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06/18/2013 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 18, 2013 Present: Chair Thomas Coates, Vice Chair Frank L. Dame, Member Richard Adelson, Member Brian A. Barker, Member Donald van Weezel, Acting Member John Funk Absent: Member Kurt B. Hinrichs, Member Norma R. Carlough Also Present: Attorney for the Board Jay Daigneault, Assistant City Attorney Leslie Dougall-Sides, Planning & Development Director Michael L. Delk, Planning Manager Lauren Matzke, Board Reporter Patricia O. Sullivan A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE The Chair called the meeting to order at 1:00 p.m. B. ROLL CALL: Chair Coates, Vice Chair Dame, Members Adelson, Barker, Carlough, Hinrichs, van Weezel, Alternate Member Funk, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: May 21, 2013 Member van Weezel said he voted "Nay" re Cases FLD2013-03011 and DVA2013- 03001. Member Dame moved to approve the minutes of the regular Community Development Board meeting of May 21, 2013, as corrected. The motion was duly seconded and carried unanimously. D. REQUEST FOR CONTINUANCE: (Items 1-2) (Continue to July 16, 2013) 1. Case: FLD2013-04016 - 1403 North Fort Harrison Level Two Application Owner/Applicant: Religious Community Services, Inc. Agent: Robert Fudge, P.E.; GLE Associates, Inc. (4300 W. Cypress St., Ste. 400, Tampa, FL 33756; phone: 813-241-8350 ext 521; email: rfudge(agleassociates.com) Location: The 1.31 acre subject property is located on the east side of North Fort Harrison Avenue; approximately 400 feet north of North Fort Harrison and Engman Street intersection. Atlas Page: 268B Existing Zoning: Commercial (C) District Request: Flexible Development Application to allow 4,390 square-foot building to an existing residential shelter use in the Commercial (C) District with a lot area of 57,210 square-feet, a lot width of 263.55 feet (along Fort Harrison Avenue) and Community Development 6/18/2013 1 207.87 feet (along North Garden Avenue), front (west) setbacks of fifteen feet (to new pavement), 30.32 feet (to new planter), and 34.5 feet (to new building); front (east) setbacks of 8.17 feet (to existing pavement), 20.97 feet (to existing building), and 129 feet (to new building); side (north) setbacks of one foot (to existing shed), 10.14 feet (to existing pavement), and 10.41 feet (to new building); side (south) setbacks of 4.42 feet (to existing pavement), 25.74 feet (to existing building),and 47 feet (to new pavement), and 170 feet (to new building); a rear (east) setback of 12.52 feet (to new building); a building height of 30 feet; and 28 parking spaces as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2-704.E.; as well as a reduction to the perimeter landscape buffer along Garden Avenue from 10 feet to 8.17 feet; a reduction to the perimeter landscape buffer along the side (south) from five feet to 4.42 feet; a reduction to the perimeter landscape buffer along the side (north) from five feet to zero feet; reductions to the foundation landscape requirement on the front (west) facade from five feet zero feet and the front (east) facade from five feet to zero feet; a reduction to the number of required shade tree plantings from 32 trees to 16 trees : and a reduction to the required landscaping in the vehicle use area from 10 percent to 4.5 percent, as part of a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Residential Shelter Neighborhood Associations: Clearwater Neighborhoods Coalition and Old Clearwater Bay Presenter: Kevin W. Nurnberger, Planner III Member van Weezel moved to continue Case FLD2013-04016 to July 16, 2013. The motion was duly seconded and carried unanimously. 2. Case: FLD2013-03010 - 1498 Belleair Road Level Two Application Owner: S. Murphy Enterprises, Inc. Agent: Adam Carnegie, AICP, Stantec (2205 N 20th Street, Tampa, FL 33605; phone: 813-223-9500; email: adam.carnegie(o)stantec.com) Location: 0.575 acres located at the northwest corner of Belleair Road and Highland Avenue. Atlas Page: 315A Zoning: Commercial (C) District Request: Flexible Development application to permit a 3,016 square-foot automobile service station in the Commercial (C) District with a lot area of 25,050 square-feet, lot widths of 167 feet (along Belleair Road) and 150 feet (along Highland Avenue), building heights of 14 feet (to midpoint of pitched roof of existing building) and 17.5 feet (to top of proposed gas pump canopy), front (south) setbacks of 29.56 feet (to canopy) and 5.04 feet (to pavement), front (east) setbacks of 38.45 feet (to canopy) and 13.97 feet (to pavement), side (north) setbacks of 10.1 feet (to building) and five feet (to pavement), a side Community Development 6/18/2013 2 (west) setback of 9.98 feet (to building) and 11 off-street parking spaces, as a Comprehensive Infill Redevelopment Project, pursuant to Community Development Code (CDC) Section 2-704.E. along with reductions of the front (south) landscape buffer from 15 feet to 5.04 feet (to pavement), the front (east) landscape buffer from 15 feet to 13.97 feet (to pavement), the area of interior landscaping from 1,484 square-feet to 268 square-feet, eliminate 57 linear feet of the required foundation plantings along the