MINUTES FOR APPROVAL - 04/16/2013 1
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
April 16, 2013
Awaiting approval
Present: Vice-Chair Thomas Coates, Member Frank L. Dame, Member Richard Adelson,
Member Brian A. Barker, Member Kurt B. Hinrichs, Member Norma R. Carlough, Member
Donald van Weezel, Alterr�ate Member John Funk
Also Present: Attorney for the Board Gina Grimes, Assistant City Attorney Leslie Dougall-
Sides, 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. followed by the invocation and
Pledge of Allegiance.
B. ROLL CALL: Vice Chair Coates, Members Adelson, Barker, Carlouqh,
Dame Hinrichs, van Weezel Alternate Member John Funk, Citv Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: March 19, 2012
Member Carlough moved to approve the minutes of the regular Community Development
Board meeting of March 19, 2012, as recorded and submitted in written summation to
each board member. The motion was duly seconded and carried unanimously. Alternate
Member Funk did not vote.
D. ELECTION OF OFFICERS: Chair and Vice Chair
Member Baker moved to appoint Thomas Coates as Chair. The motion was duly
seconded and carried unanimously. Alternate Member Funk did not vote.
Member Carlough moved to appoint Frank Dame as Vice-Chair. The motion was duly
seconded and carried unanimously. Alternate Member Funk did not vote.
E. REQUEST FOR CONTINUANCE (Item 1) (Continue to April 29, 2013):
1. Case: FLD2013-02004 - 1590 Gulf Boulevard Level Two Application
Owner: Taub Entities, LLC.
Aqent: Robert D. Hall; Curtis Gaines Hall Jones Architects, Inc (1213 East 6th
Avenue. Tampa, FL 33605; Phone: (813) 228-8000; email:
Bob(a�CGHjarchitects.com)
Location: 1.38 acres on the west side of Gulf Boulevard approximately 300 feet
south of Marina Del Rev Court and approximatelv 1,100 feet north of the City
Community Development 4/16/2013 1
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limits line between Clearwater and Belleair.
Atlas Paqe: 311 A
Zoninq: Commercial �C) District
Request� Flexible Development application to permit 23 attached dwellings with
a height of 68 feet as measured from base flood elevation to the top of the roof
deck (86 feet to the top of architectural roof embellishment features), front (east)
setbacks of 99 feet (to buildinq) and 10 feet (to parkinq), side (north) setbacks of
nine feet (to buildinq) and zero feet (to parking) and zero feet (to pavement
including a sidewalk terminus and drive aisle), side (south) setbacks of 10 feet
(to building and parking), nine feet (to swimminq pool) and four feet (to patio),
rear (west) setbacks as measured from the Coastal Construction Control Line
�CCCL) of zero feet (to building and patio) and three feet (to peraola/trellis
structure over the proposed spa/hot tub/fireplace, 46 parkinq spaces (includinq
two handicap spaces) (two parkinq spaces per dwelling unit) in the Commercial
�C) District as a Comprehensive Infill Redevelopment Project, under the
provisions of Community Development Code (CDC) Section 2-704.E; to permit a
two foot buildinq overhanc�(eve) to encroach seaward of the CCCL, under the
provisions of CDC Section 3-905 and to reduce the front (east) landscape buffer
from 15 feet to 10 feet (to parkin�, reduce the side (south) landscape buffer
from 10 feet to four feet (to patio) and to modify the required number of shade
trees from 40 canopv trees (or as otherwise provided via accent/palm trees to
24 canopy trees as part of a Comprehensive Landscape Proqram under the
provisions of 3-1202.G.
Proposed Use: Attached Dwellinas
Neighborhood Association(s): Clearwater Neiqhborhood Coalition and Sandkev
Civic Association
Presenter: Mark T. Parry, AICP; Planner III
Member Dame moved to reschedule Case FLD2013-02004 to April 29, 2013 at 10:00 a.m.
The motion was duly seconded and carried unanimously. Alternate Member Funk did not
vote.
F. CONSENT AGENDA: The followinq cases are not contested bv the
applicant, staff, neiqhborinq propertv owners, etc. and will be approved bv
a sinqle vote at the beqinninq of the meetinq (Items 1-2):
Pulled from Consent Agenda
1. Case: FLD2013-02006- 669 Bay Esplanade Level Two Application
Owner: DeNunzio Group LLC.
