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07/15/2014
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 15, 2014 Present: Chair Frank L. Dame, Board Member Richard Adelson, Board Member Kurt B. Hinrichs, Board Member Donald van Weezel, Board Member Michael Boutzoukas, Acting Board Member John Funk Absent: Vice Chair Norma R. Carlough, Board Member Brian A. Barker Also Present: Thomas J. Trask - Attorney for the Board, Camilo Soto -Assistant City Attorney, Michael L. Delk - Planning & Development Director, Gina Clayton - Assistant Planning & Development Director, Robert Tefft - Development Review Manager, Patricia O. Sullivan - Board Reporter 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 Dame, Vice Chair Carlough, Members Adelson, Barker, Boutzoukas, Hinrichs, van Weezel, Alternate Member Funk, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: June 17, 2014 Member van Weezel moved to approve the minutes of the regular Community Development Board meeting of June 17, 2014, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. CITIZENS TO BE HEARD ITEMS NOT HEARD ON AGENDA Jamie Blackstone and Pamela Huff spoke in opposition to a proposed high and dry marina on N. Osceola Avenue. Ms. Blackstone submitted copies of petition signatures supporting their position. E. CONTINUED FROM MEETING OF JUNE 17, 2014 - WITHDRAWN (Item 1) 1. 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(a)-ipfirm.com) Location: 0.174 acre (0.149 acre upland, 0.025 acre submerged) at the northeast corner of Bay Esplanade and Mango Street Community Development 7/15/2014 1 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 provisions of Article 4, Division 5 of the Community Development 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 Case: APP2013-00002 was withdrawn. F. REQUEST TO CONTINUE TO THE MEETING OF AUGUST 19, 2014 (Items 1) 1. Case: APP2014-00001 - 1001 South Fort Harrison Avenue Owner/Applicant: Harbor Oaks Condominium Association Agent/Representative: Thomas J. Trask, Esq.; Trask, Metz & Daigneault, LLP, (1001 South Fort Harrison Avenue, Suite 201, Clearwater, FL 33756; (727)733- 0494; email: ttrask(o-)-tmdlawfirm.com) Location: 1.27 acres located at the southeast corner of South Ft. Harrison Avenue and Magnolia Drive and on the north side of Magnolia Drive approximately 350 feet east of South Fort Harrison Avenue adjacent to the west side of the Pinellas Trail Atlas Page: 295B Zoning: Commercial (C) District Request: An appeal from a Level One (Comprehensive Sign Program) approval decision pursuant to Community Development Code Section 4-502.A, that the requested additional attached sign as a Comprehensive Sign Program is inconsistent with the Comprehensive Sign Program flexibility criteria as set forth in Community Development Code Sections 3-1808.C.1.a and b. Proposed Use: Office Neighborhood Association: Clearwater Neighborhood Coalition Presenter: Matt Jackson, Planner III Member Boutzoukas moved to continue Case APP2014-00001 to August 19, 2014. The motion was duly seconded and carried unanimously. Community Development 7/15/2014 2 G. 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 1-5) 1. Case: FLD2014-02005/PLT2014-02002 - 901 Cleveland Street Level Two Application Owner: City of Clearwater and the City of Clearwater Community Redevelopment Agency Agent: Bryan Zarlenga; Cardno TBE, (380 Park Place Boulevard; Suite 300, Clearwater, FL 33759; phone (727) 431-1547; email: bryan.zarlenga(a)cardno.com) Location: 6.596 acres generally located north of Prospect Lake and bound by Cleveland Street (north), South Martin Luther King Jr. Avenue (east) and South Prospect Avenue (west). Atlas Page: 287A Zoning: Downtown (D) District Request: Flexible Development application to permit a Mixed Use with 257 attached dwelling units and 24,000 square-feet of commercial space within five buildings up to 75 feet, 300 parking spaces (1.16 parking spaces per dwelling unit) dedicated to the residential component, zero parking spaces dedicated to the non-residential component in the Downtown (D) District as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-903.D; and to permit more than 10 parking spaces in a row, permit shade trees within five feet of