front (east) fapade of the building, and eliminate the shrubs required in the foundation plantings along the front (south) fapade of the building as part of a Comprehensive Landscape Program under the provisions of 3-1202.G. Proposed Use: Automobile Service Station Neighborhood Associations: Clearwater Neighborhoods Coalition, Lake Bellevue Neighborhood Association and Brookhill Ambassadors Neighborhood Association Presenter: Matt Jackson, Planner III Member Dame moved to continue Case FLD2013-03010 to July 16, 2013. The motion was duly seconded and carried unanimously. E. CONSENT AGENDA: The following case/s; is/are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of meeting: (Items 1-7) Less Items 2 and 3 1. Case: FLD2012-05011 - 425/441 East Shore Drive Level Two Application Owner/Applicant: Michael G. Preston, Revocable Trust Agent: Katie E. Cole, Esq., Hill Ward Henderson (311 Park Place Blvd., Suite 240, Clearwater, FL 33759: Phone: 727-724-3900: email: kcole(a)-hwhlaw.com) Location: 0.31-acre site (uplands only: 0.515 acres total) located at the southeast corner of East Shore Drive and Papaya Street Atlas Page: 267A Existing Zoning: Tourist (T) District Request: Amendment of conditions 11, 17, 21, 25, 26 and 28 of approved Flexible Development application FLD2012-05011 which permitted a Restaurant use of 10,749 square-feet in the Tourist (T) District with a lot area of 13,557 square-feet (uplands only): lot width of 100 feet: zero parking spaces: and to permit a 28-slip, 7,420 square-foot Commercial Dock with an increase to the permitted width of a dock from 75 percent of the waterfront lot width (75 feet) to 79 percent (79 feet) and an increase from the permitted length of a dock from 75 percent (75 feet) of the waterfront lot width to 300 percent (300 feet) by utilizing the lot widths the two adjacent properties along with the subject property in determining the permitted width of the subject dock as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2-803.C. Proposed Use: Restaurant Community Development 6/18/2013 3 Neighborhood Associations: Clearwater Neighborhoods Coalition and Clearwater Beach Association Presenter: Mark T. Parry, AICP, Planner III For Staff Report FLD2012-05011 see Agendas\Community Development Board\2010 s\2013\06/18/2013 See page 5 for motion of approval. 2. PULLED FROM CONSENT AGENDA Case: FLD201 3-0401 5- 430 South Gulfview Boulevard Level Two Application See Below 3. PULLED FROM CONSENT AGENDA Case: TA2013-05003 - Amendments to the Community Development Code Level Three Application See Below 4. Case: FLD2013-04014 - 1835 N Highland Avenue Level Two Application Owner/Applicant: Karl and Jane McClintock Agent: Katie E. Cole, Esq., Hill Ward Henderson (311 Park Place Blvd., Suite 240, Clearwater, FL 33759; Phone: 727-724-3900; email: kcole(a)-hwhlaw.com) Location: The 0.64 acre subject property is located on the east side of North Highland Avenue approximately 450 feet north of Greenlea Drive. Atlas Page: 261A Existing Zoning: Commercial (C) District Request: Flexible Development application to permit a 8,000 square-foot Retail Sales and Services use in the Commercial (C) District with a lot area of 27,878 square feet, a lot width of 85 a building height of 22.66 feet (to top of flat roof), front (west) setbacks of 15.67 feet (to pavement) and 64.67 feet (to building), side (north) setbacks of 7.62 feet (to pavement) and 75.29 feet (to building), side (south) setbacks of 6.79 feet (to pavement) and 8.57 feet (to building), rear (east) setbacks of zero feet (to pavement) and 5.11 feet (to building) and 23 off-street parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-704.E. along with a reduction of a portion of the front (west) landscape buffer from 15 feet to 10 feet (to stormwater pond), a reduction to a portion of the rear (east) landscape buffer from 5 feet to zero feet (to pavement), a reduction of the number of required trees from 31 to 21, the elimination of the required foundation plantings along the front (west) fapade of the building and increasing the percentage of allowable accent trees from 25 to 76 percent as part of a Comprehensive Landscape Program under the provisions of 3- 1202.G. Proposed Use: Retail Sales and Services Community Development 6/18/2013 4 Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Matt Jackson, Planner III For Staff Report FLD2013-04014 see Agendas\Community Development Board\2010 s\2013\06/18/2013 Member Dame moved to approve Cases FLD2012-05011 and FLD2013-04014 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. The motion was duly seconded and carried unanimously. 5. Case: LUP2013-02001 - 150 McMullen Booth Road (Related to REZ2013- 02001) Level Three Application Owner/Applicant: First Baptist Church of Clearwater a/k/a Calvary Baptist Church Representative: Brian Aungst, Jr., Macfarlane Ferguson & McMullen, P.A. (PO Box 1669, Clearwater, FL 33757; phone: 727-444-1403; email: bia(a)macfar.com) Location: 3.61 acres, located on the west side of McMullen Booth Road approximately 100 feet south of Cherry Lane Atlas Page: 292A Request: Future Land Use Map amendment from Residential/Office Limited (R/OL) to Institutional (1) Type of Amendment: Small scale Proposed Use: Place of Worship Neighborhood Association(s): Clearwater Neighborhoods Coalition, Del Oro Groves N.A. Presenter: Catherine Lee, AICP, Planner III For Staff Report LUP2013-02001 see Agendas\Community Development Board\2010 s\2013\06/18/2013 Member Barker declared a conflict of interest. See page 6 for motion to recommend approval. 