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06/04/2015 - Special Meeting COMMUNITY DEVELOPMENT BOARD SPECIAL MEETING MINUTES CITY OF CLEARWATER June 4, 2015 Present: Chair Brian A. Barker, Board Member Richard Adelson, Board Member Michael Boutzoukas, Board Member David Allbritton, Board Member Mary A. Lau, Acting Board Member John Funk, Board Member Empty Seat Absent: Board Member Christopher J. Anuszkiewicz, Also Present: Jay Daigneault - Attorney for the Board, Camilo Soto - Assistant City Attorney, 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 Barker, Members Adelson, Allbritton, Boutzoukas, Lau, Acting Member Funk, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: April 21, 2015 Acting Member Funk moved to approve the minutes of the regular Community Development Board meeting of April 21, 2015, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. ELECTION OF VICE CHAIR Acting Member Funk moved to appoint David Allbritton as Vice Chair. The motion was duly seconded and carried unanimously. E. CITIZENS TO BE HEARD, RE: ITEMS NOT ON THE AGENDA: None 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 - 5) Community Development Special 6/4/2015 1 1. Case: FLD2015-02007 - 1822 Drew Street Level Two Application Owner: 1822 Drew, LLC (107 Moore Street, Princeton, NJ 08540; phone: 609- 497-9640; email: mamerica(a)tampabay.rr.com) Agent: Robert Pergolizzi, AICP/PTP.; Gulf Coast Consulting, Inc. (13825 ICOT Boulevard Suite 605, Clearwater, FL 33760; phone: 727- 524-1818; email: pergo(a)qulfcoastconsultinginc.com) Location: 0.85 acre at the northeast corner of Drew Street and Tulane Avenue Atlas Page: 277B Existing Zoning: Commercial (C) and Medium Density Residential (MDR) Districts Request: As noted in the regular agenda of the Community Development Board. Proposed Use: Retail Plaza and non-residential off street parking Neighborhood Associations: Clearwater Neighborhoods Coalition, Skycrest Neighborhood Presenter: Mark T. Parry, AICP, Planner III See below for motion of approval 2. Case. FLD2015-02004- 630 South Gulfview Boulevard Level Two Application Owner: Elias Anastasopoulos and Anastasios Anastasopoulos; Captain Bligh's Landing, Inc. (630 South Gulfview Boulevard Clearwater, FL 33767; phone- 727-461-9300) Agent: Brian J. Aungst.; MacFarlane Ferguson & McMullen, P.A. (625 Court Street, Clearwater, FL 33756; phone: 727- 441-8966; email: bia(o-)-macfar.com) Location: 1.192 acres bound by S. Gulfview Blvd. on the south and Bayway Blvd. on the north Atlas Page: 285A Existing Zoning: Tourist (T) District Request: As noted in the regular agenda of the Community Development Board. Proposed Use: Overnight Accommodations Neighborhood Associations: Clearwater Neighborhoods Coalition and Clearwater Beach Association Presenter: Mark T. Parry, AICP, Planner III See below for motion of approval 3. Case: FLD2015-03009 - 1140 Court Street Level Two Application Owner: City of Clearwater Agent: Tara Kivett; City of Clearwater Engineering Department 000 South Myrtle Ave; Clearwater, FL 33576; phone: (727) 562-4758; email: Cara.kivett(o-)-myclearwater.com) Location: 2.19 acres at the northwest corner of Court Street and South Madison Avenue Atlas Page: 287A Community Development Special 6/4/2015 2 Existing Zoning: Downtown (D) District Request: As noted in the regular agenda of the Community Development Board. Proposed Use: Governmental Use Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Kevin W. Nurnberger, Planner III Chair Barker declared a conflict of interest See below for motion of approval 4. Case. FLD2015-03010- 1188 Mandalay Point Level Two Application Owner: Richard and Jill Cope Agent: Peter Marich (410 South Lincoln Avenue, Clearwater, FL 33756; phone: 727- 461-2402; email: mar410(a)-verizon.net) Location: 0.94 acre on the west side of Mandalay Point approximately 140 feet south of the terminus of Mandalay Point Atlas Page: 227A Existing Zoning: Low Density Residential (LDR) District Request: As noted in the regular agenda of the Community Development Board. Proposed Use: Detached Dwelling Neighborhood Associations: Clearwater Neighborhoods Coalition and Clearwater Beach Association Presenter: Matt Jackson, Planner III See below for motion of approval 5. Case: FLD2015-03011- 711 Belcher Road Level Two Application Owner: Gregson Enterprises, LLC. Agent: Katie Cole; Hill Ward Henderson, P.A. (311 Park Place Boulevard, Clearwater, FL 33764; phone: 727-724-3900; email: katie.cole(a)-hwlaw.com) Location: 0.70 acre at the northeast corner of Belcher Road and