MINUTES FOR APPROVAL - 08/18/2015COMMUNITY DEVELOPMENT MEETING MINUTES
CITY OF CLEARWATER
August 18, 2015
Present: Chair Brian A. Barker, Vice Chair David Allbritton, Board Member Michael
Boutzoukas, Board Member Christopher J. Anuszkiewicz, Board Member Mary A. Lau,
Board Member John Funk, Alternate Board Member Empty Seat
Absent: Board Member Richard Adelson
Also Present: Jay Daigneault - Attorney for the Board, Dick Hull - Assistant City
Attorney, Michael L. Delk - Planning & Development Director, Gina Clayton - Assistant
Planning & Development Director, Robert Tefft - Planning Manager, Patricia O. Sullivan
- Board Reporter
AWAITING APPROVAL
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, Vice Chair Allbritton, Members Adelson,
Anuszkiewicz, Boutzoukas, Funk, Lau, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: July 21, 2015
Member Boutzoukas moved to approve the minutes of the July 21, 2015 Community
Development Board meeting as submitted in written summation. The motion was duly
seconded and carried unanimously.
D. CITIZENS TO BE HEARD RE: ITEMS NOT ON THE AGENDA: None.
E. 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 -3)
Case: FLD2015- 005018— 321 Coronado Drive Level Two Application
Owner: 321 Coronado Dr., LLC
Agent: Alex Plisko; Alex Plisko Architecture, P.A. (800 -A Drew Street,
Clearwater, FL 33555; phone: (727) 442 -7200; email:
apncgator(aD_tampabay. rr.com)
Location: 0.15 acre on the east side of Coronado Drive approximately 185 feet
north of Brightwater Drive.
Atlas Page: 276A
Community Development 8/18/2015
Existing Zoning: Tourist (T) District
Request: Flexible Development approval to permit a 1,090 square -foot Alcoholic
Beverage Sales use in the Tourist (T) District with a lot area of 0.15 acres, a lot
width of 50 feet, a front (west) setback of 10 feet (to building) and zero feet
(patio), a side (north) setback of four feet (to existing building) and zero feet (to
patio), a side (south) setback of 11 feet (to existing building), 23 feet (to carport),
five feet (to solid waste area) and zero feet (to pavement), a rear (east) setback
of 63 feet (to existing building), five feet (to shed and carport) and zero feet (to
pavement and solid waste area), a building height of 23 feet and four parking
spaces, as a Comprehensive Infill Redevelopment Project under the provisions
of Community Development Code (CDC) Section 2- 803.D.
Proposed Use: Alcoholic Beverage Sales
Neighborhood Associations: Clearwater Neighborhoods Coalition and
Clearwater Beach Association
Presenter: Mark T. Parrv. AICP. Senior Planner
Chair Barker declared a conflict of interest
Member Allbritton moved to approve Case FLD2015 -05018 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
Boutzoukas, Allbritton, Anuszkiewicz, Lau, and Funk voted "Aye "; Chair Barker
abstained. Motion carried.
2. Case. FLD2015 -05019 — 839 Bay Esplanade Level Two Application
Owner: Julie A. Bills
Agent: Speeler Foundations, Inc. (6111 142nd Avenue N, Clearwater, FL 33760;
phone: (727) 535 -5735; email: heather(o-)-speeler.com)
Location: 0.212 acre subject property is located on the eastern side of Bay
Esplanade at the southeastern corner of the termination of Gardenia Street with
the Mandalay Channel.
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 lifts for a single - family detached dwelling with
a proposed length of 81 feet and a reduced side (north) setback for a boatlift to
7.67 feet where 10 feet is required within the Low Medium Density Residential
(LMDR) Zonina District aursuant CDC Section 3- 601.C.1.
Proposed Use: Boat dock and lifts
Neighborhood Associations: Clearwater Neighborhoods Coalition and
Clearwater Beach Association
Presenter: Melissa N. Hauck - Baker, AICP, Senior Planner
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See below for motion of approval.
3. Case: FLD2015- 06026— 926 Cleveland Street Level Two Application
Owner: Boses Florida Collections, LLC
Agent: Katherine E. Cole, Esq., Hill Ward Henderson (600 Cleveland Street,
Suite 800, Clearwater, FL 33755; phone: (727) 724 -3900; email:
katie. cole(o-)-hwh law. com)
Location: 0.23 acre subject property is located at the northeast corner of
Cleveland Street with Booth Avenue.
Atlas Paae: 287A
Existing Zoning: Downtown (D) District
Request: Flexible Development application to allow an indoor recreation
entertainment facility with a reduction in the required parking from nine spaces to
six spaces, under the provisions of CDC Section 2 -903.D and elimination of the
required foundation landscaping and reduced interior landscape requirements as
a Comprehensive Landscape Program pursuant to CDC Section 3- 1202.G.
