04/15/2008
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
April 15, 2008
Present: Nicholas C. Fritsch Chair
Thomas Coates Board Member
Dana K. Tallman Board Member
Jordan Behar Board Member
Board Member
Frank L. Dame
Doreen DiPolito Board Member
Richard Adelson Board Member
Norma R. Carlough Alternate Board Member
Also Present: Gina Grimes Attorney for the Board
Leslie Dougall-Sides Assistant City Attorney
Michael L. Delk Planning Director
Gina Clayton Assistant Planning Director
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation
and Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: March 18, 2008
On page one, first paragraph under Election of Officers, corrected to read, “Attorney for
the Board Gina Grimes stated according to Board Rules of Procedure, next month is the annual
election for Chair and Vice-Chair. For this meeting, however, the board needs to elect a Vice-
Chair in the interim.”
On page four, paragraph one, correct vote was “Members Coates, Behar, Dame, and
Adelson voted “Aye”; Member Tallman and Alternate Member Carlough voted “Nay.” Chair
Fritsch abstained.”
On page six, paragraph one, sentence five corrected to read, “Mr. Plisko said . . .”
Member Coates moved to approve the minutes of the regular Community Development
Board meeting of March 18, 2008, as amended. The motion was duly seconded and carried
unanimously. Alternate Board Member Carlough did not vote.
D. ELECTION OF OFFICERS: CHAIR AND VICE CHAIR
Member Coates moved to appoint Nicholas Fritsch as Chair. The motion was duly
seconded and carried unanimously.
Member Dame moved to appoint Thomas Coates as Vice-Chair. The motion was duly
seconded and carried unanimously.
Community Development 2008-04-15 1
E. REQUEST FOR WITHDRAWAL (Item 1):
1.
Case: APP2007-00004 – 624 S. Missouri Avenue
Owner/Applicant: Peter Nichols (624 S. Missouri Avenue, Clearwater, Florida 33756;
phone: 727-441-4511; fax: 727-446-4796).
th
Appellant: Jon Gaudineer and Frank Marinelli, RDA Construction (4711 34 Street N.,
Suite D, St. Petersburg, Florida 33714; phone: 813-967-0746; fax: 727-525-9159).
Location: 0.38-acre parcel located on the west side of S. Missouri Avenue between Turner
Street and Druid Road.
Atlas Page: 296A.
Zoning: Commercial (C) District.
Request: An appeal from a Level One (Flexible Standard Development) denial decision
pursuant to Community Development Code (CDC) Section 4-501.A.3, that the reestablishment
of a restaurant with a reduction to the side (north and south) setbacks from ten feet to zero feet
(to pavement/parking) as per CDC Section 2-703.P does not fully comply with the development
standards set forth in CDC Section 2-703; does not meet the minimum landscape requirements
set forth in CDC Sections 3-1202.D.1 and 3-1202.E.1; and does not meet the minimum design
standards for parking lots set forth in CDC Section 3-1402.A.
Proposed Use: Restaurant.
Neighborhood Association: Clearwater Neighborhoods Coalition (President Joe Fritz, P.O. Box
8204, Clearwater, FL 33758).
Presenter: Robert G. Tefft, Planner III.
Item withdrawal reported for information only.
F. CONSENT AGENDA: The following cases are not contested by the applicant, staff,
neighboring property owners, etc. and will be approved by a single vote at the beginning of the
meeting (Item 1)
1. Case: CPA2008-03002 Level Three Application
Owner/Applicant: City of Clearwater, Planning Department
Request: Amendments to the Comprehensive Plan of the City as adopted on May 18, 2000 and
amended on July 12, 2001, October 7, 2004, October 20, 2005, December 15, 2005, August 14,
2007 and February 21, 2008 by amending the Utility Element to update the City of Clearwater’s
Water Work Plan in accordance with the updated Southwest Florida Water District’s Regional
Water Supply Plan, in accordance with Florida Statutes.
