11/19/2013 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
November 19, 2013
Vice Chair Frank L. Dame, Member Richard Adelson, Member Brian A. Barker, Member
Kurt B. Hinrichs, Member Norma R. Carlough, Member Donald van Weezel, Acting
Member John Funk
Absent: Chair Thomas Coates
Also Present: Attorney for the Board Jay Daigneault, 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. 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, Acting Member Funk, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 15, 2013
Member van Weezel moved to approve the minutes of the regular Community
Development Board meeting of October 15, 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. REQUEST TO CONTINUE ITEMS TO DECEMBER 17, 2013,: (Items 1-2)
1. Case: FLD2013-08028 - 691 S. Gulfview Boulevard Level Two Application
Owner: Enchantment, LLC
Agent: Ed Hooper (P.O. Box 4268, Clearwater, FL, 33756; phone: (727) 458-
4571; email: ehooper1(aaol.com)
Location: 1.377 acres at the southwest corner of Parkway Drive and South
Gulfview Boulevard
Atlas Page: 285A
Zoning: Tourist (T) and Open Space/Recreation (OS/R) Districts
Special Area Plan: Beach by Design (Clearwater Pass District)
Request: Flexible Development approval to permit a 202-room overnight
accommodation use (67 units from base density, 43 units obtained through a
Community Development 11/19/2013 1
Termination of Status of Non-conformity under FLD2005-06057/TDR2005-07023
and 92 rooms obtained from the Hotel Density Reserve under HDA2013-08001)
in the Tourist (T) District with a lot area of 1.377 acres (1.34 acres zoned T
District and 0.03 acres zoned Open Space/Recreation District), a lot width of
240.64 feet, a front (north) setback of 15.02 feet (to building), a side (east)
setback of 13.16 (to Balcony) and 15 feet (to building), a side (west) setback of
13.17 (to balcony) and 15.2 feet (to building), a rear (south) setback of 20 feet (to
building), a building height of 150 feet above Base Flood Elevation to top of roof
deck; 244 parking spaces at 1.2 parking spaces per hotel room; and approval of
a two year development order, as a Comprehensive Infill Redevelopment
Project, under the provisions of Section 2-803.D.
Proposed Use: Overnight Accommodations
Neighborhood Associations: Clearwater Beach Association; Clearwater
Neighborhoods Coalition
Presenter: Kevin W. Nurnberger, Planner III
Member Barker declared a conflict of interest.
Member van Weezel moved to continue Case: FLD2013-08028 to December 17, 2013.
The motion was duly seconded. Members Adelson, Hinrichs, Carlough, and van
Weezel, Acting Member Funk, and Vice Chair Dame voted "Aye." Member Barker
abstained. Motion carried.
2. Case. APP2013-00002 - 801 Bay Esplanade
Owner/Appellant: William Blackwood; 627 Bay Esplanade, Clearwater, FL 33767
Agent: Elizabeth J. Daniels, Esq., (911 Chestnut Street, Clearwater, FL 33756;
phone: (727)461-1818; email: bethd(aipfirm.com)
Location: 0.174 acre (0.149 acre upland, 0.025 acre submerged) at the northeast
corner of Bay Esplanade and Mango Street
Atlas Page: 249A
Zoning: Low Medium Density Residential (LMDR) District
Request: An Appeal of a Level One (Flexible Standard Development) decision
by the Community Development Coordinator who denied an application for
certain deviations to the dock requirements for the property located at 801 Bay
Esplanade, under the appeal provisions of Article 4 (Development Review and
Other Procedures), Division 5 (Appeals) of the Community Development Code
(Code).
Proposed Use: Dock as an accessory use for a single-family detached dwelling
Neighborhood Associations: Clearwater Beach Association; Clearwater
Neighborhoods Coalition
Presenter: Melissa Baker, Planner II
Member Carlough moved to continue Case: APP2013-0002 to December 17, 2013.
The motion was duly seconded and carried unanimously.
Community Development 11/19/2013 2
F. 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 1-6)
1. Case: FLD2013-08029 - 348 Coronado Drive Level Two Application
Owner: 348 Coronado, LLC.
Agent: Sarah Ferfoglia, John A Bodziak Architect (5530 1 st Avenue North, St.
Petersburg, FL, 33710; phone: (727) 420-8759; email: sarah12421(a)-iuno.com)
Location: 0.23 acre on the west side of Coronado Drive approximately 70 feet
north of 5th Street and 75 feet south of Brightwater Drive.
