Planning Commission - Regular Meeting

We have two oaths for the two newly elected or new newly appointed members. So, attorney Simons will give the oath both to guide to Chris individually. Yes, sir. Okay. Good morning. Um, if you'd repeat after me, please. Who did you want to do first?

I'm going to do Chris Pard first. And, uh, I will I will state the oath. And they will simply affirm, but I will repeat. Okay. I Chris Pard do hereby solemnly swear or affirm that I will support, protect, and defend the Constitution and the government of the United States and of the state of Florida against all enemies, domestic or foreign, and that I will live true faith, loyalty, and allegiance to the same. and that I will in all respects observe the provisions of the charter and ordinances of the city of Daytona Beach Shores and will faithfully discharge the duties as planning and zoning member for the city of Daytona Beach Shores on which I am now about to enter. So help me God.

I do have your turn. I guide Desai do hereby solemnly swear or affirm that I will support, protect and defend the Constitution and the government of the United States and of the State of Florida against all enemy or that I will bear true faith, loyalty and allegiance to the same and that I will in all respects observe the provisions of the charter and ordinances of the city of Daytona Beach Shores and will faithfully discharge the duties as planning and zoning member for the city of Daytona Beach Shores on which I am now about to enter. So help me God. Thank you. Thank you. Welcome.

Well, thank you for that. Now, let's um first of all, it's very good to be together for it's been a couple months and see if I remember how to do this. So, bear with me. Appreciate it. Um the minutes. Everybody get to uh read the minutes from last time. And do I have a motion to pass the minutes from last meeting? I make a motion to pass the last meeting. A second. Righty. Sherry, can we do roll call? Yes, sir. Just wait one moment. My computer's trying to No problem. It's not AI.

I'll go ahead and call Mian here. Motion. Motion for the meeting. Oh, that was me. I made motion. I second it. Go ahead. Correct. Now, now we're going to vote. Mr. Hian, yes. Mr. Desai, uh, yes. Mr. Pard, yes. Mr. Dash, yes. Mr. Lily, yes. All righty. Thank you. So, we're going to start the quasi judicial hearing. And Gwen, would you like to introduce yourself and tell us what's going on with the action items?

I'd love to. Thank you, chair, vice chair, board members. Good morning. Gwenhurstein, city planner.

You have a slow computer this morning. Well, then it's in line with staff, I'd say. Sherry, shall I leave it here and not enter into my PowerPoint?

You can go ahead and Okay, great. Good morning and Gwen Herstein, city planner, and to our newly well, our reaffirmed board members. Congratulations. Ordinance 20261 is it amends the land development code by creating a definition for one vistro, clarifying it as a restaurant, and adding it to the GC2 retail service commercial district. By clarifying the wine beastro as a restaurant, it allows outdoor dining as a conditional use. Um, you will have noticed in your packet that um that we did that and we also offered this definition for what a wine beastro is, which is basically a restaurant offering a wine selection of curated wines for consumption on premises and also sales um retail sales of those. and with the wine curated food pairings, education regarding those pairings and the wines from formally trained staff and as I said the retail sale of wine. The other thing that ordinance 20261 does is add wine beastro to the DC2 retail service commercial district.

There were previously um 11 permitted principal uses in GC2 and this would be the 12th of those uses. Just to show you a little bit, this is a zoning map which loosely shows where the GC2 the two GC2 districts are within the city. You're looking at a map that starts uh above the midpoint of the city and goes all the way down to 3875, which is our southernmost property in the city. The two boxes are around the two GC2 districts. Obviously, not everything within those boxes are GC2. Um that is the GC2 is mainly along A1A on the west side, always on the west side. And there are two districts. And I will point out that in between those two boxes is a GC1 district. That's where most of the GC1, which is touristtoriented commercial, is located. And uh one thing that I'll point out because we'll be talking about that a little bit more in a minute is that GC1 allows a tavern whereas GC which is defined in our code similarly to a bar or as a bar. Uh GC2 does not allow tavern bar uses. Um and GCRD, which we'll be talking about a little bit more in a moment, is our third of three commercial districts. And that addition that district additionally does not allow taverns and bars.

I have a question. Go ahead. Absolutely. Having said that, where does Yaya fall into? Yaya is a legal nonconforming use for the question. It is in the GC2 district which is the district that we're talking about adding the wine beaster to initially and um it has been a grandfathered use. It's been there for quite some time um before these zoning guidelines were put in place.

All right. Basically, this ordinance is consistent with uh the land development code and its intents and purposes, our comprehensive plan and also our economic goals as stated in the 2019 strategic plan that was approved. staff has fully reviewed this these um this ordinance and um that includes the community services department with the building official, the public safety department and also our legal team. Staff is requesting that the planning and zoning board recommend approval of this ordinance 20261 with the following additional recommendations requested. And I did hand you a highlighted um version of this ordinance with some additional changes that the staff is recommending and also requesting that you recommend to the city commission to approve. Uh unfortunately, some of the changes that were intended initially were not included in the title of the ordinance, which I I'm about to show you in a second. It's that big block of text that always falls on the first page. And when you don't include something in the title, you're not able to make those changes later on in the document. So, I appreciate your um your patience with me this morning, but I'd like to go through those changes as this morning will be the first time that you're seeing them. This is the GCRD district, the third of our zoning uh commercially commercial zoning districts that we talked about uh a minute ago. This is the north end of town. The top of the uh maroon box is um 1901, the top northernmost property of our city. And along the west side of A1A,

um, all of the maroon colored properties are zoned GCRD and it stays and does not extend beyond this area, which the bottom of the box just barely includes uh, Florida Shores Boulevard. Key Colony is just south of that. You'll notice that there are a couple little pink dots just west of some of those um GCRD, General Commercial Redevelopment District. Um those are actually GC1 properties and were zoned that way some time ago to allow for an expansion um which we hoped and continue to hope will occur in that area. Um to allow for possibly properties to be joined together for larger commercial projects. Um so they those are not also GC1 in addition to the block that I showed you earlier. I'd like to go through those highlighted portions of the ordinance that I gave you. Um, please stop me if you would like to set on any slide or ask questions about it. Of course, you can always ask questions at the end, but I'm inviting you to if something doesn't make sense to stop me right then when we're looking at it too at your discretion. So the part that's highlighted basically this is the title that you'll see on page 106 of that 20.601 61 ordinance that I pointed you. And you'll see what that's doing is adding to the title that we're also amending section 14 or we would like to amend section 14-31.1 entitled GCRD the general commercial redevelopment district by amending and the permitted principal uses to add wine beastro as a permitted principal use. So GC1 will continue to have bars and