impervious surface and permit a landscape island less than eight feet in width as part of a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G; and an allocation of 60 dwelling units and 24,000 square-feet of commercial floor area allocated from the Public Amenities Incentive Pool under the provisions of the Clearwater Downtown Redevelopment Plan; and a Preliminary Plat. Proposed Use: Mixed Use; Attached Dwellings (257 units including seven Live/Work units); 15,000 square-feet of commercial space including space within seven Live/Work units) Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Mark T. Parry, AICP, Planner III For Staff Report FLD2014-02005 and PLT2014-02002 see Agendas\Community Development Board\2010 s\2014\07/15/2014. It was commented that this important project will help revitalize downtown. Member van Weezel moved to approve Case FLD2014-02005 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 Community Development 7/15/2014 3 Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. Member van Weezel moved to approve Case PLT2014-02002 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, with conditions of approval as listed. The motion was duly seconded and carried unanimously. 2. Case. FLD2014-04012 - 2560 Gulf-to-Bay Boulevard Level Two Application Owner: 2560 Gulf to Bay Boulevard, LLC Agent: J. Paul Raymond, Macfarlane, Ferguson & McMullen, P.O. Box 1669, Clearwater, FL 33757; phone: (727) 441-8966; email: ipr(a�macfar.com) Location: 0.964 acre located on the north side of Gulf-to-Bay Boulevard approximately 400 feet west of US Highway 19. Atlas Page: 2290B Zoning: Commercial (C) District Request: Flexible Development application to permit 12,800 square-feet of medical clinic use within an existing 20,866 square-foot building in the Commercial (C) District with a lot area of 41,988 square-feet, a lot width of 150 feet along Gulf-to-Bay Boulevard, front (south) setbacks of 15.2 feet (to pavement) and 68.1 feet (to building), side (east) setbacks of 2.6 feet (to pavement) and 50.6 feet (to building), side (west) setbacks of zero feet (to pavement) and 39 feet (to building), rear (north) setbacks of 1.2 feet (to pavement) and 66.9 feet (to building), a building height of 42.4 (to top of flat roof), and 88 off-street parking spaces as a Comprehensive Infill Redevelopment Project pursuant to Community Development Code (CDC) Section 2-704.E; and a reduction to a portion of the width of the side (east) perimeter landscape buffer from five feet to 2.6 feet, a reduction to a portion of the width of the side (west) perimeter landscape buffer from five feet to zero feet, a reduction to the width of the rear (north) perimeter landscape buffer from five feet to zero feet, a reduction to the required eight foot dimension from back of curb to back of curb for an interior landscape island from eight to 4.06 feet, a reduction in the amount of required trees from 45 to 14 and an increase in the number of parking spaces allowed in a row from 10 to 13 spaces as part of a Comprehensive Landscape Program pursuant to CDC Section 3-1202.G. Proposed Use: Medical Clinic Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Matt Jackson, Planner III For Staff Report FLD2014-04012 see Agendas\Community Development Board\2010 s\2014\07/15/2014 Member Boutzoukas declared a conflict of interest. Community Development 7/15/2014 4 Member van Weezel moved to approve Case FLD2014-04012 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, with conditions of approval as listed. The motion was duly seconded. Members Adelson, van Weezel, and Hinrichs, Acting Member Funk, and Chair Dame voted "Aye"; Member Boutzoukas abstained. Motion carried. 3. Case: LUP2014-04001 - 3049 and 3053 Cleveland Street; 3048 and 3054 Cherry Lane (Related to REZ2014-04001) Level Three Application Owner/Applicant: First Baptist Church of Clearwater, Inc. Representative: Brian Aungst, Jr., Esq, 625 Court Street, Suite 200, Clearwater, FL 33756; phone: (727) 444-1403; email: bia(o-)-macfar.com Location: Generally west of N. McMullen Booth Road and east of Bavview Avenue, north of Cherry Lane and south of Cleveland Street. Atlas Page: 292A Request: Future Land Use Map amendment of four parcels from Residential Urban (RU) to Institutional (1). The four parcels total 0.62 acre in size. Type of Amendment: Small scale Proposed Use: Place of worship Neighborhood Associations: Clearwater Neighborhoods Coalition, Del Oro Groves Neighborhood Association Presenter: Katie See, Planner III For Staff Report LUP2014-04001 see Agendas\Community Development Board\2010 s\2014\07/15/2014 See below for motion to recommend approval. 