04/15/2014 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
April 15, 2014
Present: Vice Chair Frank L. Dame, Board Member Norma R. Carlough, Board Member
Richard Adelson, Board Member Brian A. Barker, Board Member Kurt B. Hinrichs,
Board Member Donald van Weezel, Board Member Michael Boutzoukas, Alternate
Board Member John Funk
Also Present: Jay Daigneault - Attorney for the Board, Leslie Dougall-Sides - Assistant
City Attorney, Michael L. Delk - Planning & Development Director, Robert Tefft -
Development Review Manager, Patricia O. Sullivan - Board Reporter
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: Vice Chair Dame, Members Adelson, Barker, Boutzoukas,
Carlough, Hinrichs, van Weezel, Alternate Member Funk, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: March 18, 2014
Member van Weezel moved to approve the minutes of the regular Community
Development Board meeting of March 18, 2014, as recorded and submitted in written
summation to each board member. The motion was duly seconded and carried
unanimously. Alternate Member Funk did not vote.
D. ELECTION OF OFFICERS: Chair and Vice Chair
Member Hinrichs moved to appoint Frank Dame as Chair. The motion was duly
seconded and carried unanimously. Alternate Member Funk did not vote.
Member Hinrichs moved to appoint Norma Carlough as Vice Chair. The motion was
duly seconded and carried unanimously. Alternate Member Funk did not vote.
E. CITIZENS TO BE HEARD ITEMS NOT HEARD ON AGENDA: None.
F. REQUEST TO CONTINUE TO THE MEETING OF JULY 15, 2014 (Item 1)
1. Case. APP2013-00002 - 801 Bay Esplanade (continued from January 21, 2014)
Owner/Appellant: William Blackwood; 627 Bay Esplanade, Clearwater, FL 33767
Community Development 4/15/2014 1
Agent: Elizabeth J. Daniels, Esq., (911 Chestnut Street, Clearwater, FL 33756;
phone: (727)461-1818; email: bethd(a)-ipfirm.com)
Location: 0.174 acre (0.149 acre upland, 0.025 acre submerged) at 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 APP2013-00002 to July 15, 2014, at the
request of the applicant. The motion was duly seconded and carried unanimously.
Alternate Member Funk did not vote.
G. CONSENT AGENDA: The following case is not contested by the applicant,
staff, neighboring property owners, etc. and will be approved by a single
vote at the beginning of the meeting: (Item 1)
1. PULLED FROM CONSENT AGENDA
Case: FLD2014-02003 - 2005 Calumet Street Level Two Application
Owner: Church of Scientology Flag Service Organization, Inc.
Agent: Daniel O'Farrell (503 Cleveland Street, Clearwater, FL 33765; (727) 423-
3007; email: daniel(o-)-cos.flag.org)
Location: 3.75 acres located at the southeast corner of Hercules Avenue and
Calumet Street
Atlas Page: 262B
Zoning: Industrial, Research and Technology (IRT) District
Request: Flexible Development application for an 88,867 square-foot warehouse
facility in the Industrial, Research and Technology (IRT) District with a lot area of
163,378.3 square-feet, lot widths of 430 feet (along Calumet Street) and 380 feet
(along Hercules Avenue), front (north) setbacks of 29 feet (to wall/pavement)
and 34.9 feet (to building), front (west) setback-of 23 feet (to building), side (east)
setbacks of 4.6 feet (to proposed solid waste enclosure) and 50.1 feet (to
building), side (south) setbacks of 50 feet (to pavement) and 75 feet (to building),
a building height of 43.5 feet (to top of flat roof), and ten off-street parking
spaces as a Comprehensive Infill Redevelopment Project under the provisions of
Section 2-1304.C., Community Development Code, as well as a reduction in the
Community Development 4/15/2014 2
width of the north and west foundation planting areas to zero feet where five feet
is required; to eliminate the required interior landscaping; and a reduction to the
number of required trees in the south perimeter landscape buffer from 12 trees
to 9 trees as part of a Comprehensive Landscape Program pursuant to Section
3-1202.G., Community Development Code.
Proposed Use: Warehouse Facility
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Kevin Nurnberger, Planner III
For Staff Report FLD2014-02003 see Agendas\Community Development Board\2010
s\2014\04/15/2014
Member Carlough 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. Alternate Member Funk did not vote.
