City Commission - Special Meeting

Good afternoon. We'll call the Special City Commission meeting of Monday, July 27th at 5 p.m. to order. Can we get a roll call, please?

Yes, Mr. Mayor. Commissioner Davis. Here. Commissioner Birdsong. Here. Mayor Pro Tem Mercer. Here. Mayor Yates. Here. And Commissioner Dollison, who is not present.

Okay. My understanding is Commissioner Dollison is on his way here, so he may arrive shortly.

I believe he was coming from the airport and may be stuck in a little bit of traffic.

Okay. So we'll let him join if he gets here. If not, that's okay. All right. So with that, City Attorney.

Thank you, Mr. Mayor, Commission. Good evening. Tonight we have a special city commission meeting, as you've noted, for the purpose of allowing a de novo hearing, as requested by Samuel Anisette, pertaining to case number P-26-02-S. which was an application by Mr. Anisette for a special use approval for a large-scale drinking establishment located in the Commercial Highway C3 Zoning District, 221 Martin Luther King Boulevard, Northeast, in Winter Haven. Under the provisions of our Land Development Code, specifically Section 21-418, an individual such as Mr. Anisette may... appeal a decision of the Planning Commission in this matter. And to do so, they have to ask for that within an appropriate period of time. And they have asked for that within seven days after the Planning Commission's hearing that was conducted previously. And therefore, we are now in the de novo hearing section. As I've described to you previously, this is a quasi-judicial matter that the City Commission is sitting in its capacity, making a final decision for the city. You will be listening and hearing to information, testimony, and evidence that will be presented by your professional staff, by anyone, by Mr. Anicet and whoever he may want to present to you. And then, of course, you'll be able to hear from the citizens who are here following the timelines and timeframes that you would want to give. I would suggest that this be presented in a similar fashion as how it's presented in the Planning Commission, that the city's professional city staff would make a presentation of the case and the issues. uh... for your consideration that you would allow mister and set to make his application present what information he desires to present to you about equal times maybe ten fifteen minutes depending on the presentations then you could allow Mr. Anaset, pardon me, the public to comment. If they have any, use your normal time limits of five minutes. And then you could allow Mr. Anaset, if he has any brief reply or rebuttal to anything that is presented. I believe that's generally consistent with how these matters are presented at the Planning Commission. Probably good to do that. The record will note that this meeting was duly noticed. It was advertised. The property was posted and notices were mailed out to everyone within 500 feet of the location where this application is cited. And with that, we have a quorum of our city commission present. And as I noted also, I want to correct myself on Wednesday when we discussed this. Action that you take tonight will be reflected and I'll be happy to Prepare that order must be done within 30 days of what we considered this matter today any action that you take any aggrieved party may appeal such action to the circuit court and in and for the 10th Judicial Circuit in Polk County, Florida, in accordance with the rules of appellate procedure, Florida rules of appellate procedure, the nature of the appeal will be from a final administrative order. A little different than what I mentioned. I talked about a petition for writ of certiorari. That's not what this is. This would be considered an appeal from a final administrative order. Having said that, unless there's any questions procedurally, you all are sitting in your capacity. You can hear and listen and give weight and whatever you wish. You will make findings of fact, conclusions of law, which I will reflect in the order, and then ultimately make a decision on the applicant as it's presented. So with that.

Only thing I'll ask is if the city clerk will adjust the time for 15 minutes. And if we need to adjust from there, we can. But just so we can kind of keep track of time on where things are so everybody has an equal opportunity to make a presentation.

The other thing I would suggest is if there's anyone here that's going to be providing information or testimony to this city commission that the city clerk swear all of them in now en masse so that we don't have to do that. But the record will reflect it. Those that are here today in the audience, if anyone that wants to make a presentation to the city commission, that they please stand and raise their right hand and follow the oath that the city clerk will administer.

Okay.

Yes.

Raise your right hand.

Staff do, if any staff is here, just in case.

Okay. Do you solemnly swear or affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God? Thank you. You may be seated.

Okay.

