MINUTES FOR APPROVAL - 08/19/2014COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
August 19, 2014
Awaiting approval
Present: Chair Frank L. Dame, Vice Chair Norma R. Carlough, Board Member Richard
Adelson, Board Member Brian A. Barker, Board Member Kurt B. Hinrichs, Board
Member Michael Boutzoukas, Acting Board Member John Funk
Absent: Board Member ponald van Weezel
Also Present: Jay Daigneault - Attorney for the Board, Camilo Soto - 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 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 Carlouqh, Members Adelson, Barker,
Boutzoukas, Hinrichs, van Weezel, Alternate Member Funk, Citv Staff
C. APPROVAL OF MINUTES FOR PREVIOUS MEETING: Julv 15, 2014
Member Carlough moved to approve the minutes of the regular Community
Development Board meeting of July 15, 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 RE ITEMS NOT ON THE AGENDA
Jamie Blackstone submitted a copy of petition signatures opposing a high and dry
marina on N. Osceola Avenue.
E. WITHDRAWN (Items 1)
1. Case: APP2014-00001 - 1001 South Fort Harrison Avenue Owner/A�plicant�
Harbor Oaks Condominium Association
Aqent/Representative: Thomas J. Trask Esq • Trask Metz & Daiqneault LLP
�1001 South Fort Harrison Avenue Suite 201 Clearwater FL 33756� (727)733-
0494; email: ttrask(a�tmdlawfirm.com�
Location: 1.27 acres located at the southeast corner of South Ft. Harrison
Avenue and Maqnolia Drive and on the north side of Maqnolia Drive
Community Develcpment 8/19/2014
approximatelv 350 feet east of South Fort Harrison Avenue adjacent to the west
side of the Pinellas Trail
Atlas Page: 295B
Zoninq: Commercial (C) District
Request: An appeal from a Level One (Comprehensive Siqn ProgramLapproval
decision pursuant to Community Development Code Section 4-502 A that the
reauested additional attached siqn 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
Neiqhborhood Association: Clearwater Neighborhood Coalition
Presenter: Matt Jackson. Planner III
Case APP2014-00001 was withdrawn.
F. CONSENT AGENDA: The followina cases are not contested bv the
applicant, staff, neiqhborinq propertv owners, etc. and will be approved bv
a sinqle vote at the beqinninq of the meetinq (Items 1-4):
PULLED FROM CONSENT AGENDA
1. Case: FLD2014-06016 - 19321 US Hiqhway 19 N Level Two Application
Owner: Golden Shoreline Ltd., Partnership
Aqent: Robert Peraolizzi Gulf Coast Consulting Inc (13'825 ICOT Boulevard
Suite 605, Clearwater. FL 33760; phone: (727) 524-1818• email�
perqo(c�gulfcoastconsultin .com)
Location: 22.52 acres located on the east side of US Hiqhway 19 N
approximately 200 feet north of Harn Boulevard
Atlas Paqe: 310A
Zoninq: Office (0) District
Re uest: Flexible Develo ment a lication to convert 15.77 acres 686 941
square-feet) of existinq office area of the Arbor Shoreline Office Park into 236
attached dwellinqs within the Office (0) District with a side (west) setbacks of
zero feet (to pavement) and 50 feet (to buildinq) side (south) setbacks of zero
feet (to pavement) and 20 feet (to buildin ) side (north) setbacks of 25 feet (to
pavement) and 15 feet (to building� and a rear (east) setbacks of 118 feet (to
pavement and 125 feet (to building) a building height of 52 feet and 694 off-
street parkinq spaces as a Comprehensive Infill Redevelopment Project
pursuant to Section 2-1004.A. Community Development Code (CDC) alonq
with a reduction in the required foundation and buffer plantinas as part of a
Comprehensive Landscape Program pursuant to Section 3-1202 G CDC
Proposed Use: Residential Apartments
Neiqhborhood Association: Clearwater Neiqhborhoods Coalition
Presenter: Melissa Hauck-Baker AICP Planner II
Community Development 8/19/2014
Rochelle Heenan requested Party Status.
