MINUTES FOR APPROVAL - 04/29/2013 COMMUNITY DEVELOPMENT BOARD SPECIAL MEETING MINUTES
CITY OF CLEARWATER
April 29, 2013
Awaiting approval
Present: Chair Thomas Coates, Vice-Chair Frank L. Dame, Member Richard Adelson,
Member Kurt B. Hinrichs, Member Norma R. Carlough, Member ponald van Weezel,
Acting Member John Funk
Absent: Member Brian A. Baker
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 Chair called the special meeting to order at 10:00 a.m.
B. ROLL CALL: Chair Coates, Vice Chair Dame, Members Adelson, Barker,
Carlouqh, Hinrichs, van Weezel Alternate Member Funk, Citv Staff
C. LEVEL TWO APPLICATIONS (Items 1):
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: L13) 228-8000; email:
Bob CGHjarchitects.com)
Location: 1.38 acres on the west side of Gulf Boulevard approximately 300 feet
south of Marina Del Rey Court and approximately 1,100 feet north of the City
limits line between Clearwater and Belleair.
Atlas Paqe: 311 A
Zoninq: Commercial (C Districtl
Character District: None
Request: Flexible Development aeplication 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 parkinc,�, side (north) setbacks of
nine feet (to building) and zero feet (to parking) and zero feet (to pavement
includinqa sidewalk terminus and drive aisle), side (south) setbacks of 10 feet
�o buildin_q and parking,�, nine feet �to swimminqpool) and four feet (to patio�
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rear (west) setbacks as measured from the Coastai Construction Control Line
(CCCL) of zero feet (to buildinq and patio) and three feet (to perqola/trellis
structure over the proposed spa/hot tub/fireplace 46 parkinq spaces (includinq
two handicap spaces�(two parkinq spaces per dwelling unit) in tE�e 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 building overhang (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 parkinq), reduce the side (south) landscape buffer
from 10 feet to four feet (to patio) and to modify the reauired number of shade
trees from 40 canopy 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 Dwellinqs
Neighborhood Associations: Clearwater Neghborhood Coalition and Sand kev
Civic Association
Presenter: Mark T. Parry, AICP; Planner III
See Exhibit: Staff Report FLD2013-02004 2013-04-29
Arlene Musselwhite, Sand Key Civic Association President, requested Party Status.
Member Dame moved to grant Arlene Musselwhite Party Status. The motion was duly
seconded and carried unanimously.
Todd Pressman, representing Isle of Sand Key Condo building residents, requested
Party Status.
Member Carlough moved to grant Todd Pressman Party Status as representative of the
Isle of Sand Key Condo building residents. The motion was duly seconded and carried
unanimously.
Vince Nauss, Cabana Club Condominium Association President, requested Party
Status.
Member van Weezel moved to grant Vince Nauss Party Status. The motion was duly
seconded and carried unanimously.
Frank Simonelli, Cabana Club Condominium Association board member, requested
Party Status.
Acting Member Funk moved to grant Frank Simonelli Party Status. The motion was
duly seconded and carried unanimously.
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Member Cariough moved to accept Mark Parry as an expert witness in the fields of
redevelopment planning, comprehensive planning, annexation implementation, zoning,
land use/rezoning applications, land development general pianning code amendments,
landscape ordinance, and special area plans/overlay districts. The motion was duly
seconded and carried unanimously.
Planner III Mark Parry reviewed the Staff Report.
Developer/Applicant Brian Taub reviewed his firm's history. He said before he
purchased the subject property last December, he met with the City, Sand Key Civic
Association, and condominium residents in nearby buildings to inform them of his
intention to develop the property and to understand their concerns and try to address
them in the development plans. Since purchasing the property, he had many more
meetings and correspondence with neighbors. He thanked staff for their help.
In response to questions, Mr. Taub said the development will use the Cabana Club
Restaurant ingress/egress. He said at its closest point, the project will be 10 feet from
the Cabana Club Condominiums, which abuts the property line. He said a beach
access will on the south side of the property.
Party Status Holder Musselwhite requested additional time.
Member Adelson moved to grant Party Status Holder Musselwhite an additional 5
minutes. The motion was duly seconded and carried unanimously.