taverns. GCRD and GC2 will have this new wine beastro use if this ordinance is approved. The next set of changes, we added another whereas clause to uh to take care of the fact that we were including or intend to include the GCRD um district addition for a peritive principal use. And that's what the two whereas clauses below do. They allow us to add that wine zero. Um, basically the whereas clauses um, we're we're supporting what we're about to change. And so that's what I apologize for what I just said, but that's what these whereas clauses are doing. They're offering support for the changes that we're proposing within the ordinance. So we did have to add some addition to whereas clauses in order to fully support uh properly adding the DCRB district in addition to the DC2 section four. None of these are actually changes but I did want to include for you and do include um and do intend to ask approval for us adding the wine beastro to GCRD. And so this page is basically highlighted with no changes, but the after number seven of the the permitted uses at the bottom, we'll go to the next page, which is adding the wine beastro as number 17 and bumping the telecommunication towers and antennas down one. The last of these um changes were simply uh cleaning up the the cotification the section numbers because we did add a section to add the the PCRD district.

Understood.

Again, uh we talked about consistency previously with the changes that had already been proposed in your packet. Uh these additional inclusions have also are also consistent with the land development code, with the city's comprehensive plan, and with our strategic plan. Again, these changes, these additional inclusions have also been approved by the community services department staff, public safety department, and uh and our legal team. So staff is recommending, we're suggesting, recommending, and requesting all of those things that the planning and zoning board recommend approval of this ordinance as presented and including the additional changes as we've just discussed. We're recommending approval as it carries forward to the city commission.

What kinds of questions we have? I appreciate your patience with that. Thank you, Gwen. Thank you for always having a thorough uh presentation. Appreciate it. Thank you. Explained it very well.

The um the terminology of of the different uh establishments, you know, professional and business office, retail stores. That wording is that unique for the city, the county or the state or is is are we following any other guideline vers or or just our our own city guidelines? So, so when the uh land development code and most of these were in place when the land development code was established in 1991 and when we adopted our own land development code, we did so by looking I believe at a lot of other uh municipalities land development codes, looking at best practices and then also looking at the makeup of our neighborhoods in our city and tailoring those uh to fit and match neighborhoods. As an example, um I spoke about GC1 being a um touristtoriented commercial district. It is different um in makeup from some of the areas of GC2 and also GCRD in that but especially GC2 it's very different in that um a lot of the GC1 properties are through properties meaning they have a street behind them. So, a street on the east side in front and then another smaller street um not a South Atlantic obviously South Atlantic was in front and then a smaller street many times um on the rear side of the property which means that there's separation from the backside of a lot of GC1 properties before they abut residential. KC2 is very different in in many areas in that it abotss directly to residential. So it's got a different

quality to those neighborhoods and what you allow through these principal uses and permitted uses um has the um ability to impact those directly abudding neighborhood um residential properties more. So when this this type of list is initially implemented in 1991 and then added to those are all things that staff looks at and ways in deciding what should be added to that list. We probably did look at other cities like I said but we also looked at the nature of the way that our city is constructed and the the characteristics of our individual areas. Does that answer your question?

Very much so. Thank you. I'd like that explanation. I had no idea that the that we had a an extra street and make the difference. It's not true for every GC1 property, but in a lot of areas that's true. Thank you. Any other questions? Go ahead. Making this change. Okay. Is that going to impact traffic coming to that specific? Traffic is something that we do consider. Um, we would I'm really more interested the limited parking spaces at that location. Can we open it to more business? How is that going to?

So, so most of our GC2 properties and buildings and uh storefronts are currently occupied. That's not which means that that a wine beastro coming into a GC2 property is likely replacing a business that was there before in in the case of 101 Dunlotton who was the requesttor for this use to be added. Um she already has a business in place there and this would be um an addition to that business. Right. But the difference is there's going to be more people coming to have a drink versus somebody coming in to buy a wall.

And for the parking on on each property, that's considered for the traffic as a whole. Um you notice that one of that our request is to also add this to the GCD district. we would um welcome more businesses to come into that GCRD district as we have a lot of vacant storefronts. So, I'm um we have evaluated uh that we are currently not fully utilizing the traffic that we that we can accommodate in that northwest quadrant of our city based on those vacant buildings. So we hope we hope to um to achieve even to the level that we can accommodate. We're currently not doing that.

Thank you.

The difference between a wine beastro and a bar. So, a bar does not have limitations about I'm putting the definition up of a wine at the bottom of the screen. Bar does not have limitations about um the amount of food that it serves. It can be strictly alcohol, um wine, beer, andor liquor. A wine beastro is very specific, specifically tailored to only being um offering wine. uh if they have beer options that they also want to offer, they can as part of the license that they have to obtain, but they cannot serve it for consumption on premises. They could sell it as part of of their offerings for retail, but they cannot serve that um open that and serve it for consumption on premises. So, that's a huge difference. Um, we also with the ordinance that we're about to talk about, we are also um clarifying the distinction that a bar currently cannot offer outdoor dining unless it's 50% of its food uh 50% of its sales are through food as opposed to alcohol. Um, wine beastro is going to be held to the same standard and restaurants are held to that standard too. So the the difference between this and the bar or this and a restaurant is that which was your question or both?

Both.

Both. So the wine beastro offers the wine sales can offer beer sales for retail. It offers it at retail. It expands that retail to allow consumption on premises and with curated food pairings basically. and the component for the the education from the formerly trained staff. It's very different. Its nature is very different from a bar. It's not buil as um in any way a place that you're going to go and um and overmbbe or embibe even as being the the primary purpose for you being there. It's an education component. It's a putting food together with it that pairs and talking about that, but not not a bar in the sense of let's go and just drink alcohol.

So, the Red Lobster was okay because you could drink outside. They had seats outside. They actually never applied for a an outdoor dining conditional use permit. They um they knew that that was an option for them, but they used that as staging people who were waiting. They had waiting spaces both inside and then they utilize the outside for that too. And Eagles is protected because it's a private club. It is a It is a private club. It's also it was there predating many of our our land development companies. They're grandfathered in. What's that? They're grandfathered in.