Atlas Page: 276A
Zoning: Tourist (T) District
Special Area Plan: Beach by Design (Beach Walk District)
Request: Flexible Development approval to permit a 3,220 square-foot Mixed
Use with 2,240 square-feet of office space and 980 square-feet dedicated to a
single dwelling unit in the Tourist (T) District with a lot area of 0.23 acres, a lot
width of 100 feet, a front (east) setback of 19 feet (to existing building), 3.4 feet
(to edge of existing deck) and 4.75 feet (to existing pavement), a side (north)
setback of 52 feet (to existing building) and 5.5 feet (to existing pavement), a
side (south) setback of three feet (to existing building) and zero feet (to existing
concrete pad) and 3.5 feet (to edge of existing deck), a rear (west) setback of
2.75 feet (to existing building), 4.75 feet (to existing pavement), a building height
of 22.5 feet above grade (nine feet above Based Flood Elevation) and 12 parking
spaces, under the provisions of Community Development Code (CDC) Section
2-803.0 and to reduce the amount of interior landscaping as based on the
amount of vehicular use space from 10 percent (434 square-feet) to eight
percent (339 square-feet) as part of a Comprehensive Landscape Program
under the provisions of CDC Section 3-1202.G.
Proposed Use: Mixed Use (2,240 square-feet Office, and one 980 square-foot
dwelling unit
Neighborhood Associations: Clearwater Beach Association; Clearwater
Neighborhoods Coalition
Presenter: Mark T. Parry, Planner III
For Staff Report FLD2013-08029 see Agendas\Community Development Board\2010
s\2013\11/19/2013
See below for motion of approval.
2. Case. FLD2013-09034 - 2430 Gulf-to-Bay Boulevard Level Two Application
Owner: Alan Rophie, Ralph Rophie, Cecilia Betech and Cheryl Cohen
Agent: Jason Kinney, Kinney Engineering (2573 34th Avenue North, Saint
Petersburg, FL 33716; phone: (727) 804-6922; email: iason(a�kinney-
Community Development 11/19/2013 3
engineering.com)
Location: 0.96 acre located at the northwest corner of Gulf-to-Bay Boulevard and
Kilmer Avenue
Atlas Page: 290B
Zoning: Commercial (C) District
Request: Flexible Development application to permit a 7,387 square-foot Retail
Sales and Services use in the Commercial (C) District with a lot area of 41,999
square-feet, lot widths of 150 feet (along Gulf-to-Bay Boulevard), 280.02 feet
(along Kilmer Avenue) and 150 feet (along Shelley Street), a building height of
21 feet (to top of flat roof), front (north) setbacks of 40 feet (to pavement) and
92.83 feet (to building), front (south) setbacks of 15 feet (to pavement) and 71.83
feet (to building), front (east) setbacks of 10 feet (to pavement) and 75.5 (to
building), side (west) setbacks of 10 feet (to pavement), 10 feet (to building) and
11 feet (to dumpster pad) and 37 off-street parking spaces, as a Comprehensive
Infill Redevelopment Project, pursuant to Community Development Code (CDC)
Section 2-704.E. along with the elimination of a portion of the required
foundation plantings along the front (south) fapade of the building and the
elimination of the required foundation plantings along the front (east) fapade of
the building as part of a Comprehensive Landscape Program pursuant to CDC
Section 3-1202.G.
Proposed Use: Retail Sales and Services
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Matt Jackson, Planner III
For Staff Report FLD2013-09034 see Agendas\Community Development Board\2010
s\2013\11/19/2013
See below for motion of approval.
3. Case. FLD2013-09032 - 1608 Gulf-to-Bay Boulevard Level Two Application
Owner: Sam C. Liu & Judy Y. Liu
Agent: Eric Eqozi (3467 Woodridge Parkway, Palm Harbor, FL 34684; phone.
(727) 517-5999; email: egozimisc(agmail.com)
Location: 0.747 acre on the north side of Gulf-to-Bay Boulevard approximately
69 feet west of S. Lake Drive
Atlas Page: 288B
Zoning: Commercial (C) and Low Medium Density Residential (LMDR) Districts
Request: Flexible Development application to allow a (1) Medical Clinic in a
5,350 square-foot building at 1608 Gulf-to-Bay Boulevard (Parcel #14-29-15-
49716-000-0050) in the Commercial District with a lot area of 0.30 acre 0 3,074
square-feet); a lot width of 101.30 feet (along Gulf-to-Bay Boulevard); a front
setback (south) of 16 feet (to building); side (east) setbacks of 2 feet (to canopy),
3 feet (to pavement), and 24 feet (to building); side (west) setbacks of 2 feet (to
structure) and 5 feet (to building); rear setbacks of zero feet (to canopy) and 23
Community Development 11/19/2013 4
feet (to building); and a building height of 30 feet (to mid-point of pitched roof), as
a Comprehensive Infill Redevelopment Project pursuant to Section 2-704.E ; and
(2) a non-residential parking lot in the Low Medium Density Residential (LMDR)
District (Parcel 14-29-15-49716-000-0010) with a lot area of 0.44 acre (19,484
square-feet); a lot width of 70.2 feet (along South Lake Drive) and 71 feet (along
Yelvington Avenue); a front (west) setback of 15.3 feet (to pavement); a front
(east) setback of 70 feet (to pavement); a side (north) setback of 5 feet (to
pavement) and a side (south) setback of zero feet (to canopy structure); and 28
non-residential parking spaces as a Residential Infill Project pursuant to Section
2-204.E. as well as a reduction to the east side perimeter landscape buffer from
5 feet wide to 2 feet wide; a reduction to the west side perimeter landscape
buffer from 5 feet wide to 2 feet wide; a reduction to the north side perimeter
landscape buffer from 10 feet wide to 5 feet wide; and a reduction of the rear
(north) perimeter landscape buffer from 5 feet wide to zero feet; and the use of
33 accent and palm trees in lieu of 20 shade trees as a Comprehensive
Landscape Program pursuant to Section 3-1402.G.