Proposed Use: Indoor recreation /entertainment
Neiahborhood Associations: Clearwater Neiahborhoods Coalition
Presenter: Melissa N. Hauck - Baker, AICP, Senior Planner
Member Boutzoukas moved to approve Cases FLD2015 -05019 and FLD2015 -06026 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, including amended Condition of
Approval #6 for Case FLD2015 -06026 to read, "That a fence /wall will be installed along
the entire perimeter of the site with gated entrances off of Cleveland Street and Booth
Avenue with signage alerting caution to pedestrian crossings." The motion was duly
seconded and carried unanimously.
F. CONTINUED FROM MEETING OF JULY 07,2015: (Item 1)
1. Case. DVA2014- 06001A — 483 Mandalay Avenue Level Three Application
Owner: PV- Pelican Walk, LLC
Agent: Brian Aungst, Jr., Esq., MacFarlane Ferguson & McMullen (625 Court
Street, Suite 200, Clearwater, FL 33756; phone: 727 - 444 -1403; email:
bia(a)-macfar.com)
Location: 1.68 acres on the west side of Poinsettia Ave., approximately 65 feet
south of Baymont St.
Atlas Page: 267A
Zoning: Tourist (T) District
Request: Review of, and recommendation to the City Council, of the First
Amended and Restated Development Agreement between PV- Pelican Walk LLC
(the property owner) and the City of Clearwater for the property located at 483
Mandalay Avenue.
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Proposed Use: Parking Garage
Neighborhood Associations: Clearwater Neighborhoods Coalition and
Clearwater Beach Association
Presenter: Kevin W. Nurnberger, Senior Planner
Senior Planner Kevin Nurnberger reviewed the Staff Report. The City agreed to
business terms in the First Amendment and Restated Development Agreement. Staff
recommended approval of the revised development agreement proposal.
Applicant Attorney Brian Aungst said in 2014, the CDB (Community Development
Board) had recommended approval of the original Development Agreement. He
distributed an exhibit and reviewed proposed amendments: 1) eliminate City's obligation
to provide public parking reconciliation payments to Paradise; 2) increase parking to
702 spaces; 3) extend City's option to purchase additional spaces; 4) City has absolute
out of Development Agreement and Purchase Agreement if it does not agree to
Condominium Documents; 4) extend construction commencement date to on or before
October 1, 2015; and 5) extend closing date for City's purchase of its condominium unit
to on or before November 15, 2016.
Attorney Aungst reviewed proposed areas of agreement for Condominium Documents;
1) City to have 57% of Condominium Association vote; simple majority required for most
decisions; 2) City to have 64.5% of Parking Committee vote; simple majority required for
most decisions; 3) garage management and operation to be based on initial Parking
Management Plan developed by Park Simple; 4) parking garage to have 24- hour /7 -day
week staffing; 5) trained security employee to be present in garage every night between
9:00 P.M. and 7:00 a.m.; 6) 70% vote of Parking Committee required to alter Parking
Management Plan; 7) Paradise agrees to Security Plan developed by City independent
consultant Tim Haahs; 8) 60% vote of Condominium Association required to increase
security required in Haahs Security Plan; and 9) garage to have state -of -art passive and
active security features with 24- hour /7 -day week live monitored and recorded security
cameras, two -way emergency communication devises (Blue lights and /or 911 call
boxes), and open and transparent elevators and stairwells.
Attorney Aungst said the City had agreed to the Condominium Documents. He said the
project was shovel ready; precast concrete was being produced. He estimated
construction would be completed by July 15, 2016.
Attorney Aungst said the parking garage complied with Beach by Design and discussed
the need for additional spaces on Clearwater Beach due to loss of parking spaces.
At Attorney Aungst's request, approximately 15 people in the audience stood in support
of the project.
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In response to a question, Bill Fisher, of Fisher & Associates, said additional parking
spaces were added by eliminating the planned cantilever of the side of the garage
adjacent to Pelican Walk, relocating interior columns to supporting walls, and restriping
spaces.
William Day expressed concern that driving pilings during construction would damage
his properties. He said test pilings already created cracks on his pool deck and to other
areas. He recommended pilings be drilled and poured.
Surendra Sagi, of Universal Engineering Sciences, said pre and post construction
surveys will be done for all buildings that could be affected by construction activities. He
said vibration monitoring will occur and the threshold for pile driving will be limited to 0.5
inches per second; guidelines permit up to 1.2 inches per second.
Attorney Aungst said the developer takes the quality of construction seriously and will
not cut corners. He said Pelican Walk, adjacent to the project, has had no damage.
Member Funk moved to recommend approval of Case DVA2014- 06001A 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. ADJOURN
The meeting adjourned at 1:32 p.m.
Attest
Board Reporter
Chair
Community Development Board
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