Yes, sir. Just for clarification purpose, the state liquor license there is listed. There's a different one for wine and versus hard liquors. And there are different levels.

Wine and beer is is traditionally lumped together. And that's what will allow a blind beastro should they want to um should they want to sell um curated a curated beer selection packaging you know packaging sales closed bottle sales they could do that but um but they're not through this definition able to serve on premises and that was a thoughtfully um uh we talked a lot about it as staff about the nature of having a tap room um in addition to a wine beastro. Would that be something that um that was desired? They're very different typically in the way that they're utilized and than people who come to enjoy them in that um different in amount of of beverages served typically. I don't have exact numbers for you but they are generally used in different ways and again these are properties many of which are directly abuing residential the backside of residential single family homes and so wine service and consumption on premises we viewed as a less intense certainly less intense than a bar and also less intense than even a tap room. So Dunes, which is not in our city, but it Dunes is considered a a tap room.

Um, I actually have not partaken. Can you describe it to me? Do they have beers on top? The Dunes uh beer that that's right next to the uh dairy uh the dairy place and it backs up to residential right there in Port Orange. So across the street uh two establishments later you have Dunes and I was just wondering how Dunes is marked. Is it a tap room? Is it

I'm Yeah. interested to find out. haven't dived into Port Orang's codes, but again, this request that was made to us and that we are attempting to accommodate because the city desires this type of use, specifically the wine beastro type of use. Um, we tailored it toward that as a as a less intense than a tap room or bar use. That makes sense.

I assume they have the appropriate license, state license to do this. Well, again, a state license that they would that they had for um for retail sales is insufficient to allow consumption on premises. That is a different license. But generally, the wine license also includes the beer, which will allow them to serve um not to serve for consumption on premises beer, but to to retail sale beer if they so choose. So there is some overlap we understand between um the the characteristics that are considered with organic lines and bio bio I'm not going to remember the word I apologize but um basically bioresponsible and ecologically responsible growth of of different products. There is some overlap between uh doing that with wine and also doing it with beer. I'm not selling marijuana still, are you?

Oh, that that business was closed. What? Was closed. A different different group of of different owner, different everything. Amsterdam. Trying to make that a one-stop shop. Amsterdam. Yeah.

Any other questions for Gwen? I would like just out of curiosity to find out how Dunes is listed in Port Orange because I know it's but it's two establishments next to this and it's just curiosity and it makes sense. The the common person does not really see the borders between the two cities. All they see is a couple of establishments and we're right next, you know, near each other. So, I was just curious to find out. So, Mr. Chair, director Cruz has informed me that it's a micro version. Oh, thank you. Thank you. Will inform.

All righty. Any more questions? Is there a motion? I move to recommend the approval of ordinance 2026-01 with the amendments that will be made. Second. Thank you, Jerry. Do you have roll call on that? We can do it. All in favor say I. I. I. Any opposed. Motion passes. Thank you. Thank you. Oh, I'm not going to write on this first. Um, point of order. Mr. Chair, these items are action items. They are not on judicials.

Okay. Thank you. There's an important difference. Yes. Well, appreciate it.

I don't know who this lady is or what she's doing.

All right, Gwen. Thank you. Thank you, chair, vice chair, and board members. again. Gwen Herstein, City of Daytona Beach Shores. Ordinance 2026-02 amends the land development code by streamlining the application approval and renewal process for certain outdoor dining conditional uses by doing the following. I'd like to go through these briefly with you and again stop me please if you have any questions. These were the changes that were included in your packet and already considered um within the code and the staff analysis. The top you'll see the the changes were emboldened a little bit so that we can look right at them as opposed to um to sifting through. But one beastro being added um and clarified that it can have an outdoor dining component to it. the bottom notice review and approval. Um, currently there is an administrative approval process for out for outdoor dining for additional use and a non-administrative process which includes coming before this body. Um, and then also going before the city commission. The administrative process is much more it it's cheaper. It's more simplified. It does not come with a public notice component which the non-administrative process does. It's more expensive, it takes longer, etc. Um, for the

administrative um approval process, currently you must stay at six tables or fewer and 25 tables or fewer or 25 seats or fewer to qualify for that that administrative approval process. One of the proposals that we're making here is by expanding 25 to 28. It's a small change, but it does allow a little bit more flexibility. Maybe you have a six top table instead of a four top table by the addition of those seats.

You can uh what was Milliey's approval? Was it for because Milliey's restaurant that we approved it a couple years ago? Been a while. I think it was 20. Um, how many I'm trying to associate our existing uh restaurant with what's on the table here. And I believe that falls into the same category, does it not? Millie's uh restaurant. It would be the restaurant component as opposed to the

dining wine beastro, but outdoor dining conditional use for that unless it was a development agreement. And I think that Stuart, if he's still watching and hanging in there with us, is going to be able to weigh in on that. So, I'm going to um to bypass your question just for a second um in case he does decide to weigh in. I just want to have association in my head to make sure.

Absolutely. Currently, the outdoor dining uh locations that have been approved, uh Shawarma has been approved for outdoor dining um that's in the 2500 block. um in the GCRD district and the other is Mulligans which this body got a chance to look at um and recommendations for and they that was a um schwarma was a an administrative approval um for fewer seats than six and or fewer tables than six and fewer seats than 25 and mulligans was a non-administrative approval. So that's why it came before this board and then ultimately went to city version. The um they also have a bar in addition to their seats like a counter, not a bar, but a counter. And then they have seats around their their fire uh a fire pit. So they they wanted more seats than could be dealt with by the n the administrative process.

And Jerry, if he does respond, could you please repeat the question for Stuart? Absolutely. Go ahead. If Milliey's restaurant, the outside dining area that we approved, I believe in 2020. Um, what is it that falls under the same classification as we're looking at right now under 25 seats? Uh, and how many tables? I think it was what? six tables and 25 seats is um the approve the the limit threshold for admin administrative approval above either six tables or 25 seats currently triggers a the non-administrative process.

Okay. Thank you.

