11/17/2015 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
November 17, 2015
Present: Chair Brian A. Barker, Vice Chair David Allbritton, Board Member Richard
Adelson, Board Member Christopher J. Anuszkiewicz, Board Member Mary A. Lau,
Board Member John Funk, Acting Board Member John Quattrocki
Absent: Board Member Michael Boutzoukas
Also Present: Jay Daigneault - Attorney for the Board, Camilo Soto - Assistant City
Attorney, Michael L. Delk - Planning & Development Director, Gina Clayton - Assistant
Planning & Development Director, Robert Tefft— Planning Manager, Lauren Matzke -
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. CITIZENS TO BE HEARD, RE: ITEMS NOT ON THE AGENDA - None
D. 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- 9):
1. Case. FLD2015-07027 — 700 South Gulfview Boulevard Level Two Application
Owner: E&A Properties, LLC
Applicant: Brian Aungst, MacFarlane, Ferguson and McMullen, P.A. (625 Court
Street, Clearwater, FL 33756; phone: 513-241-3000; email: bia(a)-macfar.com)
Location: 2.02 acres at the northwest corner of South Gulfview Boulevard and
Gulf Boulevard
Request: The Community Development Board is reviewing a change of use from
retail to restaurant within an existing retail plaza in the Tourist (T) District for the
Property located at 700 South Gulfview Boulevard. The project requests
allowable flexibility from parking requirements (Section 2-803).
Neighborhood Associations: Clearwater Neighborhoods Coalition and
Clearwater Beach Association
Presenter: Matt Jackson, Senior Planner
See below for motion to approve.
Community Development 11/17/2015 1
2. Case. FLD201 5-08033 — 400 Mandalay Avenue Level Two Application
Owner: John S Taylor Properties, LLC
Applicant: James Stapleton, FRCH Worldwide (311 Elm Street, Cincinnati, OH
45202; phone: 513-241-3000; email: cistapleton(a)-frch.com)
Location: 10.12 acres at the southwest corner of Mandalay Ave. and Papaya St
Request: The Community Development Board is reviewing the construction of an
elevated vehicular drop-off and Porte cochere, renovations to the existing pool
deck, and new awnings in the Tourist (T) District for the Hilton hotel property
located at 400 Mandalay Avenue. The project requests allowable flexibility from
setback and landscape requirements (Sections 2-803, 3-905.0 and 3-1202.G).
Neighborhood Associations: Clearwater Neighborhoods Coalition and
Clearwater Beach Association
Presenter: Matt Jackson, Senior Planner
See below for motion to approve.
3. Case. FLD2015-08030 — 23837 US Highway 19 N Level Two Application
Owner: Gilbert G. Jannelli
Applicant: Craig Tennant (904 Highview Drive, Palm Harbor, FL 34683; phone-
727-418-1670; email: ten nantcraig(a)-aol.com)
Location: 1.042 acres at southeast corner of US Highway 19 N and South Dr
Request: The Community Development Board is reviewing a proposed vehicle
sales use in the Commercial (C) District for the property located at 23837 US
Highway 19 N. The project is 14 feet in height, includes 21 parking spaces, and
requests allowable flexibility from setback and landscape requirements (Sections
2-704 and 3-1202.G).
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Melissa Hauck-Baker, AICP, Senior Planner
See below for motion to approve.
4. Case: FLD2015-08032 — 2727 Daniel Street Level Two Application
(Related to LUP2015-08002 and REZ2015-08001)
Owner: Richard Heiden
Applicant: Michael J. Palmer, P.E.; Synergy Civil Engineering, Inc. (3000 Gulf to
Bay Boulevard, Suite 201, Clearwater, FL 33579; phone: 727-796-1926; email:
mpalmer(a)-synergycivilenq.com)
Location: 0.21 acre at southeast corner at intersection of Charles Avenue and
Daniel Street
Request: The Community Development Board is reviewing a proposed office use
in the Office (0) District for the property located at 2727 Daniel Street. The
project is 20 feet in height, includes seven parking spaces, and requests
allowable flexibility from setback requirements (Section 2-1004).
Neighborhood Association: Clearwater Neighborhoods Coalition
Community Development 11/17/2015 2
Presenter: Kevin W. Nurnberger, Senior Planner
See below for motion to approve.
5. Case: FLD201 5-09035 — 400 Cleveland Street Level Two Application
Owner: Moises Agami; 400 Cleveland, LLC
Applicant: Michael J. Palmer, P.E.; Synergy Civil Engineering, Inc. (3000 Gulf to
Bay Boulevard, Suite 201, Clearwater, FL 33579; phone: 727-796-1926; email:
mpalmer(a)-synergycivilenq.com)
Location: 0.746 acre at northeast corner of Cleveland St and N. Osceola Avenue
Request: The Community Development Board (CDB) is reviewing a change to a
Previously approved site plan (FLD2013-03008) in the Downtown (D) District for
the property located at 400 Cleveland Street. The project includes a change from
surface parking to a two-story parking garage 31 feet in height attached to the
north side of the existing building it will serve (currently under renovation). The
project also includes an increase in height from 138 feet to 144 feet and a
decrease from 52 dwelling units to 40 dwelling units as well as a two-year
Development Order (Sections 2-903 and 4-407).
