Good afternoon.

This meeting in the community development board is called order on June sixteenth.

Welcome everyone.

As we begin this meeting, help us to engage in meaningful discussion.

Allow us to go across a group and nurture the bonds of this community.

Please join me in the pledge.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation, under God, indivisible with liberty and justice for all.

I am Michael Bootsgus, and I'll ask the other members of the staff to introduce themselves, beginning on my left.

Andy Park, O'Brien Hogar Court.

Point Hamilton.

Noah Diker, Board Attorney.

Rosemary Call, City Clark.

Matthew Minnesota, Assistant City Attorney.

Michelle Chenault.

Louise Cerna.

Andrew Hupp.

Thank you.

Please remember to turn off your cell phone so they've not become a distraction during the meeting.

Please also refrain from having conversations in this room so we might hear all the testimony given today to ensure a complete record of this board's actions.

We ask that each individual wishing to speak, including the applicant, speaking to the microphone at the podium in front of us.

Clearly state your name and spell your last name for the clerk.

Now we'll ask all those in attendance today who plan to speak to please rise and be sworn in by the clerk.

Do you have firm departments about your entire testimony?

Thank you.

Agendas of today's meeting are on the podium to your left near the entry door.

Also on this podium are a roster of the community development board, the list of city staff, experts and their resumes, the board's rules of procedure, and the annual schedule of this board.

Our first order of business is to review and approve the minutes from last month's meeting.

If everybody's had a chance to review them, maybe piece of a motion for approval.

I'm a motion to approve the minutes.

Second.

Motion made and second.

Any discussion?

There being none.

All in favor say aye.

Aye.

All opposed.

Motion carries.

Next on our agenda today is for public comment on any matters not on today's agenda.

Is there any person wishing to address the board concerning any matter that is not appear on today's agenda?

Please come forward, state your name clearly into the microphone.

And welcome back.

Hello, guys.

Um, my name is Alex Stein, S T E I N, and I have a serious uh grievance that I came here for.

I just got off a fabulous carnival cruise ship, other than the fact that uh lost about 6400 bucks in the casino.

Um it was a great time.

I'm wearing this ridiculous mask.

I got diagnosed with hontavirus, and I don't want anybody.

And I got monkeypox, but I'm vaccinated for both, so I think that I will be okay.

But I was planning on going on that beautiful carnival cruise with my wife Deborah until she met a guy named Jeremy that told her about this really cool new age spiritual religion that can bring her to a place of clarity.

And you know what?

I thought at first, oh, this is a pretty cool thing, you know.

It was all about self-help.

I was watching Grant Cardone podcast, I was thinking about investing in real estate.

And then the next thing I know, I'm I'm looking at my wife's text messages, and she's sending scandalous pictures to Jeremy.

And then she sits me down two weeks before we're supposed to go on this cruise, and she says, Alex, I know you're so excited for this cruise.

You've been working so hard for this, but I can't go with you.

And I'm like, Deborah, what do you what are you talking about?

Like my parents are gonna watch the kids.

Like, what are you talking about?

You can't go with me.

And she's like, well, Jeremy and I are seeing each other now.

And you know, it is what it is, and Jeremy doesn't want me to go on this cruise deal.

And I still, because I'm an honorable man, because I'm not a coward, because I'm not a person that's gonna just back down.

I still want on that cruise.

I lost a lot of money in the casino and I got infected with monkeypox, but still feels like a win.

But I will say this.

This Jeremy guy is a member of the Church of Scientology, and I'm begging you guys.

They are trying to take my kids and listen into the Sea Org.

And I don't want some intergalactic space alien named Zenu telling my kids they got a bunch of Thetans in them, and they're gonna turn in the next Tom Cruise and be in Tropic Thunder and have one of the main actors wear blackface.

Like, I'm not here for that.

So I'm begging on this council.

If you care about the community, we must stop the church of Scientology.

L.

Ron Hubbard was a Satanist.

He was doing disgusting things, probably with children, but even if he wasn't, he's done enough with the discommunication and the uh identification of calling people like myself a suppressive person, all because I don't want my kids to be enlisted into some sort of military wing of a Scientology church that I don't even understand.

Please, I beg you.

We must expose the Church of Scientology for their way that they treat families and make it so I cannot be a part of my children's lives.

They do not deserve to go work on a boat for pennies on the dollar.

El Ron Hubbard should be exploiting my children, and Leah Remedy exposed all of this.

So I I implore you to do something about the Church of Scientology.

Thank you.

Thank you.

Do we have anybody else wishing to speak on matters not on today's agenda?

Can we stay?

I'm Bill Johnson, 2694, Redford Court.

Um I think I know most of you.

Welcome back.

Uh Commissioner Hamilton Lewis.

Um I just wanted to share with you something that I've noticed out at Clearwater Beach.

It may not have direct uh connection to this board, but that's what I'm not on the agenda is for, right?

Um we have beautiful properties on Clearwater Beach that are lushly landscaped, but then we also have the spoiling of our beautiful beach with stickers, and we have a volunteer program within the Clearwater Parks Department, which have been involved in, and it's removing those stickers, and we're making some progress on that.

But there's others that the uh stickers and the uh graffiti have been on there so long that it's really impossible to read to remove without the uh the help of uh city forces that's uh a city parking lot that should be better maintained than that.

Uh and we also have transformers, Luke Energy Transformers that are just covered with these stickers, and I don't think that's part of Clearwater Break Beautiful from the Fate of the Beach.

That's my message.

Thank you for being here.

Thank you.

Do we have anybody else with any um matters that we should speak on on today's?

Yes, sir.

Thank you.

Seeing nobody else, uh, before I go to the consent agenda, we have a couple of new members on the board.

Can you say your name and just welcome back?

I know you've been involved in the city for a while.

Uh Hoyd Hamilton, uh glad to be uh appointed here.

Um here all my life, uh, except for a couple of uh brief stints up in Atlanta, Georgia, one for my college education and one for my two sons' college educations.

And uh, but uh I've served 14 years on the city council.

Uh loved the city.

Uh my family was fortunate enough to have very successful business out on the beach that after 62 years, uh, my brothers and I decided it was time to uh uh move on to another chapter in all of our lives, and uh uh so I'm kind of enjoying uh life as it is and uh have a little little extra time on my hands.

