; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) = CONTINUED TO JANUARY 6, 1998, AT 6 P.M. (AGENDA ITEM II) #3 (3350) through #4 (0815) Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, and Sarah Schenk, City Attorney's Office came before the Commission. Mr. Litchet stated that Ordinance No. 98-4028 amends Article VIII, Zoning Code, setting forth regulations pertaining to open- air dining facilities on private property and is initiated by the Administration in response to concerns voiced by residents and the City Commission; that inconsistencies and unclear language pertaining to open-air dining facilities have been identified in the Zoning Code; that the proposed ordinance attempts to clarify the intent of the existing ordinance regulating open-air dining and to provide consistency with sidewalk cafe regulations; that the Planning Board/Local Planning Agency (PBLP) held public hearings and proposed changes to the draft ordinance; that the proposed ordinance will affect open-air dining facilities allowed by special exception on private property in the following zone districts: Commercial, Shopping Center CSC-Neigaborhood, CSC-Regional, Csc-Community) i Commercial, Tourist (CT) ; Commercial, Neighborhood (CN) i Commercial, General (CG) ; Commercial, Intensive (CI) i Commercial, Residential Transition (CRT); Commercial, Central Business District (C-CBD); Commercial, Office Park (COP) ; Theater and Arts District (TAD); and Commercial, Business Newtown (CBN). Mr. Litchet continued that the open-air dining facilities located on private property which either abut or are across streets from residentially zoned property require a special exception; that the existing regulations attempt to provide specific protection and buffering for residential properties across from open-air dining facilities by requiring the following: 1) an intervening building or a 6.5-foot-high masonry wall to separate the open-air dining from residential, 2) ceàse of business between midnight and 6 a.m., and 3) no amplified music or amplified entertainment. Mr. Litchet explained in detail the following changes included in Ordinance No. 98-4028 to provide additional protection and to address specific concerns regarding interpretation of the existing open-air dining ordinance: 1. a revised definition of "completely enclosed building" to clarify that a property owner cannot enclose a dining area with glass windows or doors which are kept open and avoid applying for a special exception for an open-air dining facility 2. language to clarify that the buffer requirements apply regardless of the floor level on which the open-air dining facility is operated 3. hours of operation requiring service to cease between 10 p.m. and 6 a.m. and the area to be vacated no later than one hour after the required cessation of service if the open-air dining facility is located within 120 feet of residential property Mr. Litchet stated that the change to hours of operation for open-air dining facilities located within 120 feet of residential was proposed by the PBLP; that the existing prohibited hours of operation (midnight to 6 a.m.) are retained for open-air dining facilities located beyond the 120-foot distance requirement. Mr. Litchet continued that two minor wording changes to the proposed ordinance as drafted are recommended; and referred to Section 8-54 stating the following revisions should be applied to applicable paragraphs for all the affected zone districts: Section 8-54 (c) change the word property" to "facility" Open-air dining facilities on private property in connection with restaurants when said facility abuts or is across an intervening street or alley from residentially zoned property provided that: BOOK 43 Page 15844 12/17/97 6:00 P.M. BOOK 43 Page 15845 12/17/97 6:00 P.M. Section 8-54 (c) (1) - add the phrase "portion of the" If the open-air dining facility is on a side of the building facing residentially zoned property, then the portion of the facility regardless of floor level shall be separated by an intervening building or a 6.5-foot- high masonry wall Commissioner Merrill asked the purpose for recommending the word "property" be changed to facility"? Mr. Litchet stated that the criteria applies if the restaurant providing open-air dining is located across the street or abuts residentially zoned property; that the existing regulations and the proposed ordinance as drafted require a 6.5-foot-high masonry wall around the perimeter of the property on which an open-air dining facility is operated; that, technically, the existing language requires a wall around the entire shopping center if open-air dining is operated at one restaurant in the middle of a six-acre site; that the regulation is not viewed as logical and has not been applied as such; that the word "facility" is recommended to clarify the intent. Vice Mayor Dupree stated that the word "facilities" is required in terms of correct grammar. Mayor Pillot asked if the proposed buffering requirement applies to the businesses at Sarasota Quay? Mr. Litchet stated no; that the restaurants at the Quay are considered permitted uses, do not require a special exception, and therefore are not subject to the open-air dining ordinance. Mayor Pillot stated that the proposed regulations apply only to uses permitted by special exception. Mr. Litchet stated that is correct; that a special