Type of Amendment: Separate submittal to State DCA – exempt from large-scale submittal
process
Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O.
Box 8204, Clearwater, FL 33758)
Presenter: Sandra E. Herman, Planner III.
This item involves an amendment to the Clearwater Comprehensive Plan to update the
Utility Element related to the City’s water supply plan as per Section 163.3177(6)(c), Florida
State Statutes and Florida Administrative Code section 9J-5.011. The fundamental purpose of
a water supply plan is to ensure that the community is able to supply quality drinking water of a
sufficient quantity for current and future needs. The statutory requirements call for each local
government in the planning region to adopt amendments to its comprehensive plan to
Community Development 2008-04-15 2
incorporate their water supply plan within 18 months after approval of the regional water supply
plan. The City’s regional district, SWFWMD (Southwest Florida Water Management District),
approved its plan on November 30, 2006. The deadline for the City’s amendment is May 30,
2008. This amendment is exempt from the twice a year limitation on large-scale amendments.
The City retained consulting firm of Wade Trim to draft an updated “Potable Water
Element” (sub-element to the Utility Element) to the Clearwater Comprehensive Plan based on
the City’s 2004 Water Master Plan produced by Parsons Water and Infrastructure, Inc.
According to the plan, based on population and density projections, the City will be functionally
capable of providing water through the year 2025.
The proposed text amendment meets State statutes and rules by amending current
Goals, Objectives and Policies of the Water Sub-element of the Utility Element of Clearwater’s
Comprehensive Plan.
The purpose of this amendment is to incorporate the City’s 2004 Water Master Plan into
the Utility Element of the Clearwater Comprehensive Plan and to ensure consistency with the
regional water supply plan as required in Section 163.077(6)(c), F.S. Planning Department Staff
recommend approval of Ordinance 7950-08 that amends the Clearwater Comprehensive Plan.
Member Coates moved to recommend approval of Case CPA2008-03002 on today’s
Consent Agenda based on evidence in the record, including the application and the Staff
Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff
Report. The motion was duly seconded and carried unanimously. Alternate Board Member
Carlough did not vote.
G. LEVEL THREE APPLICATIONS: (Item 1)
1. Case: REZ2008-02001 – 1101 and 1201 Gulf Boulevard Level Three Application
Owner/Applicant: Andrew R. Duff TRE.
Representative: E. D. Armstrong, III, Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O.
Box 1368, Clearwater, FL 33757; telephone: 727-461-1818).
Location: 4.8 acres located on the southeast side of Gulf Boulevard approximately 1,800
feet south of Clearwater Pass Bridge.
Atlas Page: 294A and 303B.
Request: Application for a Zoning Atlas amendment from the Business District (B) to the Tourist
(T) District.
Existing Uses: Overnight Accommodations.
Neighborhood Associations: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O.
Box 8204, Clearwater, FL 33758); and Sand Key Civic Association (Mike Dooley, President,
P.O. Box 3014, Clearwater, FL 34630).
Presenter: Steven Everitt, Planner II.
Chair Fritsch declared a conflict of interest.
Member Tallman moved to accept Steven Everitt as an expert witness in the fields of
zoning, site plan analysis, code administration, and planning in general. The motion was duly
seconded and carried unanimously.
Community Development 2008-04-15 3
Member Dame moved to accept Bennett Elbo as an expert witness in the fields of traffic
operations (traffic volume counts/classifications, speed studies, crash analysis, and signs and
markings), transportation planning, traffic impact fees, and parking lot permits. The motion was
duly seconded and carried unanimously.
Member Tallman moved to accept Scott Rice as an expert witness in the fields of civil
engineering, land development, and environmental and hydraulic engineering. The motion was
duly seconded and carried unanimously.
Planner Steven Everitt reviewed the rezoning application, which involves one 4.8-acre
property owned by Andrew Duff, Trustee. The subject property is located on the southeast side
of Gulf Boulevard approximately 1,800 feet south of Clearwater Pass Bridge. The property has
a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and has been
governed by a Settlement Stipulation. The applicant is requesting to rezone the property to
Tourist (T) District from Business (B) District.