Well, thank you for volunteering and being part of the board.

Yes, uh Luis Sarna, 10-year Clearwater resident, uh city planner, uh planning consultant, so uh also an AB and runner and cyclist and kayaker.

So uh, you know, have those interests and uh looking forward to serving on this board.

Appreciate it.

Thanks.

We look forward to having both the experience and the insight to help us out.

The sport has adopted a consent agenda format, and the consent items are identified as such on the agenda.

Consent agenda items are those items for which the plant the planning and development department recommends approval, and the applicant is in agreement with any proposed conditions.

Please note that written comments to the case that have been received today do not result in any item being removed from the consent agenda.

Items may be removed from the consent agenda today by a member of the board, a member of the staff, or any person in the audience for questions or objections.

I'll read each item on today's consent agenda, and if any person wishes to remove this item from the consent agenda, please so state uh or raise your hand and we will remove it from the consent agenda.

Items from the consent agenda will be heard in the regular order of the meeting.

Items that remain in the consent agenda will be approved as a single vote as each type of hearing.

The items on our consent agenda today are item FLD 2026-01003, flexible development approval for light assembly and retail sales and services of the comprehensive infield redevelopment project in the commercial district for properties located at 1425, 1429, 1433, and 1477, South Fort Harrison Avenue, and the conversion to non residential off-street parking in the medium density residential district for the properties located at one five, excuse me, 514 Bellevue Boulevard.

Does anybody wish to have this item removed from consent agenda?

Seeing no none.

Then next item is FLD 2008 05013A, flexible development approved for an outdoor amendity area.

Accessory to existing 459 accommodation in the tourist district in the open space recreation OSR district as a comprehensive infector development project in the beachwalk district by design beach by design for the property at 100 Coronado Drive.

Does anybody wish to have this item removed from the consent agenda?

I would.

So we have two people, so that will come off the consent agenda.

Um the first item was level two, correct?

Does anybody any board member wish to disclose any export communications on any level two application remaining on the consent agenda?

Seeing none, can I have a motion for item 4.1 on the consent agenda?

I move to approve case uh FLD 2026 01003 on today's consent agenda and based on the evidence of record, including the application of the staff report, hereby adopt the findings of fact and conclusions and all the stages of the staff reports with conditions of the approval as listed.

Do we have a second on that motion?

I second.

Motion made and seconded.

Is there any discussion on the motion?

There being none, all in favor say aye.

Aye.

All opposed.

Motion carries.

We'll now move on to our regular agenda.

Um today we only have one level two case.

Correct.

It's level two.

Um level two cases as a flexible development are considered quad judicial hearings.

In a quad judicial hearing, the community development board reviews the application, the staff report, correspondence and all evidence presented today, and makes the final decision subject to appeal.

This board has previously qualified all the city staff who will testify as experts in their area of professional training, education, and experience.

The list of city staff experts and their resumes are in the handbook on the podium near the entry door.

Any other professionals who desire to be qualified as an expert witness shall so request at the beginning of the case and present a resume to each board member.

The board shall determine whether or not to qualify the person as an expert and in what field of study.

At the beginning of each level two case, I will ask for anyone who wishes to request party status to come forward and state your reasons.

Party status may be granted if the person requesting such status demonstrates that he is a substantial effective person.

The board will then determine whether or not to grant party status.

Then the case will proceed as follows.

Requests for party status, presentation by planning and development staff, 10 minute maximum, presentation by the applicant, 10 minute maximum, presentation by persons with party staff status, five minutes per party maximum.

Cross examination of witnesses by planning and development, cross-examination of witnesses by applicant, and cross-examination of witnesses by persons with party status.

Comments by the public limited to three minutes per person, and then closing remarks by planning and development staff, closing remarks by persons with party status, and closing remarks by the applicant, all are limited to three minutes.

Closing of the public hearing and discussion of the vote, the board follows.

Our level two case today.

Is FLD 2008-0513A?

Um already asked about ex party communications.

Seeing none, then we will begin with presentation by planning and development staff.

Mr.

Chair, this time ask the board accept Ms.

Melissa Hockbaker as an extra witness in general planning, zoning, redevelopment, planning, land development code, and land development code amendments, special area plans and overleaf districts, site plan review, landscape architecture, historic preservation, conferences sign programs, and other matters she's about to testify here on.

Do I have a motion to accept Ms.

Hawkbaker as an expert?

I motion to uh accept Ms.

Baker as uh an expert witness.

Second.

Motion made and seconded.

All in favor say aye.

Aye.

Motion passes.

Please.

Good afternoon.

Good afternoon.

Melissa Halfbaker, Planner 3.

Uh, the case before you is uh FLD 2008-05013A for 100 Coronado Drive.

Um I have my presentation ready, but it's not on the screen.

Is that Melissa?

Can you pull down the microphone just a second?

Yes.

I know I'm very sure.

Thank you.

I forgot your thoughts on the right.

So it is 100 Coronado Drive at the Wyndham Grand.

And it is uh consists of one parcel of 2.77 acres.

It has frontages on uh Coronado to the east, uh 2nd Street to the south, and to the north and west is South Gulf View Boulevard.

The uh project area is on the west side of the building uh between the hotel and South Gulf View Boulevard.

The zoning district, uh the hotel is predominantly in the tourist zoning district and the resort facilities high future land use area.

It is also covered by beach by design, and that is the beach walk character district.

The uh remainder of the area is in the open space recreation area, which is also still covered under uh the beach walk character district of beach by design.

Uh, when beach by design is in play with the project, uh it supersedes the regular community development code.

Anything not covered in the community development code defaults back, or I mean anything not covered in beach by design, I'm sorry, defaults back to the community development code.

The proposed site is uh outlined in the red dashed line, um, and that would be uh between the sidewalk along uh South Gulf View Boulevard and the existing building.

The amenity area is uh going to uh be uh conducted uh operated by the hotel.

Um it's going to consist of outdoor seating area and um the food preparation is to be prepared by the hotel, not uh in the outdoor area, the outdoor areas just to serve as an additional uh amenity area for seating.

Uh there will be additional landscaping incorporated, and um this is covered under a comprehensive infill redevelopment project under sections uh 2-803 subsection D and 2-1404 subsection A.