exception is required to operate an open-air dining facility on property which abuts or is across the street from residentially zoned property. Commissioner Cardamone asked the reason the water separating the Quay from the condominiums is not considered as an intervening street? Mr. Litchet stated that waterways are not addressed in the existing ordinance; that review and evaluation of existing waterways and applicable distance requirements would be required; that specific language could be developed and the ordinance amended separately if further regulation is desired by the Commission. Commissioner Cardamone stated that applying regulations to waterways which provide a separation between commercial and residential uses has been discussed several times by the Commission. Attorney Schenk stated that the proposed ordinance is a limited amendment which was drafted to address concerns identified with issues being brought before the Board of Adjustment; that an overall study has not been conducted; that limited input has been received from the Planning Department as to whether the open-air dining regulations should be expanded to require special exceptions in other areas. Commissioner Cardamone stated that residents living across waterways from open-air dining facilities should be protected; that the waterways should be treated as streets. Mayor Pillot stated that the Commission previously requested that intervening waterways be considered as streets and included in the ordinance. Commissioner Patterson stated that issues raised by residents of Marina Suites have focused on the inability to impose hours of operation on the open-air dining facilities at the Quay; that the administrative interpretation made years ago that the Quay did not abut single-family residential and therefore special exceptions were not required for open-air dining was based on the unreasonableness of requiring a 6.5-foot-high masonry wall, which would block views of the water and destroy the ambiance and beauty of dining at the Quay; that the proposed ordinance mandates a 6.5-foot-high masonry wall in conjunction will all special exceptions for open-air dining; that simply adding language to the proposed ordinance requiring that waterways be considered as streets is not appropriate; that determining distance requirements applicable to waterways and providing a mechanism for the PBLP versus the Board of Adjustment to determine the appropriateness of a wall on a case-by-case basis should be considered. Commissioner Patterson asked the purpose for requiring a two- foot-high wall on the side of the building facing nonresidentially zoned property? Mr. Litchet stated that the intent of the original ordinance was to provide a distinguishable boundary of the open-air dining facility. Commissioner Patterson stated that the location of the two-foot- high wall, which could cause people to stumble, should be reconsidered. BOOK 43 Page 15846 12/17/97 6:00 P.M. BOOK 43 Page 15847 12/17/97 6:00 P.M. Vice Mayor Dupree asked if reference to "completely enclosed building" would prevent the use of glass panels to enclose a dining area? Mr. Litchet stated no; and cited the following definition: Completely enclosed building: means a building separated on all sides from adjacent open space or from other buildings by permanent roof and by exterior walls or party walls, pierced only by closed windows and normal entrance or exit doors. Such doors shall not be kept open except for normal ingress and egress. Vice Mayor Dupree asked if the proposed hours of operation would apply in all zone districts which require a special exception for open-air dining and on private properties which do not currently provide open-air dining but not to businesses in Sarasota Quay? Mr. Litchet stated yes; that the proposed changes would apply to future requests for open-air dining facilities. Commissioner Patterson stated that under the proposed ordinance Tommy Bahama's Tropical Cafe would be required to keep the sliding glass doors facing single-family residences closed but could request a special exception from the PBLP to keep open the sliding glass doors facing John Ringling Boulevard until certain hours. Mr. Litchet stated that the statement is correct in reference to a facility similar to Tommy Bahama's Tropical Cafe; however, the proposed ordinance may not have the same effect specifically on Tommy Bahama's, which has filed an appeal under the existing ordinance; that the Administration has not recommended the proposed ordinance be applied retroactively. Commissioner Patterson stated that if the City prevails in the appeal, a permanently fixed separation would be required to seat patrons at Tommy Bahama 's Tropical Cafe in the area between the existing sliding glass doors and the edge of the property facing South Washington Drive and a special exception would be required to seat patrons on the outside area facing John Ringling Boulevard. Mr. Litchet stated that is correct. Mayor Pillot opened the public hearing. Philip Dasher, 926 Boulevard of the Arts (34236), came before the Commission. Mayor Pillot stated that several people have signed up to speak; that a motion to extend the meeting past 11:30 p.m. would be appropriate to avoid interrupting a speaker's comments. On motion of Commissioner Cardamone and second of Mayor Pillot, it was moved to extend the meeting past 11:30 p.m. to complete Agenda Item II, regarding proposed Ordinance No. 98-4028, to address one item from the City Manager and one item from the City Attorney, and to provide for a brief remark from Commissioner Cardamone. Commissioner Patterson stated that the meeting should be extended to a time certain, e.g., 12:30 a.m. Commissioner Cardamone stated that the public hearing should be completed if started. