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08/18/2015 COMMUNITY 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 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 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) 1. 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 Existing Zoning: Tourist (T) District Community Development 8/18/2015 1 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. Parry, 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) Zoning District pursuant 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 See below for motion of approval. Community Development 8/18/2015 2 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 Page: 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 Neighborhood Associations: Clearwater Neighborhoods 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. Proposed Use: Parking Garage Community Development 8/18/2015 3 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. Community Development 8/18/2015 4 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. Chai Community Development Board Community Development 8/18/2015 5 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRS E -M DDLE NAME SA �+ -h l� oar NAME OF BOARD COU IL, COMMISSION, AUTHORITY OR COMMITTEE 6� 1 / C .�r�.�,� r c �.� -�" MAILIN ADDR SS Gj O X v 5� � ^ ^ ri�j t�COUNTY 7 THE BO D, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHIC I SERVE IS A UNIT OF: ' ' ❑COUNTY MOTHER LOCAL AGENCY CITY C 1A-WA-1'6 COUNTY / „ /' iil r (JL J NAME OF POLI C SUBDIVISION c ho ArAmter DATE ON WHICH VOTE OCCURRED MY POSITION IS: �/ • ELECTIVE 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 oraeleoted,board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting 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 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 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) 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 I, griah Gt l'lc , hereby disclose that on //g/ , 20 (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 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: pvt c- 16ye'r E the &-r�yy prhJ y Stt ✓ /'Ce S1 r- Ca it i 12o/5- D©5 /8-- Date Filed Signature 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 $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 TO FROM COPIES. Clearwater U Interdepartmental Correspondence Sheet Community Development Board Members Robert Tefft, Development Review Manager Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT, Agenda Items for August 18, 2015 DATE August 13, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting July 21, 2015 CONTINUED FROM THE MEETING OF JULY 07, 2015 (Items 1) 1. Case. DVA2014- 06001A — 483 Mandalay Avenue Presenter: Kevin Nurnberger LEVEL TWO APPLICATIONS (ITEMS 1 -3) 1. Case: FLD2015- 5018— 321 Coronado Drive Presenter: Mark Parry Yes V No 2. Case: FLD2015 -0)019 — 839 Bay Esplanade Presenter: Melissa Hauck -Baker Yes V No 3. Case: FLD2015 -9 026— 926 Cleveland Street Presenter: Melissa Hauck -Baker Yes No I have conducted a personal investigation on the personal site visit to the following properties. \ ,$) i s Signature: : Date: oa PRINT NAME S:\Planning Department\C D B1Agendas DRC & CDBICDB12015108 August 201511 Cover MEMO 2015.doc TO, FROM COPIES: LL } Ckamter U Interdepartmental Correspondence Sheet Community Development Board Members Robert Tefft, Development Review Manager Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for August 18, 2015 DATE, August 13, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting July 21, 2015 CONTINUED FROM THE MEETING OF JULY 07, 2015 (Items 1) 1. Case: DVA2014- 06001A — 483 Mandalay Avenue Presenter: Kevin Nurnberger LEVEL TWO APPLICATIONS (ITEMS 1 -3) 1. Case: FLD2015005018— 321 Coronado Drive Presenter: Mark Parry Yes V No 2. Case: FLD2015i05019 — 839 Bay Esplanade Presenter: Melissa Hauck -Baker Yes ,Y/ No 3. Case: FLD2015t06026— 926 Cleveland Street Presenter: Melissa Hauck -Baker Yes V No I have conducted a per .nal investigation on the personal site visit to the following properties Signature: USz,w ) cam- ' Date titefrotil S:\Planning Department\C D BlAgendas DRC & CDBICDBI2015\08 August 2015\1 Cover MEMO 2015.doc TO FROM COPIES: Clearwater Interdepartmental Correspondence Sheet Community Development Board Members Robert Tefft, Development Review Manager Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT, Agenda Items for August 18, 2015 DATE August 13, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting July 21, 2015 CONTINUED FROM THE MEETING OF JULY 07, 2015 (Items 1) 1. Case: DVA2014- 06001A — 483 Mandalay Avenue Presenter: Kevin Nurnberger LEVEL TWO APPLICATIONS (ITEMS 1 -3) 1. Case: FLD201\5/- 005018— 321 Coronado Drive Presenter: Mark Parry Yes J( No 2. Case: FLD2015 -05019 — 839 Bay Esplanade Presenter: Melissa Hauck -Baker Yes No 3. Case: FLD20 1 5- 06026— 926 Cleveland Street Presenter: Melissa Hauck -Baker Yes No I have conducted a personal investigation on the personal site visit to the following properties Signature: Date: 005 �r iQ Aot rk&,r- PRINT NAME S:\Planning Department\C D BlAgendas DRC & CDBICDBI2015108 August 201511 Cover MEMO 2015.doc TO FROM COPIES. } Clearwater U Interdepartmental Correspondence Sheet Community Development Board Members Robert Tefft, Development Review Manager Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for August 18, 2015 DATE. August 13, 2015 CDB packets being distributed contain the following. Site investigation form Unapproved minutes of previous meeting July 21, 2015 CONTINUED FROM THE MEETING OF JULY 07, 2015 (Items 1) 1. Case. DVA2014- 06001A — 483 Mandalay Avenue Presenter: Kevin Nurnberger LEVEL TWO APPLICATIONS (ITEMS 1 -3) 1. Case: FLD201 5- 005018— 321 Coronado Drive Presenter: Mark Parry Yes t, No 2. Case: FLD201 5 -05019 — 839 Bay Esplanade Yes f No Presenter: Melissa Hauck -Baker LL 3. Case: FLD2015- Q6026— 926 Cleveland Street Presenter: Melissa Hauck -Baker Yes V No I have conducted a per .nal estigationnoon the personal site visit to the following properties Signature: q Dater 3--r) Iv-1 fvz_ PRINT NAME S:\Planning Department\C D BlAgendas DRC & CDBICDBI2015108 August 201511 Cover MEMO 2015.doc 4 : Cleamater 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 August 18, 2015 DATE August 13, 2015 CDB packets being distributed contain the following: Site investigation form Unapproved minutes of previous meeting July 21, 2015 CONTINUED FROM THE MEETING OF JULY 07, 2015 (Items 1) 1. Case: DVA2014- 06001A - 483 Mandalay Avenue Presenter: Kevin Nurnberger LEVEL TWO APPLICATIONS (ITEMS 1 -3) 1. Case: FLD2015- 005018- 321 Coronado Drive Yes �/ No Presenter: Mark Parry 2. Case: FLD2015- 019 - 839 Bay Esplanade Presenter: Melissa Hauck -Baker Yes ✓ No 3. Case: FLD2015- 6026- 926 Cleveland Street Presenter: Melissa Hauck -Baker Yes v No I have conducted a• -rso a1 in ve • i on on the personal site visit to the following properties Signature: /4., A M& Date, e/ 1' / 2U / .T- y PRINT NAME S:\Planning Department\C D BlAgendas DRC & CDBICDBI2015108 August 201511 Cover MEMO 2015.doc