Neighborhood Associations: Clearwater Neighborhood Coalition and Clearwater
Downtown Neighborhood Association
Presenter: Mark T. Parry, AICP, Senior Planner
See below for motion to approve.
6. Case: LUP201 5-08002 — 2727 Daniel Street (Related to FLD2015-08032 and
REZ2015-08001) Level Three Application
Owner: Richard Heiden
Applicant: Michael J. Palmer, P.E.; Synergy Civil Engineering, Inc. (3000 Gulf to
Bay Boulevard, Suite 201, Clearwater, FL 33759; phone: 727-796-1926; email:
mpalmer(a)-synergycivilenq.com)
Location: 0.209 acre located on the southeast corner of Daniel Street and
Charles Avenue, approximately 415 feet west of McMullen Booth Road
Request: To amend the Future Land Use Map from Residential Urban (RU) to
Residential/Office General (R/OG).
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Katie See, Senior Planner
See below for motion to recommend approval.
7. Case. REZ2015-08001 — 2727 Daniel Street (Related to FLD2015-08032 and
LUP2015-08002) Level Three Application
Owner: Richard Heiden
Applicant: Michael J. Palmer, P.E.; Synergy Civil Engineering, Inc. (3000 Gulf to
Bay Boulevard, Suite 201, Clearwater, FL 33759; phone: 727-796-1926; email:
Community Development 11/17/2015 3
mpalmer(a)-synergycivilenq.com)
Location: 0.209 acre located on the southeast corner of Daniel Street and
Charles Avenue, approximately 415 feet west of McMullen Booth Road.
Request: To amend the Zoning Atlas from Low Medium Density Residential
(LMDR) to Office (0).
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Katie See, Senior Planner
See below for motion to recommend approval.
8. Case. REZ2015-09003 — 26508 US Highway 19 N Level Three Application
Owner: WPG Countryside LLC
Applicant: Katherine E. Cole, Esq., Hill Ward Henderson (600 Cleveland Street,
Suite 800, Clearwater, FL 33755; phone: 727-259-6791; email:
katie.cole(o-)-hwh law.com)
Location: 3.346 acres located on the southwest corner of US Highway 19 N and
Countryside Boulevard
Request: To amend the Zoning Atlas from Tourist (T) to Commercial (C)
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Katie See, Senior Planner
Member Funk moved to approve Cases FLD2015-07027, FLD2015-08033, FLD2015-
08030, FLD2015-08032, and FLD2015-09035 and recommend approval of Cases
LUP2015-08002, REZ2015-08001, and REZ2015-09003 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, except 1) Case FLD2015-08033 - condition of
approval 6 replaced via Exhibit FLD2015-08033 memorandum and 2) Case FLD2015-
08030 - 9 conditions of approval as listed in Exhibit FLD2015-08030 memorandum. The
motion was duly seconded and carried unanimously.
9. PULLED FROM CONSENT AGENDA
Case: TA2015-08005 —Amendments to the Clearwater Community
Development Code Level Three Application
Applicant: City of Clearwater
Request: Review and recommendation to the City Council, of an amendment to
the Community Development Code.
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Robert G. Tefft, Development Review Manager
Development Review Manager Robert Tefft reviewed the staff report.
Community Development 11/17/2015 4
In response to questions, Mr. Tefft said the Development Review Committee was a staff
level committee. Amendments only would affect future development and would not
impact past cases. Brewery production levels were limited by the State.
Member Funk moved to recommend approval of Case TA2015-08005 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.
E. LEVEL THREE APPLICATIONS (Items 1- 3):
1. Case: LUP201 5-09003 — 2425 McMullen-Booth Road (Related to REZ2015-
09002) Level Three Application
Owner: Kim A. Preedom Trust; Randall R. Preedom Trust
Applicant: Claire Clements (9804 West Park Village Drive, Tampa, FL 33576;
phone: 813-293-3719; email: Claire(a)-hrtampabay.com)
Location: 6.522 acres located on the west side of McMullen Booth Road
approximately 836 feet south of East Enterprise Road
Request: To amend the Future Land Use Map from Residential Low (RL)
(Pinellas County) to Institutional (I) (City of Clearwater) upon annexation.
Type of Amendment: Small scale
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Kyle Brotherton, Planner
Planner Kyle Brotherton reviewed the staff report.
Applicant Clair Clements reviewed plans for a senior living community, approximately
295,138 square-feet in size, to be constructed on the subject property to include 241
independent living residence units in 3- and 4-story towers with courtyard light well,
multiple dining venues, and 250 parking spaces. She said the 3- story towers, not the 4-
story towers, would be adjacent to the residential district. She said the property's rear
and sides would have a 6-foot solid fence and 12-foot heavily landscaped buffers. Ms.