Thank you. So we're proposing to give three more seats. It's not an earthshattering change, but it could be it could allow additional flexibility for business um wanting to utilize the outdoor dining. Uh there was a time limitation. uh outdoor dining conditional uses were approved for a year and then an application had to be made to um not the full reapplication but a a request made to the city manager and then payment of um an additional fee $110 was the renewal fee. And it was suggested that that could be something that we could wave. The initial setup of an outdoor dining um spot anywhere, whether it's administrative or non-administrative, is very um intense because there are so many requirements and it is a bit of a back and forth. This requirement hasn't been met. Let me know how you plan to address that. Let me know how you plan to address landscaping, for example. it is um it's a time intense setup, but renewals, unless they are attempting to change things, are not intense like that. And so we we feel that waving that fee, which we're going to get to in just a second, is appropriate and could offer additional people um an incentive to to offer outdoor vending. So we we proposed to remove this and in its place um and this change was on pages three and four of that eightpage ordinance. Um we propose to do an automatic renewal and that means no fee. It means that if you have passed your annual fire inspection and have addressed and or have addressed any items that were identified as deficiencies. Um, if your business tax receipt is is

current and um and if you also go through and meet the terms of all of the terms of a checklist that you submitted in the beginning of the process, then you automatically renew. If you do not meet those terms, let's say you've either added something, an additional table that you weren't approved for, you have the option of either going through and requesting an additional approval, uh, a new approval basically, or you can fix those items. You have three months to do that and then your, um, outdoor dining would renew once you became compliant with those items.

Who is going to check on that though? say somebody decides to add four tables, is somebody going to go around and say, "Okay, you know,

because we're a small city, we do see a lot of those things um as they occur, but not relying on that. Um the creation of this checklist is going to be a part of this process. It actually streamlines in another place in this code. It's actually called out and mentioned. um we will use that same checklist and that's staff will use that same checklist when it's time for renewal to take place and we'll stand and go right down at the site and identify any issues that are inconsistent with what the terms and requirements were for the conditional. So somebody from the staff will actually go

somebody from the staff will go but I don't anticipate because we see things as they occur. It's generally not going to occur at the one year mark, but we'll And you're leaving it by chance if you you know, somebody by from staff will absolutely go and and we'll keep that in in the file. Okay. That they um either had a deficiency that we need to go back out and and relook at or that that uh they're that everything has been kept consistent. Thank you.

Thank you. Submission requirements. Um, if you look at what was crossed out, um, this change really just attempted to, um, to clarify and maybe put it in an order that was a little bit easier to digest. What I found is that for many of these outdoor dining conditional use permits, this is a something that gets handed to the manager or or maybe not the general manager, but even a um a dining room manager to fulfill with the property owner signature in places, but it's it's it's not always a lay person and it certainly doesn't have to be a lay person, but in many case it cases it is a lay person going through these requirements. So this particular change was an attempt to clarify um and make make a little bit um give it a way uh to be digested more easily by a lay person and or someone else who's completing the application like a professional. It it won't hurt them either, but that was the entire purpose of this change. again one beastro. Um I I had mentioned before but the top portion of this code section A subsection A4A um you cannot utilize the outdoor dining component unless half of your sales comes from either food or the retail component that you offer. And so this just clarifies that a wine beastro is allowed to do that as well. The bottom section uh the um

the bottom section has always been but again we're just adding wine beastro to it. You cannot have a restaurant that's 1,000 square feet and an outdoor dining component that's 2,000 square feet. If you have a restaurant that's 1,000 square feet, you're limited to 500 square feet for the outdoor dining component. Just a suggestion, Gwen. Of course. In the in the past when we had Casual Bird or the Buttput Place, what's the name of the Mulligans?

Mulligans. They had very specific drawings to indicate where the outside tables were going to be, where the setup was going to be. And we don't see that here. I'm I'm just having a little difficulty envisioning where they're going to put because if that's not going to impede the parking and it can impede the sidewalk and we have all the restrictions very well written and clear. I'm having a difficulty in my mind where are they going to put the outside dining and it would be very helpful they would have had a drawing of the the setup in order to help us visualize staff agrees with you 100%. I went back two slides so that we could talk a little bit more about the one that we were just describing with the submission requirements being clarified. Let's talk more specifically about what's taken out and then how it's restated. We're not taking away that component. It's absolutely essential for life safety. We don't want you to be ab budding a parking spot that is going to be utilized by a vehicle with with diners sitting two feet away. 100%. We don't want you to be sitting in the the um the right of way on the sidewalk. So absolutely that's essential. If you'll look at what was crossed out, floor plan, and this is about halfway through this um code, floor plan, building elevation, fire hydrants, setbacks, location of refuge containers, layout of all tables, chairs, and other furniture, nearby utilities and pedestrian ingress and egress, a dimensioned sketch of the seating area and photographs, drawings, etc. So that becomes at the top a sketch of the outdoor seating area depicting all outdoor furniture and its dimensions from nearby property lines, buildings, parking spaces, driveways, utility

service points, including fire hydrants, proposed screening or buffering, outdoor lighting and signage, and any fixtures related to the outdoor dining. We're not taking that away. We we're just restating it in that paragraph to be a little bit more digestible by a lay person. Excuse me, if I may. First of all, movies is falling under that classification. Okay. And secondly, the director wanted you to know this is not an application for outdoor dining. This is just a change to the code. Yeah. And that's why you're not seeing any seating plan or drawings. I was just wondering where Millie fell in that. But Milliey's would qualify. Okay. Thank you.

And you had also mentioned casual bird. Casual bird was approved through uh a development agreement. It was a separate process. Did Did I answer your question in that we're not removing We still want the sketch. That's but we're clarifying that folks, you can put it on one sketch. You don't have to address each of these components separately. You can put it on one sketch, but we need every dimension that I've listed there in a row. I think, you know, Chuck's mention of, you know, trying to visualize where exactly it would be, it'll be helpful in impeding traffic and and proper parking spaces, it would just be nice for the board to see that

always. And it's it's essential for staff, too. We can't properly review an application without that component. We're definitely not removing that component. All right. Thank you. And with the renewal, that checklist that's on the checklist, it's part of what we're looking at when we go back out. So, in addition to having had it set up that way, it's at the minimum an annual um chance to look again and correct if anything was uh was deficient or changed, misappropriate. Yeah. Great.