And that would be for both the open space recreation district as well as the tourist district.

Uh this is showing an elevation of what the uh potential amenity area could uh look like and the applicant also included uh the potential uh removal of the uh items that would be placed within the amenity area in the event that there is a storm coming.

Uh there this is a photograph of the existing conditions uh facing in the southwesterly uh direction, uh looking at the area predominantly with the sand, uh which is uh bordered by a hedgerow of sea grapes that is the anticipated amenity area location.

Uh this also shows a little bit more from the exterior of what will become the amenity area.

Uh the beach walk walkway uh runs along the perimeter for a portion of the proposed amenity area, and then I'd be happy to answer any questions.

Does anybody have any questions?

Um so the dotted line that I saw that juts out across the uh sidewall.

What is that in?

Because the licensed area.

Um it does cross out onto the um walkway area, the walkway area.

Which is still gonna be there, right?

I mean it's still gonna stay there.

It is because it's actually following a line of a former right-of-way that exists when this area was converted into the beach walk area.

There was a significant amount of work conducted along the um west side of all of the buildings fronting along the beach, and as part of that, there were Melissa.

Do you mind if I yeah, absolutely?

I I would just hi Lauren Maske, planning and development.

I would just like to say that the proposed license area is not um part of today's request.

That's negotiations and everything that are are going on between um you know the the city attorney's office, the applicant, and then that would need to be um approved by city council.

That being said, there are this is an older drawing that we had received.

We've not got there's updated versions that are part of that process that ex do not include any portion of beach walk.

So um licensing so I while it's on the graphics that were part of the application, I would refer to the hedgerow or the planting row, the landscaping as the proposed boundary.

And um, Melissa, I don't know if you could move your mouse or something just to kind of illustrate uh sea grapes stay.

Is that what's yes, the existing sea grapes, which I'm attempting to sort of highlight with the the cursor, follow the border of what will become the amenity area, and you can also see them for real in real life on the photo.

On that landscape, there would be moved everything would happen within that area, essentially from the landscaping that there will be landscaping removed, but then they will be adding back additional landscaping.

Where would that happen?

Within this area.

But I mean, is that like I said, is those sea grapes because they take a while to grow, so the intent is that the sea grapes that uh can make up the border area that is to stay.

That is not going to be removed.

If I can interject, if you can go back to the site plan, so except asterisk asterisk.

There are two areas that they're gonna have to remove C grape because they show some gates.

Correct, yes.

So that's so that's the that's where there's going to be some for that access area, I guess.

Correct.

And actually, the one area is presently open, and that you can see at the far end of the photograph, there is an opening in the sea grapes, so that will be maintained.

And that means that public can come in and out.

Um it will be the intent is is that the public will come to use it, not only the users of the hotel, but it will be monitored and operated by the hotel.

Yeah, just with all that's been going on on the beach lately.

I'm sorry.

I'd be having trouble hearing what you're saying.

With all that's going on on the beach lately.

It's sorry, with all that's going on the beach lately, it's you know, I'm just curious.

They're adding more I don't know, area for kids to hang out in, I guess is the word um I yeah, I didn't I thought because I saw I thought there was something about a gate, and I guess that's not well on their plans.

Um there were gates, there are gates shown.

Um you can sort of see on the I guess it's really only that one uh I saw the on the removal right now.

We have been told that yes, there will be gates and they will be monitored.

Um of course it will only be available when there are operating hours by staff of the hotel.

Mary, do you know what their intention is for is it just aesthetic improvement?

Is that their motivation behind doing this?

Or because you said there wasn't going to be any food service out there, it's gonna be in the house.

Right, and there are Lauren.

Um to clarify, food will not be prepared there, but what's shown um kind of here?

This is the exit plan.

There would be two um mobile trailer, like there, you know, the word choices in the an application, it's it's presented as a mobile vending cart.

Um there were other diagrams and stuff shown.

You can kind of see it here, but um, food preparation would not take place in these.

The any food that's prepared would take place inside the restaurant inside the hotel and would be brought out and um as communicated as and you can ask for you know questions of the applicant, of course, but as communicated to us would be you know kept in like warming plates or something like that.

One of them would be serving as uh bar service, and the other would be the food holding area um and then the tables and stuff.

So there would be food service but not food preparation.

So are those vendor trucks owned by the hotel for them to make money off of those people, or is this a public uh a public service?

It's an extension of the hotel hotel.

It's an extension of their restaurant, and so that's where a license agreement would be necessary to utilize city property.

Okay, um, but the application is here because that portion of the property for two reasons.

That portion of the property is zoned open space recreation, and so to be able to utilize it in this manner, they have to use the comprehensive infill redevelopment process.

But additionally, the original application for the hotel, um, the it was granted by the community development board a zero lot line development, and that um development order included that there would be additional landscaping placed on the city property and but maintained by the hotel.

So they're requesting to remove that landscaping, and as such, because that was part of the original design and part of the original um say justification, but that's not quite the right word.

Um, for this that was part of the application and part of the consideration by the board to provide allow for that zero lot line development, um, a minor revision was not a possibility because it's it would be asking for a change in a condition of the original development order.

So it was originally came through to the community development board, and so it's up to the community development board to um provide re revisions, which in this case it's unique.

It's not off it's not often that we're talking about city-owned property that were part of the original application.

So it's to just uh sorry to repeat um two things remove changing of or removal of that original landscaping, a change to the the late approved landscaping plan, which included landscaping on city property, in addition to then changing and allowing for this amenity area to be operated by the hotel.

And again, there's the license agreement component that's separate, but obviously so it's part and parcel with us.

Does the licensing agreement have people have to often come before the board to get approval?

The licensed agreement would not come to the community development board.

Okay.

I have a question as well.

Um on the the drawing with the red line that shows the most amount of detail, yeah.

That one there.

Um you can't see it because you got your blue box over it.

Um let's see, or is it there?

No, it says promenade easement boundary line.

It's pointing to that red arrow or the red dotted line.

Is it point to that red dotted line or the purple?

I just try to figure out where the easement being there a real estate lawyer.

I'm looking at saying, you know, are we in doing this looking at there being an easement that takes it across the the walkway and out into that that peak?

Is that here or do you want to?

Yeah, Mr.

Chair, I can wait on this a little bit and give you a more information.