4. Case: REZ2014-04001 - 3049 and 3053 Cleveland Street; 3048 and 3054 Cherry Lane (Related to LUP2014-04001) Level Three Application Owner/Applicant: First Baptist Church of Clearwater, Inc. Representative: Brian Aungst, Jr., Esq, 625 Court Street, Suite 200, Clearwater, FL 33756; phone: (727) 444-1403; email: bia(o-)-macfar.com Location: Generally west of N. McMullen Booth Road and east of Bavview Avenue, north of Cherry Lane and south of Cleveland Street. Atlas Page: 292A Request: Zoning Atlas amendment of four parcels from Low Medium Density Residential (LMDR) to Institutional (1). The four parcels total 0.62 acre in size. Proposed Use: Place of worship Neighborhood Associations: Clearwater Neighborhoods Coalition, Del Oro Groves Neighborhood Association Presenter: Katie See, Planner III Community Development 7/15/2014 5 For Staff Report REZ2014-04001 see Agendas\Community Development Board\2010 s\2014\07/15/2014 See below for motion to recommend approval. 5. Case: TA2014-00002 - Amendments to the Clearwater Community Development Code Level Three Application Applicant: City of Clearwater Request: Amendments to the Clearwater Community Development Code clarifying the intent of the City's noise ordinance, the sounds covered by the noise ordinance, and the sounds relating to an emergency, as well as procedures for obtaining a special events permit and the deletion of language pertaining to religious worship activities. Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Robert J. Surette, Assistant City Attorney For Staff Report TA2014-00002 see Agendas\Community Development Board\2010 s\2014\07/15/2014 Member Hinrichs moved to recommend approval of Cases LUP2014-04001, REZ2014- 04001, and TA2014-00002 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. H. LEVEL TWO APPLICATIONS (Items 1): 1. Case. FLD2014-05013 - 483 Mandalay Avenue Level Two Application Owner: Pelican Walk Plaza Investors, LLC Agent: Gregory Roth, PE (Thomas Engineering Group, 4950 W. Kennedy Boulevard, Tampa, FL 33609; (813) 379-4100; email: groth(a)-thomaseng.com) Location: 1.68 acres located on the east side of Mandalay Avenue approximately 60 feet south of the Bavmont Street and Mandalay Avenue intersection; and on the west side of Poinsettia Avenue approximately 65 feet south of the Bavmont Street and Poinsettia Avenue intersection. Atlas Page: 267A Zoning: Tourist (T) District Request: Flexible Development application to permit a parking garage with 642 parking spaces (including 11,482 square-feet of retail sales and service space) in the Tourist (T) District with a lot area of 73,363 square-feet, a lot width of 350 feet (along Poinsettia) and 302 feet (along Mandalay Avenue), a front (east) setback of zero feet (to building), a side (north) setback of zero feet (to concrete walkway) and 5.2 feet (to building), a side (south) setback of zero feet (to concrete walkway) and 5.2 feet (to building), a building height of 75.3 feet (from Community Development 7/15/2014 6 grade) to top of flat roof and 96.11 feet (to elevator and other mechanical equipment), as a Comprehensive Infill Redevelopment Project under the provisions of CDC Section 2-803.D.; and a reduction to the foundation landscape buffer from five feet wide to zero feet as part of a Comprehensive Landscape Program under the provisions of 3-1202.G. Proposed Use: Retail Plaza and Parking Garage Neighborhood Associations: Clearwater Neighborhoods Coalition and Clearwater Beach Association Presenter: Kevin Nurnberger, Planner III For Staff Report FLD2014-05013 see Agendas\Community Development Board\2010 s\2014\07/15/2014 See Exhibit FLD2014-05013 2014-07-15 William A. Day requested Party Status. Acting Member Funk moved to grant William A. Day Party Status. The motion was duly seconded and carried unanimously. William