MINUTES FOR APPROVAL - 02/19/2013 ,
COMMUNI'fY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
February 19, 2013
DRAFT
Present: Vice-Chair Thomas Coates, Member Frank L. Dame, Member Richard
Adelson, Member Brian A. Barker, Member Kurt B. Hinrichs, Member Norma R.
Carlough, Acting Member ponald van Weezel
Absent: Chair Nicholas C. Fritsch,
Also Present: Attorney for the Board Gina Grimes, Assistant City Attorney Leslie
Dougall-Sides, Planning & Development Director Michael Delk, Assistant Planning &
Development Director Gina Clayton, Development Review Manager Robert Tefft, Board
Reporter Patricia O. Sullivan
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The Vice Chair called the meeting to order at 1:00 p.m.
B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker,
Carlouqh, Dame Hinrichs, Alternate Member van Weezel, Citv Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: Januarv 15, 2012
Member Dame moved to approve the minutes of the regular Community
Development Board meeting of January 15, 2012, as recorded and submitted in written
summation to each board member. The motion was duly seconded and carried
unanimously.
D. CONSENT AGENDA: The followinq cases are not contested bv the
applicant, staff, neiqhborinq property owners, etc. and will be approved by
a sinqle vote at the beqinning of the meetinq (Items 1-2):
1. Case: FLD2012-11027 - 760 Eldorado Avenue Level Two Application
Owner: Wayne J. Boyer
Aqent: Rick Miller� Atlantic Pool Builders (3665 East Bay Drive, Suite 204-112,
Largo FL 33771� phone: (727) 595-1142; email: Rick-APBCa�yahoo.com)
Location: 0.15 acre property is located on the west side of Eldorado Avenue
approximately 161 feet north of the intersection of Bohenia Street and Eldorado
Avenue.
Atlas Page: 249A
Community Development 2/19/2013 1
,
Zoning_ Low Medium Density Residential (LMDR) District
Request� Flexible Development a�plication for the construction of an accessory
�ool s�a and deck for an existinq sinqle-family detached dwellinq within the
� Low Medium Density Residentia�LMDR� District with a rear (wESt) setback of
zero feet to Coastal Construction Control Line) where zero feet is allowed as a
Residential Infill Project under the provisions of the Communitv Development
Code Section 2-204.E.
Proposed Use: Detached Dwellinq (existinq)
Neiqhborhood Associations: Clearwater Neiqhborhoods Coalition and
Clearwater Beach Association
Presenter: Kevin W. Nurnberqer, Planner III
See Exhibits: Staff Report FLD2012-11027 2013-02-18
2-14-13 Memorandum FLD2012-11027 2013-02-18
See page 3 for motion of approval.
2. Case: FLD2013-01001 - 1104 Mandalay Point Level Two Application
Owner: C James Pitzer Gills, Jr.
Aqent� Robert R Sprinkle� Sprinkle Consulting (18115 US 41 North Suite 600,
Lutz FL 33549; phone: (813) 949-7449; email:
rsprinkle(a�sprinkleconsulting.com)
Location� 2 31 acre pro�erty located on the west side of Mandalay Point
approximately 90 feet north of the northern terminus of Eldorado Avenue.
Atlas Paqe: 227A
Zoninq� Low Density Residential (LDR)/Open Space/Recreation (OS/R) Districts
Request� Flexible Development application to permit a boardwalk four feet in
width 366 feet in lenc�th and a maximum of approximately three feet in heiqht
�seven feet includinq handrails to be located seaward of the Coastal
Construction Control Line (CCCL) in the Low Density Residential (LDR) District
under the provisions of Community Development Code (CDC) Section 3-905.
Proposed Use: Boardwalk as accessor�to existing detached dwellinq
Neiqhborhood Association(s): Clearwater Neiqhborhoods Coalition and
Clearwater Beach Association
Presenter: Mark T. Parry, AICP, Planner III
See Exhibits: Staff Report FLD2013-01001 2013-02-18
2-14-13 Memorandum FLD2013-01001 2013-02-18
Community Development 2/19/2013 2
.
Member Dame moved to approve Cases FLD2012-11027 and FLD2013-01001 on
today's Consent Agenda based on evidence in the record, including the applications
and the Staff Reports, and hereby adopt the Findings of Fact and Conclusions of Law
stated in the Staff Reports, with conditions of approval as listed, including an additional
Condition of Approval for each Case as stated in the February 14, 2013 memorandum.