Clements submitted a concept site plan for an assisted living and memory care facility.
Ms. Clements said she held a town hall meeting and met with neighbors to discuss their
concerns, including the fence. She said the project was making an effort to be a good
neighbor. She said an arborist had done a tree survey. She said a residential
community built on this site would be more intrusive to the adjoining community.
Planning & Development Director Michael Delk said this hearing was to consider
amending the Future Land Use Map and was not a site plan review.
Steve Allison, representing the applicant, said an Assisted Living Facility would
generate little traffic; ingress/egress to the facility would be via McMullen-Booth Road.
Community Development 11/17/2015 5
He said the applicant was committed to high quality design; the submitted design was
conceptual. He said the facility would have little associated noise. He said there was no
evidence the development would negatively affect nearby property values.
One person spoke in support of an independent living facility on the site and one person
was on the fence, concerned that the developer really would cooperate with neighbors.
One person opposed the proposed land use and one opposed annexing the property.
One person supported the proposed land use if building heights did not surpass 35 feet.
Four persons opposed the development, expressing concerns re loss of century old
trees and wild life, increased traffic, negative impacts on residential property values, and
frequent emergency vehicles that would disturb residents.
One person expressed concern u-turn restrictions on McMullen-Booth Road would result.
Mr. Delk said a project would not require CDB (Community Development Board)
approval if it met Code and setbacks proposed in the site plan exceeded minimum
development standards.
Senior Professional Engineer Patni Himanshu said it was premature to request a traffic
study as the City did not know the nature of the development. McMullen-Booth Road was
a County road; the City would need to work with the County re access and signal timing.
In response to a question, Mr. Delk said the property must be annexed for it to receive
City utilities. Mr. Brotherton said development of the property needed to go through the
City's process and meet Code standards. Assistant City Attorney Camilo Soto said this
case only requested that the subject property's FLUP (Future Land Use Plan) be
changed upon annexation from Residential Low (RL) to Institutional (I). In response to a
concern that a public office building or other uses could be constructed on property
zoned Institutional, Mr. Delk said the property was suitable for Institutional zoning to
serve as a transition between commercial and residential uses.
Todd Pressman, representing the Applicant, said the Staff Report indicated the FLUP
amendment was consistent with Table 3 (Consistency with Community Development
Code Standards).
Ms. Clements said the development would be a low traffic generator and she wanted to
work with neighbors re traffic. She said after studying the property, her team had
worked hard on a site layout that would create a nice building. She said neighbors could
determine the types of plants they wanted in the buffer. She said the development
wanted to be a good neighbor.
Community Development 11/17/2015 6
Discussion ensued with concerns expressed that the changed zoning would be
significantly more intense and impactful than current conditions and the site had ingress
and egress limitations. It was noted the applicant made an effort to meet with residents
and had expressed a willingness to work with them. It was commented that this type of
change had occurred throughout Clearwater as the City grew. With concern expressed
re possible intense uses on property zoned Institutional, it was hoped the developer
would work with neighbors to resolve conflict.
Member Lau moved to recommend approval of Case LUP2015-09003 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. Members Adelson, Allbritton,
Anuszkiewicz, Lau, and Acting Member Quattrocki, and Chair Barker voted "Aye";
Member Funk voted "Nay." Motion carried.
2. Case: REZ2015-09002 — 2425 McMullen Booth Road (Related to LUP2015-
09003) Level Three Application
Owner: Kim A. Preedom Trust; Randall R. Preedom Trust
Applicant: Claire Clements (9804 West Park Village Drive, Tampa, FL 33576;
phone: 813-293-3719; email: Claire(a)-hrtampabay.com)
Location: 6.522 acres located on the west side of McMullen Booth Road
approximately 836 feet south of East Enterprise Road
Request: To amend the Zoning Atlas from A-E, Agricultural Estate Residential
(Pinellas County) to Institutional (I) (City of Clearwater) upon annexation.
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Kyle Brotherton, Planner
Planner Kyle Brotherton reviewed the Staff Report.
Todd Pressman, representing the Applicant, said the Staff Report indicated the Zoning
Atlas amendment was consistent with Table 2. (Consistency with Community
Development Code Standards). He said the developer would work closely with neighbors.
One resident felt it was underhanded that the applicant's Town Hall Meeting notice did
not include the McMullen-Booth Road address for the Senior Living Facility and most
nearby residents were unaware of the location of this proposal and did not realize how
impactful changes would be.
Steve Allison, representing the applicant, said missing address information on the notice
was an oversight. He said the developer intended to get the word out and had been
encouraged that approximately 40 people were in attendance. Ms. Clements said the
meeting was posted on nearby Homeowner Association's FaceBook pages and more
meetings were planned. Mr. Delk said the City sent notices of today's meeting and the
property was posted.