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to amend the motion to include an adjournment time of 12:30 a.m. Commissioner Cardamone stated that the City Attorney has a time- sensitive issue which requires Commission action. Commissioner Patterson stated that the Commission could break and address the City Attorney's item at 12:25 a.m. Mayor Pillot stated that 16 people have signed up to speak regarding proposed Ordinance No. 98-4028; that 1 hour and 20 minutes will be consumed if each person speaks for five minutes; that extending the meeting until 12:30 a.m. will not provide sufficient time to complete the items proposed. Commissioner Patterson stated that the public hearing could be continued until a date certain. Mayor Pillot stated that approximately 20 people remain in the audience; and requested a show of hands of those in favor of the Commission's proceeding with the public hearing and adjourning at 12:30 a.m. even if the public hearing has not concluded and of those in favor of the Commission's continuing the public hearing until a date certain. The majority of people were in favor of the Commission's continuing the public hearing until a date certain. Mayor Pillot called for a vote on the motion to amend the motion to include an adjournment time of 12:30 a.m. Motion failed (3 to 2) : Cardamone, no; Dupree, no; Merrill, yes; Patterson, yes; Pillot, no. Mayor Pillot called for a vote on the motion to extend the meeting to complete the items specified. Motion failed (5 to 0): : Cardamone, no; Dupree, no; Merrill, no; Patterson, no; Pillot, no. BOOK 43 Page 15848 12/17/97 6:00 P.M. BOOK 43 Page 15849 12/17/97 6:00 P.M. After brief discussion, consensus was reached to continue the public hearing on proposed Ordinance No. 98-4028 to Tuesday, January 6, 1998, at 6 p.m. Mayor Pillot stated that hearing no objections, the Commission will move forward to the two administrative items requiring action. 3. OTHER MATTERS /ADMINISTRATIVE OFFICERS AUTHORIZED AN ADVANCED PBLP REPORT AND SET PROPOSED ORDINANCE NO. 98-4036 FOR PUBLIC HEARING ON JANUARY 5, 1998; AUTHORIZED CITY ATTORNEY TO PROCEED WITH APPEAL ON CASE NO. 97-3870 CA 01 (LEMON COAST GRILL) (AGENDA ITEM XI) #4 (0816) through (1020) CITY MANAGER SOLLENBERGER: : A. requested a waiver of the 30-day minimum requirement to allow an advanced Planning Board/Local Planning Agency (PBLP) report on proposed Ordinance No. 98-4036, to reinstate the 4.5 percent transportation concurrency standard, on January 5, 1998, and authorization to schedule the public hearing on January 5, 1998. City Manager Sollenberger stated that the matter must be resolved during the month of January to meet the time schedule associated with The Renaissance project. Mayor Pillot stated that hearing no objections, authorization is granted to allow an advanced PBLP report and to set proposed Ordinance No. 98-4036 for public hearing on January 5, 1998. CITY AUDITOR AND CLERK ROBINSON: A. stated that several items have been scheduled on the January 5, 1998, regular City Commission agenda; that the intent is to schedule an adjourned meeting on January 6, 1998. The Commission expressed a willingness to meet earlier on January 6, 1998, if necessary, to address outstanding issues. Mayor Pillot requested that a proposed meeting scheduled be prepared and forwarded to the Commission for review. CITY ATTORNEY TAYLOR : A. stated that a memorandum regarding the Court's ruling on the lawsuit brought to challenge Ordinance Nos. 97-3993 and 97-3994, on behalf of 35 S. Lemon, Inc., (Lemon Coast Grill) was forwarded to the Commission on December 5, 1997; that the Court essentially ruled that virtually any ordinance the City Commission passes which affects land use is a land development regulation requiring two public hearings; that the City Attorney's Office feels the Court's ruling applied the definition of "development" too broadly; that authorization is requested to file an appeal specifically raising the question as to the type of ordinance which should be considered a land use regulation. On motion of Commissioner Cardamone and second of Commissioner Dupree, it was moved to authorize the City Attorney to proceed with the appeal to the Court's ruling on Case No. 97-3870 CA 01. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, no; Patterson, yes; Pillot, yes. 4. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XII) #4 (1020) through (1045) COMMISSIONER CARDAMONE : A. stated that at the December 15, 1997, regular City Commission meeting she reference an annual City expenditure of $186,000 for street sweeping, policing, etc., on Dr. Martin Luther King, Jr. Way; that the correct figure is $390,000; that the minutes should reflect an expenditure of $390,000. 5. ADJOURN (AGENDA ITEM XIV) #4 (1063) Mayor Pillot adjourned the regular meeting of December 17, 1997, at 11:15 p.m. 2M - 1A GENE PILLOT, MAYOR ATTEST: & ul BILLY E7 ROBINSON, CITY AUDITOR AND CLERK BOOK 43 Page 15850 12/17/97 6:00 P.M.