Sarasota: Allowing bars and nightclubs to be created in the Commercial Neighborhood (CN) and other districts is a stunning miscarriage of justice
Francesco Abbruzzino, The Uncensored Report, LLC
From: Dan Lobeck <[email protected]>
Date: Wednesday, February 21, 2024 at 1:36 PM
Subject: CN Change at Southside Village Based on Falsehoods
There will be more to say about the terrible measures approved last night, but there is one stunning miscarriage of justice that really stands out.
Allowing bars and nightclubs to be created in the Commercial Neighborhood (CN) and other districts where they are not now allowed focused on opposition from the Hudson Bayou Association as to the CN district within and to the east of their neighborhood, known as Southside Village.
Although it initially appeared that there were three votes, led by Liz Alpert, to reverse that change, upon pushback by staff and Eric Arroyo that was dropped and only Jen Ahearn-Koch was left on the City Commission advocating for the affected neighborhoods.
What it seemed to come down to is the unchallenged false assertion, after the public hearing closed and members of the public were prohibited from speaking, that the CN district at issue is “only a couple of blocks.”
In fact, here is a map of the CN district at issue, from the City’s website depiction of Zoning Districts:
The CN district is in pink. Osprey Avenue is not labeled on this map but is the street to the east running between Arlington and Hyde Park, and beyond to the north and south. The official boundaries of the Hudson Bayou Neighborhood Association extends to the west from Osprey Avenue and as such includes a substantial portion of the CN district. Association members testified last night that their neighborhood is greatly impacted by noise and other effects of the activities in the CN district even to the east of Osprey Avenue. They worry about the increase in such impacts by allowing new bars and nightclubs in the district, particularly with the loosened standards for those establishments throughout the changes.
The falsehood about the extent of this CN district was aggravated by the misleading and evasive testimony of Ryan Chapdelain, Planning Department General Manager, particularly in response to Commissioner questions. It took repeated questions from Commissioner Ahearn-Koch for him even to admit that bars are currently not allowed in CN districts, to the point that her eventual success at that resulted in applause from the Bayou Oaks neighbors in attendance. In response to several questions about what is allowed in the CN district, Chapdelain instead responded, “The CND district allows … “. CND replaced CN in the Zoning Code for new designations while allowing existing CN districts, with their more restrictive regulations – including as to bars and nightclubs — to remain. (This dissembling by Mr. Chapdelain in promoting the pro-developer policies of the City Planning Department has been characteristic of his presentations over the years).
It is particularly to the discredit of Commissioner Alpert that she rejected the valid concern from Hudson Bayou residents about this, as it is in her Commission district. It follows her response the day before to emails from residents there – prompted by an email I wrote warning them about this change – falsely denying that the proposals would newly allow bars in the Southside Village CN district or anywhere else and stating (her italics and emphasis), “It is not creating additional bar, restaurant, and nightclub zoning. These are areas where they are already allowed.”
Same for Debbie Trice, whose at-large representation also includes Hudson Bayou and other CN districts, as well as of course Commissioners Battie and Arroyo.
On another note, shame on Commissioner Battie, who defended his support for eliminating the Code’s separation of new bars and nightclubs from churches in the downtown area (which is included in what the four Commissioners approved) by commenting, “I think we all know that churches serve wine.”
The effort cannot start too soon to repeal the changes to proliferate bars and nightclubs which were approved 4 to 1 onTuesday night, including by the election of three new Commissioners in August and November if (as seems likely) that is necessary.
If any City Commissioner wants to take up that cause now, it will be to that Commissioner’s credit.
Dan Lobeck, Esq.
Florida Bar Board Certified in
Condominium and Planned Development Law
Law Offices of Lobeck & Hanson, P.A.
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