The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the
City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and
Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City
of Clearwater, a municipal corporation, Defendant (Case 78-4765-7) in Circuit Court for Pinellas
County). The Settlement Stipulation governed intensities and densities on the subject property
for 20 years. The subject property is a portion of “Parcel III,” as listed in the Settlement
Stipulation. Section 12 of the Settlement Stipulation states: “Plaintiffs shall be entitled to
develop up to 85,000 square-feet of non-residential floor area on Parcel III. In addition, Plaintiffs
shall be entitled to develop up to 110 residential dwelling units on Parcel III, or up to 220 hotel
units on Parcel III, or any combination thereof, with a conversion ratio of one residential dwelling
unit or two hotel units…”
The subject property currently is developed as a 220-unit overnight accommodations
use (Clearwater Beach Marriott Suites on Sand Key) and accessory nonresidential uses (spa,
restaurant, meeting rooms, outdoor pool). The building is ten stories, approximately 100 feet,
tall.
Section 25 of the Settlement Stipulation states: “The development rights agreed to
herein shall remain in full force and effect for a period of 20 years, and thereafter the City of
Clearwater shall be free to regulate the use of the four parcels without limitation as a result of
the final judgment entered in this cause in this Settlement Stipulation.”
The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it
expired on October 17, 2006. As indicated, the City has the obligation to rezone the property to
be consistent with the Countywide Rules, the City’s Comprehensive Plan and the Community
Development Code.
Under Chapter 163 of Florida State Statutes, the City’s land development code
(Community Development Code) shall be consistent with the City’s Future Land Use Map and
Comprehensive Plan. The B District is not listed in the City’s FLUP of the Comprehensive Plan;
therefore the B District is inconsistent with any FLUP and in effect there is no zoning on the
property. The T District is listed in the Future Land Use Element of the City’s Comprehensive
Plan as consistent with the RFH Future Land Use Plan designation. Also, the historic and
Community Development 2008-04-15 4
current use of the property (overnight accommodations) is consistent with provisions of the T
District.
Section 2-801 of the Community Development Code, titled “Intent and purpose” states:
“The intent and purpose of the Tourist District (“T”) is to provide a safe and attractive tourist
destination in the City of Clearwater with a full complement of tourist accommodations and
convenient access to goods and services.”
The property is larger than the minimum required lot area and lot width for the existing
uses in the Tourist District. The existing use and accessory uses on the property are permitted
uses in the Tourist District.
Although the B District was dissolved by the City in 1972, due to the Settlement
Stipulation the Zoning Atlas continues to assign a B to the subject property. Therefore, an
amendment of the Zoning Atlas from B to the T District for the subject property is requested.
The property exceeds the minimum lot area and lot width requirements for an overnight
accommodations use. Surrounding uses include parks and recreation facilities to the north,
overnight accommodations and attached dwellings to the west, restaurant, retail sales and
services, and offices to the south and the Intracoastal Waterway to the east. The proposed
rezoning will be compatible with the existing neighborhood and is compatible with the existing
future land use category and reflects the current use on the property.
The proposed T District is consistent with the City Comprehensive Plan, is compatible
with the surrounding area, does not conflict with the needs and character of the neighborhood
and City, does not require nor affect the provision of public services and the boundaries are
appropriately drawn.
Based on the above analysis, the Planning Department recommends amending the
Zoning Atlas designation of 1101 and 1201 Gulf Boulevard and adjacent right-of-way from the
Business (B) District to the Tourist (T) District.
Assistant Engineering Director Scott Rice said a committee had reviewed the request’s
technical impacts and found no issues. Should the site be redeveloped, the developer is
responsible for necessary upgrades to the infrastructure.
Engineering Specialist Bennett Elbo said Traffic Operations had indicated the request
does not change trip volumes. A traffic impact study was not conducted. If site changes are
submitted, staff would review the proposal to determine if a traffic impact study were necessary.