Selvidge requested Party Status. Member van Weezel moved to grant William Selvidge Party Status. The motion was duly seconded and carried unanimously. Karen Smith requested Party Status. Member Boutzoukas moved to grant Karen Smith Party Status. The motion was duly seconded and carried unanimously. Diogenes Aguasvivas requested Party Status. Acting Member Funk moved to grant Diogenes Aguasvivas Party Status. The motion was duly seconded and carried unanimously. Atif Abdou requested Party Status. Member van Weezel moved to grant Atif Abdou Party Status. The motion was duly seconded and carried unanimously. Dan Chiavatti requested Party Status. Acting Member Funk moved to grant Dan Chiavatti Party Status. The motion was duly seconded and carried unanimously. Community Development 7/15/2014 7 Linda Chiavatti and Michael Chiavatti requested Party Status. Acting Member Funk moved to grant Linda Chiavatti and Michael Chiavatti 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. Enforcement of parking space distribution had not been discussed with the applicant. Member van Weezel moved to accept Bennett Elbo as an expert witness in the fields of traffic operations, speed studies, signs and markings, traffic studies and fees, parking lot permits, ordinance review, and developmental impact on transportation. The motion was duly seconded and carried unanimously. Engineer Specialist II Bennett Elbo reviewed the Traffic Impact Study, including access points and trip distribution. The City's Comprehensive Transportation Plan directed traffic counts for traffic studies to be done during weekday afternoon peak hours. It was noted that parking space distribution numbers in the Staff Report and Traffic Study differed. Attorney Brian Aungst, representing the applicant, said the proposal met or exceeded Beach by Design standards and fulfilled the Beach by Design master plan requirement for a parking garage on north beach in this location. He said the public/private partnership would provide the City a unique opportunity to increase parking on north beach. He said the City Council recognized that the time was right for this project. Acting Member Funk moved to accept Bill Fisher as an expert witness in the field of architecture. The motion was duly seconded and carried unanimously. Bill Fisher, of Fisher Architects, discussed the parking garage's architecture, including elements emulating Pelican Walk and surrounding structures, panels that broke up the mass, art elements, awnings, canopies, and uplighting. Member Boutzoukas moved to accept Jane Caldera as an expert witness in the field of traffic engineering. The motion was duly seconded and carried unanimously. Jane Caldera, of Truckin Traffic, LLC, said she worked with staff to establish the traffic study's methodology; the study determined the parking garage would reduce the LOS (Level of Service) for the Poinsettia Avenue intersections with Baymont and Papaya streets from A to B. She said the project met or exceeded City impact requirements and would not negatively impact Mandalay Avenue. Community Development 7/15/2014 8 Party Status Holder William Selvidge opposed the parking garage. He said the majority of patrons would use it for beach parking, jaywalk across Mandalay, and defile the structure and vicinity because the garage lacked changing facilities and bathrooms. Acting Member Funk moved to accept George Deakin as an expert witness in the field of engineering. The motion was duly seconded and carried unanimously. On behalf of Party Status Holder Dan Chiavatti, George Deakin submitted his review of the parking garage studies. He opposed the project, stating the forecast overstated revenues and the intersection capacity and LOS analysis needed revision as it was run on out-of-date software, did not include pedestrian counts, and relied on old traffic counts done outside peak weekend hours. He said the left turn warrant analysis had errors. On behalf of Party Status Holder Linda Chiavatti, Attorney Ryan Dirks spoke in opposition, stating the applicant wanted to overdevelop the site to increase profits. He said the project overstepped the Code and was inconsistent with Beach by Design as the structure was too tall and