Heather Reuter, senior planner for the record. Before you on the screen, this is the zoning map. The subject property there is in the hatched area. It is zone C3 as well as the other properties that front along Martin Luther King Boulevard. And to the north, we do have R3 zoning, which is our multifamily residential low density.

I'm sorry. City clerk, will you start the time? Thanks.

Before you. is the aerial map. As you can see, the subject property there on MLK at 221. It is a commercial property that is located there on the north side. There is a convenience store located to the east, multifamily residential to the north, and single family to the west and south across MLK. This is a view looking at the subject property looking to the north as you stand on MLK. This is a photo looking to the east. You have the three brothers convenience store and then vacant property. This is again looking to the south across MLK where there's single family and vacant property. And then looking to the west, there is a strip of land that is owned by the city and then single family residential. I'm going to take you through the background. Samuel Anicet is the petitioner and requested de novo hearing for case number P2602S per section 21418 of the Winter Haven Code of Ordinances. Case number P2602S is a request by Samuel Anicet, applicant, for special use approval for a large-scale drinking establishment located in the Commercial Highway C3 Zoning District. case number p2602s was heard by the planning commission at their june 2nd 2026 regular meeting and the following information was presented by staff at the meeting the property subject to this request is located at 221 martin luther king boulevard northeast and consists of a 1536 square foot building on 0.15 plus or minus acres originally constructed in 1960. The applicant currently operates Fantasy Island Restaurant and Bar, which was originally approved to operate as a restaurant. In September 2025, Code Compliance initiated a case after promotional materials for the establishment advertised disc jockeys, foam parties, cover charges, and liquor sales. A subsequent site inspection by Code Compliance identified additional changes to the operation, including the installation of a pool table, liquor bottles displayed behind the bar, and the addition of outdoor patio seating. Based on these observed operational changes, the business no longer met the definition of a restaurant, as established by the City's Code of Ordinances, and was cited by Code Compliance for operating a large-scale drinking establishment without the necessary special use approval. During the application process for the state alcohol license, the applicant acknowledged the city's restaurant definition and represented that the business would operate in compliance with that definition. Additionally, the establishment currently holds a 2-COP alcohol license issued by the state of Florida, which permits the sale of beer and wine only and does not authorize the sale of liquor, which has been advertised and observed on site. Furthermore, the outdoor patio seating area is located with 100 feet of property zoned R3 and therefore is not permitted under section 2196 of the code. While the C3 zoning district allows for multifamily residential uses, the nearest residential zoning district is located immediately adjacent to the north. Separations from nearest church and school. Jewett Middle Academy is located approximately 1,315 feet to the east, which meets the 400-foot required separation. And New Life Deliverance Church is located approximately 1,015 feet to the northwest, which also meets the 400-foot door-to-door way of pedestrian travel required separation. Pursuant to Section 2196, the applicant has submitted a required security plan, which was approved June 3, 2026, by the Chief of Police. A large-scale drinking establishment with 1,536 square feet of gross floor area requires a minimum of 22 off-street parking spaces. The subject property currently contains approximately 10 legal nonconforming parking spaces on site. As part of the required site plan review process, the existing on-site parking will be required to be brought into compliance with code requirements If additional parking spaces are necessary to satisfy the minimum parking requirement, a shared parking agreement with property within 300 feet of legal pedestrian travel will be required. Any shared parking agreements must be reviewed and approved as part of a site plan approval process. On the screen before you is a map that depicts that 300 foot distance by pedestrian travel. The blue hatched area represents 300 feet in either direction. So all of those properties located on the north side of Martin Luther King Boulevard that have C3 zoning and are in the 300 foot could provide parking should they meet the requirements of the code. The applicant has submitted a land lease agreement for two vacant parcels located approximately 160 feet east of the subject property. While these parcels are located within the allowable 300 foot distance requirement to qualify for consideration as off-site parking, they will be required to undergo site plan review and approval for the development of improved parking areas prior to use. This is a photo of those parcels located there along MLK. Surrounding uses, the subject parcel is surrounded by residential uses to the north, Three Brothers Convenience Store to the east, single family residential to the south across MLK, and single family residential to the west across a 15-foot wide city-owned parcel. For the record, all public notification requirements for this request were met. The following conclusions, staff's review of the petitioner's request yielded the following conclusions. The petitioner expanded operations from the original approved restaurant use to a large-scale drinking establishment use after acknowledging during the alcohol licensing process that the business would operate in accordance with the city's definition of a restaurant. A large-scale drinking establishment