Representative Ed Armstrong said the property has always been a hotel with overnight
accommodations. Since the hotel was built, the property has had 220 units in a 100-foot
structure.
Member Behar moved to accept Ethel Hammer as an expert witness. The motion was
duly seconded and carried unanimously.
Representative Ethel Hammer said Tourist is the only district for this site that is
consistent with the City’s FLUP (Future Land Use Plan) in its Comprehensive Plan. She said
Resort Facilities High is the only district that permits a land use designation based on its current
Community Development 2008-04-15 5
use. She said the development's height, density, and setback only conform with Tourist zoning,
not commercial. She said without action, a non-conformity results, which would limit
replacement if the structure were destroyed by a weather event. She said Tourist is compatible
with existing planned uses in the surrounding neighborhood.
In response questions, Mr. Everitt said the request is consistent with the City's
Comprehensive Plan and there are no concurrency concerns or issues. Mr. Elbo said traffic
could be impacted only if site development is imminent.
Discussion ensued with support expressed for the application.
Member Dame moved to recommend approval of Case REZ2008-02001 based on the
evidence and testimony presented in the application, the Staff Report and at today's hearing,
and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The
motion was duly seconded and carried unanimously. Chair Fritsch abstained.
H. ADJOURN
The meeting adjourned at 1 :35 p.m.
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Community Development 2008-04-15
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
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WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appOintive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
*
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APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in. these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 86 - EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, N\\c.-~~ c., Fr;t-sck-, hereby disclose that on A-pr: \
1 S- , 20 ~:
(a) A measure came or will come before my agency which (check one)
;X. inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2
COMMUNITY DEVELOPMENT BOARD
Meeting Date: April 15, 2008
I have conducted a personal investigation on the personal site visit to the following properties.
A. CONSIDERATION OF APPEAL
1. Ca~ APP2007-00004 - 624 S. Missouri Avenue
~Yes no
B. LEVEL THREE APPLICATIONS
1. C~~REZ2008-02001 1101 and 1201 Gulf Boulevard
~~e~ no
Signature:
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Date: P/l , t (.,...-/
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PRINT NAME
S:\Planning Department\C D B\CDB, property investigation check list.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: April 15, 2008
I have conducted a personal investigation on the personal site visit to the following properties.
A. CONSIDERATION OF APPEAL \/Jrtttf'fAV,rr
1. Case: APP2007-00004 - 624 S. Missouri Avenue
Yes no
B. LEVEL THREE APPLICATIONS
1. Case: REZ2008-02001 1101 and 1201 Gulf Boulevard
X Yes no
Signatn,., f4JJ (JjJrI
Date:
1-j, 5:),r I
,
j2ICfi~r-R APEI-f;tr/J
PRINT NAME
S:\Planning Department\C D B\CDB, property investigation check Iist.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: April 15, 2008
I have conducted a personal investigation on the personal site visit to the following properties.
A. CONSIDERATION OF APPEAL
1. g.se-: APP2007-00004 - 624 S. Missouri Avenue
V Yes no
B. LEVEL THREE APPLICATIONS
1. C~REZ2008-02001 1101 and 1201 Gulf Boulevard
'/""-Yes no
Signature:
\
\
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Date:
itJor
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PRINT NAME
S:\Planning Department\C D B\CDB, property investigation check list.doc
1
COMMUNITY DEVELOPMENT BOARD
Meeting Date: Apri115, 2008
I have conducted a personal investigation on the personal site visit to the following properties.
A. CONSIDERATION OF APPEAL
1. Case: APP2007-09004 - 624 S. Missouri Avenue
Yes v../ no
B. LEVEL THREE APPLICATIONS
1. <;ase: REZ2008-0200l 1101 and 1201 Gulf Boulevard
~Yes no
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Date: -1-/3~{J5
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S:\Planning Department\C 0 B\CDB, property investigation check list.doc