massive and incompatible with property heights to the east. He said before approval, a new traffic study was necessary to protect public safety. Party Status Holder Atif Abdou spoke in support. He said nearby businesses needed more parking. Party Status Holder William Day spoke in opposition He said the project was too massive, would cost the City too much, and lacked sufficient landscaping. He said the parking garage should be on City property, ideally at Rockaway Beach, instead of by expensive residential units. He said the traffic study should have included East Shore Drive. Party Status Holder Diogenes Aguasviva spoke in support. He said the beach was growing and businesses and employees needed more parking. He anticipated a mix of people would use the garage. Party Status Holder Karen Smith spoke in opposition. She said 600 — 700 new parking spaces would increase beach traffic, which already was too heavy. In response to questions from Attorney Aungst, Mr. Nurnberger said a condition of approval required a revised landscaping plan. The structure would be shorter than Mandalay Club, Sandpearl, and Belle Harbor. Planning & Development Director Michael Delk said theoretically, it would be possible for the property owner to apply to construct a hotel up to 150 feet in height. He said Pelican Walk and the parking garage site are on Community Development 7/15/2014 9 one parcel. Mr. Elbo agreed with the conclusions of the traffic study, which followed City methodology. In response to questions, Attorney Aungst said a development partner lived at Sandpearl and met with the boards of the surrounding condo towers regarding the project. He said the City Council approved a letter of intent in March and the purchase agreement in June. He said the City would buy and operate 450 parking spaces and could design and add bathroom facilities if it chose. He said the parking garage was not designed for beach patrons but as a catalyst for commercial development. He said the structure would be condominiums: 1) Unit 1 - Pelican Walk; 2) Unit 2 - new retail space; 3) Unit 3 — 89 parking spaces on first level; 4) Unit 4 — 450 City-owned public parking spaces; and 5) Unit 5 — 101 developer-owned parking spaces for private use. He said the development agreement would protect the City financially. He said there was no legal basis to deny approval. In response to questions, Ms. Caldera said she had not reviewed the revenue forecast. She said software used for the traffic study had not expired; new software under development did not analyze intersections without traffic signals. After new traffic counts in two locations, staff agreed to use older counts and increase them by 8% (4% annual growth) for the study. She said it was not uncommon to use 2-year old counts for traffic studies. She said Friday evening counts during high season were appropriate due to high concentrations of traffic at that time. She did not think incorporating pedestrian traffic in the study would change results. She said left turn drivers would not contend with heavy oncoming traffic on Poinsettia Avenue, where the speed limit was 25 mph and the street averaged 60 southbound vehicles per hour. She anticipated parking garage traffic would be evenly distributed over three roads and would not impact the causeway. She said the study anticipated the parking garage would increase traffic by 69 vehicles during peak hours but would decrease the number of vehicles searching for parking. In response to a question, Mr. Fisher reviewed the building's elevations, stating great efforts, such as articulated planes, louvers, and blending colors from Pelican Walk and Beach by Design, made the structure appear less like a parking garage. The Community Development Board recessed from 3:01 to 3:06 p.m. Party Status Holder Day said no landscaping was proposed for the structure's 301 foot facade along Poinsettia Avenue. He said a lot of traffic to north beach uses East Shore Drive. He said the traffic study did not consider traffic that will be generated by East Shore development, including a proposed Frenchy's restaurant and Marriott Hotel. In response to questions from Party Status Holder Day, Ms. Caldera said staff had concurred that