So when we were originally looking at this project, our first thought was to go ahead and do an easement instead of a license agreement.

So that's why it's referred to as an easement there.

And as we also spoke to a little bit earlier, you'll see that the red line is a little bit longer than it actually is now, especially that portion that extends off to the left, um, that is no longer going to be a part of the licensed area.

But we switched over to a license agreement, which of course, as you know, believe you're a real estate attorney.

Yes, I have less much lesser interest in a life than a easement.

So we're looking to do that.

It's gonna be a revocable license, and the area, of course, the question where this particular amenity um structures are going to be, is going to be much smaller than originally.

So all the stuff right there that we're seeing with the two trailers and um the landscape called that's gonna stay, but everything that goes off to the left is not going to be a part of the area.

You you picked up on my concern exactly is the difference between easement and a license.

I wanted to make sure we were what we were looking at since it was designated as such on the plans.

Mr.

Chick-fil-A.

Mr.

Chairman, if I may also add though, you'll see the dashed green line.

So there's a couple of things where the blue boxes that we modified, staff modified for the purpose of this presentation to say proposed license area, that's where in the submitted plans it said easement.

That's what Mr.

Middleton was discussing.

But where you see promenade easement boundary line, that's actually related to the green line that goes all the way across the property, and that's an existing easement that was also granted by the city as part of the original application, and it extends if memory serves me.

Now I'm going out and they can they can address this certainly about 20 feet from the property line, and that grants the hotel certain abilities within that easement.

Um, and that's you'll you'll see that some of the hotel actually extends or some of that um the gray, like actually extends onto city property.

That was also all part, of course, of the original application, and that existing easement, the promenade easement, um, provides them those opportunities to do certain retail sales and services and restaurant uses within that easement.

Um, another one of the reasons this is you know a little bit more complex is it extends beyond that.

If they had if the proposal had stayed within the boundaries of the existing easement, the conversation would be different.

So just from me saying it out loud so I can make sure I understand it myself.

The existing property line runs parallel to the bottom of that drawing that's up on the screen.

Um, some of the gray portion, which is perhaps an overhang from the building or portion of the building extends into that area, and from that line to the green line is an existing 20-foot easement, which is where they're gonna have their food service and drink service mechanisms placed, and then the rest of the area is gonna be improved more or less for for as an amenity for people to sit and enjoy whatever they're acquiring there and also enjoy our beautiful beaches, and north of or should say west of that green line, because north is that way on this picture.

Um west of that green line is the proposed license area, and that red dotted line is going to change.

The proposed license area would encompass the all of the city portion of the property, but yes, thank you.

And I'm glad you clarified the east west.

I'm just trying to put it all into perspective and make sure I understand what's going on there.

So this might be more for our council than for anything else, but I'm just looking at saying it in terms of adding a condition if this were to go all the way to a vote and get approved.

Um, that line needs to kind of follow the perimeter or the inside of the sidewalk rather than extending it all the way out there.

Would that be a permitted condition of approval that we could add to our motion if we so chose?

It could be, uh, but I would ask staff if that's something that practically we could do when going forward with this before adding that as condition.

Okay.

Okay.

All right.

Well, yeah, also I live in this area, that'll be one of the few accessible bars to the beach on that stretch there.

So it's not like we don't have enough bars, but you know, you say accessible, there they say that they're gonna have gates to it.

Well, I it wasn't clear.

Yeah, but I mean, uh, my guess is this is gonna be open to the public.

Yeah, we'll open the gates.

Yeah, exactly.

But I think the gates will probably be more for after hours to people are camping out in there as compared to keeping the public from entering without having a key card or something.

So okay.

Anybody else have any questions of staff before we go on to the um applicant?

Seeing none.

Is anybody here from the applicant to speak?

Please come forward, state your names and speak into the microphone, please.

Uh good afternoon.

Clay Gilman, uh, on behalf of the applicant, 65 Court Street, and then Seth.

Uh Sudden McDaniels General Manager Linda Grand Clay Water Beach.

All right, so I know there were there's some questions with regard to the uh kind of the area, and I've got a picture here that I may be able to just show, just kind of trace out just a better show.

Yeah, so the red line juts out here.

We've already discussed this that this is just an overdrawing.

It's gonna run right along this sea grace.

So it's not that old line that was out here, it's it's going to run parallel or along the net.

Um so just for that specific question, I wanted to make sure to clarify.

Um, you know, we we feel like this is gonna be a great addition to the beach.

Um, people able to, you know, walk along beachwalk and stop in for drinks and/or food, uh, as Mr.

Chair mentioned.

The uh mobile vending parts are gonna be within the easement area closest to the hotel, with the rest of it improved as a kind of a seating area.

Um, there will be no food preparation out in the area, it will be all in the hotel and then brought out on hot plates.

Um that's really the the main, you know.

I think was it a great job explaining what it is that Mr.

Chair then you know kind of clarified, these are mobile vending courts that in the event of a hurricane, we obviously have a 10-day warning um that these can be taken out and moved to an elevated surface, so that will not be a problem.

And then in addition, um this is a negotiated license agreement, which a portion of the proceeds will be uh going to the city on the sales tax.

So we think this is a benefit to both the city and the property.

One of those carts is a bar though, right?

That's right.

Okay.

Can you clarify what the what the light shaded red path is for me?

This one right here.

Mm-hmm.

So that's yeah, that's just emergency exit access.

That's just to show where those are half-less.

Yeah, that's nothing to do with the actual plan.

I mean, as far as your licensing agreement, I'm guessing that whoever does get alcoholic drinks has to stay on property.

Correct.

Correct.

No alcohol would be outside of that premise.

Just like we operate the pool that we've already used that you'll be able to police that.

Lean forward towards the night because we're not sorry for I'm not here when I'm three feet away.

Yeah, yeah, I'm just asking, yeah, you'll be able to police.

So yeah, absolutely, that's gonna be policed very strictly.

Anybody have any other questions for the outcome?

Tapping your pen like you might have to do that.

Listen, I like I said, I live on the beach, I've seen what's happened.

We've just had two major things happen on the beach recently, and you know it's uh you know, it's always got to do with younger people, not necessarily alcohol, but I'm guessing in some aspects they it might be.

But I'm just saying it's uh and that will be one of the most accessible bars close to the beach.