Proposed Use: Medical Clinic
Neighborhood Associations: Clearwater Neighborhoods Coalition; Skycrest
Neighborhood Association
Presenter: Kevin W. Nurnberger, Planner III
For Staff Report FLD2013-09032 see Agendas\Community Development Board\2010
s\2013\11/19/2013
For Revision to Condition of Approval #6 see EXHIBIT: Memorandum FLD2013-09032
2013-11-19
See below for motion of approval.
4. Case. FLD2013-08030 - 411 Mandalay Avenue Level Two Application
Owner: Harriet J. Tre Carratt: Kaliope Trust C/O Peter D. Carratt
Agent: Jon Baines, American Road Group (3770 37th Street, Orlando, FL 32805;
phone: (707) 423-0346 ext. 2002; email: ibaines(o)american road.biz)
Location: 0.06 acre on the east side of Mandalay Avenue approximately 425 feet
north of the Causeway roundabout
Atlas Page: 267A
Zoning: Tourist (T) District
Request: Flexible Development application to allow a Retail Sales and Service
use in a new 1,650 square-foot building in the Tourist (T) District with a lot area
of 0.06 acre (2,705 square-feet); a lot width of 25 feet; a front (west) setback of
zero feet (to building); a side (north) setback of 1.5 feet (to building); a side
(south) setback of 1.5 feet (to building); and rear (east) setbacks of zero feet (to
concrete), 4.2 feet (to chain link fence), 26 feet (to stairs), and 30.5 feet (to
building); a building height of 17 feet (to flat roof) as a Comprehensive Infill
Redevelopment Project pursuant to Community Development Code Section 2-
Community Development 11/19/2013 5
803.D as well as a reduction to the required foundation landscaping area width
from five feet to zero feet as a part of a Comprehensive Landscape Program
pursuant to Community Development Code Section 3-1202.G.
Proposed Use: Retail Sales and Services
Neighborhood Associations: Clearwater Neighborhoods Coalition; Clearwater
Beach Association
Presenter: Kevin W. Nurnberger, Planner III
For Staff Report FLD2013-08030 see Agendas\Community Development Board\2010
s\2013\11/19/2013.
For Revision to Condition of Approval #7 see EXHIBIT: Memorandum FLD2013-08030
2013-11-19
Member van Weezel moved to approve Cases FLD2013-08029, FLD2013-09034,
FLD2013-09032, and FLD2013-08030 on today's Consent Agenda based on evidence
in the record, including the application(s) and the Staff Report(s), and hereby adopt the
Findings of Fact and Conclusions of Law stated in the Staff Report(s), with conditions of
approval as listed. The motion was duly seconded and carried unanimously.
5. PULLED FROM CONSENT AGENDA
Case: Amendments to Beach By Design Level Three Application
Applicant: City of Clearwater
See Below
6. PULLED FROM CONSENT AGENDA
Case: TA2013-10009 - Amendments to the Community Development Code
Level Three Application
Applicant: City of Clearwater
See Below
5. Case: Amendments to Beach By Design Level Three Application
Applicant: City of Clearwater
Request: Amendments to Beach by Design expanding the eligibility criteria for
developments seeking rooms from the Hotel Density Reserve, establishing
minimum side setbacks in the Small Motel District and requiring certain existing
front setback and stepback requirements for hotels along Coronado Drive to also
apply to properties with frontage on Hamden Drive.
Neighborhood Association: Clearwater Beach Association; Clearwater
Neighborhoods Coalition
Presenter: Gina L. Clayton, Assistant Planning and Development Director
Community Development 11/19/2013 6
For Staff Report for Amendments to Beach by Design see Agendas\Community
Development Board\2010 s\2013\11/19/2013
Assistant Planning and Development Director Gina Clayton reviewed the Staff Report.