Aqent: Randy Austin, Landon, Moree &Associates, Inc (31622 USN 19 North,
Palm Harbor, FL 34684; Phone: 727-789-5010; email: Austin(c�lmaenqr.com)
Location: 0.15 acres on the east side Bav Esplanade Avenue rouqhly 463 feet
from Poinsettia Avenue
Atlas Paqe: 258A
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Zoninq: Tourist (T) District
Character District: Old Florida
Request� Flexible Development application to permit a three-unit Resort
� Attached Dwellinq use in the Tourist (�-) District with a reduction of minimum lofi
area from 10 000 square-feet to 6 475 square-feet and a reduction of minimum
lot width from 100 feet to 60 feet a front (west) setback of ten feet (where ten
feet is allowed) a side (north) setback of ten feet (where five feet is allowed), a
side (south) setback of five feet (where five is allowed), a rear (west) setback of
zero feet (where five is allowed)� and a heiqht of 65 feet (to top of flat roofl
pursuant to Community Development Code (CDC) Section 2-803.K. and the Old
Florida District of Beach by Design as well as an increase in the amount of
palms on site from 75 percent to 100 percent of the total required as a
Comprehensive Landscape Proqram under the provision of CDC Section 3-
1202.G.; and a two-vear Development Order
Proposed Use: Resort Attached Dwellinq
Neighborhood Association(s): Clearwater Neiqhborhood Coalition and
Clearwater Beach Association
Presenter: Ellen Crandall, Land Resource Specialist
See page 4 re discussion.
2. Case: TA2013-03002 -Amendments to the Community Development Code
Level Three Ap,plication
A�plicant: City of Clearwater
Request: Amendments to the Clearwater Community Development Code sians
provisions to allow the City to erect temporary wayfindina siqns due to chanaed
traffic circulation patterns as a result of public construction projects and revisions
to the Termination of Nonconformity provisions.
Neighborhood Association: Clearwater Neiqhborhoods Coalition
Presenter: Robert G. Tefft, Development Review Manaqer
See Exhibit: Staff Report TA2013-03002 2013-04-16
Member Barker moved to recommend approval of Case TA2013-03002 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 Member Funk
did not vote.
Pulled from Consent Agenda
1. Case: FLD2013-02006- 669 Bay Esplanade Level Two Application
Owner: DeNunzio Group LLC.
AQent: Randy Austin, Landon, Moree &Associates, Inc (31622 USN 19 North,
Palm Harbor, FL 34684; Phone: 727-789-5010; email: Austin(a�lmaenqr.com)
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Location� 0 15 acres on the east side Bay Esplanade Avenue rouqhly 463 feet
from Poinsettia Avenue
Atlas Paqe: 258A
Zoninq: Tourist (T) District �
Character District: Old Florida
Request� Flexible Development application to permit a three-unit Resort
Attached Dwellinq use in the Tourist (T) District with a reduction of minimum lot
area from 10 000 square-feet to 6 475 sauare-feet and a reduction of minimum
lot width from 100 feet to 60 feet a front (west) setback of ten feet (where ten
feet is allowed) a side (north) setback of ten feet (where five feet is allowed), a
side (south) setback of five feet (where five is allowed), a rear (west) setback of
zero feet �where five is allowed); and a heiaht of 65 feet (to top of flat roofl
pursuant to Communitv Development Code (CDC) Section 2-803.K. and the Old
Florida District of Beach by Design as well as an increase in the amount of
palms on site from 75 percent to 100 percent of the total required as a
Comprehensive Landscape Program under the provision of CDC Section 3-
1202.G.; and a two-year Development Order
Proposed Use: Resort Attached Dwellinq
Neighborhood Association(s): Clearwater Neighborhood Coalition and
Clearwater Beach Association
Presenter: Ellen Crandall, Land Resource Specialist
See Exhibits: Staff Report FLD2013-02006 2013-04-16
Memorandum FLD2013-02006 2013-04-16
In response to questions, Planning Manager Robert Tefft said ownership is the only link
befinreen this project and the one across the street. Professional Engineer Jennifer
Shannon said the applicant is responsible for upgrading infrastructure so that the project
does not have a negative impact on neighbors' water pressure.
Suzanne Keys requested Party Status.