Which is an improvement from before. Before they submitted a letter, a request and a check. So, this is less intense on the property owner and the the uh tenant um in that they don't have to submit paperwork, but instead they have to keep their property maintained in a number of ways. It it's a better possible overall outcome, but takes away the administrative component from the um from the outdoor dining owner. So we were talking about uh this particular J uh which is on P page five of eight. Uh currently if you have a dining an outdoor dining space of less than 100 square feet, your parking component does not have to be considered. Meaning you don't have to demonstrate how you're going to meet an additional parking need. So, we've expanded it just a little, but also qualified it at the same time, saying up to 150 square feet, but no more than 12 seats, you can um enjoy that same ability to not have to provide us with um with your parking requirements to have us go through in detail. Oh, no, you don't have you're missing one parking space to be allowed to do this. And there are a lot of reasons that we think this is acceptable. It's not a huge change, but it is what I would call an easing. Um there's a lot of ride sharing that happens. Uh I for one, if I've when I say ride sharing, I mean like Lyft and and um

Uber Uber

Uber. Thank you very much. Appreciate it. Um the that happens especially if if I've gone to a place and it was very hard to park there. That's a candidate for me in my mind the next time I go to possibly utilize one of those services as opposed to trying to fight in front of parking. But this is a small area but a slight easing, a slight change. Um, if you try to pull into a place and all the parking is full, you may say to yourself, "That's not where I'm going to go." But having that seating outside does a lot of things for um potentially for the business. I have been told at times by some businesses that not have especially newer restaurants that not having a banner drastically changes whether people are coming in to try their business or not. having outdoor dining is the potential to have a banner all the time but in an attractive approved way. Does that make sense? Okay. So, this is a slight easing and a clarification. There were there was not a seat max listed before with this and we said we're saying be a little bit bigger but no more than 12 seats. the bottom portion of that um for any change to what was approved whether it was administrative or non-administrative triggers at the current time it triggers and requires brand new approval brand new application and approval for it. Um, we have added the component that if it if it's a small enough change, if it's what we would call dimminimous as a change that it can be just agreed upon by the city manager or designate at the staff level, but it does not trigger that kind of approval. Again, for consistency review, it meets

the um requirements of our land development code. this ordinance does of our comprehensive plan and of our climate change strategic plan and staff has fully reviewed this and that includes the community services department, public safety department and our legal team and and it's in support. staff is requesting that the planning and zoning board recommend approval of this ordinance with the following additional recommendations as requested. And this is where that highlighted ordinance 20262 that I handed you before the meeting comes in. And I do appreciate your patience this morning. Let's look at those briefly. Um this is the title of of um 2026 02. What we're adding here is to streamline and clarify the application and approval of process requirements for conditional uses generally. So, previously the ordinance only contemplated uh streamlining approval for the outdoor dining conditional use, but we also have looked at the general conditional use requirements and see some ways that we can simplify, clarify, um and streamline that. And that's what we're attempting to do through these changes. There are fewer than the last one. So hopefully this is um is amendable. Page three of 11 of the packet the the new ordinance that I handed you before we required that a written statement specifically addressing the general requirement of the use the proposed use and stating how the application is asserted to meet those requirements was something that an applicant needed to provide. um it it's asking a lot and unfortunately what we received many times was a simple letter saying we'll

meet all the requirements. It wasn't causing a thorough stepbystep um evaluation and and how we're going to meet an analysis from an applicant. We propose through this change that instead the owner uh and applicant sign a proposed uh or sign a checklist which has all of those requirements listed and they have to go through and then sign and notoriize. So, it's it's it's easing for the applicant, but it's also at the same time going to help make sure that they're aware of each of these requirements because currently there are some requirements in the general. Then there are some requirements that need to be met in the outdoor dining, specifically the outdoor dining code. And so, this will streamline it and just put everything in a in a way that's very transparent um that needs to be met. So, I think that's an improvement. And I like uh how thorough you were in specifics, you know, closing at 1000 p.m., making sure the lighting, you know, is turned off at that time and and the music uh and the furniture being kept in good condition, all that was detailed in that. Bill, I appreciate that because that was some of my concerns and questions and you've answered them in in the evaluation

and and the I I while I appreciate the thanks, those were already part of this code and and were implemented when it was written. We're not proposing to change the times uh that an outdoor dining use is is allowed 7:00 a.m. to 10 p.m. There's no change to that. So, there are a number of things that were already absolutely spoton and appropriate about this code. We're just we just look for ways that we could tweak it, make it simpler, more clear for the person applying and ultimately for the city too. It helps us um anytime that we can be simple and clear, it helps us in the long run as staff. Uh no conditional use activity. This is a this is a clarification basically saying that um without obtaining approval you cannot be utilizing the outdoor dining component that you have to receive approval for it whether it's administrative or non-administrative. So that's just a clarification. Again, another clarification. It was just a verbiage change, but it helps to be more clear. This is a change on or two changes on page five of 11. Um, it's clarifying what a withdrawal of approval means and what it requires from an applicant. So, a clarification there and then some renumbering at the bottom. So from those changes that were proposed, the additional inclusions, the main change that is streamlining in this in addition to clarifications uh in other parts of of this highlighted verbiage, the main change is giving them a checklist to go through and actively

agree to as opposed to asking them to demonstrate how their project is going to meet every single requirement. So, it's a it's it's a small change, but I think will be very helpful for everyone involved. The additional inclusions do meet the land development code requirements, the comprehensive plan, and the strategic plan. We did receive uh staff support again for these additional inclusions from the community services department, public safety department, and our legal team. and staff is suggesting that the planning and zoning board recommend approval of ordinance 20261 as presented

including the additional changes. Thank you very much.

Thank you. It is two 2026 02. I would like to request one additional um recommended change and that is at one point in this code uh a slide that was stopped on for a bit removed some requirements and then restated them. One thing that was not restated well and should be adjusted is that the requirement that um that commercial grade furniture be utilized as opposed to something picked up at Walmart and and plunked in, you know, those really light t uh chairs that flop over with um with a 5 mph wind. We required before and I'd like to continue to require that commercial grade uh tables and chairs, any equipment that they use for their outdoor dining uh be utilized.