In response to questions, she said the City could not regulate property ownership.
Requiring that hotel rooms remain open to the public on a daily basis and prohibiting full
kitchens focus on the operational characteristics of a hotel and encourage guests to
patronize local businesses. Graphics in the Ordinance were being replaced to better
convey step back requirements. The City Council requested that amended guidelines
extend down Hamden Drive. An architectural firm provided numerous design solutions
for developing small Hamden Drive properties. The City does not require Hamden
Drive lots to be unified for development. Some Coronado Drive lots are similarly small.
Member Hinrichs moved to recommend approval of Case Amendments to Beach by
Design 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.
6. Case: TA2013-10009 - Amendments to the Community Development Code
Level Three Application
Applicant: City of Clearwater
Request: Amendments to the Clearwater Community Development Code
revising footnotes to Tourist (D) District Tables 2-802 and 2-803 regarding the
applicability of use, height and setback standards set forth in Beach by Design.
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Gina L. Clayton, Assistant Planning and Development Director
For Staff Report TA2013-10009 see Agendas\Community Development Board\2010
s\2013\11/19/2013
Assistant Planning and Development Director Gina Clayton reviewed the Staff Report.
Setbacks and step backs apply to Coronado and Hamden drives. This item was related
to Item F5.
Member Carlough moved to recommend approval of Case TA2013-10009 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. LEVEL TWO APPLICATIONS (Items 1)
1. Case. FLD2013-09031 - 880 Mandalay Avenue Level Two Application
Owner: Regatta Beach Club Condominium Association, Incorporated
Community Development 11/19/2013 7
Agent: Jerry Panagrossi, Property Manager, Regatta Beach Club (880 Mandalay
Avenue, Clearwater, FL 33767; phone: (727) 446-3700; email-
0
anagrossi(a)resourcepropertymgmt.com)
Location: 3.4 acres located on the west side of Mandalay Avenue directly west of
the intersection of Mandalay Avenue and Kipling Plaza
Atlas Page: 238A
Zoning: High Density Residential (HDR) District
Request: Flexible Development application to (1) Termination of Status of
Nonconformity for accessory structures (carports) location in front of a principal
structure pursuant to Community Development Code (CDC) Section 6-109; (2) a
reduction to the front (north, south and east) perimeter landscape buffer from 15
feet to zero feet, a reduction of the required interior parking island area from 150
to 80.15 square-feet, a reduction in the square-feet of interior landscaping from
14,981 to 12,425, an increase the number of parking spaces in a row from 10 to
21, a reduction in the number of required interior trees and a reduction to the
required width of interior islands from eight to five feet, as part of a
Comprehensive Landscape Program pursuant to CDC Section 3-1202.G.
Proposed Use: Attached Dwellings
Neighborhood Associations: Clearwater Neighborhoods Coalition; Clearwater
Beach Association
Presenter: Matt Jackson, Planner III
For Staff Report FLD2013-09031 see Agendas\Community Development Board\2010
s\2013\11/19/2013
Acting Member Funk moved to accept Matthew Jackson as an expert witness in the
fields of zoning, site plan analysis, planning in general, and landscape ordinance. The
motion was duly seconded and carried unanimously.
Les Tindell requested Party Status.
Acting Member Funk moved to grant Les Tindell Party Status. The motion was duly
seconded and carried unanimously.
Planner III Matt Jackson reviewed the Staff Report. One condition of approval requires
the Regatta Beach Club to maintain the right-of-way in its current condition. No major
changes will be made to the carports.
Property Manager Jerry Panagrossi said replacing the dilapidated carports would
enhance the property. He reviewed plans for expanded landscaping.
Party Status Holder Les Tindall opposed the request. He said the carports have not
been maintained since 2004. He said City staff first stated that the carports could not
be replaced. He said the Board of Directors approved the expenditure to replace the
Community Development 11/19/2013 8
carports, however, State law requires that 75% of owners approve common area
projects.
One resident opposed the request.
Mr. Jackson said originally staff did not think it would be possible to replace a non
conforming use. He said Termination of Status is rarely used but came to light as a
path to replace the rundown carports.
Party Status Holder Tindall said the request does not meet Code as there will not be a
perimeter buffer. He expressed concern that lasers on property access gates damage
the eyes of drivers and pedestrians.
Mr. Panagrossi said management had done all possible to repair the carports; 7
collapsed during inclement weather last year. He said the carports will meet Code and
new wind load standards. He said standard entrance gates use lasers to scan bar
codes; he said there was no proof that the lasers harmed anyone.
Acting Member Funk moved to approve Case FLD2013-09031 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.
H. CONSIDERATION OF APPEALS (Items 1):
1. Case: APP2013-00003 - 880/900 North Osceola Avenue
Owner/Appellant: David McComas; Clearwater Basin Marina, LLC.