Druid Road Atlas Page: 299A Existing Zoning: Office (0) District Request: As noted in the regular agenda of the Community Development Board. Proposed Use: Medical Clinic Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Matt Jackson, Planner III Chair Barker declared a conflict of interest See below for motion of approval Community Development Special 6/4/2015 3 Member Boutzoukas moved to approve Cases FLD2015-02007, FLD2015-02004, and FLD2015-03010 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 with conditions of approval as listed. The motion was duly seconded and carried unanimously. Member Allbritton moved to approve Cases FLD2015-03009 and FLD2015-03011 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, with conditions of approval as listed. Members Adelson, Boutzoukas, Allbritton, Lau, and Acting Member Funk voted "Aye." Chair Barker abstained. Motion carried. G. LEVEL TWO APPLICATIONS: (Item 1) 1. Case. FLD2015-03008- 801 Bay Esplanade Level Two Application Owner: William Blackwood Agent: Terri Skapik, Woods Consulting (1714 County Road 1, Suite 22, Dunedin, FL 34698; telephone 727-786-5747; email: terriskapik(a)-woodsconsulting.org) Location: 0.174 acre at the northeast corner of Bay Esplanade and Mango Street Atlas Page: 249A Existing Zoning: Low Medium Density Residential (LMDR) District Request: Flexible Development application to permit the construction of a new accessory use boat dock and boat lift for a single-family detached dwelling with a proposed length of 64.6 feet located within the Low Medium Density Residential (LMDR) Zoning District pursuant Section 3-601.C.1.g.iii of the Community Development Code. Proposed Use: Dock for existing Detached Dwelling. Neighborhood Associations: Clearwater Neighborhoods Coalition and Clearwater Beach Association Presenter: Melissa Hauck-Baker, AICP, Planner II No one requested Party Status. Terri Skapik submitted her resume and requested that the board accept her as an expert witness. Acting Member Funk moved to accept Terri Skapik as an expert witness in the fields of marina design and permitting and environmental resources assessment to include sea grass beds and protected benthic communities for the purpose of dock design and permitting. The motion was duly seconded and carried unanimously. Acting Member Funk moved to accept Melissa Hauck-Baker as an expert witness in the fields of comprehensive and redevelopment planning; zoning, historic preservation, land Community Development Special 6/4/2015 4 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 similar deviation would apply to applications that meet the same requirements. Impact on the waterway would be considered if an application was submitted for a dock extending farther into the channel. The City received this application from Pinellas County, the issuing authority. The permanent wooden structured roof over the boat lift complies with Code and will be permitted. The covered boat lift will extend approximately 15 feet beyond the eastern edge of the dock to avoid prop washing the sea grass beds. The dock had to extend farther than 33.75 feet (1/2 waterfront property width) due to sea grass beds. Nearby properties have a variety of dock configurations and lengths. Terri Skapik, representing the applicant, discussed her education in Biology, Microbiology, Molecular Biology, her Master of Science in Hydrogeology, and her company's background and expertise. She said her firm rarely handles residential projects. She reviewed the process used to map the subject sea grass beds. She said in January, Pinellas County Environment Management recommended extending the dock 4 feet farther than she had proposed. She discussed February 2015 Code changes that allow homeowner docks to extend beyond sea grass beds. She said reflective stickers will be affixed to outer tie poles. The lift will hold a 28-30 foot boat. Concern was expressed that the dock's length could pose a safety hazard for boaters. Support was expressed for adding a condition of approval requiring reflective stickers on the covered boat dock pilings and outer tie pole pilings. Concern was expressed that a stranger may park at the dock. In response to questions, Ms. Skapik said the shape of the dock's t-head serves as a baffle against backwash. She said the dock will have hand rails. She said up to 2 vessels will be able to use the dock at the same time, with one on the boat lift and the other, a shallow draft vessel with a maximum 38 foot length, mooring by the tie poles. She said property owners