So I I I'm sorry.

Yeah, go ahead.

Okay.

Yeah, I think we agree.

I was on the beach, right?

We had to deal with that.

We've dealt with it three out of the four years, right?

Or two of the four years when there's been something tragic that's happened and trying to be able to manage it.

Um, you know, we have multiple outlets on property where we're managing, we're serving, selling alcohol, everyone is served safe certified.

The last thing we want to do is to cause any type of issue when it comes to over serving or alcohol leaving leave leaving the premise.

But we know that you know, I mean, we could probably look back on the tickets that are given to people that are going out there drinking on the beach themselves, right, without that opportunity, you know, without having a bar as close.

So um this wall of wood serve alcohol and food, they would they would be here, they would be sitting here in a contained environment as opposed to every everywhere out there, and we go through the same protocols, everybody else would go run a bar.

We're checking IDs, we're not over serving, right?

It's gonna be a lot, it'd be a lot more managed than you know what we see out there, people doing it on their own.

How many seats do you have at your other bar restaurants on the uh south end?

Uh bad fence, uh that's a hundred seats.

100 seats, and they're directly on the uh boardwalk as well, correct?

Yeah, that is a uh just to be clear, it is our space that is a leased that's leased by the from the city.

Uh no, like there's a tenant that at least.

Oh, that's a tenant there.

And you uh is it gonna be a tenant here or are you gonna operate it?

We would operate it in-house, yes.

Okay, yeah, and and that would be that's what it would be made out of the hotel kitchen.

We'd bring it from the hotel kitchen, they'd be in hot boxes.

Uh that aesthetic, you know, speaking frankly, would look so much better than what it has looked over the years, and just landscape that landscape area will would get demolished every season, and we would redo it, but people just walk through it, they they they kick it, they throw trash on it, so that's why we put the sea grape up to give it an aesthetic, but also kind of keep people on the beach walk.

Now there's this area that's open that's sitting here that has the opportunity to be developed, be an amenity for everyone, and it'd be it would look very, very nice to everyone visiting the beach and and locals alike.

Uh I want to make sure I understand what ultimately gonna be asked to vote on.

Is the the variants requesting additional land that was not previously in an easement?

Uh or are we modifying a certain area that's already covered in previous agreements?

So there's it's like two part here.

So the first part is hotel, yeah, an approval.

The original approval said this is part of your criteria for assessing a reduced setback.

This area was going to be increased enhanced landscape area to offset that.

So that's like one reason this is an FLD, and the other reason FLD is extension of out in the OSR district of entities, and as you can see here.

So it's like two parallel things but one request.

That's why in the criteria you have OSR district criteria, and then you have tourist district criteria, which is essentially saying they're not touching the hotel, but the hotel is doing an extension to their amenity area, which is AK restaurant.

Yeah, that's it's the amendment to the landscape area and then the license agreement.

Boil it down to two points.

We're approving a license agreement.

It's that's not no.

We're approving we'd be approving a use and a reduced land.

The license areas.

The license agreement is something that we're separately negotiating and won't be coming to this board.

And um, as far as the boundaries of that license agreement go, it will include new property that was not previously a part of the previously approved project.

So at least a portion that will be new land that's used towards the amending area.

So just want to make sure we clear it.

So it's new land plus changes to the existing process.

Correct.

Yep.

So we're approving a use use change to which will which will allow this to occur, which is gonna be voted on by the city council relative to the license agreement and whether it was offered to the public or specifically to them, things of that nature.

That's out of our purview, correct?

Yeah, I mean essentially this project takes two different parts to work.

You have the license agreement portions, which will authorize them to use the property, and then we have the development approvals, which are before you right now for your consideration.

I thought we were just doing landscape the way it was presented by staff.

That's why.

Apologies, that's where I was trying.

It's it's it's use and landscaping.

Okay.

I don't want to clarify that this one.

Yeah, I guess, and and just to reiterate um what was said previously, that green line that's already here that is existing as an easement that allows us to do the retail uh and food service in this or in this area.

Um it's just this extended area out here that is the additional license agreement area, which again I know is not an issue today, but that is what's going to be approved the inside the green is already approved as an easement uh for retail services.

So in future in future site plans, would that green line then now be following?

No, no, that that green line is an easement that has been previously approved.

That's that is going to be the license area of the easement's everything west of that green line.

That's kind of that semicircle that would follow the um east boundary of the walkway.

Okay, thank you.

Yeah, essentially to make their project work as they're proposing they need a little bit more land, which is why we're now giving them a license for additional land.

For that additional for what they already had, just expanding it.

Yeah, thank you.

Anyone have any other questions for the app?

Thank you very much.

Anybody from staff have any cross-examination?

No cross.

Does the applicant have any cross-examination?

Okay.

There being none of those, and comments from the public.

Thank you, Mr.

Chairman.

Um, Bill Joneson.

Um I've looked at the staff report.

I've also looked at the documentation that came along with this.

I have not been able to clearly distinguish where the zoning district OSR starts and where it stops.

Uh and the reason I'm asking for that is the city charter has special requirements for a change of use in OSR, in that it requires approvals beyond this that can be done at this board.

And so I I think that's an open issue.

Uh another one is that in the the staff report, it doesn't really talk about what is going to be done there, but in some of the other documentation, this is the kind of thing that will be allowed there for the serving of the food and the bar.

And I thought on one of the drawings that there was a smoker out there, and then we're going to be doing cooking out there.

So that's uh that's another issue.

I'm glad to hear that there is a separate license that's going to uh occur.

I concern I concur with your concerns about accessibility.

Are there going to be fences?

Are how uh much of a challenge is it to intrude into this area for large groups of people?

Um it just doesn't seem like it's totally thought out here.

But I'm specifically asking for clarification on the OSR line because of the charter requirement.

Thank you.

Okay, Mr.

Chair, didn't he say the line would extend up and around that edge?

What he's talking about is if you go back, uh if staff could put up their initial slide that had the green area and the orange.

I think that's gonna possibly answer that question or at least get us to the answer.

Well, it was on the slide.

Yeah, that's the oh, sorry, user.

It was her first or second part.

I was very excited.

It wasn't on the screen.

There you go.

There it is.

All right.

So in light of that image there, could you could staff expound on um Mr.