6. Case: REZ2013-02001 - 150 McMullen Booth Road (Related to LUP2013- 02001) Level Three Application Owner/Applicant: First Baptist Church of Clearwater a/k/a Calvary Baptist Church Representative: Brian Aungst, Jr., Macfarlane Ferguson & McMullen, P.A. (PO Box 1669, Clearwater, FL 33757; phone: 727-444-1403; email: bia(a)macfar.com) Location: 3.61 acres, located on the west side of McMullen Booth Road approximately 100 feet south of Cherry Lane Community Development 6/18/2013 5 Atlas Page: 292A Request: Zoning Atlas amendment from Office (0) to Institutional (1) Proposed Use: Place of Worship Neighborhood Association(s): Clearwater Neighborhoods Coalition, Del Oro Groves N.A. Presenter: Catherine Lee, AICP, Planner III For Staff Report REZ2013-02001 see Agendas\Community Development Board\2010 s\2013\06/18/2013 Member Barker declared a conflict of interest. Member Dame moved to recommend approval of Cases LUP2013-02001 and REZ2013-02001 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. The motion was duly seconded. Members Dame, Adelson, van Weezel, Chair Coates, and Acting Member Funk voted "Aye"; Member Barker abstained. Motion carried. 7. Case: TA2013-05004 - Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater Request: Amendment to the Clearwater Community Development Code, Section 5-401, expanding the powers and duties that the Municipal Code Enforcement Board may exercise on behalf of the City of Clearwater to be consistent with Florida State Statutes. Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Camilo A. Soto, Assistant City Attorney For Staff Report TA2013-05004 see Agendas\Community Development Board\2010 s\2013\06/18/2013 Member Dame moved to recommend approval of Case TA2013-05004 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. 2 PULLED FROM CONSENT AGENDA Case: FLD2013-04015-430 South Gulfview Blvd. Level Two Application Owner: Salt Block 57, LLC. Agent: E.D. Armstrong III, Hill Ward Henderson (311 Park Place Blvd., Suite 240, Clearwater, FL 33759; Phone: 727-724-3900; email: earmstrong(a-)-hwhlaw.com) Community Development 6/18/2013 6 Location: 2.45 total acres (1.87 acres zoned Tourist District; 0.58 acre zoned Open Space/Recreation District) on the west side of South Gulfview Boulevard approximately 500 feet northwest of Hamden Drive. Atlas Page: 276A Zoning: Tourist (T) District and Open Space/Recreation (OS/R) District Special Area Plan: Beach by Design (South Beach/Clearwater Pass District) Request: Flexible Development approval to permit a 230-room overnight accommodation use (including eight total dwelling units as converted to 13 overnight accommodation units previously approved and transferred under TDR2005-05022 including four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4- 1402 and 124 units which were the subject of a Termination of Status of Non-conformity under FLD2005-01005, FLD2005-05047, FLD2007-11034 and FLD2008-08024) in the Tourist (T) District with a lot area of 81,450 square- feet/1.87 acres zoned Tourist District (2.45 total acres; 0.58 acre of total acreage zoned Open Space/Recreation District), a lot width of 236 feet, a front (east) setback of 27 feet (to building), 22 feet (to edge of balcony), zero feet (to Porte cochere), three feet (to pavement) and zero feet (to planter/art/fountain feature), a side (north) setback of zero feet (to building) from the Coastal Construction Control Line (CCCL) and to permit a balcony and sundeck one foot and eight feet, respectively, northward of the CCCL, a side (south) setback of four feet (to building) and 1.5 feet (to pavement), a rear (west) setback of one foot (to building), four feet (to gazebo) and zero feet (to concrete patios, sun and pool decks and like accessory structures) from the CCCL and to permit concrete patios, sun and pool decks and like accessory structures up to 28 feet seaward of the CCCL, a building height of 150 feet above Base Flood Elevation (BFE) to top of roof deck and 335 valet-only parking spaces at 1.46 parking spaces per hotel room, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.D; approval of a two-year development order; and to allow the floor plate of the building above 100 feet to be up to 13,000 square-feet where the maximum area is 10,000 square-feet as provided by Section VI1.B.3 of Beach by Design. Proposed Use: 230 Overnight Accommodation units Neighborhood Associations: Clearwater Neighborhood Coalition; Clearwater Beach Association Presenter: Mark T. Parry, AICP, Planner III For Staff Report FLD2013-04015 see Agendas\Community Development Board\2010 s\2013\06/18/2013 Member Barker moved to accept Mark Parry as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, zoning, Community Development 6/18/2013 7 land use/rezoning applications, land development general planning code amendments, landscape ordinance, and special area plans/overlay districts. The motion was duly seconded and