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09/17/2013 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 17, 2013 Chair Thomas Coates, Vice Chair Frank L. Dame, Member Brian A. Barker, Member Norma R. Carlough, Member Donald van Weezel, Acting Member John Funk Absent: Member Richard Adelson, Member Kurt B. Hinrichs Also Present: Attorney for the Board Jay Daigneault, Assistant City Attorney Leslie Dougall-Sides, Planning & Development Director Michael L. Delk, Planning & Development Assistant Director Gina Clayton, Development Review Manager Robert Tefft, 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. at City Hall, followed by the Invocation and Pledge of Allegiance. 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: August 20, 2013 Member Carlough moved to approve the minutes of the regular Community Development Board meeting of August 20, 2013, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. CITIZENS TO BE HEARD RE ITEMS NOT HEARD ON AGENDA: None E. 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: (Items 1-2) 1. Case: TA2013-08006 - Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater Request: Amendment to the Clearwater Community Development Code, Sections 5-202, 5-402, and 47.031, requiring new members of the Community Development Board, Municipal Code Enforcement Board, and Building/Flood Board of Adjustment and Appeals to be registered voters. Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Leslie Dougall-Sides, Assistant City Attorney Community Development 9/17/2013 1 For Staff Report TA2013-08006 see Agendas\Community Development Board\2010 s\2013\09/17/2013 See below for motion to recommend approval. 2. Case: TA2013-08007 - Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater Request: Amendment to the Clearwater Community Development Code Division 24, Public Art and Design Program to modify language to encourage private development projects to incorporate public artwork or donate monies into the City's Public Art Fund. Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Christopher Hubbard, Cultural Affairs Specialist For Staff Report TA2013-08007 see Agendas\Community Development Board\2010 s\2013\09/17/2013 Member Carlough moved to recommend approval of Cases TA2013-08006 and TA2013-08007 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 and carried unanimously. F. LEVEL TWO APPLICATION: (Item 1) 1. Case. FLD2013-06022 - 2600 & 2650 McCormick Drive Level Two Application Owner/Applicant: Heritage Insurance Holdings, LLC & Skye Lane Properties, LLC Agent: Sean P. Cashen, P.E, Leed AP & Robert Pergolizzi, AICP/PTP; Gulf Coast Consulting, Inc., 13825 Icot Boulevard, Suite 605 Clearwater, Florida 33701; phone: (727) 524-1818; email: scashen(agulfcoastconsultinginc.com) Location: The 12.376 acre subject property is located at the northeast corner of the McCormick Drive and Frontage Road intersection along US Highway 19 N. Atlas Page: 244A Existing Zoning: Office (0) District Request: Flexible Development application to allow an existing office use located at 2600 & 2650 McCormick Drive to expand the parking area from 523 parking spaces to 625 parking spaces in the Office (0) District with a lot area of 539,087 square-feet; a lot width of 1,281 feet (along McCormick Drive) and 328 feet (along Frontage Road/US Highway 19N); front (south) setbacks of 29.5 feet (to pavement) and 100 feet (Building #1); front (south) setback of 25 feet (to pavement) and 116.4 feet (to Building #2); front (west) setbacks of 10 feet (to Community Development 9/17/2013 2 pavement) and 158.5 feet (to Building #1); side (north) setbacks of 3 feet (to pavement) and 50.1 feet (Building #1); side (north) setback of 2.7 feet (to pavement) and 77 feet (to Building #2); side (east) setbacks of 82 feet (to pavement) and 392.1 feet (to Building #2); 625 parking spaces; building height of 38.5 feet (for Building #1 & Building #2); and a reduction from the required four loading spaces to two loading spaces, as a Comprehensive Infill Redevelopment Project, pursuant to the Community Development Code Section 2-1004.A, as well as a reduction to the perimeter landscape buffer along the west property line from 15 feet wide to 10 feet wide; a reduction to the perimeter landscape buffer along the north property line from 5 feet wide to 2.7 feet wide; a reduction to the width of the foundation landscape from 5 feet to zero feet; to allow 27 parking spaces in a row where 10 consecutive parking spaces are allowed; and allow 11 interior landscape islands with widths that range between 5.4 feet and 7.10 feet from back of curb to curb where interior islands should not be less than eight feet from back of curb to curb and 10 interior landscape islands with square-footage that