East Shore Drive traffic would not impact the parking garage. A growth factor study to determine new trip generation could be done after the parking garage Community Development 7/15/2014 10 opens. Mr. Nurnberger said the Staff Report indicated the surrounding neighborhood featured varying heights up to 100 feet. In response to questions from Attorney Dirks, on behalf of Party Status Holder Linda Chiavatti, Mr. Nurnberger said a buildable area at a height between 45 feet and 100 feet could be used as a part of the development. The Pelican Walk shopping center and parking garage will be one building. He did not have information regarding heights of other parking garages. Four people spoke in support of the project and one person spoke in opposition. Party Status Holder Day said he would support a smaller parking garage with sufficient landscaping. He said no one wanted a 310-foot long concrete block in the neighborhood. He said the parking garage would not be profitable and the City should consider better alternatives. Attorney Dirks, on behalf of Party Status Holder Linda Chiavatti, said the project was too big and inconsistent with Beach by Design; a smaller parking garage with landscaping would be preferable. He said attaching the garage to Pelican Walk did not make sense. He said the traffic studies did not comply with FDOT (Florida Department of Transportation) requirements as out-dated counts and software were used. He said north beach traffic increased by 20% over the past two years. He said the parking garage would create more issues than it would solve and would impede public safety. Mr. Deakin, on behalf of Party Status Holder Dan Chiavatti, said the board needed to consider actual resident experiences related to crowded roads and traffic nightmares. He said the parking garage would compound those problems. Attorney Aungst said the project would benefit citizens and fulfill the Beach by Design requirement for a north beach parking garage. He urged the board to approve the project. Discussion ensued with comments that both sides made valid points and additional parking was needed for visitors and employees. Concern was expressed that limited landscaping was proposed. A condition of approval requiring bathroom facilities was suggested. It was stated while beach patrons encumbered with chairs, towels, etc. probably would want to park closer to the beach, the facility will remove 600 — 700 vehicles circulating the streets. Comments were made that Beach by Design was intended to be pedestrian friendly and called for a 400-space parking garage on north beach, but not at this specific location. It was stated that a parking solution had been needed for years and the Pelican Walk location solved a variety of issues. It was recommended that the City Council also consider improving access to Clearwater Beach and Sand Key. Community Development 7/15/2014 11 Member Hinrichs moved to approve Case FLD2014 -05013 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. I. ADJOURNMENT The meeting adjourned at 3:45 p.m. Chair Community Development Board Community Development 7/15/2014 12 EXHIBIT: MEMO FLD2014-05013 2014-07-15 X Clearwater To: Community Development Board Members From: Kevin W. Nurnberger, Planner III Date: July 10, 2014 RE: FLD2014-05013 —483 Mandalay Avenue The day staff reports were due, staff received information from the applicant that there was an existing Transfer of Development Rights (TDR) associated with the subject property. The applicant submitted a warranty deed recorded in 2005 between the then owner of the subject property and the owner of the property described as Lots 15, 16, 17, 18, Block A, Bayside Subdivision, No. 5. The deed transferred the development rights for four (4) dwelling units to the subject property. However, Staff could not find any City records indicating the TDR was approved by the CDB; for this reason, staff determined that the deed could not be recognized as having transferred any development rights to the subject property, and this was the information presented in the staff report. Subsequently, staff determined that the TDR was, in fact, approved as a part of FLD2004-09072 and that the four (4) dwellings units were