Community Development 11/17/2015 7
In response to questions, Mr. Delk said an assisted living facility could be 50 feet in
height, while residential development was capped at 30 feet. Assistant Planning &
Development Director Gina Clayton said an independent living facility was not a permitted
use in Institutional Zoning; an Assisted Living Facility would be an allowable use.
Member Allbritton moved to recommend approval of Case REZ2015-09002 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. Members Adelson, Allbritton,
Anuszkiewicz, Lau, and Acting Member Quattrocki, and Chair Barker voted "Aye";
Member Funk voted "Nay." Motion carried.
3. Case. DVA2004-00004A— 2506 Countryside Boulevard Level Three Application
Owner: 25 Countryside West, LLC
Applicant: City of Clearwater
Location: 44.23 acres located at the northwest corner of Countryside Boulevard
and Enterprise Road
Request: Review and recommendation to the City Council, of the termination of
a Development Agreement between 25 Countryside West, LLC, (property
owner), and the City of Clearwater as well as termination of the associated
Declaration of Restrictive Covenants.
Neighborhood Associations: Clearwater Neighborhoods Coalition
Presenter: Matt Jackson, Senior Planner
Senior Planner Matt Jackson reviewed the Staff Report.
One resident said the original zoning change was made in conjunction with site plan
approval. He said as the zoning and site plan were connected, the site plan could not be
changed without reinstituting the previous zoning.
Member Funk moved to recommend approval of the termination of a Development
Agreement between 25 Countryside West, LLC (property owner), and the City of
Clearwater as well as termination of the associated Declaration of Restrictive Covenants
for Case DVA2004-00004A 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.
F. APPEAL (Items 1)
1. Case: APP2015-00002 — 1155 Charles Street
Owner/Applicant: Jeff and Diana Verdery (1155 Charles Street, Clearwater, FL
33755; phone: 727-447-3770; email: dverdery(d)-verizon.net)
Community Development 11/17/2015 8
Location: 0.27 acre located at the southeast corner of Charles Street and
Broadway Avenue
Zoning: Low Medium Density Residential (LMDR)
Request: An appeal, pursuant to Section 4-501.A.4., Community Development
Code, of the denial of a Tree Removal Permit (TRE2015-10027) to remove two
sycamore trees from the subject property pursuant to Section 3-1205,
Community Development Code.
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Matthew Anderson, Land Resource Specialist
Member Funk moved to accept Matthew Anderson as an expert witness in the fields of tree
protection in relation to construction, tree appraisal, inventory/ assessments, regulate
erosion and sediment control ordinance, to accept Ellen Crandall as an expert witness in
the fields of tree ordinance and Code Enforcement, zoning, site plan analysis, planning in
general, landscape ordinance, International Society of Arboriculture Certified Arborist,
International Society of Arboriculture Tree Risk Assessment Qualification, and to accept
Timothy Kurtz as an expert witness in the fields of tree ordinance, tree protection in relation
to design and construction, tree appraisal inventory/assessments, regulation of City tree
and vegetation in rights-of way, easements and City-owned properties, and project
management. The motion was duly seconded and carried unanimously.
Land Resource Specialist Matthew Anderson reviewed the Staff Report. The sycamore
tree, a desirable native species, increased the diversity of the City's urban tree canopy,
which was being protected for future generations. During his October 19, 2015 site visit,
Mr. Anderson determined the tree removal application should be denied as neither tree
met any listed criteria for removal. Both trees were planted in the right place. He
recommended the homeowners remove hanging branches and prune dead ones.
Land Resource Specialist Ellen Crandall reviewed the approved systematic assessment
method used to determine if trees were at risk. Following her assessment yesterday,
she determined both subject trees were healthy and should be preserved; their risk for
failure was low.
Senior Landscape Architect Timothy Kurtz said improper pruning resulted in a small
amount of decay on the eastern tree. He downgraded his rating of that tree to 4.5 and
rated the other tree 5.0, outstanding.
Property owner Jeff Verdery said his wife Diana lived at 1155 Charles Street since 1970
and planted the subject trees 20 years ago for shade, unaware of their vexing
characteristics. He said they were passionate about landscaping, planting 35 other trees
and spending thousands of dollars on yard improvements. He expressed concern one of
the sycamores was impeding the growth of a laurel oak.
Community Development 11/17/2015 9
Mr. Verdery said the sycamores required heavy maintenance as they constantly shed
leaves, branches, and seed pods. He said it was dangerous when the trees expelled live
branches, 3 to 4 inches in diameter and up to 12 feet in length; branches caught in the
tree heights posed a constant danger. He said the trees' leaves were huge and damaged
by nodes that caused curling and shedding. He said his yard, landscaping, and gutters
were always covered with leaves, which held enough water for mosquitoes to breed. He
said his property required weekly cleaning. He said fallen pods were dangerous when
stepped on, causing people to sprain their ankles and the pods broke apart as they aged,
spreading dust and aggravating allergies. He said the trees were too large for the
property, had not reached their potential heights, and unsuitable for the small front yard.