Agent: Todd Pressman (P.O. Box 6015, Palm Harbor, FL, 34684; phone: (727)
804-1760; email: Pressman inc(o)aol.com)
Location: 5.10 acres (3.55 acres upland and 1.55 acres submerged) on the west
side of North Osceola Avenue at the terminus of Nicholson Street, approximately
500 feet north of Seminole Street
Atlas Page: 277B
Zoning: Downtown (D) and Preservation (P) Districts
Special Area Plan: Clearwater Downtown Redevelopment Plan (Old Bay
Character District)
Request: An appeal of an administrative interpretation of Community
Development Code (CDC) Section 4-202.G which provides that no application
shall be accepted during the following time periods after the denial of a
substantially similar application affecting the same property or any portion
thereof for nine months from the date of denial.
Proposed Use: Marina (80 wet slips and 188 dry slips); retail/office (1,000
square-feet)
Community Development 11/19/2013 9
Neighborhood Associations: Clearwater Neighborhoods Coalition; Old
Clearwater Bay Neighborhood Association
Presenter: Mark T. Parry, Planner III
For Staff Report APP2013-00003 see Agendas\Community Development Board\2010
s\2013\11/19/2013
Acting Member Funk 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 planning code amendments,
landscape ordinance, and special area plans/overlay districts. The motion was duly
seconded and carried unanimously.
The Vice-Chair reviewed Code appeal requirements.
Planner III Mark Parry reviewed the Staff Report. In response to a question, he said the
submittal is substantially similar to the application denied by the CDB in July, even if the
number of berths was reduced.
Todd Pressman, representing the Owner/Appellant, said extensive changes were made
to the application; the structure's character is different and large public spaces were
added. He said in response to neighbor concerns, all activity was relocated to the
building's west end, interior insulation was added, rules for quiet forklifts were adopted,
88 parking spaces were added, the dumpster was moved away from a residence, and
the number of berths was reduced from 200 to 168. He said the list of prohibited uses
in the Old Bay District does not include high and dry marinas. He said the MAB (Marine
Advisory Board) had recommended approval of a high and dry marina on this site. He
said downtown development goals included recreational uses. He said the decision will
be in harmony with the general intent and purpose of the development code and will not
be detrimental to the public health, safety and general welfare.
Joe Gaynor, attorney representing the Owner/Appellant, said the applicant met with
neighboring residents to design a high and dry marina that was compatible with their
concerns. He said the proposal meets State guidelines for a closed high and dry
marina and fits in with the Seminole Boat Ramp use. He said the project is good for
downtown development and noted the CDB had expressed support for this type of
facility. He said the application would meet criteria if the overlay district line was moved
or district requirements were amended. He noted residential development had failed on
this site. He said the applicant was seeking all viable alternatives to construct a
successful development for the business and community.
Planning and Development Director Michael Delk reviewed the Code, stating the
process outlined in the Code was important. The MAB does not have a codified role to
Community Development 11/19/2013 10
implement Code. He said adjustments to the site plan did not make the application
substantially different from the original proposal.
In response to comments related to a working waterfront, Seminole Boat Ramp, and
neighbor remarks, Attorney for the Board Jay Daigneault said the CDB was tasked with
determining if the new application was substantially similar to the original proposal, not
with approving the application.
Mr. Pressman said the application was substantially changed as it altered the
development's character and reduced its intensity. He said this appeal would allow the
new application to move forward in December, rather than waiting until April 2014. He
said the neighbors would be in attendance today if they objected to the proposal.
Discussion ensued. It was noted that some board members did not oppose a high and
dry marina on this site as long as the developer worked with neighbors on a scaled
down design supported by the neighbors. Comments were made that the application
was not substantially different from the proposal considered in July and that the new
plan reduced the size of the facility by approximately 16 %. Regret was expressed that
the public was not present to address the board. It was felt that a high and dry marina
does not seem to fit in this transitional zone. It was noted that the CDB had approved
the marina with a condition of approval that a high and dry marina not be built onsite.
Acting Member Funk moved to deny the appeal, Case APP2013- 00003, and affirm the
Staff's development order denying the application based on the evidence and testimony
presented in the application, the Staff Report and at today's hearing, and hereby adopt
the Staff's Findings of Fact and Conclusions of Law stated in the Staff Report. The
motion was duly seconded. Members Adelson, Barker, and van Weezel, Acting
Member John Funk, and Vice Chair Dame voted "Aye "; Members Hinrichs and Carlough
voted "Nay." Motion carried.
I. ADJOURNMENT
The meeting adjourned at 2:43 p.m.