So just to be specific of what you said on page 8 N, all outdoor dining elements including but not limited to furniture and accessories shall be uniform design and style. You want to you want to expand? Uh I would like to revert to the original. Let me find this slide exactly so that we can look at it commercial grade. Yeah,

this is um and that's certainly something that we can do. We didn't want to be um to be too difficult. We're not trying to make things more difficult, but we didn't want to remove that component because it's essential to having an attractive space that doesn't have chairs flopping over all the time because they weigh a pound and a half and and um blow over degrees like a chair that you might grab for $10 at Walmart. Um no offense to Walmart. Yeah. But I'd like to add that component back in to make sure that that's not taken away. And I'd like your recommend commercial grade.

What's that? I still think you should define commercial grade because commercial grade to you might be something commercial grade to me might be the one I rent out on the beach. Understood. And absolutely if that's the recommendation then I uh I think that it's appropriate to include one other question. Absolutely. Page three. Page three. Paragraph three. Is this of the highlighted language or the earlier language? Highlighted language. Page three, paragraph three. You there yet? No. Okay. Page three. Paragraph three. Yes.

That gives a lot of power to the city manager.

And typically this is by the design, but it is um it is a way to put um a final a final veto power to it, if you will. And this was in place before uh the city manager or designate shall um shall review and administratively approve conditional use applications. That was already the language in the code. We just clarified a little bit. In today's in today's political system, if the city manager doesn't like you, well, if the city manager likes you, you know,

that could favor his position one way or the other was if maybe you had three people doing it like staff and the city manager, that might give more credence to legitimacy. the city manager is um in the time that I have been with the city and and especially in this role, the city manager is never the sole reviewer of of an application such as this, but it says that or design. Well, okay. Are you recommending something particularly

I would think that I think you ought to consider at least three people making that decision rather than just one. since he can designate somebody. That's just my suggestion. Just get away from favoritism. Okay. I understand what you're what you're asking. Other than that, this is a fantastic thing. So So what you're recommending is to indicate staff shall have the authority or or city manager and staff a minimum of three. That would be my recommendation. Whether you follow or not is up to you. Well, I'm sure I'm sure I'm sure legal will view that and and touch it up and and give some suggestion exactly the wording.

Will legal do that? Yes, we can take a look at any amendments to the ordinance before council. I don't want anybody coming back and saying somebody did favoritism to somebody which seems to be popular today. Making the statement is popular. I absolutely um I feel like we have something special here. Um, but you're right. It putting it in the code and making the making it clear is never a bad thing. Any other comments? How does that impact the vote right now? that came out additional

staff is accepting that we will um that we will make that change as well in addition to the other that you um that you requested which was defining the commercial grade component. And if it's acceptable to the board that that be included, then then you're in a position to to recommend approval of all of these changes with the conditions that were discussed. Correct. So that's what we need to say with the conditions that were discussed and approved the amendments and the discussions. All right,

Mr. just from from the director use the standard language in most all land development bills and it is done to create expediency and efficiency in the approval process having just the CM or the designate as it's been for years.

Understood. All right. Any other questions or concerns? May I may I just state that by our director saying that I believe he's saying that this language as it exists currently is standard um planning practice to include in exactly this way. Um so I think I'd ask that everybody look at it additionally to find out whether your recommendation includes clarifying that specifically or whether you accept that that's standard language. and um and and are and find the language acceptable.

I think we depending on our yes or no vote will be that it will take that into consideration. Well, I I guess that we would need your recommendation to include whether you're um requiring that three that this portion on page three of 11 be clarified further as discussed or whether you're allowing it to be approving or recommending that it be accepted the way that it currently is. Okay. So, so, so Mr. Lily made a suggestion and um you indicated that you were going to consider it and look into it. Yes.

And that's what you said, your consideration to look into it. We're not saying we we're not going to approve it unless it's changed. So, so as long as we get your looking into the situation, correct? Right, Mr. Chair? Mr. Chair, whoever makes the motion Yeah. They need to include whether they want three or more staff members or not and we'll go with that.

Okay. Not general as so far as discussions be specific. All righty. Everybody understood? No. Any need for clarification or other questions? So, do we have a motion for ordinance 20262? And please be specific. Any motion? Move to recommend approval of ordinance 2026-2 with the following amendments as stated. So as stated.

All right. Is there a second on that? Second. All right. Sherry, can we have a vote? Mr. Yes. Mr. Desai. Yes. Mr. Pard, yes. Mr. Mar, yes. Mr. Yes. Motion passes with recommendations as staff has presented today. All righty. Thank you. Thanks, Gwen. I appreciate your patience.

Oh, no. Thank you. this. I know it's difficult after so many months of not being together and putting everything together. I we appreciate everything the staff does. Now, under the the next uh portion of the meeting, the 2025 contingency management report, are you presenting that? The concurrency report, I'm not presenting at this time. At the next meeting, which will be on March 9th, it will be either uh Director Cruz or myself presenting that. Okay.

Thank you. Um, which brings us to item B. Okay. So, it is time to nominate the new chair. So, if anyone wants to offer up a nomination, you can nominate yourself as well.

Someone has to say something. I nominate Rick. Second sucker. How about vice chair? Hold up one second, please. All right. And you want to do one motion at a time. All right. So, finish the nominations and before Mr. Lily.

Yes. My computer's not agreeing with me today. So I'm any other nominations for chair. Okay, that closes. I'm going to call a vote. All in favor, Mr. Delange as chair say I. I. Any opposed? Motion passes. Okay, we'll now accept nominations for vice chair. I nominate Chuck. I second that. Any other nominations for vice chair? Okay. All in favor of Mr. Hin for vice chair say I.

I. Any opposed? Motion passes. Are next. Okay. So, a discussion for change of meeting time day and time.

Oh, yes. I see that you're you have concerns. So let's talk about that. Uh so basically we were meeting uh at 8:30 Monday mornings at the uh request of a particular board member who was on the board for quite some time and it was um everybody was beautiful about honoring that um staff. Now that that board member is no longer on the board, she has retired from her years and years of service. We are suggesting that there may be other times that are primarily let's let's just say this um more convenient to folks who might wish to be on this agenda maybe traveling from out of town may have an attorney coming to to represent them in this way and so that's the primary concern but we have identified some potential um time slots to use instead and would like to offer those up to the board members because it also has to be convenient for you folks.

Let's hear them. So, let let me pull this up. Let's hear them. T What was that? I said 2:00. Does that mean I have to cook? Who's cooking? I can do cookies. Okay. So, in front of you that's not what we want. I saw some times there. There we go. 2 pm on Tuesday.