control who parks at their private docks. She said the tie poles will be 114 feet from the shoreline. She said determining the exact location where boats will not disrupt sea grass beds was not scientific but based on practical experience; the County recommended a larger buffer. One resident spoke in support of the application. Harbormaster Bill Morris provided an aerial view of docks south of the subject property that extend farther into the channel. He said tie poles and docks are required to have 6- Community Development Special 6/4/2015 5 inch wide reflective tape. He supported the application and complimented Ms. Skapik's work on the project. Applicant William Blackwood submitted two letters of no objection from neighbors. Discussion ensued regarding the scientific measurement of minimum separation between sea grass beds and boat propellers. It was stated that experts need to make that judgment. It was noted that the size of sea grass beds fluctuates throughout the area. It was stated that the author of the letter of objection had provided no expert testimony. Member Boutzoukas moved to approve Case FLD2015 -03008 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 plus a condition requiring appropriate reflective markings be affixed to the outermost pilings of the boathouse and tie poles. The motion was duly seconded and carried unanimously. H. ADJOURN The meeting adjourned at 2:20 p.m. Chair Community Development Board Community Development Special 6/4/2015 6 b FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, IVIUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS _ARc,couNcti,,c M AUTHORITY, OR GO"‘"irrEE 4t, , ,orsvipiN T NAM —MDDLA CITY lei#141„14-tir. OAT E 04 WHICH VOTE OCCURRED' COI) TY jap 40,--- 337( THE BOARD, COUNCIL, COM iOJ , AUTHORITY OR 0),AlkilITTEE ON 'WHICH I $ERVE1S A UNIT OF: I:COUNTY DoTHzR LOCAL AGE.Nce 4 E OF POLITICAL auDoivISION: WHO MUST FILE FORM 8B A This ICTrITI IS for use by any person Serving at filehdotinty, city, or other local level of government on ane.Olobirifeetior elegled board; Mundt, cormnission, authority, or committee. It applies equally to membeis of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Ftcrida 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 instruction or 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 Ms or her special private gain or loss. Each elected or appOinted local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss 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 prNate gain Or loss of a relative; ui 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 copocity, For purposes of this law, a 'relative' includes only the officer's father, mother, son, daughter, hOsband, 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). , * * , . * . * 4 dr tr 4 ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you Must disclose the conflict: PRIOR TO THE VOTE ONO 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 rospOnsible for recording the min UteS Of the meeting, whOshould incorporate the form in the minutes. , * . . . * * * * . * , APPOINTED OFFICERS: Although you must abstain frOM voting in the situations desetibed 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 IN f END TO MAKE ANY ATTEMPT TO INFLUENCE THE DECIS ION 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 inourpoiate 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 134;441bulgiciyi:alltaiDetrtlifelitog aftlatifieqorra is filed, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSIPNAT THE MEETING: You must disclose orally the nature of your conflict in the measure berme participating. You must complete the foitil and file it within 15 clays after the vote ocou4iivith ille''person.''reonsib140- relcei,dirtgliefiAute; 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 Ned. DISCLOSURE OF LOCAL OFFICER'S INTEREST �-3. hereby disclose that on -13--/.4. PI I , 20 (a) A measure came or will come before my agency which (check ono) .c.5Vinureci to my special. private gain or loss: inured to the special gain Of 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 . 