Planner III Kevin Nurnberger reviewed the Staff Report, including the correction to the
request and report that strikes reference to the setback to the concrete pad. A future
owner of the property would have to provide bus service similar to this proposal or
remove sufficient structure to meet minimum parking requirements. At least 5 buses a
day will transport facility workers. Ten parking spaces will be provided for vans and
delivery trucks.
Attorney Ed Armstrong, representative for the applicant, said conditions of approval run
with the land. He said the applicant was the only property owner in Clearwater with its
own transit system and the future sale of the property was not a practical problem for
the owner.
Member Barker moved to approve Case FLD2014-02003, as corrected to strike
reference to the setback to the concrete pad, based on the evidence and testimony
presented in the application, the Staff Report, as corrected to strike reference to the
setback to the concrete pad, 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. Alternate Member Funk
did not vote.
Community Development 4/15/2014 3
H. LEVEL TWO APPLICATION: (Item 1)
1. Case: FLD2014-02004 - 300 Venetian Drive Level Two Application
Owner: Jack Eugene Millikan
Agent/Representative: William J. Kimpton, Esq. (605 Palm Boulevard, Dunedin,
FL 34698; (727) 733-7500; email: bill(o-)-kimptonlaw.com)
Location: 0.498 acre waterfront lot located on the north side of Venetian Drive at
the northeast corner of Venetian Drive and Venetian Point Drive/Sunset Drive
Atlas Page: 259B
Zoning: Medium Density Residential (MDR) District.
Request: Flexible Development application to permit a boatlift as an addition to
an existing 948 square-foot Multi-Use Dock as accessory to an existing attached
dwelling with a decrease in the side (east) setback from 9.5 feet (one-tenth of the
width of the property) to zero feet, under the provisions of Community
Development Code (CDC) Section 3-601.C.3.
Proposed Use: Boatlift as accessory to an existing attached dwelling
Neighborhood Associations: Clearwater Neighborhood Coalition
Presenter: Mark T. Parry, AICP, Planner III
For Staff Report FLD2014-02004 see Agendas\Community Development Board\2010
s\2014\04/15/2014
Member van Weezel 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. Alternate Member Funk did not vote.
Katy Valenti requested Party Status.
Member Barker moved to grant Katy Valenti Party Status. The motion was duly
seconded and carried unanimously.
Planner III Mark Parry reviewed the Staff Report. Staff recommended denial. In
response to a question, he said the dock was in compliance.
Attorney Bill Kimpton, representing applicant Jack Millikan, said the 9-unit property was
permitted and built in the 1950s and the dock's expansion was permitted in 1989. He
said dock owners had to contend with thick silt deposits and barnacles attaching to their
boats; some docks had boat lifts. He said the proposed boat lift would not have a
negative effect on the neighborhood and would provide Mr. Millikan safe access to his
boat.
Community Development 4/15/2014 4
Attorney Kimpton said the abutting condominium development installed a fence
between the properties and a survey indicated the fence is 12 feet from the edge of Mr.
Millikan's 14-foot wide slip. He said the pilings would be moved westward to the fence
line. He said the person who opposed this request had a boat lift, did not live in a
condominium unit adjacent to the subject boat slip, and had written a letter supporting
installation of a davit system.
Attorney Kimpton disagreed with the Staff Report, stating the request was in harmony
with neighboring docks and reflective of the bayou's character. He said in his April 4,
2014 letter, Realtor Tom Norman, of Charles Rutenberg Realty, said the requested boat
lift would not affect the value of adjoining condominium units or nearby properties.
Attorney Kimpton submitted letters from three marine companies recommending
installation of a boat lift system and not a davit, which could tilt or collapse and would
migrate due to deep mud and the boat's weight. He said denying the request would be a
hardship for Mr. Milliken.
Mr. Millikan said he bought his 225 horsepower, 21-foot boat following purchase of his
boat slip and condo. He said due to his service-connected heart disease, it was difficult
for him to scrape his boat to remove barnacles present in water at the dock. He said it
was dangerous for his mother to access his boat from the dock.