at this location requires a minimum of 22 off-street parking spaces in accordance with the ULDC. These spaces must be provided either on-site or within 300 feet of the subject property as measured by ordinary and legal pedestrian travel. The subject property currently contains 10 legal non-conforming parking spaces, which will be required to be brought into compliance with the site plan review process. Additionally, the petitioner's land lease agreement for nearby parcels proposed for offsite parking will require site plan review and approval for the development of legal improved parking areas before those spaces may be counted toward the minimum parking requirement. The subject property is located within 100 feet of property zone R3. Therefore, pursuant to section 2196 of the code of ordinances, neither outdoor seating nor outside entertainment are permitted at this location. At the June 2, 2026 Planning Commission regular meeting, staff recommended the Planning Commission approve this request subject to the following conditions. One, a site plan shall be approved and all required improvements shall be made prior to using the subject property as a large-scale drinking establishment. Additionally, if the parking requirement is met through the use of off-site parking agreements, those agreements shall be submitted at a minimum annually to the city's planning division for compliance review. At any time the minimum off-street parking requirement fails to be met, operation shall cease. Two, If the establishment plans to have an advertised or promoted entertainment event by an external organizer, they shall be required to hire a minimum of two off-duty officers to work outside the establishment for the duration of the event. When off-duty officers are hired, they will position themselves outside the establishment unless entry into the establishment becomes necessary for a legitimate law enforcement purpose. If the establishment requires the off-duty officers, but the detail request cannot be fulfilled by any law enforcement agency, then a minimum of two additional licensed private security officers shall be hired to work outside the establishment for the duration of the event. When utilizing a private security company, the officer shall wear something which identifies them as such. If off-duty officers or additional licensed private security officers are unable to be secured, the entertainment event cannot occur. Three, if the establishment is at a maximum occupancy, no more than 30% over the maximum occupancy as determined by the Winter Haven Fire Marshal, or a maximum of 10 persons, whichever is less, may wait directly outside the establishment for admittance. Additionally, if the establishment is not at maximum capacity, then there shall be no loitering, gathering, and or waiting directly outside the establishment other than those actively moving through a security line to enter the establishment. Four, no outdoor seating or entertainment areas are permitted. Five, a minimum eight foot opaque fence will be installed and maintained along the western and northern property lines of the subject property. And six, in addition to grounds of revocation stated in section 2196I of the Unified Land Development Code, failure to comply with the above conditions shall be deemed grounds for revocation. The Planning Commission action. The Planning Commission at its June 2nd, 2026 regular meeting voted unanimously to deny this request. Five members of the public spoke in opposition, citing concerns related to compatibility with the surrounding area, traffic, parking, noise, crime, and potential impacts on the adjacent neighborhood. During the public hearing, Mr. Robert Burnham, manager of Fantasy Island Restaurant and Bar, stated for the record that the two vacant lease parcels are currently being used for overflow parking for the establishment. Staff notes that these parcels are presently unimproved and would require site plan approval, along with the necessary site improvements before they could be lawfully utilized as parking facilities. Some additional background information. The reference September 2025 code compliance case was heard by the Code Enforcement Special Magistrate in January 2026, at which time the property was found to be in violation of the city code. On March 17th, 2026, Code Compliance issued an affidavit of compliance after determining that the advertised events had ceased and the liquor bottles, pool table, and outdoor patio seating had been removed from the property at the time of inspection. Around the week of June 8, 2026, officers from the Florida Division of Alcoholic Beverages and Tobacco conducted a site inspection and confiscated 19 bottles of liquor after determining that the business did not possess a valid state license authorizing the sale of liquor. Additionally, on June 12, 2026, representatives from the City of Winter Haven Police Department, Fire Department, Code Compliance, Building Division, and Planning Division, in coordination with ABT, conducted a joint site inspection of the property. During the inspection, outdoor patio seating had been reinstalled along the side and rear of the building, and staff observed advertisements promoting various events that included cover charges, liquor sales, and a disc jockey. Based on these observations, Code Compliance has opened a repeat violation case, which is scheduled to be heard by the Code Enforcement Special Magistrate in August 2026. Staff recommends the City Commission consider the decision of the Planning Commission, the staff report, testimony, evidence, and or comments presented at the de novo hearing in rendering a decision in this de novo hearing process pursuant to Section 21.418 of the Winter Haven Code of Ordinances. On the screen before you is the required floor plan that was submitted from the applicant as part of their application for special use approval. I want you to look at that for a moment. And that completes my formal presentation. I do stand for any questions that you may have.