range between 67.6 square-feet and 146.79 square-feet of greenspace where interior landscape islands should not be less than 150 square-feet of greenspace as a Comprehensive Landscape Program, pursuant to the Community Development Code Section 3-1202.G. Proposed Use: Office Use Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Kevin W. Nurnberger, Planner III For Staff Report FLD2013-06022 see Agendas\Community Development Board\2010 s\2013\09/17/2013 Sarah Kudelko Calabrese requested Party Status as representative for her parents, David and Cathy Kudelko, who were out of town. Member van Weezel moved to grant Sarah Calabrese Party Status. The motion was duly seconded and carried unanimously. Member van Weezel moved to accept Kevin Nurnberger as an expert witness in the fields of zoning, site plan analysis, planning in general, and code enforcement. The motion was duly seconded and carried unanimously. Planner III Kevin Nurnberger reviewed the Staff Report. Member Barker moved to accept Jennifer Shannon as an expert witness in the fields of land development, water resources, hydraulic engineering, civil and environmental engineering, and NPDES (National Pollutant Discharge Elimination System) permitting. The motion was duly seconded and carried unanimously. Community Development 9/17/2013 3 Professional Engineer Jennifer Shannon said proposed changes will not reroute stormwater runoff and should not affect offsite properties. Phase II will provide stormwater improvements; staff is working with the contractor to obtain necessary permits from SWFWMD (Southwest Florida Water Management District). Attorney Ed Armstrong, representing the applicant, said the project has the full support of Planning & Development and Economic Development department staff. He suggested nearby residents may be unfamiliar with the project. Member Dame moved to accept Robert Pergolizzi as an expert witness in the field of transportation planning and as a certified planner. The motion was duly seconded and carried unanimously. Robert Pergolizzi, representing the applicant, said he did not anticipate additional traffic as the buildings will not be enlarged. He reviewed the site, stating some parking spaces will be retrofitted; the majority of new spaces will be added to the west and north sides of the property. He said 13 spaces will be added to the rear of the property, near the large preservation area. He said the project will reduce the buffer between the rear parking lot and residences from 99 feet to 82 feet; the City requires 10 feet. Parking lot lighting will comply with Code. In response to questions, Mr. Pergolizzi said a condition of approval could reduce the number of hours parking lot lights remain lit. He said the small buffer along the Duke Energy right-of-way is an existing condition; new spaces will be located along that right- of-way, close to US 19N. He said the 25-foot buffer and trees along McCormick Drive will be maintained. He said the size of parking lot islands will be reduced and trees in the islands will be replaced with smaller varieties, altering the tree canopy. Party Status Sarah Calabrese said the project will remove the tree canopy enjoyed by residents, increase lighting, noise, and traffic, and will negatively impact their neighborhood. She submitted a petition signed by Centerview Court residents requesting denial of the application and expressing concerns the project will diminish their property values. She requested that the rear buffer remain unchanged. Attorney Armstrong said the subject site's professional offices operate during business hours. He said current occupancy is approximately 50%. He said additional parking spaces will not increase traffic. He said a disproportionate number of new spaces will be located on the east and north sides of the property, away from residences. He said the City's US 19 Corridor Redevelopment Plan encourages this type of project, which will attract high paying jobs to Clearwater. He said discussions with potential tenants are underway and project updates are essential to accommodating their needs. In response to a question, Development Review Manager Robert Tefft reviewed the City's tree policy. Community Development 9/17/2013 4 Assistant Economic Development & Housing Director Denise Sanderson reviewed plans by prospective tenants to provide a significant number of high paying jobs; proposals exceed City economic development goals for the site. Discussion ensued with comments that the property owner has acted sensitively by locating most new parking away from residences, the reduction to the buffer is minimal, and the economic impact of job creation planned for the site is worthwhile. Member Barker moved to approve Case FLD2013 -06022 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. G. ADJOURN The meeting adjourned at 1:45 p.m. Attest oard Repo oard Community Development 9/17/2013 5 LL _„...........