Member Carlough moved to grant Rochelle Heenan Party Status. The motion was duly
seconded and carried unanimously.
Susan Raineri, representing Aurora Lighting, requested Party Status.
Acting Member Funk moved to grant Susan Raineri Party Status. The motion was duly
seconded and carried unanimously.
Member Barker moved to accept Melissa Hauck-Baker as an expert witness in the fields
of comprehensive and redevelopment planning; zoning, historic preservation, land
development and landscaping ordinance interpretation, amendment and administration;
site plan analysis and preparation. The motion was duly seconded and carried
unanimously.
Planner II Melissa Hauck-Baker reviewed the Staff Report.
In response to questions, Ms. Hauck-Baker said the border with the mobile home park
will be at least 15-feet wide and landscaped with bushes. Many nearby mature trees will
remain. One-story garages will be built closest to the border; parking will separate the
garages from the residential buildings. A wall befinreen the properties was not proposed.
Existing trees will buffer the subject property from Aurora Lighting. Residents will access
the property via the existing site entrance on US 19.
Robert Pergolizzi, representing the applicant, said the property's underlying land use
was Residential Office General. He said the US 19 Clearwater Corridor Redevelopment
Plan encouraged this type of development. He said the project would have tess peak
hour traffic than a commercial use.
Party Status holder Rochelle Heenan expressed concern the development would
negatively impact Japanese Village's access to US 19. She said the office buildings on
the subject property had been empty for a long time and had little traffic. She said US
19 could not handle the significant increase in traffic from the development. She
expressed concerns that 50-year old area sewer pipes were inadequate to handle the
project and the development would exacerbate drainage problems.
Party Status holder Susan Raineri, representing Aurora Lighting, spoke in support of the
project.
Melissa Zepeda, attorney for Lincare Inc., requested Party Status.
Community Developmert 8/19/2014
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Acting Member Funk moved to grant Melissa Zepeda Party Status.
Party Status holder Melissa Zepeda said Lincare Inc. objected to the project as a
change to zoning and the residential project were contrary to the company's interests.
She said Lincare Inc.'s purchase contract indicated its property was designated as an
office park, not residential. She agreed to submit a copy of the contract after redactions
were made.
Attorney for the Board Jay Daigneault advised the Board to base its decision on
submitted evidence.
Assistant City Attorney Camilo Soto said the contract between Lincare Inc. and the
developer was a private matter that did not concern the Board. Zoning would not
change.
Ms. Hauck-Baker said the project met the requirements of Code and the US 19
Clearwater Corridor Redevelopment Plan, which encouraged residential rental
development on US 19. Engineering staff determined that site infrastructure met
conditions of approval.
Mr. Pergolizzi said US 19 was under construction and improvements would be
permanent. He said the entrances to the project and Japanese Gardens will be on a
frontage road. He said #ull engineering plans would be submitted. He said the project
should improve drainage.
Discussion ensued with comments that the project would benefit adjacent residents and
was a better use of the property than currently existed.
Member Boutzoukas moved to approve Case FLD2014-06016 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.
2. Case: FLD2014- 06017 - 704 Eldorado Avenue Level Two Application
Owner: Lawrence A. Seigel & Arlene W. Siegel
Aqent: Jav Mvers, Myers & Associates (9120 Oakhurst Road Suite 3B
Seminole, FL 33776; phone: (727) 595-7100� email� mversarch(a�ix netcom com)
Location: 0.16 acre property is located on the west side of Eldorado Avenue 79
feet south of Acacia Street
Atlas Page: 258A
Zoninq: Low Medium Density Residential {LMDR) District
Request: Flexible Development application to allow a deck for an existing
Commurity Develcpmer,t 8/19/2014
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detached dwellinq within the Low Medium Density Residential (LMDR) District
with a rear (west) setback of 6.3 feet (to Coastal Construction Control Line)
where 25 feet is required as a Residential Infill Project under the provisions of
the Communitv Development Code Section 2-204.E. and CDC section 3-905 C
Proposed Use: Detached Dwellinq
Neiqhborhood Associations: Clearwater Neighborhoods Coalition Clearwater
Beach Association
Presenter: Kevin W. Nurnberger Planner III
Acting Member Funk moved to approve Case FLD2014-06017 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.