transferred from the property located at 656 Bayway Boulevard. While the FLD application has expired, the dwelling units transferred via the TDR run with the land irrespective of the status of any associated site plan approvals and remain with the subject property. However, as there is no residential component as a part of the subject development proposal, the transferred development rights have no bearing on the calculations associated with the proposal, such as Floor Area Ratio (FAR). FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME- MIDDLE NAME rzcv Ci MAILING ADDR ,f53 60,01 Av. CITY %It e Glk. COU DATE ON WHICH VOTE OCCURRED NAM OF BOARD, COUNCIL, COMMIS ION, AUTHORITY, OR COMMITT m �1� , �-e- od ©s r cb4' THE BOARD, COUNCIL, WH9CH I SERVE IS A UNIT •F: SSION, AUTHORITY . R COMMITTEE ON CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ❑ ELECTIVE G (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 votinc 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 Toss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or Toss 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 1, 1 4414.1 3r , hereby disclose that on , 20 %c/ (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 Toss of my business associate, inured to the special gain or loss of my relative, / e ,r� 7,4 inured to the special gain or loss of it41 e� ( 6Q-{ -h its dead 'l gte Z 4j j , 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: Date Fi ed 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 • :iater 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 July 15, 2014 DATE: July10, 2014 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting June 17, 2014 Agenda CONTINUED FROM THE JUNE 17, 2014 WITHDRAWN (Items 1) 1. Case: APP2013 -00002 — 801 Bay Esplanade Planner: Melissa Hauck - Baker, AICP, Planner II REQUEST TO CONTINUE TO A DATE UNCERTIAN (Items 1) 1. Case: APP2014-00001 — 1001 South Fort Harrison Avenue Planner: Matt Jackson, Planner III CONTINUED FROM THE MEETING OF JUNE 17, 2014, MEETING (Items 1) 1. Case: FLD2014- 02005/PLT2014 -02002 — 901 Cleveland Street Parry, AICP, P anner III Yes 1 Z No LEVEL TWO APPILCATIONS (ITEMS 1- 2) Presenter: Mark T. 1. Case: FLD2014- 04 112 — 2560 Gulf to Bay Boulevard Presenter: Matt Jackson, Planner III Yes No 2. Case: FLD2014fl5013 — 483 Mandalay Avenue Presenter: Kevin Nurnberger, Planner III Yes No S:\Planning Department\C D BlAgendas DRC & CDBICDBI2014107 July 201411 Cover MEMO 2014.doc OIL LEVEL THREE APPLICATIONS (Items 1 -3): 1. Case: TA2014 -00002 — Amendments to the Clearwater Community Development Code Presenter: Robert J. Surette, Assistant City Attorney 2. Case: LUP2014 -04001 — 3049 and 3053 Cleveland Street; 3048 and 3054 Cherry Lane (Related to REZ2(1-14- 04001) Presenter: Katie See, Planner III Yes No 3. Case: REZ2014 -0' s 11 —3049 and 3053 Cleveland Street; 3048 and 3054 Cherry Lane (Related to L ' 014- 04001) Presenter: Katie See, Planner III Yes No I have conducted a personal investigation on the personal site visit to the following roperties. Signature: PRINT NAME P�v`C o, �✓ u �/ /C Date: 7 /7 it7 S:1P1anning Department\C D BlAgendas DRC & CDBICDBI2014107 July 201411 Cover MEMO 2014.doc 4 O Uearwater U .„....o,„....„......„ Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Teffi, Development Review Manager COPIES: Leslie Dougall- Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for July 15, 2014 DATE: July10, 2014 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting June 17, 2014 Agenda CONTINUED FROM THE JUNE 17, 2014 WITHDRAWN (Items 1) 1. Case: APP2013 -00002 — 801 Bay Esplanade Planner: Melissa Hauck - Baker, AICP, Planner II REQUEST TO CONTINUE TO A DATE UNCERTIAN (Items 1) 1. Case: APP2014-00001 — 1001 South Fort Harrison Avenue Planner: Matt Jackson, Planner III CONTINUED FROM THE MEETING OF JUNE 17, 2014, MEETING (Items 1) 1. Case: FLD2014- 02005/PLT2014 -02002 — 901 Cleveland Street Parry, AICQP, Planner III Yes No LEVEL TWO APPILCATIONS (ITEMS 1- 2) Presenter: Mark T. 1. Case: FLD2014 -04012 — 2560 Gulf to Bay Boulevard Presenter: Matt Jackson, Planner III f\c,Yes „ No 2. Case: FLD2014 -05013 — 483 Mandalay Avenue Presenter: Kevin Nurnberger, Planner III Yes No S:\Planning Department\C