carried unanimously. Concern was expressed that an easement may be necessary for Fire Department access if the property has a zero foot setback. Mr. Parry said the Fire Department had indicated all department concerns were satisfied. Architect James Wurst, representative for the applicant, said he had reviewed the application with the Fire Department; firefighters will be able to walk around the property. He said the zero foot setback is to the CCCL (Coastal Construction Control Line). Concern was expressed that proposed stacked parking and garage access restrictions may hinder guests' ability to comply with time frames during an evacuation. Attorney Ed Armstrong, representative for the applicant, said the required evacuation plan has not yet been prepared. Acting Member Funk moved to approve Case FLD2013-04015 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. 3. PULLED FROM CONSENT AGENDA Case: TA2013-05003 -Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater Request: Amendments to the Clearwater Community Development Code relating to veterinary clinics in the Commercial (C) District and creating definitions, procedures and requirements for general development agreements and hotel density reserve development agreements. Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Gina Clayton, Assistant Planning and Development Director For Staff Report TA2013-05003 see Agendas\Community Development Board\2010 s\2013\06/18/2013 Planning and Development Director Michael Delk said following discussion, the City Council supported the Business Task Force recommendation that the Council approve allocation of reserve pool units based on conceptual site plans and building elevations Community Development 6/18/2013 8 before developers invest in producing plans necessary for CDB approval. Only minor changes to design, massing, and scale, as permitted by Code, will be allowed; the process will start over if staff determines demonstrable changes occurred. It was stated the current process works well and should not be changed. Concerns were expressed it will be difficult for the Council to verify if a project would meet Code goals and objectives and include elements required for reserve pool unit allocation before architectural plans are submitted. It was stated this change does not address the vagueness of flexibility limits in Beach by Design and the Code; support was expressed for amending Beach by Design to clarify ambiguities. It was recommended this change be delayed and adopted in tandem with Beach by Design modifications. Concern was expressed the public will be upset if the CDB (Community Development Board) rejects a project the City Council previously approved in concept. Acting Member Funk moved to recommend approval of Case TA2013-05003 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. Members Dame and Barker, Chair Coates, and Acting Member Funk voted "Aye"; Members Adelson and van Weezel voted "Nay." Motion carried. F. LEVEL THREE APPLICATION (Items 1-3): 1. Case. DVA2013-02001 - 650 Bay Esplanade Level Three Application Owner: Bay Esplanade Project, LLC Agent: Randy Austin; Landon, Moree & Associates (31622 US Highway 19 N, Palm Harbor, FL 34684; phone: 727-789-5010 ext. 211; email: austin(aImaengr.com) Location: 0.95 acre subject property is located on the northeast corner of the Poinsettia Avenue and Bay Esplanade intersection. Atlas Page: 258A Zoning: Tourist (T) District Request: Review, and recommendation to the City Council, of a Development Agreement between Bay Esplanade project, LLC (the property owner) and the City of Clearwater, providing for the allocation of 55 units from the Hotel Density Reserve with a building height of 75 feet (from base flood elevation to mid-point of decorative roof structure) and an overall density of 107.7 overnight accommodation units/rooms per acre where 150 units per acre is allowable under Beach by Design. Proposed Use: Overnight Accommodations Neighborhood Associations: Clearwater Beach Association, Clearwater Community Development 6/18/2013 9 Neighborhoods Coalition Presenter: Kevin W. Nurnberger, Planner III For Staff Report DVA2013-02001 see Agendas\Community Development Board\2010 s\2013\06/18/2013 Planner III Kevin Nurnberger reviewed the staff report. Attorney Katie Cole, representative for the applicant, said the development agreement application complies with all Community Development Code and Beach by Design requirements. She said the infill midsize hotel project represents the preferred use in the Old Florida District; the project is not waterfront. She submitted three letters of recommendation. Two people spoke in opposition to the project and two people spoke in support. Concerns were expressed that the request for 55 units from the reserve pool seems out of proportion for a property zoned for 47 units. Attorney Cole said allowable density for projects requesting reserve pool units is 150 units per acre; the proposal is for 107 units per acre. Mr. Delk said the reserve pool was created so that limited service hotels are economically viable. Discussion ensued with comments that few projects replacing aging mom and pop units attract tourists as many cannot afford high end hotels; this project provides that market a nice inexpensive property in a nice location. Concern was expressed that reserve units should be distributed throughout Clearwater Beach, especially along the Coronado Avenue corridor and a large numbers of units should not be dedicated to one property. It was suggested that the project could be smaller; however the CDB cannot determine how large a project must be to be economically viable. It was suggested the City Council consider if this project requires the number of reserve units requested. Member Barker moved to recommend approval of DVA2013-02001 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. Members Dame, Adelson, and Barker and Chair Coates voted "Aye"; Member van Weezel and Acting Member Funk voted "Nay." Motion carried. 