Mr. Verdery said the City did not plant sycamores on the causeway or by City buildings.
He said of 6,200 trees distributed on Arbor Days, none was a sycamore. He said denying
his tree removal application did not meet the spirit of the Code.
Property owner Diana Verdery said she made a poor decision when she planted the trees
but now she and her husband were enslaved up to 10 months a year cleaning up endless
debris. She referenced a letter from her neighbors indicating the trees' debris also was a
nuisance for them. She said if permitted to remove the trees, she and her husband
planned to replace them with acceptable alternatives. In response to a question from Mr.
Anderson, she said they had not contacted an arborist re removal.
In response to Ms. Verdery's questions, Mr. Anderson said City parks and City-owned
properties had sycamore trees but he could not comment on their locations. The
Municipal Services Building had insufficient room to plant sycamores. The State
determined which tree species were planted in the SR 60 (Gulf-to-Bay Boulevard) right-
of-way. Many tree species were self cleaning. Laurel oaks were less dense than
sycamores. The City did not maintain a list of desirable tree species. Species distributed
on Arbor Day were determined by resident preference. The location of the subject trees
was not problematic to the structure.
In response to Ms. Verdery's question re potential liability, Attorney Soto objected, stating the
answer was beyond Mr. Anderson's knowledge. He said Ms. Verdery's question re staff
recommending locations for residents to plant sycamore trees did not relate to the appeal.
City experts testified the subject trees were healthy and viable with little likelihood of failure.
Mr. Anderson said the onsite laurel oak was impacting the pathway and was much closer
to the structure than the sycamores. Property maintenance, mold, and mildew were not
codified reasons to remove trees.
In response to a question, Mr. Delk said the Code did not allow residents to pay a fee to
remove healthy trees.
Community Development 11/17/2015 10
Mr. Verdery said he was looking for relief from a life sentence of heavy maintenance from
two unwanted trees. He said he and his wife loved trees, just not the sycamores.
Requirements to overturn a staff decision were reviewed: "In order to grant an appeal,
overturning or modifying the decision appealed from, the Community Development Board
shall find that based on substantial competent evidence presented by the applicant or
other party that each and every one of the following criteria are met: 1) The decision
appealed from misconstrued or incorrectly interpreted the provisions of this development
code; and 2) The decision of the Community Development Board will be in harmony with
the general intent and purpose of this development code; and 3) the decision of the
Community Development Board will not be detrimental to the public health, safety, and
general welfare.
Discussion ensued with comments that although the Verdery's yard was beautiful, criteria
to overturn staffs decision were not met. It was recommended the Code needed a
mechanism to remove nuisance trees that were a struggle for residents to maintain and
the City needed to consider the needs of residential property owners and not just
commercial properties, especially when property owners were the ones who planted the
offensive trees. It was felt the Code needed to protect the health and safety of residents
from dangerous projectiles released by nuisance trees. It was noted that the Code
allowed property owners to remove trees when constructing swimming pools, or
expanding porches or driveways.
Staff was complimented on their educational presentation re the value of trees.
Member Funk moved to deny the appeal for Case APP2015 -00002 and affirm Staffs
denial of a tree removal permit application to remove two sycamore trees from the
subject property based on the evidence and testimony presented in the application, the
Staff Report and at today's hearing, and hereby adopt the Staffs 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 3:23 p.m.
Chair
Community Development Board
Community Development 11/17/2015 11
PLANNING & DEVELOPMENT
MEMORANDUM
kH!6/ l FLPa °'S - ° 33 H -er r d,
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562 -4567 FAX (727) 562 -4865
TO: Community Development Board
FROM: Matt Jackson, Senior Planner
RE: Change in recommended Conditions of Approval
FLD2015 -08033 — 400 Mandalay Avenue
DATE: November 17, 2015
Subsequent to sending out the Staff Report along with the recommended Conditions of Approval on
Pages 10 and 11, it was determined that condition of approval number six should be deleted.
6. That, prior to the issuance of any building permits, except for clearing and grubbing, demolition or
the provision of fill, if the existing parking lot is torn down to the base, redevelopment will be in
effect, and a grading and drainage plan shall be submitted for approval by City staff which provides
stormwater attenuation and meets water quality standards for redevelopment. Half credit will be
given for existing impervious area on site.