„..„.......„ U w.......,........ 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 September 17, 2013 DATE: September 12, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting August 20, 2013 Agenda Level Two Applications (Items 1) 1. Case: FLD2013- 06022— 2600 and 2650 McCormick Drive Planner: Kevin Nurnberger, Planner III Yes No Level Three Applications (Item 1) 1. Case: TA2013 -08006 Ordinance No. 8478 -13 Amendments to the Community Development Code Prepared By: Leslie Dougall- Sides, Assistant City Attorney 2. Case TA2013 -08007 Ordinance No. 8481 -13 Amendments to the Community Development Code Prepared By: Christopher Hubbard, MA Cultural Affairs Specialist I have conducted a 'rso,, invest' Lion on the personal site visit to the following properties. ,, r Signature: ,....1-4----2.--<- Date: t / 1 /3 ':5-0 17 re-? ivrk PRINT NAME IIMs5 -a pds1Planning DepartmentlC D BkAgendas DRC & CDBICDB12013109 September 201311 Cover MEMO 2013.doc L ................... jeaater _............„......,.....w U ...._.s„......._.„.w 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 September 17, 2013 DATE: September 12, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting August 20, 2013 Agenda Level Two Applications (Items 1) 1. Case: FLD2013- 06022— 2600 and 2650 McCormick Drive Planner: Kevin Nurnberger, Planner III Yes No Level Three Applications (Item 1) 1. Case: TA2013 -08006 Ordinance No. 8478 -13 Amendments to the Community Development Code Prepared By: Leslie Dougall- Sides, Assistant City Attorney 2. Case TA2013 -08007 Ordinance No. 8481 -13 Amendments to the Community Development Code Prepared By: Christopher Hubbard, MA Cultural Affairs Specialist I have c ucte a perso al investigation on the personal site visit to the following properties. Signat : Date: k IIMs5 -0ds \Planning DepartmentlC D BlAgendas DRC & CDBICDBI2013109 September 201311 Cover MEMO 2013.doc 0 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 September 17, 2013 DATE: September 12, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting August 20, 2013 Agenda Level Two Applications (Items 1) 1. Case: FLD2013- 06022— 2600 and 2650 McCormick Drive Planner: Kevin Nurnberger, Planner III Yes No Level Three Applications (Item 1) 1. Case: TA2013 -08006 Ordinance No. 8478 -13 Amendments to the Community Development Code Prepared By: Leslie Dougall- Sides, Assistant City Attorney 2. Case TA2013 -08007 Ordinance No. 8481 -13 Amendments to the Community Development Code Prepared By: Christopher Hubbard, MA Cultural Affairs Specialist I have conducted Signatur estimation on the personal site visit to the following properties. Date: 14 7 rt.-474X �... r PRIN NAME IIMs5- alpds1Planning DepartmentlC D BlAgendas DRC & CDBICDBI2013109 September 201311 Cover MEMO 2013.doc Clearwater 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 September 17, 2013 DATE: September 12, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting August 20, 2013 Agenda Level Two Applications (Items 1) 1. Case: FLD2013- 06022— 2 ! 0 and 2650 McCormick Drive Planner: Kevin Nurnberger, ' lanner III Yes No Level Three Applications (Item 1) 1. Case: TA2013 -08006 Ordinance No. 8478 -13 Amendments to the Community Development Code Prepared By: Leslie Dougall- Sides, Assistant City Attorney 2. Case TA2013 -08007 Ordinance No. 8481 -13 Amendments to the Community Development Code Prepared By: Christopher Hubbard, MA Cultural Affairs Specialist I have conducted �b rsoftal itivesti at�,pn Qn the personal site visit to the followin' properties. Signature: PRINT NAME /' / Date: IIMs5 -alpds \Planning Department\C D B1Agendas DRC & CDBICDBI2013109 September 201311 Cover MEMO 2013.doc u_ jaater 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 September 17, 2013 DATE: September 12, 2013 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting August 20, 2013 Agenda Level Two Applications (Items 1) 1. Case: FLD2013- 06022— 2600 and 2650 McCormick Drive Planner: Kevin Nurnberger, Planner III Yes No Level Three Applications (Item 1) 1. Case: TA2013 -08006 Ordinance No. 8478 -13 Amendments to the Community Development Code Prepared By: Leslie Dougall- Sides, Assistant City Attorney 2. Case TA2013 -08007 Ordinance No. 8481 -13 Amendments to the Community Development Code Prepared By: Christopher Hubbard, MA Cultural Affairs Specialist I have conducte' : 'rsonal invest patio on the personal site visit to the following pr perties. Signature: Date: 1 f f / J PRINT NAME 11Ms5 -alpds \Planning Department\C D BlAgendas DRC & CDBICDB12013109 September 201311 Cover MEMO 2013.doc