2. Case: LUP2013-04002 - 2200 and 2251 Montclair Road (Related to REZ2013- 04002) Level Three Application Owner/Applicant: Webb's Nursery, Inc. Representative: E.D. Armstrong III, Hill Ward Henderson (311 Park Place Blvd., Community Development 6/18/2013 10 Suite 240, Clearwater, FL 33759; Phone: 727-724-3900; email: earmstrong(a)hwhlaw.com) Location: 23.75 acres located on the southwest corner of Montclair Road and North Belcher Road Atlas Page: 254A Request: Future Land Use Map amendment from Residential Urban (RU), Preservation (P) and Water/Drainage Feature to Residential Medium (RM), Preservation (P) and Water/Drainage Feature Type of Amendment: Large scale Proposed Use: Detached dwelling and plant wholesale nursery Neighborhood Associations: Clearwater Neighborhoods Coalition, Woodgate 1 & 2, Woodgate 3 Presenter: Catherine Lee, AICP, Planner III For Staff Report LUP2013-04002 see Agendas\Community Development Board\2010 s\2013\06/18/2013 Planner III Cate Lee reviewed the Staff Report. An application for development of the subject site has not been submitted. Member Dame moved to accept Cynthia Tarapani as an expert witness in the areas of comprehensive planning, project approvals, zoning and land development regulations, land use litigation and eminent domain, and historic preservation. The motion was duly seconded and carried unanimously. Cynthia Tarapani, representative for the applicant, reviewed surrounding uses. She said residential development of the site is consistent with the Future Land Use Plan, zoning, nearby land use patterns, and uses on Belcher Road, a scenic non commercial corridor. She said residential development is compatible with existing development and the site will provide a transition from commercial uses to the north and single family residential uses across the lake to the west. She said Clearwater's EAR (Evaluation & Appraisal Report) indicates all City services can be provided without negative effects. She said City goals encourage infill and wetland preservation; wetlands and buffers will be zoned Preservation. Member Dame moved to accept Michael Raysor as an expert witness in the areas of traffic engineering. The motion was duly seconded and carried unanimously. Michael Raysor, representative for the applicant, said his traffic impact analysis indicates after development of the subject site, Belcher and Sunset Point roads will continue to operate at an acceptable LOS (Level of Service) D and Montclair Road, a collector road, will operate at less than 75% of capacity. He said nearby intersections will have a LOS of C. Community Development 6/18/2013 11 Two people spoke in opposition to the zoning change and one person spoke in support. A petition in opposition to the change was submitted. Attorney Ed Armstrong, representative for the applicant, said residential development is appropriate for this site. He said current infrastructure can comfortably accommodate traffic from a residential development. Discussion ensued with comments that residential development is a reasonable use for the site, provides sufficient buffer from nearby single family homes, and will not result in unreasonable traffic conditions. Support was expressed for the proposed zoning change. Acting Member Funk moved to recommend approval of Case LUP2013-04002 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. 3. Case: REZ2013-04002 - 2200 and 2251 Montclair Road (Related to LUP2013- 04002) Level Three Application Owner/Applicant: Webb's Nursery, Inc. Representative: E.D. Armstrong III, Hill Ward Henderson (311 Park Place Blvd., Suite 240, Clearwater, FL 33759; Phone: 727-724-3900; email: earmstrong()hwhlaw.com) Location: 23.75 acres located on the southwest corner of Montclair Road and North Belcher Road Atlas Page: 254A Request: Zoning Atlas amendment from RPD-7.5, Residential Planned Development (7.5 UPA Max Density) category (Pinellas County) to the Medium High Density Residential (MHDR) and Preservation (P) categories (City of Clearwater) Proposed Use: Detached dwelling and plant wholesale nursery Neighborhood Associations: Clearwater Neighborhoods Coalition, Woodgate 1 & 2, Woodgate 3 Presenter: Catherine Lee, AICP, Planner III For Staff Report REZ2013-04002 see Agendas\Community Development Board\2010 s\2013\06/18/2013 Planner III Cate Lee reviewed the Staff Report. Member van Weezel moved to include all records submitted for Case LUP2013-04002 in Case REZ2013-04002. The motion was duly seconded