Community Development 11/19/2013
Chair
Co
opment Board
11
EXHIBIT: MEMORANDUM FLD2013-nRn_*in gnv i_1 1 _1 A
0
X
Clearwater
To: Community Development Board Members
From: Kevin W. Nurnberger, Planner III
Date: November 18, 2013
RE: FLD2013-08030 —411 Mandalay Avenue
Staff had a discussion with the Engineering Department regarding the proposed height of the
chainlink fence around the dry pond. The Engineering Department has stated that a four-foot
high chainlink fence clad in green or black vinyl is equally adequate to maintain the dry pond as
a proposed six-foot high chainlink fence. The lower height of the fence will be less visible from
the street (Poinsettia Ave.) and to surrounding properties. For this reason, Staff has revised the
following condition of approval based upon the discussion with the Engineering Department. If
you have any questions, please contact me at 562-4567 ext. 2502.
7. That a permit is obtained for a four-foot high chainlink fence around the perimeter of the
dry pond, and that it be clad with green or black vinyl and landscape consistent with
Code requirements.
EXHIBIT: MEMORANDUM FLD2013-09032 2013-11-19
MEMORANDUM
TO: Community Development Board Members
FROM: Kevin W. Nurnberger, Planner III
RE: Revise Condition of Approval
FLD2013- 09032 -1608 Gulf to Bay Boulevard
DATE: November 19, 2013
In the staff report, Condition of Approval 46, the staff required that the applicant provide a three
foot high wall along the south side of the property that consists of parking area to screen the
vehicles form adjacent properties and that landscaping be provided on the external side of the
wall. The applicant prefers that the landscaping be provided on the internal side of the wall for
maintenance purposes which staff has no objection to the change. Staff recommends that
Condition of Approval 46 be revised to state the following:
6. That prior to any building permit, the site plan shall show that a wall or fence at least three feet
in height along the south property line with landscaping to be on the internal side of the wall or
fence
S:IpsullivalCDB-Community DevelopmentlExhibitMemorandtim FLD2013-09032 2013-11-19a.docx
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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)
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
I, 13K C C. k-'. }' %C Cr- , hereby disclose that on
7//3
, 20
(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 b .e, ( /4-,S,S() G /C4 %-C' S , which
is the parent organization or subsidiary of a principal .,,,,6:,- ,et inee-„re. l✓N, ,4 _ A, eip/p yE'
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Date Filed
///7//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
•
_ .rwa e r
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 November 19, 2013
DATE: November 14, 2013
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting October 15, 2013
Agenda
Level Two Applications (Items 1 -6)
1. Case: D2013 -09034 — 2430 Gulf to Bay Boulevard
Planner: att Jackson, Planner III
Yes No
2. Case: FLD2013 -09031 — 880 Man alay Avenue
Planner: Matt Jackson, Planner
Yes No
3. Case: FLD2013 -08030 — 411 dalay Avenue
Planner: Kevin W. Nurnberger, tanner III
Yes No
4. Case: D2013 -09032 — 1608 Gulf to Bay Boulevard
Planner: vin W. Nurnberger, Planner III
Yes No
5. Case: FLD2013 -08028 — 691 S. Gulfview Boulevard
Planner: Kevin W. Nurnberger, Planner III
Yes No
6. Case: FLD2013 -08029 — 348 Coron o Drive
Planner: Mark Parry, Planner III
Yes No
c�
S: (Planning Department\C D BlAgendas DRC & CDBICDBI2013111 November 201311 Cover MEMO 2013.doc
Level Three Applications (Item 1 -2)
1. Case: Amendments to the Beach By Design
Presenter: Gina L. Clayton, Assistant Planning and Development Director
2. Case: TA2013 -10009 — Amendments to the Community Development Code
Presenter: Gina L. Clayton, Assistant Planning and Development Director
Consideration of Appeals (Items 1 -2):
1. Case: APP2013 -00003 — 880/900 North Osceola Avenue
-C4 Planner: ark Parry, Planner III 6i `O
Yes
No
2. Case: APP2013 -00002 — 801 Bay Esplanade
Planner: Melissa Baker, Planner II
Yes No
I have conducte per,
1&?
Signature:
sti2at on the personal site visit to the i' r 4g properties.
Date: l I ' (3
24-40 o (2 G
PRINT NAME
S:\Planning Department\C D BlAgendas DRC & CDBICDB12013111 November 201311 Cover MEMO 2013.doc
arwater
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 November 19, 2013
DATE: November 14, 2013
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting October 15, 2013
Agenda
Level Two Applications (Items 1 -6)
V 1. Case: FLD2013 -09034 — 2430 Gulf to Bay Boulevard
Planner: Matt Jackson, Planner III
Yes No
\i 2
N 3.