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: )980/5- x(km -14,12- ay,/ ilwA/` flcord 7‘'r ,6071-A. p r vFS Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §,112.31 7, 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 FOR OI BB - EFF. 1r2000 PAGE 2 Clearwater Interdepartmental Correspondence Sheet TO: Community' Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for May 19, 2015 DATE: May 14, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting April 21, 2015 Agenda LEVEL TWO APPLICATIONS (ITEMS 6) 1. Case: FLD2015 -02007 —1822 Drew Street Mark Parry Planner III Yes No 2. Case: FLD2015- 02004— 630 South Gulfview Boulevard Mark Parry, Planner III Yes X No 3. Case: FLD2015 -03009 —1140 Court Street Kevin Nurnberger, Planner III Yes No 4. Case: FLD2015-03010— 1188 Mandalay Point Matt Jackson, Planner III Yes X No 5. Case: FLD2015- 03011— 711 Belcher Road Matt Jackson, Planner III Yes No 6. Case: FLD2015- 03008— 801 Bay Esplanade Melisa Hauck - Baker, Planner II Yes No I have conducted a personal 'nvestigation on the personal site visit to the following properties. Signature: _.„4/111 Date: r PRINT NAME S:\Planning Department'C D B.- Igenda5 DRC CDB'CDB\2015105 ay 20/5 / Cover atES10 2015.doc } Ckarwater CJ Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist. /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for May 19, 2015 DATE: May 14, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting April 21, 2015 Agenda LEVEL TWO APPLICATIONS (ITEMS 6) 1. Case: FLD2015 -02007 —1822 Drew Street Yes No Mark Parry Planner III 2. Case: FLD2015 -0200 630 South Gulfview Boulevard Mark Parry, Planner IH Yes No 3. Case: FLD2015 -03009 — 0 Court Street Kevin Nurnberger, Planner IH Yes No 4. Case: FLD2015- 03((010 -1188 Mandalay Point Matt Jackson, Planner III Yes / (rt ec 04 No 5. Case: FLD2015- 03011 — 711 Belcher Road Matt Jackson, Planner III Yes V No 6. Case: FLD2015- 03008— 80i1'Bay Esplanade Melisa Hauck - Baker, Planner II Yes 1 have conclude a per ; nal im stia ion on the personal site visit to the following properties. Signature: �_ , Date: No /to /S- S: Planning Deparhnent'C D B Agendas DRC & CDB'CDB`2015 -05 .Mar 2015 1 Cover :11E:11O 2015.doc } arwater Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for May 19, 2015 DATE: May 14, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting April 21, 2015 Agenda LEVEL TWO APPLICATIONS (ITEMS 6) 1. Case: FLD2015 -02007 —1822 Drew Street Mark Parry Planner III Yes • No 2. Case: FLD2015- 02004— 630 South Gulfview Boulevard Mark Parry, Planner III Yes Y No 3. Case: FLD2015 -03009 —1140 Court Street Kevin Nurnberger, Planner III Yes No 4. Case: FLD2015- 03010 -1188 Mandalay Point Matt Jackson, Planner III Yes ) No 5. Case: FLD2015- 03011— 711 Belcher Road Matt Jackson, Planner III Yes No 6. Case: FLD2015- 03008— 801 Bay Esplanade Melisa Hauck- Baker, Planner II Yes \ No I have conducted a personal investigation on the personal site visit to the followinb properties. Signature: ��� Date: S. ;Planning Department C D B Bend s DR( n CDB .CDB' 2015.05 May 2015`1 Cover ,MEMO 20i 5./oc i2aat Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for May 19, 2015 DATE: May 14, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting April 21, 2015 Agenda LEVEL TWO APPLICATIONS (ITEMS 6) 1. Case: FLD2015 -02007 —1822 Drew Street Mark Parry Planner III Yes No 2. Case: FLD2015- 02004— 630 South Gulfview Boulevard Mark Parry, Planner III Yes No 3. Case: FLD2015 -03009 —1140 Court Street Kevin Nurnberger, Planner III Yes J No 4. Case: FLD2015-03010— 1188 Mandalay Point Matt Jackson, Planner III 1✓ Yes 5. Case: FLD2015- 03011— 711 , her Road Matt Jackson, Planner III Yes No 6. Case: FLD2015- 03008— 801 Bay Esplanade Melisa Hauck - Baker, Planner II Yes I have conducted perso Signature: ``.... Date: 6 /"/ 1IY/C No al investigation on the personal site visit to the following properties. PRINT NAME S.'?Planning Department C D 13 - gcndas DR(' & CDB `:CDB2015 05 May 2015'1 Corer 1.1E 11O 201.doc Clearwater Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for May 19, 2015 DATE: May 14 2015 CDB packets being dstrikfluted contain the following: Site investigation form Unapproved minutes of previous meeting April 21, 2015 Agenda LEVEL TWO APPLICATIONS (ITEMS 6) 1. Case: FLD2015 -02007 —1822 Drew Street Mark Parry Planner III Yes X No 2. Case: FLD2015- 02004— 630 South Gulfview Boulevard Mark Parry, Planner IH Yes X No 3. Case: FLD2015 -03009 —1140 Court Street Kevin Nurnberger, Planner III Yes x No 4. Case: FLD2015-03010— 1188 Mandalay Point Matt Jackson, Planner III Yes 5. Case: FLD2015- 03011— 711 Belcher Road Yes No Matt Jackson, Planner III No 6. Case: FLD2015- 03008— 801 Bay Esplanade Melisa Hauck - Baker, Planner II Yes I have conducted a , er Signature: No al investigation o the ,ersonal site visit to the ollowina pro erties. Date: r f ars ar)(e. " PRINT NA E S :'Planning Depanment'C D B_ geudas DRC fi CDB'CDB'2015;05 Hay 2015 1 Cover:11£9JO 2015.doc