and carried unanimously. Community Development 6/18/2013 12 Acting Member Funk moved to incorporate all previous testimony and documents for Case LUP2013 -04002 in Case REZ2013- 04002. The motion was duly seconded and carried unanimously. Member Dame moved to recommend approval of Case REZ2013 -04002 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. G. DIRECTOR'S ITEMS (Items 1 -2) 1. Post - Disaster Redevelopment Plan - Presenter: Cate Lee, AICP, Planner III Planner III Cate Lee reviewed the City's Post - Disaster Redevelopment Plan scheduled for City Council adoption on June 19, 2013. The Senior Executive Team serves as the Steering Committee. Recommendations were made for the plan to include a public liaison component and information package to help communities prepare for the redevelopment of their environment and to broaden the plan's scope to prepare for additional emergencies such as effects of solar flares. Staff was commended for their efforts. 2. Rules of Procedure, Article 4 Conduct of Meetings, Section 4 Order of Meeting: Change the order in which meetings are conducted: a. Level Three Applications re: Development Agreements re: Not on Consent b. Citizens to be heard re: Items Not on the Agenda. Planning and Development Director Michael Delk reviewed proposed amendments to the CDB Rules of Procedure. Concern was expressed that the board has no power to resolve public concerns that are not listed on the agenda. Member van Weezel moved to adopt proposed amendments to the CDB Rules of Procedure. The motion was duly seconded. Members Adelson, Barker, and van Weezel and Chair Coates voted "Aye "; Member Dame and Acting Member Funk voted "Nay." Motion carried. H. ADJOURNMENT The meeting adjourned at 3:43 p.m. Community Development 6/18/2013 • Chair Comm ity a opment Board 13 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM RST NAME - MIDDLE NAME NAME O OARD, COUNCIL, COMMISSION • T • -ITY, OR COMMITTEE MAILING ADDRESS 1 y 30 o S P e /� t / (_ THE BOARD, COUNCIL, COM ON, AUTHORITY OR CO ITTEE ON WHICH I SERVE IS A UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY %� /etr 1 /��n CO TY pintil4s / NAME OF POLITICAL SUBDIVISION: c /, ��� DATE ON WHICH VOTE OCCU , E 7/r//3 MY POSITION IS: ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B 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). , . 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. 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 8B - 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 , hereby disclose that on j/1 // ,20)3 : (a) A measure came or will come before my agency which (check one) 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 , by whom I am retained; or inured to the special gain or loss of , which 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: l-Up 2013 - 02001 p E 2013- -&\ 12as- pry v/i d eh ih�ef/i7/ o .r1 -7Lt sue- re ,4 f�/ Date Filed a// 3 Signature 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 8B - EFF. 1/2000 PAGE 2 LL } Clea Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for June 18, 2013 DATE: June 13, 2013 CDB packets being distributed contain the following Site investigation form Unapproved minutes of previous meeting May 21, 2013 Agenda Continued from the May 21, 2013 meeting: Items (Items 1 -3) 1. Case: FLD2013- 03010 -1498 Bellaire Road Planner Matt Jackson, Planner III Yes No 2. LUP2013 -02001 150 McMullen Booth Road Planner: Cate Lee, Planner III These were in last month's packet, please let me know if you need a copy I can email it to you. . REZ2013- 02001 -150 McMullen Booth Road Planner: Cate Lee< Planner III These were in last month's packet, please let me know if you need a copy I can email it to you. Level Two Applications (Items 1 -4) 1. Case: FLD2012-05011 — 425/441 East Shore Drive Planner: Mark Parry, Planner IH Yes No 2. Case: FLD2013- 04015— 430 South Gulfview Boulevard Planner: Mark Parry, Planner HI Yes x No 3. Case: FLD2013 -04016 —1403 North Fort Harrison Planner: Kevin Nurnberger, Planner III S:1Planning Deparbnenl\C D B1Agendas DRC & CDBICDB120/3106 June 201311 Cover MEMO 20 /3.doc 4. Case: FLD2013 -04014 —1835 N Highland Avenue Planner: Matt Jackson, Planner III Yes No Level Three Applications (Items 1 -5) 1. Case: TA2013- 05003- Amendments to the Community Development Code Planner: Gina Clayton, Assistant Planning and Development Director Yes No 2. Case: TA2013- 05004- Amendments to the Community Development Code Planner: Camilo A. Soto, Assistant City Attorney Yes No 3. Case: DVA2013-02001 — 650 Bay Esplanade Planner: Kevin Nurnberger, Planner III Yes No 4. Case: LUP2013 -04002 — 2200 and 2251 Montclair Road (Related to REZ2013- 04002) Planner: Cate Lee, Planner III Yes No 5. Case: REZ2013- 04002— 2200 and 2251 Montclair Road (Related to LUP2013- 04002) 6. Planner: Cate Lee, Planner III Yes No A. DIRECTOR'S ITEMS (Items 1 -2) 1. Post - Disaster Redevelopment Plan- Presenter: Cate Lee, AICP, Planner III I NEED THIS BACK PLEASE LEAVE YOUR COPY WERE YOU SIT ONCE THE MEETING IS COMPLETED. 