Case: FLD2013- 09031— 880 Mandalay Avenue
Planner: Matt Jackson, Planner III
Yes No
Case: FLD2013 -08030 — 411 Mandalay Avenue
Planner: Kevin W. Nurnberger, Planner III
Yes No
NI 4. Case: FLD2013 -09032 —1608 Gulf to Bay Boulevard
Planner: Kevin W. Nurnberger, Planner III
Yes X No
Case: FLD2013 -08028 — 691 S. Gulfview Boulevard
Planner: Kevin W. Nurnberger, Planner III
Yes ...)( No
6. Case: FLD2013 -08029 — 348 Coronado Drive
Planner: Mark Parry, Planner III
Yes No
S: (Planning DepartmentlC D BlAgendas DRC & CDBICDBI2013111 November 201311 Cover MEMO 2013.doc
Level Three Applications (Item 1 -2)
1. Case: Amendments to the Beach By Design
Presenter: Gina L. Clayton, Assistant Planning and Development Director
\ , 2. Case: TA2013 -10009 — Amendments to the Community Development Code
Presenter: Gina L. Clayton, Assistant Planning and Development Director
Consideration of Appeals (Items 1 -2):
N 1. Case: APP2013 -00003 — 880/900 North Osceola Avenue
Planner: Mark Parry, Planner III
Yes No
2. Case: APP2013 -00002 — 801 Bay Esplanade
Planner: Melissa Baker, Planner II
Yes \c No
I have conducted a personal investigation on the personal site visit to the following properties.
Date: 11 ' 13
Signature:
9- tiD4112 At26 Ql`'
PRINT NAME
S: (Planning Department1C D BlAgendas DRC & CDBICDBI2013111 November 201311 Cover MEMO 2013.doc
arwater
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 November 19, 2013
DATE: November 14, 2013
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting October 15, 2013
Agenda
Level Two Applications (Items 1 -6)
Case: FLD2013 -09034 — 2430 Gulf to Bay Boulevard
Planner: Matt J on, Planner III
Yes No
12(— Case: FLD2013- 09031— 880 Mandalay Avenue
Planner: Ma ackson, Planner III
Yes 1 ! No
3. Case: FLD2013 -08030 — 411 Mandalay Avenue
Planner: a in W. Nurnberger, Planner III
Yes No
4. Case: FLD2013 -09032 —1608 Gulf to Bay Boulevard
Planner: Kfv. W. Nurnberger, Planner III
Yes (V No
5. Case: FLD2013 -08028 — 691 S. Gulfview Boulevard
Planner: Ke q W. Nurnberger, Planner III
Yes / No
6. Case: FLD201 -08029 — 348 Coronado Drive
Planner: M Parry, Planner III
Yes No
S:1Planning Department\C D BlAgendas DRC & CDBICDBI2013111 November 201311 Cover MEMO 2013.doc
Level Three Applications (Item 1 -2)
1. Case: Amendments to the Beach By Design
Presenter: Gina L. Clayton, Assistant Planning and Development Director
2. Case: TA2013 -10009 — Amendments to the Community Development Code
Presenter: Gina L. Clayton, Assistant Planning and Development Director
Consideration of Appeals (Items 1 -2):
1. Case: APP2013 -00003 — 880/900 North Osceola Avenue
Planner: Mark Parry, Planner III
Yes No
. Case: APP2013 -00002 — 801 Bay Esplanade
Planner: Melissa Baker, Planner II
Yes No
I have conducted a personal investigation on the personal site visit to the following properties.
Signature:
zrz w fu) /c.
PRINT NAME
Date: 101,//
S:\Planning Department\C D B\Agendas DRC & CDBICDB12013111 November 201311 Cover MEMO 2013.doc
LL
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 November 19, 2013
DATE: November 14, 2013
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting October 15, 2013
Agenda
Level Two Applications (Items 1 -6)
1. Case: FLD2013 -09034 — 2430 Gulf to Bay Boulevard
Planner: Matt Jackson, Planner III
Yes No
2. Case: FLD2013 -09031 — 880 Mandalay Avenue
Planner: Matt Jackson, Planner III
Yes No
3. Case: FLD2013 -08030 — 411 Mandalay Avenue
Planner: Kevin W. Nurnberger, Planner III
Yes No
4. Case: FLD2013 -09032 — 1608 Gulf to Bay Boulevard
Planner: Kev n W. Nurnberger, Planner III
Yes No
5. Case: FLD2013 -08028 — 691 S. Gulfview Boulevard
Planner: K W. Nurnberger, Planner III
Yes No
6. Case: FLD2013 -08029 — 348 Coronado Drive
Planner:arry, Planner III
Yes No
S: (Planning DepartmentlC D BlAgendas DRC & CDBICDB12013 11 November 201311 Cover MEMO 2013.doc
Level Three Applications (Item 1 -2)
1. Case: Amendments to the Beach By Design
Presenter: Gina L. Clayton, Assistant Planning and Development Director
2. Case: TA2013 -10009 — Amendments to the Community Development Code
Presenter: Gina L. Clayton, Assistant Planning and Development Director
Consideration of Appeals (Items 1 -2):
1. Case: APP2013 -00003 — 880/900 North Osceola Avenue
Planner: Mark Parry, Planner III
Yes
x
No
2. Case: APP2013 -00002 — 801 Bay Esplanade
Planner: Melissa Baker, Planner L� j
Yes No
I have conducted a personal 1
Signature:
ation on the personal site visit to the following properties.