Joneson's question about where one district ends and the other one begins, just so we can kind of follow it here.

Charter question will be you want to do the charter question first?

Okay, so the charter, in my opinion, isn't always written as clearly as it should be, but I'll go ahead and kind of explain what it says.

It says no municipally owned real property, which was identified as recreation or open space on the city's comprehensive land use plan map on November 16th, 1989, or any time any time thereafter may be sold, donated leased for a new use or otherwise transferred without prior approval referendum.

However, in this case, this isn't going to be an interest in property, this is going to be a license agreement, so therefore this charter provision doesn't apply.

The charter is talking specifically about transfers of real property that convey like an interest in it, which case law has shown time and time again that license agreements don't do that.

They're revocable at will, which of course this one will be.

So therefore, that particular charter provision is not going to be our problem for us.

Hope that makes sense.

Okay.

Thank you.

And is this going to be bid to the public in terms of getting this license that other people can do the same thing, or this is specific to them because they came to the city?

I would just ask the board to remember uh what the scope of its approval here is today.

We're not reviewing the license agreement or things beyond that.

We're not we're not approving by school, but the understanding of the concept of a license versus an easement or a lease or a actual transfer of an interest in real estate, which I would tend to agree with uh comment from staff council, but uh a license a license is not a transfer of interest in real estate, it's it's a right, it's a use right and it's an occupancy right, but it's limited in scope.

Um that does seem to fall outside that provision.

But that's my personal opinion from what I do for when I'm getting paid by people.

Um hopefully that answers that question.

I that was where I was going to.

That's why I think this image shows that even though it's in the the green area, because it's a license, it's not an issue as compared to um if it if it were a lease or it were an expansion of the easement, they'd have to get a referendum.

And all of that was taken into consideration when we were kind of planning how we want to handle this.

So that's a charter provision I'm looking at all the time.

Okay.

So our approval is the only approval they need in terms of change of use, and this does not go in front of the city council for a change in use.

I think the license agreement would ultimately go to the city council.

Well, the license agreement itself may actually be able to be approved administratively.

That's something we're still taking a look at.

Um, but either way, it will be required.

Is the license uh does it need to be renewed every so often, or how's that work?

We're still working on how long the term is going to be, um, but it will be revocable at will though, as it will need to be.

I asked about the renewal of the license.

What uh no, Mr.

Johnson didn't hear me.

Okay, so that's what I was saying.

I was asking about the renewal process, or if there was one.

You were processed.

So some voices carry more than others.

Um with licenses generally, um, licenses oftentimes don't have a fixed term to them because the person granting a license has the right to revoke it at any time.

So they could kind of they're they're like they wake up and it's done.

So terms kind of irrelevant if it could be terminated or like that's a huge distinction between a license and other types of occupancy rights uh from a legal perspective.

Yeah, at this point the license still is in the negotiation phase, so we're not sure on what exactly the final terms are gonna be, but it will be something around uh what we've been discussing that.

So uh anybody have any uh well, I was we have any closing remarks.

I guess we're at that stage at this point.

We've gotten a public comment, so getting back onto our path for procedures here.

Does uh staff have any closing remarks?

Um I would just like to to say that um in terms of the operating and everything like that.

There was a question about or validating that no food preparation would be there, condition of approval number 14 is the one that addresses that or proposed condition of approval 14, which says no part no food preparation shall be prepared outside.

So um I know there were um different things shown on different um plan pages that that were part of the application, um, including uh smoker was was shown on one of them, and that's what this condition of approval is intended to address is that there would be no cooking in this area.

That's a pretty clear condition.

No food preparation shall be prepared outside.

It would it would just be for aesthetics only.

Yeah, there's gonna be no no cooking out there.

So smoker is proposed to be out there, but it's aesthetics only.

There is no no food preparation.

Okay.

This does so staff didn't have any closing remarks other than what you just added.

Is app can have any closing remarks?

Uh just you know, we we really feel like this is gonna be a huge benefit to the to the beach community as you know, we've heard concerns about accessibility.

We do have gates, and again, this is an extension of the hotel that you know it's it's a huge part of uh the business to be well run and a huge part of the community.

So we really feel like um you know the addition to the city bringing in revenue and and making use of this property is gonna be uh extremely beneficial and set if you want to just I think from an aesthetics point of view.

Um, you know, we have invested a significant amount so far, but we stopped to the point of renderings before we got approval, right?

We do have one of the um most well-known uh interior designers in the country doing this.

So when we're talking about this how it's going to look, it's gonna look it's gonna look top class.

We've all we've um actually we've gone back and forth with the city prior to that just to give them some concepts and um then I think there's some elevations that are part of that plan, but it right now or prior to it when it was landscape and getting beat up all the time, and people just throwing stuff on it to what it could be with what we presented here would be an enhancement for for the city of Clearwater and the beach and and um tourists and and locals alike.

So thank you.

I think that concludes the closed remarks when close the public hearing.

Now we'll go on with discussion and vote by the board.

Um anybody want to present a motion first?

We want to have some feedback amongst us.

We've done it both ways.

We've been pretty flexible procedurally.

I will make a motion to approve FLD 2008-05013A with all of the uh accompanied caveats that need to be so um uh I'll restate that for you to add that that's based on the evidence that somebody presented in the application the staff report today's hearing.

Uh correct yeah, I figured it is much.

Welcome to the board.

I'm sorry.

I never had to do all that.

Yeah, that's quite all right.

Um we have a second on that motion.

Second.

Is there any discussion on the motion?

No, the just a comment, and I don't want to oversimplify it, but I I go back to uh when the city was uh you know trying to encourage, especially out on the beach, sidewalk cafes and and use of public space for this.

This is kind of a this area falls to me, falls into that.

As far as yes, it's gonna they're gonna be serving alcohol there.

Yes, people are gonna have access to it, but all up and down beachwalk, you've got crabys, you've got frenchies, you've got other places that uh also have that same, but it is always because we don't allow alcohol anywhere but on premises, it will have to be consumed on premises, it will have to be, and I know the the window will have to provide whatever uh security is necessary to to handle that and and control it.

Um also the very unfortunate happenings on the beach a couple weeks ago.

Um I think our police department did a hell of a job control with what they had to work with, and you know, they were they were actually ahead of it.