The motion was duly seconded and carried unanimously.
E. LEVEL TWO APPLICATIONS (Items 1):
1. Case: FLD2013-01002 - 431 Mandalav Avenue Level Two Application
Owner: C. John Pullara, Peter Pullara, Joseph Pullara
Aqent: Robert Greq�q� European Equities Corporation (630 Chestnut Street,
Clearwater FL 33756; phone: (727) 796-8774; email: archreq(a�aol.com)
Location: 0.12 acre property is located on the east side of Mandalay Avenue,
approximately 50 feet south of Papaya Street.
Atlas Page: 267A
Zoning: Tourist (T) District
Request: Flexible Development a�proval to allow for a bar, nightclub or
restaurant use where a restaurant currently exists within the Tourist (T) District
with no chanqes to any of the development standards previously approved as
part of FLD2009-01001 as a Comprehensive Infill Redevelopment Project under
the provisions of Community Development Code Section 2-803.D.
Proposed Use: Bar and Nightclub added to existinq Restaurant Use
Neiqhborhood Association(s): Clearwater Neiqhborhoods Coalition and
Clearwater Beach Association
Presenter: Matt Jackson, Planner II
See Exhibits: Staff Report FLD2013-01002 2013-02-18
2-19-13 Memorandum FLD2013-01002 2013-02-18
Gwen Douse requested Party Status.
Member Dame moved to grant Gwen Douse Party Status. The motion was duly
seconded and carried unanimously.
Member Carlough moved to accept Matthew Jackson as an expert witness in the fields
of zoning, site plan analysis, planning in general, and landscape ordinance. The motion
was duly seconded and carried unanimously.
Planner II Matt Jackson reviewed the Staff Report, correspondence re Mandalay
Avenue noise, recommended Conditions of Approval, and an additional Condition of
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Approval, which summarizes the City's noise ordinance and is recommended to allay
neighbor concerns.
In response to questions, Mr. Jackson said Mandalay Beach Club condo units are
approximately 100 to 300 feet from the subject business. The City's noise ordinance
does not reference decibel levels; it specifically prohibits loud and raucous noise.
Restaurants are permitted to have live bands. The 2009 approval of the business'
original comprehensive infill redevelopment application acknowledged the unavailability
of off street parking.
In response to questions, Planning & Development Director Michael Delk said the
Courts have upheld the City's standard for loud and raucous noise. Assistant City
Attorney Leslie Dougall-Sides said the Police may measure decibel levels but do not
use that standard when citing infractions to the noise ordinance.
Robert Gregg, representative for the applicant, said the State determined the business
sells 1% too much alcohol for its current license and required a change of status. He
said 4COP licenses are difficult to obtain and very expensive. He said nearby
businesses have outside bands. He said the board should not consider noise but the
change of status that is necessary to meet State requirements.
Party Status Holder Gwen Douse said she wished to preserve the quality of life for
herself and others. She said she and her neighbors are kept awake at night by loud
music from Mandalay Avenue businesses. She said music from the subject business
awoke her neighbor after closing hours while staff was cleaning. She requested that the
City amend the noise ordinance to limit how late music can be played and that the City
work to attract businesses to the area that appeal to families.
Heif Abdon, business owner, said he respects his neighbors and obeys the law. He
said the business is in a commercial area. He welcomed neighbors to come into the
business if the music is too loud and the volume would be lowered.
Attorney for the Board Gina Grimes said the board is tasked with determining if the
requested use is appropriate for the location.
Discussion ensued with comments that the only change to the business relates to the
State's determination that it sells a percentage more alcohol than food. It was
requested that the business not play music after it closes for the night. It was noted that
the owner has agreed to work with residents if music is too loud.
Community Development 2/19/2013 4
.
Member Dame moved to approve Case FLD2013-01002 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
with conditions of approval as listed. The motion was duly seconded and carried
unanimously.
Items not on the Aqenda
It was reported that Chair Fritsch will attend the March meeting.
F. ADJOURNMENT
The meeting adjourned at 1:43 p.m.
Chair
Attest Community Development Board
Board Reporter
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