So, these are in order of staff's suggestion. I'd love to start at a and if that doesn't work for somebody, let's move on and see if we can't find a consensus, a time that'll work for everybody. Um 2 PM has been desired by multiple parties in the past as easier for uh potential applicants to be here for a lot of them who have to travel. So there are two 2pm offered. The other shift is to um there are a couple different shifts right now. the this approval happens and then most of the time not everything but most of the time it then has to go to the city commission which is almost a full month away. So we're trying to shift this meeting a little bit closer to the center of the month too. So that's that was a consideration as well. And you'll see at the bottom March's meeting, we already have at least one party who has um provided letters to abuing property owners for that particular date. So, we're going to have to stick with that date to to accommodate.

So, we're looking for April. We're really looking for April. Any you're looking for us to vote for either A or B option? A, B, C, or D. But they um you know we'd ask that you consider the the higher or the lower power that works the letters first like A and then if that doesn't work maybe consider B and then move on to C. And why was a Thursday an an option? Why was Thursday an option? Yeah because it's

well and Thursday originally Thursday morning was also going to be an option. So you would have had a 10 and a two, but there are 80 people who participate in I think it's a it's a silver sneaker Zumba class and they put weights down and apparently it is we wouldn't be able to concentrate is what I'm told. So Thursday morning was on this list but it got pulled off and we're left with Thursday afternoon. Rendy's more convenient for the city council. I didn't I didn't mean it that way. out to them as as to what's convenient for them because really what's more important are the people who are going to be in the river. You want this to flow what we do flows right into what they do. Yeah. Correct.

So you don't want it to be like two weeks later as a shortened amount of time but not so short that we can't pro they need on six o'clock on first Tuesday of the month. I'm sorry. They meet on the first Tuesday of the month. First Tuesday at 6 p.m. Correct. Correct. And so right now we're meeting on the Monday typically directly after that and then there's this gap before before

understood. So we meet the Monday and then they meet the Tuesday that sort of brings it together. But then well if we meet a little closer to the middle of the month it's less time for an applicant to wait before they take that next step which is city commission. But it's also um it it also gives time to prepare properly for that city commission meeting because like today there are a number of changes that will be made to that ordinance before being renoticed and then presented to the city commission. So there's not a staff uh recommendation.

The staff's recommendation would be in the um the FA in the choices you're given. Staff has already weighed in. We've got it, we've got the city clerk, we have our city attorney. Um, and then typically the director and myself staff has already weighed in in generating this list. And now they're being offered to you by um any of these could work, but staff is asking that you first consider A andor B. C would be best. C would be best. See, and you okay with any of those? Yes, sir. Hi.

See, get you closer to the middle of the month. I'm a pretty happy assistant. Are you Siri? Siri. Siri. Don't you hate when Siri does that? Um, fun to mention, we can also keep Monday at 8:30. This is really the best for all of you. We don't have to change. I hate to say it, but I got not used to it. And you guys, it's more important for I think we retirees are a little different than you guys. D is allowing for today, just bumping it by an hour and a half to 10:00 a.m. instead of 8:30.

Okay. With either C or D. Hey, what are you doing? I'm flexible. I a two. Yeah. Yes. They keep it the same if you want. I like that's why I was asking what was the staff recommendation because I'm fine either way. Just you get used to it. I'm I'm I'm a I'm a kind of individual that's I like the pattern. Yes. No, I understand completely. When I first realized they were at 8:30 on a Monday morning, I went, "What?" But then you got used to being in the habit. However,

keep it if you want to keep it on Monday, moving it to 10 would help out of county applicants who are trying to get through. Okay. So that's what I was looking to ask you. Which one is is your recommendation? So now it's which Monday do you want? You can do 10 a.m. any Monday. So So the it does the the third Monday work better for the commission meeting or the second Monday is my question and I think Mr. Lily's question because we're trying to coordinate with the city commission meeting and make it easier for everyone involved.

The third Monday gets uh the applicant um to to more of a middle point so they're not waiting three weeks for their next step which is the next meeting. The the second Monday where we are now is a little bit um it it's allowing a longer time period. We have to wait. The the third Monday still gives time to prepare um for the city commission meeting. We we hear you. That's what I was asking for. Staff recommendation. Um all right. So, can we can we uh go down for a vote? Chuck, you want to start? What is is your vote?

I I recommend uh the 10:00 slot on Monday. D. B. C or D. I guess B. No. No. C or D. C or D. C or D. I'm sorry. I'm sorry. C would be more. That's the one that staff kind of agrees on the third Monday. Correct. It's a little bit Yes. A little bit less of a delay to the city. Okay. Yeah, I think you need see C see C see in Spanish. C. I abstain.

Okay. It looks like we have a consensus switching to the third Monday at 10:00 a.m. All righty. Please, when you sent the email, we clarify on that because we need reminders exactly of what time and and the next one on March 9th, please remind us is still set at at 8:30. Yeah, March 9th is definitely still 8:30. That's what I've got on my calendars for all your for today. What's that? I've already got to change all my calendar dates. You're good. Maybe you could change everybody else's, including mine. I appreciate it, everyone.

No, thank you. Thank you for bringing that up. I think we what we're trying to do is make everything work efficiently and seamless seamless. All right. Any questions or concerns? Anybody has any questions? Mr. Chair, I have one more announcement. Yes. Um we will be assigning all of you a city email. You would what? We are assigning all the board members a city email. Oh,

okay. Um we hope to have that in place today. should be ready by later this week. Um the email will be the first letter of your first name and then your entire last name at cityofbs.org. It's like staff emails council. So J liy ceri at city of

So is there a filter that comes with that and who is responsible? uh is there a a pre- individual that sees it or does it come straight to us and then steps in order to if we get any you know emails what steps should we take if there's any I like to have a format to find out what our procedures will be we'll be using it to send you the agenda okay and meeting reminders all right or anything else of importance board related Okay. We will not be sending you just spam or scam intentionally,

but it also wouldn't be appropriate for us to provide your email to an applicant today. Okay. Okay. That's my question was it then our email is going to come up on the city website and people can send us email or is only going to be for internal use? I'm not really I think it's that it be for internal use. Yeah. But I but it's a public record. You're a board member. You're everything you do is in the public. So if we're asked for it, we have we have to