Now one bad apple really put us on the map.

Um, but it is not something that happens with regularity, and I don't believe uh given what the uh state's attorney and everybody uh uh have started to implement that it will continue or even you know will continue to be a problem.

But uh given all of that, um I think this is a reasonable request.

Uh and that's why I will be voting in favor of it.

Any other discussion?

I would like to ask whether the maker of the motion and personally second would consider adding to a condition of approval that the uh boundary of the licensed area, the proposed license area be west, north, and south of the beach walk sidewalk that exists, the existing beachwalk sidewalk.

Because that that's kind of what they're describing and what they drew on there, and that point that sticks out.

I just I think I think our message should be clear that it's the if we're gonna prove it that it's a good concept.

Well, I think the point the point actually takes off actually if you tried to extend all the way out to that point, you'd be in the street and blocking the entire sidewalk, and I don't think anybody uh with a reasonable mind would even consider doing anything of that nature.

But I'd be willing to put that in to the motion, I'm willing to accept that into the motion, but I I don't think it's an I don't think it's an issue in any way, shape, or form, but I'd be glad to accept it.

Before we discuss adding a condition, the your code does say you shall attach such conditions to the approval which are necessary to ensure compliance with the applicable general and specific flexibility requirements.

So if we're adding a condition, we should make sure we're tying it to one of those requirements as they're outlined in the staff report.

And I can go through those if you would like me to.

Um so we have section two-1404A1.

The development or redevelopment is otherwise impractical without deviations from the use and or development standards as set forth in the zoning district.

Section 2-1404A2.

The development or redevelopment will be consistent with the goals and policies of the comprehensive plan, as well as with the general purpose, intent, and basic planning objectives of the code and with the intent and purpose of the zoning district.

Section 2-140483.

The development or redevelopment will not impede the normal and orderly development and approvement of surrounding properties.

I think you can stop there.

So I think limiting the boundary would keep it from interfering with the sidewalk.

Yeah.

So I think we're consistent right there with with what the considerations are.

So if you're okay with it, who made the second, I'm sorry.

I'm fine with that.

I am okay with that.

So the motion was made to approve with that amendment as an additional condition.

Um does anybody else have any comments or discussion on a man?

My only comment is I am still entirely confused as to we're changing the open space zoning to a use that allows for alcohol sales on city property.

And so are we expanding this throughout the beach on city-owned land where we can now sell alcohol anywhere within open space?

Are we setting a precedent?

Um let me make a distinction for you that I think is helpful and the staff, I'll let staff chime in if I'm wrong.

The sale of the alcoholic beverages will happen with the e what uh east of the green line, which is an ad easement where it would already be permitted.

Um the license area, there's not going to be sale, but the consumption going on there.

Consumption is the same thing, correct.

Yeah.

But it it's the distinction between sale on beach property, and I think the consumption under the license agreement that because it can be revoked, is where I think the line gets drawn, the metaphorical line gets drawn differently.

That's my thought.

Well, then we would need to change this up if they're selling it on their easement area, which is already licensed and approved.

We're expanding the the use.

We're expanding the use and changing the the use from open space to whatever that designation was today.

I don't know what it is.

What is the designation that's going to be now?

So, Chair, you closed the public hearing if you'd like to reopen that before hearing a testimony from staff.

Do you want me to reopen and ask that?

Do you did anybody?

Really?

It's in our report.

I just have to go back and find it.

Yeah, I'm that it's faster to ask staff and it's for me to go find it.

So is staff allowed to speak again at this point?

I can ask a question.

I mean, we've done it in the past, we've simply asked a question.

You've done it in the past.

Sure.

Can you answer that?

So I do just want to clarify, and Laura, correct me if I'm wrong here, but when you're in the OSR district, you can't sell alcohol out there.

However, if it's private property, at that point you can go ahead and you can consume alcohol on it.

There's nothing in our code that prohibits that.

Now, if there was like say public beach, that's a different story.

But this is city-owned property that we're talking about.

Yes, but we're giving them a license to use it though.

But we're changing the OSR to what?

The OSR district is not being changed.

It it's I I understand that um you know sometimes we have zoning district names that are exactly the same as the use.

So it's you know, um open space recreation, it's an open space that's city-owned right now.

Um so the use, I'll let Ted, sorry, I'm not ping-ponging intentionally, but jumping at the bit here.

So OSR allows restaurant implied in restaurant is alcohol.

It does, yes.

The open space recreation district allows restaurant, however, the criteria for that to have been approved administratively requires it to be um supplemental to your part of uh a recreational use in this instance.

The restaurant itself is an expansion of an existing restaurant.

So the rest it gets it's a little tricky.

There's restaurants are allowed in open space recreation.

They are through criteria in the flexibility criteria in the zoning district, they're limited to restaurants that support recreational uses, such as a clubhouse that supports a golf course as an example.

So we're using the proposal is to use the comprehensive and fill redevelopment project, and one of the criteria for that is that the use is otherwise allowed in the zoning district, which a restaurant is, however, it cannot meet the existing criteria, which it can't because this particular restaurant would not be supporting a recreational use, it would be supporting a hotel.

So there's you know, that's the part of the flexibility being requested is to have a restaurant use within the open space recreational zoning district because it has a comprehensive and a redevelopment project.

And as we am I safe to summarize that by saying we're approving a conditional use, not a use that's a matter of right without it it exists within the OSR, it just has to be a certain level of approval.

Yes, if conditions are met.

Yes, and I think that's actually thank you.

That's an important part because you had uh Mr.

Hop had asked about a precedent, and um, as you've seen, like each of these has to any request like this, if it were requested by a different property owner, hypothetically same scenario.

I don't know if the same like opportunity exists anywhere else.

But if it did, and that request came through, we would be reviewing that proposal against the same criteria.

They would have to provide an application that meets the general applicability criteria in the code for all level one and level two applications, they would have to demonstrate that they met any of the flexibility criteria, most likely similar to this through a comprehensive and fill redevelopment project.

So by in the same way, approving you know a specific hotel with a specific setback, you know, does not necessarily mean every hotel going forward can have that.

The application has to come through and be reviewed against all of the applicable criteria in the community development code.

Right.

I'll close that part up again, and the only more discussion amongst the board.