And Mr. Mayor and Commission, just for the record, and because we have, I want the record to be clear here, there are a number of staff that are here from our Code Compliance Division, our Fire Department, and from Public Safety. I'd like for them to stand, if they could please, and just provide some affirmance. to what Ms. Reuter has presented to the City Commission. If you all could stand, please, and identify just briefly yourselves by name and title and affirm that what Ms. Reuter has presented to the City Commission is accurate with respect to the matters within your purview. Thank you. Quickly.

the first testimony is accurate. Tonya Ayers, State Neighborhoods Director, and I affirm that the testimony provided by Ms. Roybert is accurate.

Drew Newbran, Fire Chief of the One-Hand Fire Department, and I confirm that Ayers' statement is accurate. Vance Wunder, Chief of Police,

Thank you. I just wanted that to be part of the record for the city commission's consideration. Okay.

Commissioner Davis. Okay. First, you said something that caught my attention. So June 12th.

Before we get into questions, I think it would be appropriate to allow Mr. Anisette as the applicant to make his presentation. Then if there are questions after Mr. Anisette.

Even if it's a question on the testimony? Yes.

Yes. Well, I think it would be helpful to keep your question on the testimony until afterwards. All right.

Applicant, would you like to speak? And you'll have 15 minutes.

OK, good evening. Mayor and City Council members, my name is Terry Hunter and I'm here to support Fantasy Island's request to operate as a lounge and obtain a liquor license as a local realtor and resident. I've watched this property. It was once vacant and neglected, but under the new owner, it has been transformed into a cleaner, attractive, and active business that benefits the neighborhood. Sam's investment has turned an eyesore into a thriving local establishment that creates jobs, draws customers, and contributes to Winter Haven's economic growth. Fantasy Island offers food, entertainment, and a safe place for adults to gather and enjoy themselves. Allowing to operate as a lounge would support its continued growth while serving customers responsibly. There are already nearby businesses that sell alcohol, including a liquor store just a couple of blocks away. This request does not introduce something new to the area, but instead allows a regulated, locally owned business to responsibly serve alcohol in a controlled setting. The location is also a benefit to residents of many who can walk to the restaurant, providing a convenient local option for dining and entertainment without travel across town. Most importantly, the business has demonstrated a strong commitment to safety, cleanliness, and professional operation. SAM has shown consistent investment not only in their property, but in the surrounding community. From a real estate perspective, this is exactly the kind of revitalization we encourage, turning neglected properties into productive jobs, creating businesses that strengthen the neighborhoods. Approving this request also sends a positive message to other investors that Winter Haven supports responsible business owners who invest in neglected properties, create jobs, to community growth. It encourages continued revitalization throughout our city. I respectfully ask the council to approve Fantasy Island's request to operate as a lounge and obtain a liquor license. This business is already a positive addition to our community and approval will allow it to continue contributing to Winter Haven's growth and vitality. Thank you for your time and service and your consideration.

Okay. Mr. Mayor, just so we're clear, is there anyone else from the applicant who would like to speak? in support of the, this is the applicant part, this is not the public comment part. Although that was really more in the nature of the public comment part, but that's fine. For purposes of this proceeding, if the applicant wishes to present any information to the city commission, now is the time for them to do that in accordance with the, I think, how much time was left on that? It was about 12 minutes. About 12 minutes left, so if there's anyone here that wishes to speak for the applicant, they have 12 minutes still left.