Party Status Holder Musselwhite submitted a package from the Sand Key Civic
Association supporting the project, with a condition that rooftop air-conditioning units be
screened from the view of nearby residents in taller buildings. She said the estimate
she received for screening was less than $50,000. She said the Development Code
requires views of inechanicals to be screened from abutting and adjacent properties.
She said the Code should apply to vertically stacked residential units.
Party Status Holder Pressman requested additional time. Attorney for the Board Gina
Grimes recommended the board grant Party Holder Pressman the same amount of
extra time as was used by Party Status Holder Musselwhite.
Member Dame moved to grant Party Holder Pressman an additional 3.5 minutes. The
motion was duly seconded and carried unanimously.
Party Holder Pressman provided a PowerPoint presentation. He said he was working
with the Sand Key Civic Association. He said Isle of Sand Key residents support the
project but request additional screening of rooftop air-conditioning units. He said the
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Development Code obligates the developer to consider views from adjoining homes.
He submitted a letter from a local architect indicating that the cost to screen rooftop
mechanics would not be burdensome. He said available roof screens meet 150 mph
wind reyuirements. He said the development d�es not meet current standards nor the
Code's beautification requirements. He said views of the rooftop air-conditioners will
significantly impair the value of higher units in nearby buildings
Party Holder Nauss complimented Brian Taub for his efforts working with neighbors and
solving complex issues when planning this project. He said the Cabana Club is the
closest neighbor and is impacted the most. He urged the board to approve the project
without additional conditions.
Party Status Holder Simonelli said he was happy the restaurant is gone, supports the
development, and thanked Brian Taub for his efforts.
Seven residents spoke in support of the development with 2 supporting a condition to
require additional screening for rooftop air-conditioning units.
Mr. Parry reviewed staff's opposition to requiring air-conditioning units to be screened
on 5 sides. He said Code requires views of rooftop mechanicals to be screened from
the right-of-way and at street level from adjoining properties. He said adding this
requirement would have a detrimental impact on the entire City and discussed resulting
complications.
Member van Weezel moved to grant Mr. Parry an additional 2 minutes. The motion was
duly seconded and carried unanimously.
Mr. Parry reviewed enforcement difficulties related to requiring additional screening.
Discussion ensued. It was felt that views of rooftop air-conditioning units negatively
impact the value of condominium units. Concerns were expressed that the Code did
not consider Sand Key's unique environment when it was written and this development
will reduce the amount of commercial land on Sand Key. Attorney Grimes said each
property owner has the prerogative to request a zoning change and each case has
unique facts and is considered separately.
In response to questions, Mr. Parry said no concrete evidence was submitted indicating
views of rooftop air-conditioning units adversely and substantially impact condominium
values. He said adding that requirement would have negative implications City wide.
He noted the development could be much taller. He had not seen screening
requirements similar to the request in other codes he reviewed.
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Party Holder Pressman said Mr. Parry did not address significant adverse impacts of
the rooftop air-conditioning units. In response to a question, he said the Isle of Sand
Key is a 17-story building across Gulf Boulevard from the development.
Party Holder Nauss said Cabana Club is 2 stories taller than the development and does
not support the proposed screening requirement.
Mr. Taub submitted signatures from residents of neighboring properties in support of the
development. He said the development is consistent with the community's character
and submitted photographs of ground level air-conditioning units at the Harborage One
and Isle of Sand Key that are visible from the right-of-way. He said no complaints had
been filed regarding rooftop air-conditioning units on the Cabana Club Restaurant. In
response to a question, he said his architect and contractor had opined that additional
screening was not feasible or affordable. He said neighbors indicated they did not want
a taller development that would block water views. He said he did not want his
development treated differently than others on Sand Key.
Discussion ensued with comments that this marks the end a long list of controversial
proposals for this site. Support was expressed for the project and staffs interpretation
of Code. The community was commended for its positive perspective and Mr. Taub
was complimented for his community outreach efforts.
Member Hinrichs moved to approve Case FLD2013-02004 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
The board wished farewell to Attorney for the Board Gina Grimes and thanked her for
her appropriate guidance, help, and good counsel. Ms. Grimes said she enjoyed her
position here and appreciated that the board was cooperative and professional. She
complimented the City's top rate staff and excellent and thorough staff reports.
D. ADJOURNMENT
The meeting adjourned at 11:51 a.m.
Chair
Attest Community Development Board
Board Reporter
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