Date: /!
rie4st_oi,k
PRINT NAME
S:\Planning Department\C D BlAgendas DRC & CDBICDBI2013111 November 201311 Cover MEMO 2013.doc
L..,, ater
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 November 19, 2013
DATE: November 14, 2013
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting October 15, 2013
Agenda
Level Two Applications (Items 1 -6)
1. Case: FLD2013 -09034 — 2430 Gulf to Bay Boulevard
Planner: Matt Ja on, Planner III
Yes !�,%' No
2. Case: FLD2013 -09031 — 880 Mandalay Avenue
Planner: Matt ckson, Planner III
Yes l/ No
3. Case: FLD2013 -08030 — 411 Mandalay Avenue
Planner: Kevin W. Nurnberger, Planner III
Yes No
4. Case: FLD2013 -09032 — 1608 Gulf to Bay Boulevard
Planner: Kevin . Nurnberger, Planner III
Yes No
5. Case: FLD2013 -08028 — 691 S. Gulfview Boulevard
Planner: Kevin W. Nurnberger, Planner III N,
Yes No
6. Case: FLD2013 -08029 — 348 Coronado Drive
Planner: Mark P,atry, Planner III
Yes �/ No
S:\Planning Department\C D B\Agendas DRC & CDBICDB12013111 November 201311 Cover MEMO 2013.doc
Level Three Applications (Item 1 -2)
1. Case: Amendments to the Beach By Design
Presenter: Gina L. Clayton, Assistant Planning and Development Director
2. Case: TA2013 -10009 — Amendments to the Community Development Code
Presenter: Gina L. Clayton, Assistant Planning and Development Director
Consideration of Appeals (Items 1 -2):
1. Case: APP2013 -00003 — 880/900 North Osceola Avenue
Planner: Mark Parry, Planner III
Yes (_„../ No
2. Case: APP2013 -00002 — 801 Bay Esplanade
Planner: Melissa Baker, Planner II c G w �%
Yes No
I have conducted a sonal invest, - # ion on the personal site visit to the following properties.
Signature: Date: l 1%
g t� / J 3
PRINT NAME
S:\Planning Department\C D BlAgendas DRC & CDBICDBI2013111 November 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 November 19, 2013
DATE: November 14, 2013
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting October 15, 2013
Agenda
Level Two Applications (Items 1 -6)
1. Case: FLD2013 -09034 — 2430 Gulf to Bay Boulevard
Planner: Matt Jackson, Planner III
Yes No
2. Case: FLD2013- 09031— 880 Mandalay Avenue
Planner: Matt Jackson, Planner III
Yes No
3. Case: FLD2013 -08030 — 411 Mandalay Avenue
Planner: Kevin W. Nurnberger, Planner III
Yes No
4. Case: FLD2013 -09032 —1608 Gulf to Bay Boulevard
Planner: Kevin W. Nurnberger, Planner III
Yes X No
5. Case: FLD2013 -08028 — 691 S. Gulfview Boulevard
Planner: Kevin W. Nurnberger, Planner III
Yes x No
6. Case: FLD2013 -08029 — 348 Coronado Drive
Planner: Mark Parry, Planner III
Yes No
S: (Planning DepartmentlC D BlAgendas DRC & CDBICDB12013111 November 201311 Cover MEMO 2013.doc
Level Three Applications (Item 1 -2)
1. Case: Amendments to the Beach By Design
Presenter: Gina L. Clayton, Assistant Planning and Development Director
2. Case: TA2013 -10009 — Amendments to the Community Development Code
Presenter: Gina L. Clayton, Assistant Planning and Development Director
Consideration of Appeals (Items 1 -2):
1. Case: APP2013 -00003 — 880/900 North Osceola Avenue
Planner: Mark Parry, Planner III
Yes
No
2. Case: APP2013 -00002 — 801 Bay Esplanade
Planner: Melissa Baker, Planner II
Yes / No
I have conducted a personal investigation on the personal site visit to the following properties.
Signature:
PRINT NAME
(l1n farKo-
Date:
S:1Planning Department\C D BIAgendas DRC & CDBICDBI2013111 November 201311 Cover MEMO 2013.doc