Well, again, I think this is a this is a one-off anomaly to me, because if you drove down drive down as you drive down beach walk.

Um voted to do it.

Um ninety point nine nine nine nine nine percent of the people that would drive down beachwalk or walk down beach walk and walk down the sidewalk would assume that the parcel of land we're talking about belongs to the to the window.

I mean, it just because of where it is and where the sidewalk is and everything else, it's just an anomaly that this small sliver technically still belongs to the city, and it you know it probably would have been easier for the city to feed that little bit of land to the window, and we probably wouldn't be here talking about the property line is but adjoining the building, there's a zero setback.

All of that land belongs to the city.

So I mean, I look at the JB Marriott hotel on CNK Pass, their property line going to the water, they have taken the whole property over.

There's no license agreement, there's a property ownership, they have a fence up now where it's public property and it's a taking that's allowed within the city.

So there's the same things happening here.

They've taken all of that land area, they've gotten an easement, they're encroaching further, and now we're changing allow to sell alcohol to a private user, which is a taking of the property, but it's going under the vestige of a license at this juncture.

Well, it it's very it's also very similar to the restaurants along Manalay that are have tables out on the sidewalk.

It's it's to me it's the same, it's a table, correct, and it's being allowed, and the encroachment just keeps continuing on.

So and um, you know, I I don't think when they're looking for an avenue to approve it without city council approval, which they just discussed, you know, it's it's not it's just being hidden from the public, which is happening here again, and you know, he's looking for a way to make that license not go in front of the city council.

Well, that's perfect.

Just uh as a reminder you are making a quasi-judicial decision where you're taking a set of facts presented to you by the applicant and staff and applying rules to it.

You are not sitting as a policy making board at this time, just keep our discussion honed in on the approval criteria, please.

Thank you.

Okay.

Any other discussion on the motion?

So motion for approval, seconded with the amendment for the boundary of whatever respective license is being discussed.

Uh all in favor say aye.

All opposed?

Yay.

We have all one nay and the rest of the aye.

All right, thank you very much.

Motion carries.

Next item on our agenda.

Thank you for the reports everyone.

Uh is director's report.

I've already talked to somebody about that, so we should are you just um so it's that time of year again where we asked for a volunteer to um be the community development board's representative on the affordable housing advisory committee.

So um I have some notes from um Dillamayu or Mayor uh Mayor, Dylan Mayu, our manager for housing.

Um this board or this committee rather reviews housing policies, procedures, ordinances, and regulations that may affect the cost and availability of affordable housing.

Um AHAC, as it's called, is responsible for making recommendations to the city on ways to reduce barriers to affordable housing and improve housing stock.

These um are ultimately documented within the city's local housing incentive strategy that has various regulatory financing and administrative actions that we the city city staff, et cetera, implement to encourage development and preservation of the um of affordable housing within the city.

So from a what does it require of whomever steps up or who the board agrees to nominate for this?

Um it's there's one two four four meetings that are on Tuesdays, so it would be Tuesday, August 11th, September 8th, October 13th, and November 17th.

The majority of them take approximately one hour, but one of them at least takes about two and a half hours.

Um but again, most of them or are about one hour long, and they take place here in um it were wherever chambers is.

So currently here in council chambers because it is a public meeting discussion.

Thank you.

Yeah, I've I've been the representative on that for a few years in the past.

Uh last year, Chenault was our representative.

Um, it's one of those appointments that I think repetition is good because you can build on what you heard and and saw the year before.

And I asked her if she had an interest and she has expressed an interest, but this is an open discussion and open choice.

So if anybody else wants to be on that board, let us know so we can go that way, or if everybody's kind of in agreement, we can uh have uh Michelle.

I can't make the first meeting anyway.

It it's actually it's it's a very uh from the standpoint of being a volunteer and doing some stuff that could have some meaningful impact.

I think it's an impact report, it's great to be on.

Um do we do this by motion to appoint a representative, or is it could I just as chair say she's it?

I'm not sure how the board has done on the post, but typically this is something you'd like to do.

Does anybody have a motion for a shot for the uh housing committee?

Do I have any discussion on that motion?

All in favor say aye.

Aye, all opposed.

Motion carries.

Congrats.

Thank you.

Thanks.

Um board members to be here.

Anything else?

The director, I'm sorry.

Sure, no, that's okay, it's informal, but I know a few months ago I mentioned all the exciting things going on in downtown.

Um this board was part of the North Greenwood um efforts are when we were establishing the CRA plan, and I wanted to just give a quick update on that.

Um, we recently took past this board the comprehensive plan amendment and the future land use map amendment to establish the overly district.

We will be having a community meeting on June 30th at 6:30 in North Greenwood.

Um they've requested some more information on that at a community level, so we're getting out into that to provide a little bit more background on where we were from that just that map piece, but then as a reminder, we're still we staff and our consultant team are still continuing to draft the actual zoning district standards that would go with it, and those would be brought forward to the board as well.

So there's one community meeting coming on June 30th with others to come to get more feedback and engagement as part of the drafting of the community development code.

The the last piece back to downtown is um word is that everything is going really well with the city hall construction and that it is on track, and uh staff should be moving in towards the end of September, early October.

Um there will be a little bit of a delay in terms of relocating our boards into chambers there.

That's to give um the public communication staff and the rest of staff a little bit of time to test out the new technology.

But um, you know, hopefully by the end of the year we'll be relocating.

But until you hear from us otherwise, we will see you here every month.

Thank you very much.

Thank you for your time.

Um board members to be heard.

Anyone from the board wish to be heard on the matters?

I do have an uh a for informative matter for the board.

Uh for those of you who are on the board in I believe January, you might remember a semi-contentious tree case involving a property at I believe Marlington Way that was appealed to the administrative uh hearing judge.

Uh typically a quasi-judicial decision is appealed straight to circuit court, but the city has a separate process allowing it to go to DOA, a state agency with administrative judges.

And in that case, the judge um upheld the board's decision.

Uh, he found that there was sufficient evidence in the record to support the conclusion the board reached and the order it issued.

And if any of you have any questions on that, uh feel free to come to me after the hearing closes.

Thank you.

Thank you for the update.

Thank you.

Any uh other board members to be heard?

There being none.

Our meeting today is adjourned.

Thank you very much, everyone.