Party Status Holder Katy Valenti said the request was reasonable. In response to
questions, Ms. Valenti said she had a boat and a lift. She said the condominium's board
of directors would need to approve a request by residents to exchange docks.
It was stated if permitted by condominium declarations and approved by the board, Mr.
Millikan could pursue exchanging his slip for an interior one where a boat lift could be
installed within required setbacks. It was noted the CDB (Community Development
Board) previously had denied the condominium association's request to install a davit at
this slip.
It was stated that davits, supported by the neighbor who opposed a boat lift, would have
the same impact as a boat lift on water views from nearby residences and typically were
not used for boats as large as Mr. Millikan's. It was noted the requested variance was
smaller than stated in the Staff Report. It was agreed bayou docks do not have a
standard appearance and the neighborhood's overdevelopment, unusual for
Clearwater, could not be fixed. It was stated the boating community needed help. It was
felt moving the pilings and tie poles westward would benefit property owners to the east.
It was felt denial of the request would be a hardship to Mr. Millikan and impose on his
reasonable use of his boat and property.
Member van Weezel moved to approve Case FLD2014-02004 based on the evidence
and testimony presented in the application, the Staff Report and at today's hearing, and
Community Development 4/15/2014 5
hereby make the following Findings of Fact based on said evidence: Staff objections do
not apply and hereby issue the Conclusions of Law that the application complies with
the City Community Development Code, and that standard conditions of approval apply.
The motion was duly seconded. Members Adelson, Barker, Carlough, van Weezel,
Boutzoukas, and Chair Dame voted "Aye "; Member Hinrichs voted "Nay." Motion
carried. Alternate Member Funk did not vote.
H. ADJOURN
The meeting adjourned at 2:17 p.m.
Attes
Board Repo
Chair
Community Development Board
Community Development 4/15/2014 6
PETITION RECEIVEID
3010 VEN I DRIVE
OWNER: JACK EUi GENE MILLIKAN
PARRY,CAS�E PLANNER: MARK AICP,, PLAN:NE,R 111
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LETTER RECEIVED
OWNER FOR
300 VEN TII I
PLANNER:CASE , AlI CP,. PLANNER Ill
City of Clearwater
100 South Myrtle Ave March 13,2014
Clearwater, FL33576
Att. Mark Parry Re: Dock boat lift application for
Jack Milhkan, 300 Venetian, Dr.
Dear Sir,
My property is adjacent to Applicants property and his request for a waiver of the set
backs so that he can install a boat lift on or near the property line . I do object and request the
waiver application be denied. I do want to state that in trying to assist Jack 11 have no objection to him
installing davits on his existing clock if the City codes allow it.
Thank you,
Pick Ta I ley
316 Venetian Dr.
cX'W'R I NO VI Clearwater, FL 33755
ph. 727-420-0052
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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 April 15, 2014
DATE: March 18, 2014
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting March 18, 2014
Agenda
CONTINUED FROM THE January 21, 2014 MEETING ITEMS (Items 1)
1. Case: FLD2013-11041 — 1840 Gulf to Bay Boulevard Presenter: Melissa Baker, Planner II
Yes No
LEVEL TWO APPILCATIONS (ITEMS 1- 2)
1. Case: FLD2014 -02003 — 2005 Calumet Street Presenter: Kevin W. Nurnberger, Planner III
Yes No
2. Case: FLD2014 -02004 300 Venetian Drive Presenter: Mark T. Parry, AICP, Planner III
Yes No
I have conducted a sona 'n ti• ', 'on on the personal site visit to the following, prop'rties.
Signature:
Date:
PRINT NAME
S: (Planning Deparnnent\C D BI.Agendas DRC & CDBICDBI2014104 Apr i1201411 Cover MEtAfO 2014.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 April 15, 2014
DATE: March 18, 2014
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting March 18, 2014
Agenda
CONTINUED FROM THE January 21, 2014 MEETING ITEMS (Items 1)
1. Case: FLD2013-11041 — 1840 Gulf to Bay Boulevard Presenter: Melissa Baker, Planner II
Yes No
X
LEVEL TWO APPILCATIONS (ITEMS 1- 2)
1. Case: FLD2014 -02003 — 2005 Calumet Street Presenter: Kevin W. Nurnberger, Planner III
Yes No
2. Case: FLD2014 -02004 300 Venetian Drive Presenter: Mark T. Parry, AICP, Planner HI
Yes
I have conducted a , ersonal investi ' ation on t � ersonal site visit to the £ wind properties.