My my only concern is that if we can have guidelines for this, I'm sure there are city guidelines that indicates the appropriate the appropriate uh emails and what's not appropriate and what steps to take if we get inappropriate emails or what steps to take if we get you know, I'm sure there's internal guidelines to that. And if you can share that with us, our our IT manager who's not available this morning, okay, will be provided. This will be good and I think legal will appreciate that because if we need to have some guidelines being if we have in the city uh procedure on emails,

so we'll also provide that because we will be moving you towards the board platform for civic clerk. So in the future you will be able to see the agendas right on the computers in front of you. You'll be able to view it at home you'll log in we'll provide you a login use your own password program that when I send out the meeting notice you can log in at home preview everything instead of looking at it through your personal email and word you'll be using it through the program that I utilize. Can I have a suggestion? Yes sir. Is is there any way that we can have a 15minute class on this? Absolutely. We will. Once we're ready to go, we will do that.

Okay. We'll hold the meeting first regular and then we'll have a short training session at the end. Perfect. Okay. Okay. But that's my goal is to get you to using the civic flirt platform. That way you can make notes on things, you can write down questions. So when we get to the meeting, you're everything's right here for you. And this is going to be rolled out when? next couple months. We're going to get you the emails first. That means true. You heard that. Be more optimistic. No, just let us know because Oh, absolutely. So, so for the next two months, anticipate the same system that we're having now. That's right.

And we should not really reply to all. We should reply only to Sherry. Correct. You should always do that. You should never reply all. Thank you. Just wanted to verbalize that. Making sure that everybody understands that. I think it would be appropriate to have a best practices for that kind of an email. What if you do get an applicant uh request or something? Exactly. Exactly. That's my whole point. Yeah. You want to make sure that we have the dos and don'ts and what to do. You know, contact is Sherry the person or the IT person or Gwyn or who should we reply or we'll put that in the best practices. Thank you. Absolutely. And I have two things. Yeah.

Um the it is a very active legislation session. Yeah. um which concludes typically if it's typical it'll conclude uh March 13th and then so by April and possibly in March if if it's appropriate but by April we should have a a synopsis of any changes that were made any changes that were didn't pass but were prominently considered that kind of thing so we do expect to have that on the agenda and then I also wanted to say that I hope to see everybody tonight at the board appreciation dinner. Thank you. Just one question. that going to have any effect on exparte communications? Good point. You reply all at night.

Sure. So, the the main consideration with um exparte communications is any kind of items that may come before the board. So, the sunshine law really focuses on everyone on this board speaking to each other outside of session. Um because the the goal is transparency. So if someone as an individual emails you uh with a request about an application um the the major consideration is you should not be speaking to each other about the application. You also should refrain from responding to the individual until the appropriate channels have been followed and that will be put into the best practices policy. And if anything ever happens that confuses you or makes you uncertain about Sunshine Law or Ethics, you can always reach out to me. Um, I don't know if you have my individual email address, but I'm happy to give it to you um before we leave if that would be helpful.

Jerry, if you can add that because I think we had I had the old uh lawyers but not yours. You can send us. Yeah. Go ahead. Thank you. That's those are the two items you were going to say.

I I Yep. You want me to make up a third? Well, just by next meeting because I think a lot of us are curious to find out because in the last two years we've approved five condos and one hotel and we haven't seen any construction. And we've seen work on the lots and seaw walls, but we haven't seen any construction. And we would like to I mean, I would like to see an update on what's going on. And I I it's my understanding that the uh the the state gave the permits an additional uh limitation and we I have no idea what that is and what the whole aspect is.

Just a quick overview. many uh development orders were extended um into 2029 all the way to 2029.

Yes. The the amount of time it's it's a whole formula. It's dependent upon how much time they had left when the order is is um first established and but up to 48 months. And because of the number of times that the governor's order was extended, most were able to take advantage of that additional 48 months. So 2029 is the um extended out date for many of our developers. We have been reviewing actively reviewing the 3411 South Atlantic Avenue project. Um the one across from Burger King. Yes. Okay.

Exactly. And so we have issued um our second round of comments and expect a resubmission for hopefully for hopeful hopeful approval um by staff and then to bring it before you the um any day now basically we expect that next submission. So it's a winnowed list of comments. They're um from what I understand working on those actively and we expect that submission any day. Others are taking advantage at this time of that extension. Well, does that include the demolition of those individual homes? That's right across from Mad uh

Mad Dog Surf. There was no requirement to uh to demo them by a date certain. And so they are continuing to utilize that property the way that it exists right now until they decide to move forward. Because I saw the the the plot of land across that we also approved it had a for sale side. We have noticed that as well. Well, what does that mean? It's for sale. It can mean a lot of things.

I know. All right. But just if you if if part of the presentation at the end if we can get an update, it will be appreciative because we approve stuff and then we don't don't hear anything about it afterwards and then we don't see it. It'll be a nice aspect to add at the end of our meetings. Okay. Does everybody agree? I have learned on this committee and with code enforcement too that if you approve something like the the 3411 and they got four years to do it, they can sell that property because that's basically what they're there to do is sell it. Sell the idea because it's already been approved, right?

And that's what they're doing. And that's what the big one did up here on the where was it the Treasure Island was or whatever that big piece of property is on the north end of town. It's been for sale for like two years since we approved it. I don't want to speculate what any individual property owner is doing, but I certainly can provide the dates and where things stand with regard to staff sub you know submissions to staff etc. Now, would would that be something that could be uh an update on a email that they can say that a summary update or does it have to be part of the meeting?

Don't know if I can advise on any specific hypothesical without context. Um, I request if if we'd like, if this is acceptable to everybody, that we do it on a quarterly basis at the end of a meeting so that you know when to expect it so that it's out um because if you're having these questions, they're probably other people who were having them as well in the community.

I think that's an excellent uh suggestion. Are we referring to situations where the staff would be updating the board on on development, not on individuals in the community to update the board on the development? Okay. I think that it's still appropriate for the staff, like you said, to do it at meetings rather than by emails for transparency purposes because people in the community are going to want to have those updates as well. Okay. That I'm fine once a quarter. It's a great idea. Put it on your folder for once a quarter and then present it to us. That'd be awesome. Thank you. Okay. Any other questions or concerns?