The Planning and Development Department continues to recommend APPROVAL of application
FLD2015- 08033, subject to the following conditions:
Conditions of Approval:
General/Miscellaneous Conditions
1. That the signage shown on the vertical awning support structures will be reviewed under separate
application;
2. That all irrigation systems be connected to the City reclaimed water system where available per
Clearwater Code of Ordinances, Article IX., Reclaimed Water System, Section 32.376. Reclaimed
water lines are available in the Mandalay Avenue right -of -way;
3. That application for a building permit be submitted no later than November 17, 2016, unless time
extensions are granted pursuant to CDC Section 4 -407;
Timing Conditions - Prior to Issuance of Permit
4. That, prior to the issuance of any permits for construction except for clearing and grubbing,
demolition or the provision of fill, all applicable requirements of Chapter 31 of the Building Code be
met:
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"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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5. That, prior to the issuance of any buildings except for clearing and grubbing, demolition or the
provision of fill, a grading and drainage plan be submitted and approved by City Staff with pond
volume and stage calculations demonstrating that the existing dry retention pond will be relocated
and reconfigured to provide the same stormwater treatment and attenuation volume above ground as
exists at present time. Past . volume calculations shall be submitted to verify current volume on site;
6. That, prior to the issuance of any permits for construction, except for clearing and grubbing,
demolition or the provision of fill, the location and visibility of electric equipment (electric panels,
boxes and meters) be reviewed and, if located exterior to the building where visible from any street
frontage, be shown to be painted the same color as the portion of the building to which such features
are attached;
7. That, prior to the issuance of any permits for construction, except for clearing and grubbing,
demolition or the provision of fill, the Fire Department may require the provision of a Water Study
perfoiuied by a Fire Protection Engineer in order to ensure that an adequate water supply is available
and to determine if any upgrades are required by the developer due to the impact of the project. The
water supply must be able to support the needs of any required fire sprinkler, standpipe and /or fire
pump. If a fire pump is required, then the water supply must be able to supply 150 percent of its
rated capacity; and
8. That, prior to the issuance of any permits for construction, except for clearing and grubbing,
demolition or the provision of fill, all general Planning Department conditions be addressed.
"
uwtlry ExhtITY t FLD2015-08 0 memorandum
OF CLEARWATER
am " POST OFFICE Box 4748,CLEARWATER,FLORIDA 33758-4748
MMUNICIPAL SERVICES BUILDING,100 SOUTH MYRTLE AN-FNUE,CLEARWATER,FLORIDA 33756
�,,,r0,C S TELEPHONE(727)562-4567 FAX(727)562-4865
PLANNING&DEVELOPMENT
MEMORANDUM
TO: Community Development Board
FROM: Melissa Hauck-Baker, AICP, Senior Planner
RE: Change in recommended Conditions of Approval
23837 US Highway 19 N, FLD2015-08030
DATE: November 17, 2015
Subsequent to sending out the Staff Report along with the recommended Conditions of Approval on
Page 10, Staff realized that five conditions of approval were inadvertently left out of the report.
These conditions are as follows (with appropriate numbering included):
5. That prior to the issuance of any building permits, except for clearing and grubbing or the provision
of fill, the landscape and parking plans shall be revised to be consistent with each other and with the
submitted site survey;
6. That prior to the issuance of any building permits, except for clearing and grubbing or the provision
of fill, all pavement within the 15 foot front setback area along US Highway 19 North, shall be
utilized for display of vehicles for sale only;
7. That prior to the issuance of any building permits, except for clearing and grubbing or the provision
of fill, all striped parking spaces feature a wheel stop (a minimum height of six inches above grade);
8. That prior to the issuance of any building permits, except for clearing and grubbing or the provision
of fill, the sight visibility triangles shall be depicted on the drawings correctly; and,
9. That prior to the issuance of any building permits, except for clearing and grubbing or the provision
of fill, the landscape plan shall be revised to provide that the existing mature landscaping along the
eastern property line will be maintained, a combination of trees and shrubs will be incorporated
along the northern property line consistent with the CDC requirements and the site will include the
following number and species of proposed plants: 250 Variegated Arbicola, 6 Pond Cypress, 6
Indian Hawthorne, 10 Indian Hawthorne, 3 Christmas Palms, 40 Croton Mammies, 5 Indian
Hawthorne, 25 Juniper Blue Rug, 40 Muhly Grass, 40 Mondo Grass, 25 Asparagus, 20 Ixora, 45
Liriope, and 30 Variegated Liriope.
-EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
Exhibit FLD2015-08030 memorandum
The Planning and Development Department continues to recommend APPROVAL of application
FLD2015-08030, subject to the following conditions:
Conditions of Approval:
1. That application for a building permit be submitted no later than November 17, 2016, unless time
extensions are granted pursuant to CDC Section 4-407;
2. That prior to the issuance of any permit, all requirements of the Land Resource, Engineering
(including Environmental, Stormwater and Traffic) and Fire Departments be addressed;
3. That issuance of a development permit by the City of Clearwater does not in any way create any
right on the part of an applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law;
4. That all other applicable local, state and/or federal permits be obtained before commencement of the
development;
5. That prior to the issuance of any building permits, except for clearing and grubbing or the provision
of fill, the landscape and parking plans shall be revised to be consistent with each other and with the
submitted site survey;
6. That prior to the issuance of any building permits, except for clearing and grubbing or the provision
of fill, all pavement within the 15 foot front setback area along US Highway 19 North, shall be
utilized for display of vehicles for sale only;
7. That prior to the issuance of any building permits, except for clearing and grubbing or the provision
of fill, all striped parking spaces feature a wheel stop (a minimum height of six inches above grade);
8. That prior to the issuance of any building permits, except for clearing and grubbing or the provision
of fill, the sight visibility triangles shall be depicted on the drawings correctly; and,
9. That prior to the issuance of any building permits, except for clearing and grubbing or the provision
of fill, the landscape plan shall be revised to provide that the existing mature landscaping along the
eastern property line will be maintained, a combination of trees and shrubs will be incorporated
along the northern property line consistent with the CDC requirements and the site will include the
following number and species of proposed plants: 250 Variegated Arbicola, 6 Pond Cypress, 6
Indian Hawthorne, 10 Indian Hawthorne, 3 Christmas Palms, 40 Croton Mammies, 5 Indian
Hawthorne, 25 Juniper Blue Rug, 40 Muhly Grass, 40 Mondo Grass, 25 Asparagus, 20 Ixora, 45
Liriope, and 30 Variegated Liriope.
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
DATE, November 12, 2015
CDB packets being distributed contain the following.
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -5)
1. Case: FLD2015 -07027 - 700 South Gulfview Boulevard Presenter: Matt Jackson, Senior Planner
Yes x No
2. Case: FLD2015 -08030 - 23837 US Highway 19 N Presenter: Melissa Hauck - Baker,
AICP, Senior Planner
Yes XNo
3. Case: FLD201 5 -08032 - 2727 Daniel Street Presenter: Kevin W. Nurnberger, Senior Planner
Yes No )(
4. Case: FLD201 5 -08033 - 400 Mandalay Avenue Presenter: Matt Jackson, Senior Planner
Yes No
5. Case: FLD2015 -09035 - 400 Cleveland Street Presenter: Mark T. Parry, AICP, Senior Planner
Yes No
S: Planning Department C D 13.4gendas DRC X CDB CDB 2015 I1 November 2015 I Cover MC. 110 2015.doc
r
LEVEL THREE APPLICATIONS (ITEMS 1 -7)
1. Case: LUP2015 -09003 — 2425 McMullen Booth Road (Related to REZ2015- 09002)
Presenter: Kyle Brotherton, Planner Yes No
2. Case: REZ2015 -09002 — 2425 McMullen Booth Road Related to LUP2015- 09003)
Presenter: Kyle Brotherton, Planner Yes No
3. Case: LUP2015 -08002 — 2727 Daniel Street (Related to FLD2015 -08032 and REZ2015-
08001) Presenter: Katie See, Senior Planner Yes No X
4. Case: REZ2015 -08001 — 2727 Daniel Street (Related to FLD208032 and LUP2015-
08002) Presenter: Katie See, Senior Planner Yes No
5. Case: REZ2015 -09003 — 26508 US Highway 19 N
Presenter: Katie See, Senior Planner Yes
6. Case: DVA2004- 000,04A — 2506 Countryside Boulevard Presenter: Matt Jackson, Senior
Planner Yes X No
7. Case: TA2015 -08005 — Amendments to the Clearwater Community Development Code
Presenter: Robert G. Tefft, Development Review Manager
Appeal (Items 1)
1. Case: APP2015 -00002 — 11 5 Charles Street Presenter: Matthew Anderson, Land Resource
Specialist Yes No
I have conducted a personal investigation on the personal site visit to the following properties.
Signature.