Member Dame moved to grant Suzanne Keys Party Status. The motion was duly
seconded and carried unanimously. Alternate Member Funk did not vote.
Gerald Gehrand requested Party Status.
Member Dame moved to grant Gerald Gehrand Party Status. The motion was duly
seconded and carried unanimously. Alternate Member Funk did not vote.
Member van Weezel moved to accept Ellen Crandall as an expert witness in the fields of
zoning, site plan analysis, planning in general, and the landscape ordinance. The motion
was duly seconded and carried unanimously. Alternate Member Funk did not vote.
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Member Barker moved to accept Robert Tefft 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. Alternate Member Funk did not vote.
Land Resource Specialist Ellen Crandall reviewed the Staff Report. The project meets
design requirements in Beach by Design.
Discussion ensued regarding district changes anticipated in Beach by Design. It was
stated that the Florida coastal vernacular theme, required by Beach by Design, should
feature an enhanced site design and a beach type look with bright colors and creative
architecture rather than the project's boxy design and subdued color palette. It was stated
that the project's architecture is simple, elegant, and attractive and reflects the modern
trend in architecture and the owner's tastes.
Mr. Tefft said Beach by Design encompasses the projecYs style of design; project colors
are in the Beach by Design palette. He opined that the architecture meets his
interpretation of design requirements in Beach by Design. Increasing the number of units
would require a new application submission. No piers, docks, or restaurants are proposed.
Katie Cole, attorney for the applicant, concurred with the Staff Report. She said the
developer and staff had significant deliberations regarding the project's adherence to Code
and Beach by Design criteria. She said except for the lot size, the project meets every
standard for Level One approval. She said the architecture style is similar to other
buildings on the beach.
Jordan Behar, representative for the applicant, said the pervious area is larger than
required. He reviewed tree specimens in the landscape plan, which is more extensive
than required.
Party Status Holder Suzanne Keys said the project will lower nearby property values as
the building is too tall for the area. She expressed concern the project will discourage
future visits by Five Palms Condominium Resort guests, increase traffic, and endanger
pedestrians. She said project balconies will look down on private decks, patios, and
grassy areas on the resort property. She requested that the project be required to build a
sidewalk, enhance street lighting, increase landscaping with full grown plants, and provide
a $30,000 cash allowance to Five Palms to install full grown plants on the resort property
and increase the height of the resort's wall separating the properties.
Party Status Holder Gerald Gehrand said the project's size is too large for the small parcel
and its height is inappropriate. He said the request is not for the community's betterment.
He said a massive amount of landscaping will be necessary along the shared border.
Ms. Crandall reviewed the landscape plan, noting it meets Code requirements for mature
plants. The project includes construction of a sidewalk.
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One resident spoke in support of the project.
Party Stat�s Holder Keys said due to the project's significant height, it is critical that
mature plants be installed on the Five Palms property to buffer and protect resort guests.
Party Status Holder Gehrand said project trees should be at least 35 feet tall. He said the
project is requesting a massive reduction in the required lot size.
Attorney Cole said the project will reduce traffic impacts as it replaces eight units with
three. She said landscaping meets or exceeds Code and is considered "enhanced" under
Beach by Design requirements. She said the Fire Department requires the buffer between
the project and the Five Palms for rear access, which would be impeded by additional
landscaping. She said the 6,475 square-foot lot exceeds the minimum Code required lot
size of 5,000 square-feet. She said the Code defines City expectations and Beach by
Design supports development of new uses in the Old Florida District with heights up to 75
feet for overnight accommodations.
Discussion ensued regarding the size of the project's footprint and project adherence to
step backs, setbacks, and landscaping requirements. Concern was expressed that
landscaping will not solve resort owner privacy concerns. It was noted that Beach by
Design defines the Old Florida District as a transition area and anticipates taller buildings.
Member Hinrichs moved to approve Case FLD2013-02006 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, including correction to Condition of Approval 2 to read
"That a Unity of Title for parcels 05-29-15-54756-077-0080 and 05-29-15-00000-310-0600
be recorded and submitted prior to the issuance of a building permit." The motion was
duly seconded and carried unanimously. Alternate Member Funk did not vote.
G. ADJOURNMENT
The meeting adjourned at 2:09 p.m.
Chair
Attest Community Development Board
Board Reporter
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