2. Rules of Procedure, Article 4 Conduct of Meetings, Section 4 Order of Meeting: Change the order in which meetings are conducted: a. Level Three Applications re: Development Agreements re: Not on Consent b. Citizens to be heard re: Items Not on the Agenda." I have conducted a personal investigation on the personal site visit to the followinL properties. Signature: Date: 121e.HA7 ApEc�SaN PRINT NAME S: (Planning Department \C D BlAgendas DRC & CDBICDBI2013106 June 201311 Cover MEMO 2013.doc 4 Clearwater Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for June 18, 2013 DATE: June 13, 2013 CDB packets being distributed contain the following Site investigation form Unapproved minutes of previous meeting May 21, 2013 Agenda Continued from the May 21, 2013 meeting: Items (Items 1 -3) 1. Case: FLD2g13- 03010 -1498 Bellaire Road Planner Matt Jackson, Planner HI Yes _j,-., No 2. LUP2013 -0001 150 McMullen Booth Road Planner: Cate Lee, Planner III These were in Last month's packet, please let me know if you need a copy I can email it to you. 3. REZ2013- 02001 -150 McMullen Booth Road Planner: Cate Lee< Planner III These were in last month's packet, please let me know if you need a copy I can email it to you. Level Two Applications (Items 1 -4) 1. Case: FLD2012-05011 — 425/441 East Shore Drive Planner: Mark Parry, Planner III Yes No 2. Case: FLD2013- 04015— 430 South Gulfview Boulevard IH Yes No 3. Case: FLD2013 -04016 —1403 North Fort Harrison IH Yes No Planner: Mark Parry, Planner Planner: Kevin Nurnberger, Planner S:\Planning Deparnnent \C D BlAgendas DRC ce CDB\CDB'2013106 June 2013\1 Cover MEMO 2013.doc 4. Case: FLD2013 -04014 —1835 N Highland Avenue Planner: Matt Jackson, Planner III Level Three Applications (Items 1 -5) 1. Case: TA2013- 05003- Amendments to the Community Development Code Planner: Gina Clayton, Assistant Planning and Development Director Yes No 2. Case: TA2013- 05004- Amendments to the Community Development Code Planner: Camilo A. Soto, Assistant City Attorney Yes No 3. Case: DVA2013-02001 — 650 Bay Esplanade Planner: Kevin Nurnberger, Planner III Yes No 4. Case: LUP2013 -04002 — 2200 and 2251 Montclair Road (Related to REZ2013- 04002) Planner: Cate Lee, Planner III Yes No 5. Case: REZ2013- 04002— 2200 and 2251 Montclair Road (Related to LUP2013- 04002) 6. Planner: Cate Lee, Planner III Yes No A. DIRECTOR'S ITEMS (Items 1 -2) 1. Post - Disaster Redevelopment Plan- Presenter: Cate Lee, AICP, Planner III I NEED THIS BACK PLEASE LEAVE YOUR COPY WERE YOU SIT ONCE THE MEETING IS COMPLETED. 2. Rules of Procedure, Article 4 Conduct of Meetings, Section 4 Order of Meeting: Change the order in which meetings are conducted: a. Level Three Applications re: Development Agreements re: Not on Consent b. Citizens to be heard re: Items Not on the Agenda." I have conducted la personal investigation on the personal site visit to the following properties. Signature: Date: 14 112 c ( S PRINT NAME S: \Planning Departmen \C D BlAgendas DRC & CDB\CDB12013106 June 201311 Cover MEMO 2013.doc LL } Ckarwater U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for June 18, 2013 DATE: June 13, 2013 CDB packets being distributed contain the following Site investigation form Unapproved minutes of previous meeting May 21, 2013 Agenda Continued from the Mav 21, 2013 meeting: Items (Items 1 -3) 1. Case: FLD2013- 03010 -1498 Bellaire Road Yes No Planner Matt Jackson, Planner III 2. LUP2013 -02001 150 McMullen Booth Road Planner: Cate Lee, Planner III These were in last month's packet, please let me know if you need a copy I can email it to you. 3. REZ2013- 02001 -150 McMullen Booth Road Planner: Cate Lee< Planner III These were in last month's packet, please let me know if you need a copy I can email it to you. Level Two Applications (Items 1 -4) 1. Case: FLD2012-05011 — 425/441 East Shore Drive Planner: Mark Parry, Planner III Yes / No 2. Case: FLD2013- 04015— 430 South Gulfview Boulevard Planner: Mark Parry, Planner III Yes No 3. Case: FLD2013 -04016 —1403 North Fort Harrison Planner: Kevin Nurnberger, Planner III Yes No x S :1Planning DeparunenilC D BlAgendas DRC & CDBICDBI2013106 June 201311 Cover MEMO 2013.doc 4. Case: FLD2013 -04014 —1835 N Highland Avenue Planner: Matt Jackson, Planner III Yes x No Level Three Applications (Items 1 -5) 1. Case: TA2013- 05003- Amendments to the Community Development Code Planner: Gina Clayton, Assistant Planning and Development Director Yes No 2. Case: TA2013- 05004- Amendments to the Community Development Code Planner: Camilo A. Soto, Assistant City Attorney Yes No 3. Case: DVA2013-02001 — 650 Bay Esplanade Planner: Kevin Nurnberger, Planner III Yes No 4. Case: LUP2013 -04002 — 2200 and 2251 Montclair Road (Related to REZ2013- 04002) Planner: Cate Lee, Planner III Yes No 5. Case: REZ2013- 04002— 2200 and 2251 Montclair Road (Related to LUP2013- 04002) 6. Planner: Cate Lee, Planner III Yes No >(..- A. DIRECTOR'S ITEMS (Items 1 -2) 1. Post - Disaster Redevelopment Plan- Presenter: Cate Lee, AICP, Planner III I NEED THIS BACK PLEASE LEAVE YOUR COPY WERE YOU SIT ONCE THE MEETING IS COMPLETED. 