Good afternoon, council members. Thank you for the opportunity to speak today. My name is Jett Acree. I'm here on behalf of Sam and Fantasy Island. I understand that there are concerns regarding outdoor dining, specifically surrounding parking and the impact of the immediate neighborhood. We welcome the scrutiny because Fantasy Island has proactively and thoroughly met every standard set before us. Fantasy Island is not the same place it once was. What was once a rundown property has completely transformed. Sam has invested significant personal capital, time, and effort into creating a clean, safe, and welcoming environment. To address the parking directly, Sam has leased the adjacent field, which measures roughly 100 by 50 yards. This massive lot can easily accommodate over 100 vehicles. assuring the street parking and neighborhood traffic flow will remain completely unaffected. This highly responsible, proactive solution. I also want to emphasize that Fantasy Island is fully committed to compliance. Our operations have already undergone multiple rigorous inspections by various city officials. In every instance, we have cooperated fully, and we have consistently proven that our facilities meet the city's high standards. Local businesses cannot thrive or project stable profit margins when operating under the strain of constant unsubstantiated complaints. Fantasy Island has been thoroughly vetted by our own city departments and has passed with flying colors. We have proven we are excellent neighbors and the lounge would adhere to all city noise and our ordinances. I believe businesses should be judged not by what they were in the past, but also by what they have become and what they are continuing to work towards. Sam took a property that needed attention and turned it into a compliant job creating asset for the city. I respectfully ask the council to approve of the lounge for so that local businesses can finally stop fighting red tape and focus on serving our community. Thank you for your time.

OK. Anything else from the applicant this time?

Good evening. My name is Samuel Anisette. I'm the owner of Fantasy Island Restaurant and Bar. I'm here today on behalf of my company as well. What I would like to clarify, all the violations stated that we had liquor, We were licensed by the state to be able to cater, so we're not informed that if we're having party, we couldn't have like a license in the premises. That's one of the main reasons why we had purchased, I had purchased the property. As far as the door, the outdoor sitting, we're fully complied. Two, three days before the city came back again, my daughter was in town. a little bit of the party for her. So we did brand a few of our tables outside. But all our pool table, everything that were recommended to take out, they're all out. They've all been trashed. So we're not pick and fight or not following the city rules and regulations. Even based on my What I've seen, properties around close to us, they do have a couple chairs outside, but for some reason we can't do it. And we're willing to comply with the city. That's not a problem. So what I'm asking, and I'm letting the whole community know, we're not having a club or a large-scale drinking place. This is not my intention, and this isn't what I need. I have islanders. I'm an islander. And when we... having, you know, at restaurants, at a place, we have music. What we've been penalized or been suffered by the city is the fact that we have music. And we were told by Ms. Header that we need to apply for this license in order for us to have music. And we only need to do that probably only twice out of the week, out of the month. So we're not going to throw a party or have a club or have dirty music, like, Like the previous residents concerned, we've been operating for nine months. We haven't had dirty music like the community, some of the community were concerned about. Probably they haven't been. I'm inviting them over anytime so they can see how it operates. So I'm asking. The fact that we have to operate as a lounge, we need that license in order for us to hire more young folks. My company is probably the only company within three miles that hire all different people. And most of the mom and pops are business. It's probably hire themselves and a brother, but my business hires everyone's from different backgrounds. So by allowing me to operate as a lounge would help us to hire more young folks or more people and bring more jobs to the community. I am a real estate investor. I am interested in renovating. I do buy and renovate multiple properties in Polk County. I discovered Polk County about three years ago. I've operated a gas station over here on Heavendale for two years. I've sold it and I've bought multiple properties and renovate them, fix them, sell them. So I'm not here to bring dirty music to the city. I'm here to actually better the city, hire young people. You know, property at 221 that I've purchased, this is a property that was vacant for a while. You know, we have nothing but break-ins in there. But since I took over, I fix it up, I clean it up. We don't have that. We are problem solver instead of a problem givers. We do solve problems for the city. So I am willing to comply.