PULLED FROM CONSENT AGENDA
3. Case: DVA2014-06001 - 483 Mandalay Avenue (Related to FLD2014-
05013) Level Three Application
Owner: PV-Pelican Walk. LLC
Aqent: Brvan J. Aun sq t, Esq. (625 Court Street Suite 200 Clearwater FL
33756; phone: (727) 444-1403; email: bjaCcr�macfar.com)
Location: 1.68 acres on the west side of Poinsettia Avenue approximately 65
feet south of Baymont Street
Atlas Page: 267A
Zoninq: Tourist (T) District
Request: Review, and recommendation to the City Council of a Development
Aqreement between PV-Pelican Walk LLC ("Paradise") and the City of
Clearwater, to allow for a parking garaqe with 642 parking spaces (includina
11,482 square-feet of retail sales and service space) in the Tourist (T) District as
per Community Development Code Section 4-606.
Proposed Use: Parkin Garaqe Retail Sales and Services and Restaurants
Neiqhborhood Associations: Clearwater Neiqhborhoods Coaliiion & Clearwater
Beach Association
Presenter: Kevin W. Nurnberqer Planner III
Planner III Kevin Nurnberger reviewed the Staff Report
In response to questions; Mr. Nurnberger said the number of parking spaces had not
changed. Development Review Manager Robert Tefft said this project would not deplete
the site's development potential. Residential Transfers of Development Rights to this
property were not part of this project. In the future, remaining development rights could
be shifted off site.
Comm:�r,ity Development 8/19/2014 F
Attorney Brian Aungst, representing the applicant, submitted a packet of information,
including the traffic study. He requested that all submittals and testimony re Case
FLD2014-05013 at the July 15, 2014 Community Development Board meeting be
included in tvday's record. He reviewed the Beach by Design master plan requirement
for a parking garage on north beach. He said the CDB (Community Development
Board) had approved the parking garage's site plan in July. He said today is the first
public hearing on the development agreement; the second public hearing was
scheduled at tomorrow's City Council meeting. He said he wrote the agreement's initial
draft and had daily negotiations with the City since he forwarded the draft to the City
Attorney in early July.
It was hoped the garage had a longer useful life than 40 years as stated in the
agreement.
Attorney Aungst said the development agreement draft was based on the City's
development agreement with LOM for a parking garage. He said engineers had
determined the parking garage's useful life, noting the structure would be occupied 24
hours a day. He said the parking garage design exceeded standards, which were more
stringent on the beach than inland. He said the parking garage will provide parking for
the public and employees of nearby businesses. He said the garage will allow more
businesses to open and will be a revenue generator for the City. He said development
agreement language referenced the flexible development agreement approved by the
CDB in July.
Three people spoke in support of the parking garage and one person spoke in
opposition.
Attorney Aungst thanked staff for their work on this project. He said the City's
commitment to Beach by Design had been a phenomenal success. In response to a
question, he said the original Section 6.04 was deleted. He said the City Attorney had
closely reviewed the development agreement and negotiations on the agreement were
completed last week with no outstanding issues. He said reference to assignment of
right, title interest, etc. was standard language in every development agreement.
In response to a concern, it was stated that language re assignment of rights benefitted
the City.
Communitv De��elopment 8/'! 9/2014 .6
Member Barker moved to recommend approval of Case DVA2014-06001 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. ADJOURNMENT
The meeting adjourned at 2:24 p.m.
Attest
ORLS Coordinator
Chair
Community Development Board
Community Development 8/19/2014 7