D BlAgendas DRC & CDBICDBI2014107 July 201411 Cover MEMO 2014.doc 0 LEVEL THREE APPLICATIONS (Items 1 -3): 1. Case: TA2014 -00002 — Amendments to the Clearwater Community Development Code Presenter: Robert J. Surette, Assistant City Attorney 2. Case: LUP2014 -04001 — 3049 and 3053 Cleveland Street; 3048 and 3054 Cherry Lane (Related to REZ2014- 04001) Presenter: Katie See, Planner HI Yes No 3. Case: REZ2014 -04001 —3049 and 3053 Cleveland Street; 3048 and 3054 Cherry Lane (Related to LUP2014- 04001) Presenter: Katie See, Planner HI Yes N No I have conducted a i e Signature: ation on the ersonal site visit to the following properties. PRINT NAME L, y-- Date: 7//,?// S :1Planning Department\C D BlAgendas DRC & CDBICDBI2014107 July 201411 Cover MEMO 2014.doc -0 WIN ._ 0 } earwater _........................",............„..................................... 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 July 15, 2014 DATE: July10, 2014 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting June 17, 2014 Agenda CONTINUED FROM THE JUNE 17, 2014 WITHDRAWN (Items 1) 1. Case: APP2013 -00002 — 801 Bay Esplanade Planner: Melissa Hauck - Baker, AICP, Planner II REQUEST TO CONTINUE TO A DATE UNCERTIAN (Items 1) 1. Case: APP2014-00001 — 1001 South Fort Harrison Avenue Planner: Matt Jackson, Planner III CONTINUED FROM THE MEETING OF JUNE 17, 2014, MEETING (Items 1) 1. Case: FLD2014- 02005/PLT2014 -02002 — 901 Cleveland Street Parry, AICP, Planner III Yes V No LEVEL TWO APPILCATIONS (ITEMS 1- 2) Presenter: Mark T. 1. Case: FLD2014 -04012 — 2560 Gulf to Bay Boulevard Presenter: Matt Jackson, Planner III ,- Yes No 2. Case: FLD2014 -05013 — 483 Mandalay Avenue Presenter: Kevin Nurnberger, Planner III '' & J Yes No S. \Planning Department\C D BlAgendas DRC & CDBICDB12014107 July 201411 Cover MEMO 2014.doc olli.EVEL THREE APPLICATIONS (Items 1 -3): 1. Case: TA2014 -00002 — Amendments to the Clearwater Community Presenter: Robert J. Surette, Assistant City Attorney 2. Case: LUP2014 -04001 — 3049 and 3053 Cleveland Street; 3048 (Related to REZ2014- 04001) Presenter: Katie See, Planner III Yes ✓ No Development Code and 3054 Cherry Lan 3. Case: REZ2014 -04001 —3049 and 3053 Cleveland Street; 3048 and 3054 Cherry Lane (Related to LUP2014- 04001) Presenter: Katie See, Planner III Yes No I have conducted a p ' rson Signature: investigation on the personal site visit to the following properties. O )a(cQ Gj 'P-n'/ PRINT NAME Date: v/h( S :1Planning Department\C D BlAgendas DRC & CDBICDBI2014107 July 201411 Cover MEMO 2014.doc OA 3 LL,0 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 July 15, 2014 DATE: July10, 2014 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting June 17, 2014 Agenda CONTINUED FROM THE JUNE 17, 2014 WITHDRAWN (Items 1) 1. Case: APP2013 -00002 — 801 Bay Esplanade Planner: Melissa Hauck - Baker, AICP, Planner II REQUEST TO CONTINUE TO A DATE UNCERTIAN (Items 1) 1. Case: APP2014-00001 — 1001 South Fort Harrison Avenue Planner: Matt Jackson, Planner III CONTINUED FROM THE MEETING OF JUNE 17, 2014, MEETING (Items 1) 1. Case: FLD2014 -020 /PLT2014 -02002 — 901 Cleveland Street Parry, AICP, Pla er III Yes No LEVEL TWO APPILCATIONS (ITEMS 1- 2) Presenter: Mark T. 1. Case: FLD2014 -04 2 — 2560 Gulf to Bay Boulevard Presenter: Matt Jackson, Planner III Yes No 2. Case: FLD2014 -0 13 — 483 Mandalay Avenue Presenter: Kevin Nurnberger, Planner III Yes No S:\Planning Department\C D BlAgendas DRC & CDBICDBI2014107 July 201411 Cover MEMO 2014.doc LEVEL THREE APPLICATIONS (Items 1 -3): 1. Case: TA2014 -00002 — Amendments to the Clearwater Community Development Code Presenter: Robert J. Surette, Assistant City Attorney 2. Case: LUP2014 -04001 — 3049 and 3053 Cleveland Street; 3048 and 3054 Cherry Lane (Related to REZ1t14- 04001) Presenter: Katie See, Planner III Yes No 3. Case: REZ2014 -04001 —3049 and 3053 Cleveland Street; 3048 and 3054 Cherry Lane (Related to LUP2014- 04001) Presenter: Katie See, Planner III Yes V No I have conducted a person I inv -sti atio on, the personal site visit to the followi Q properties. Signature: •, �� Date: 1 ( 5 / T KMaT PRINT NAME .4tv.J \C Its S:\Planning Department\C D BlAgendas DRC & CDBICDB12014107 July 201411 Cover MEMO 2014.doc