S.. (Planning DepartnentlC D BlAgendas DRC & CDBICDB12014104 April 201411 Cover MEMO 2014.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 April 15, 2014
DATE: March 18, 2014
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting March 18, 2014
Agenda
CONTINUED FROM THE January 21, 2014 MEETING ITEMS (Items 1)
1. Case: FLD2013-11041 — 1840 Gulf to Bay Boulevard Presenter: Melissa Baker, Planner II
Yes
No
LEVEL TWO APPILCATIONS (ITEMS 1- 2)
1. Case: FLD2014 -02003 — 2005 Calumet Street Presenter: Kevin W. Nurnberger, Planner III
Yes No
2. Case: FLD2014 -02004 300 Venetian Drive Presenter: Mark T. Parry, AICP, Planner III
Yes
No
I have conducted a pefsgnal investig n on the personal site visit to the following properties.
Signature: Date:
II
PRINT NAME
S:'Planning Department\C D BlAgendas DRC & CDBICDBl2014104 April 201411 Cover MEMO 2014.doc
:aater
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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 April 15, 2014
DATE: March 18, 2014
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting March 18, 2014
Agenda
CONTINUED FROM THE January 21, 2014 MEETING ITEMS (Items 1)
1. Case: FLD2013-11041 — 1840 Gulf to Bay Boulevard Presenter: Melissa Baker, Planner II
Yes
No
LEVEL TWO APPILCATIONS (ITEMS 1- 2)
1. Case: FLD2014 -02003 — 2005 Calumet Street Presenter: Kevin W. Nurnberger, Planner III
Yes is
No
2. Case: FLD2014 -02004 300 Venetian Drive Presenter: Mark T. Parry, AICP, Planner III
Yes
No
I have conducted a personal investigation on the personal site visit to the following properties.
Signature: g Date: 4/f 5/7"d 4
`
t 1Gt44Z7 4.50 i
PRINT NAME
S:\Planning Department\C D BlAgendas DRC & CDBICDBI2014104 April 201411 Cover MEMO 2014.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 April 15, 2014
DATE: March 18, 2014
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting March 18, 2014
Agenda
CONTINUED FROM THE January 21, 2014 MEETING ITEMS (Items 1)
1. Case: FLD2013-11041 — 1840 Gulf to Bay Boulevard Presenter: Melissa Baker, Planner II
Yes
No
LEVEL TWO APPILCATIONS (ITEMS 1- 2)
1. Case: FLD2014 -02003 — 2005 Calumet Street Presenter: Kevin W. Nurnberger, Planner III
Yes
No
2. Case: FLD2014 -02004 300 Venetian Drive Presenter: Mark T. Parry, AICP, Planner III
Yes
No
I have conducted a pers al invest' • n on the personal site visit to the foll winj properties.
Signature: loo Date: / L
,,/
PRINT NAME
S:\Planning Deparnnent1C D BlAgendas DRC & CDBICDBI2014104 April 201411 Cover MEMO 2014.doc
1
arwater
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4,......,.......„„
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 April 15, 2014
DATE: March 18, 2014
CDB packets being distributed contain the following:
Site investigation form
Unapproved minutes of previous meeting March 18, 2014
Agenda
CONTINUED FROM THE January 21, 2014 MEETING ITEMS (Items 1)
N
1. Case: FLD2013- 11041 -1840 Gulf to Bay Boulevard Presenter: Melissa Baker, Planner II
Yes No
LEVEL TWO APPILCATIONS (ITEMS 1- 2)
1. Case: LD2014 -02003 — 2005 Calumet Street Presenter: Kevin W. Nurnberger, Planner III
Yes No
2. Case: FLD2014 -02004 300 Vietian Drive Presenter: Mark T. Parry, AICP, Planner III
Yes No
I have conduc
Signature:
PRINT AME
pis • nve ' # ion on the personal site visit to the following properties.
Date: 7
S:\Planning DeparnnentAC D BL4gendas DRC & CDBICDBI2014104 April 201411 Cover MEMO 2014.doc