2. Rules of Procedure, Article 4 Conduct of Meetings, Section 4 Order of Meeting: Change the order in which meetings are conducted: a. Level Three Applications re: Development Agreements re: Not on Consent b. Citizens to be heard re: Items Not on the Agenda." I have conducted a ersonal investi ! ation on e ersonal site visit to the following properties. Signature: Date: roan 3&rk er PRINT NAME S: (Planning DeparbnentIC D B\Agendas DRC & CDBICDBI2013106 June 201311 Cover MEMO 2013.doc • } Clear Water U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for June 18, 2013 DATE: June 13, 2013 CDB packets being distributed contain the following Site investigation form Unapproved minutes of previous meeting May 21, 2013 Agenda Continued from the May 21, 2013 meeting: Items (Items 1 -3) 1. Case: FLD203010 -1498 Bellaire Road Planner Matt Jackson, Planner III Yes 1 No 2. LUP2013 -02001 150 McMullen Booth Road Planner: Cate Lee, Planner III These were in last month's packet, please let me know if you need a copy I can email it to you. 3. REZ2013- 02001 -150 McMullen Booth Road Planner: Cate Lee< Planner III These were in last month's packet, please let me know if you need a copy I can email it to you. Level Two Applications (Items 1 -4) 1. Case: FLD2012-05011 - 425/441 East Shore Drive Planner: Mark Parry, Planner III Yes V No 2. Case: FLD2013- 04015- 430 South Gulfview Boulevard Planner: Mark Parry, Planner III 3. Case: FLD2013 -04016 -1403 North Fort Harrison Planner: Kevin Nurnberger, Planner III Yes w No S:\Planning Department\C D B'Agendas DRC & CDB\CDB12013106 June 2013 11 Cover MEA40 2013.doc \€) 4. Case: FLD201 - 4014 –1835 N Highland Avenue Planner: Matt Jackson, Planner III Yes No Level Three Applications (Items 1 -5) 1. Case: TA2013- 05003- Amendments to the Community Development Code Planner: Gina Clayton, Assistant Planning and Development Director Yes No 2. Case: TA2013- 05004- Amendments to the Community Development Code Planner: Camilo A. Soto, Assistant City Attorney Yes No 3. Case: DVA2013-02001 – 650 Bay Esplanade Planner: Kevin Nurnberger, Planner III Yes No 4. Case: LUP2013 -04002 – 2200 and 2251 Montclair Road (Related to REZ2013- 04002) Planner: Cate Lee, Planner III Yes No 5. Case: REZ2013- 04002– 2200 and 2251 Montclair Road (Related to LUP2013- 04002) 6. Planner: Cate Lee, Planner III Yes No A. DIRECTOR'S ITEMS (Items 1 -2) 1. Post - Disaster Redevelopment Plan- Presenter: Cate Lee, AICP, Planner III I NEED THIS BACK PLEASE LEAVE YOUR COPY WERE YOU SIT ONCE THE MEETING IS COMPLETED. 2. Rules of Procedure, Article 4 Conduct of Meetings, Section 4 Order of Meeting: Change the order in which meetings are conducted: a. Level Three Applications re: Development Agreements re: Not on Consent b. Citizens to be heard re: Items Not on the Agenda." I have conducted a (Ilona! i estigation i the personal site visit to the following properties. Signature: Date: % /17 / / 3 �D QA) I) o (J W t-e lO PRINT NAME S: /Planning Deparbnent\C D BlAgendas DRC & CDBICDB12013106 June 201311 Cover MEMO 2013.doc ° C le U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for June 18, 2013 DATE: June 13, 2013 CDB packets being distributed contain the following Site investigation form Unapproved minutes of previous meeting May 21, 2013 Agenda Continued from the May 21, 2013 meeting: Items (Items 1 -3) 1. Case: FLD2,�013- 03010 -1498 Bellaire Road Planner Matt Jackson, Planner III Yes �' No 2. LUP2013 -02001 150 McMullen Booth Road Planner: Cate Lee, Planner III These were in last month's packet, please let me know if you need a copy I can email it to you. 3. REZ2013- 02001 -150 McMullen Booth Road Planner: Cate Lee< Planner III These were in last month's packet, please let me know if you need a copy I can email it to you. Level Two Applications (Items 1 -4) 1. Case: FLD2012-05011 — 425/441 East Shore Drive Planner: Mark Parry, Planner III Yes No 2. Case: FLD2013- 04015— 430 South Gulfview Boulevard Planner: Mark Parry, Planner IH Yes k No 3. Case: FLD2013 -04016 —1403 North Fort Harrison Planner: Kevin Nurnberger, Planner III Yes No S:' \Planning Deparuneni\C D B1Agendas DRC & CDBICDBI2013106 June 201311 Cover MEdf0 2013.doc 4. Case: FLD2013 -04014 —1835 N Highland Avenue Planner: Matt Jackson, Planner III Yes No Level Three Applications (Items 1 -5) 1. Case: TA2013- 05003- Amendments to the Community Development Code Planner: Gina Clayton, Assistant Planning and Development Director Yes No x 2. Case: TA2013- 05004- Amendments to the Community Development Code Planner: Camilo A. Soto, Assistant City Attorney Yes No 3. Case: DVA2013-02001 — 650 Bay Esplanade Planner: Kevin Nurnberger, Planner III Yes No 4. Case: LUP2013 -04002 — 2200 and 2251 Montclair Road (Related to REZ2013- 04002) Planner: Cate Lee, Planner III Yes No 5. Case: REZ2013- 04002— 2200 and 2251 Montclair Road (Related to LUP2013- 04002) 6. Planner: Cate Lee, Planner III Yes No A. DIRECTOR'S ITEMS (Items 1 -2) 1. Post - Disaster Redevelopment Plan- Presenter: Cate Lee, AICP, Planner III I NEED THIS BACK PLEASE LEAVE YOUR COPY WERE YOU SIT ONCE THE MEETING IS COMPLETED. 2. Rules of Procedure, Article 4 Conduct of Meetings, Section 4 Order of Meeting: Change the order in which meetings are conducted: a. Level Three Applications re: Development Agreements re: Not on Consent b. Citizens to be heard re: Items Not on the Agenda." I have conducted a per onal inves lion on the personal site visit to the folioowinji properties. Signature: Date: 4,S-14... PRINT NAME S: \Planning Deparbnent\C D BlAgendas DRC & CDBICDB12013106 June 2013\1 Cover AfE;t1O 2013.doc