PRINT NAME
Date. ////7/,
S: Planning Department C D B..4gendas DRC CDB CDB 2015 11 ,November 2015 1 Cover .11E.11O 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
DATE, November 12, 2015
CDB packets being distributed contain the following,
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -5)
1. Case: FLJa22015 -07027 - 700 South Gulfview Boulevard Presenter: Matt Jackson, Senior Planner
Yes V No
2. Case: FLD2015 -08030 - 23837 US Highway 19 N Presenter: Melissa Hauck - Baker,
AICP, enior Planner
Yes No
3. Case: FLD 015-08032 - 2727 Daniel Street Presenter: Kevin W. Nurnberger, Senior Planner
Yes No
4. Case: 2015 -08033 - 400 Mandalay Avenue Presenter: Matt Jackson, Senior Planner
Yes No
5. Case: FL 015- 09035- 400 Cleveland Street Presenter: Mark T. Parry, AICP, Senior Planner
Yes No
S: Planning Department 'C D B Agendas DRC R CDB CDB 201511 \'orember 2015 1 Cover a1E5IO 2015.doc
LEVEL THREE APPLICATIONS (ITEMS I -7)
1. Case: LUP2015 -09003 — 2425 McMullen Booth Road (Related to REZ2015- 09002)
Presenter: Kyle Brotherton, Planner Yes V No
2. Case: REZ2015 -09002 — 2425 McMullen Booth Roacj/(Related to LUP2015- 09003)
Presenter: Kyle Brotherton, Planner Yes (! No
3. Case: LUP2015 -08002 — 2727 Daniel Street (Related to FLD2015 -08032 and REZ2015-
08001) Presenter: Katie See, Senior Planner Yep/ No
4. Case: REZ2015 -08001 — 2727 Daniel Street (Related V FLD2015 -08032 and LUP2015-
08002) Presenter: Katie See, Senior Planner Yes V No
5. Case: REZ2015 -09003 — 26508 US Highway 19 N /
Presenter: Katie See, Senior Planner Yes !/ No
6. Case: DVA2004- 00904A — 2506 Countryside Boulevard Presenter: Matt Jackson, Senior
Planner Yes \ / No
7. Case: TA2015 -08005 — Amendments to the Clearwater Community Development Code
Presenter: Robert G. Tefft, Development Review Manager
Appeal (Items 1)
1. Case: APP2015 -00 2 — 1155 Charles Street Presenter: Matthew Anderson, Land Resource
Specialist Yes No
I have conducted a person in Lion on the personal site visit to the following properties
Signature: s` Date: ////,
PRINT NAME
S:;Planning Department D B.dgendas DRC K CDB CDB 2015 11 November 2015 I Corer a1E.11O 2015.doc
TO
FROM
COPIES
Clearwater
Interdepartmental Correspondence Sheet
Community Development BoardA2embers
Robert Tefft, Development Review Z Tanager
Camilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat
Sullivan, Board Reporter
SUBJECT. Agenda Items for
DATE. November 12, 2015
CDB packets being distributed contain the following=
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -5)
1. Case:' )( FLD2015 -07027 - 700 South Gulfview Boulevard Presenter: Matt Jackson, Senior Planner
Yes ) No
2. Case: FLD2015 -08030 - 23837 US Highway 19 N Presenter: Melissa Hauck - Baker,
AICP, Senior Planner
Yes )6 No
3. Case: FLD201 5 -08032 - 2727 Daniel Street Presenter: Kevin W. Nurnberger, Senior Planner
Yes X No
4. Case: 'LD201 5 -08033 - 400 Mandalay Avenue Presenter: Matt Jackson, Senior Planner
Yes No
5. Case: FLD2015- 09035- 400 Cleveland Street Presenter: Mark T. Parry, AICP, Senior Planner
Yes /" No
S: ,Planning Department C D B Agendas DRC 8 CDB CDB. 20/5 1 / :November 2015 1 Cover ME:11O 2015.doc
LEVEL THREE APPLICATIONS (ITEMS 1 -7)
1. Case: LUP20I5 -09003 — 2425 McMullen Booth Road (Related to REZ2015- 09002)
Presenter: Kyle Brotherton, Planner Yes y. No
2. Case: REZ201 5 -09002 — 2425 McMullen Booth Road (Related to LUP20I 5- 09003)
Presenter: Kyle Brotherton, Planner Yes )( No
3. Case: LUP2015 -08002 — 2727 Daniel Street (Related to FLD2015 -08032 and REZ2015-
08001) Presenter: Katie See, Senior Planner Yes No
4. Case: REZ2015 -08001 — 2727 Daniel Street (Related to/ FLD2015 -08032 and LUP2015-
08002) Presenter: Katie See, Senior Planner Yes r No
5. Case: REZ2015 -09003 — 26508 US Highway 19 N
Presenter: Katie See, Senior Planner Yes r No
6. Case: DVA2004- 00004A — 2506 Countryside Boulevard Presenter: Matt Jackson, Senior
Planner Yes A No
7. Case: TA2015 -08005 — Amendments to the Clearwater Community Development Code
Presenter: Robert G. Tefft, Development Review Manager
Appeal (Items 1)
1. Case: APP2015 -00002 — 1 155 Charles Street Presenter: Matthew Anderson, Land Resource
Specialist Yes )0 No
I have conducted a personal investigation on the personal site visit to the following properties
Signature.
Date. /7" /(�
MAI d c,Ki
PRINT NAME
S: Planning Deparnne l C D B_dgendas DRC & CDB CDB '?015'l1 November 2015 1 Cover .11E.110 2015.doc
TO.
FROM
COPIES.
Ckarwater
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
DATE November 12, 2015
CDB packets being distributed contain the following.
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -5)
1. Case: FLD2015 -07027 - 700 South Gulfview Boulevard Presenter: Matt Jackson, Senior Planner
Yes c No
2. Case: FLD2015 -08030 - 23837 US Highway 19 N Presenter: Melissa Hauck- Baker,
AICP, Senior Planner
Yes \< No
3. Case: FLD2015 -08032 - 2727 Daniel Street Presenter: Kevin W. Nurnberger, Senior Planner
Yes i< No
4. Case: FLD2015 -08033 - 400 Mandalay Avenue Presenter: Matt Jackson, Senior Planner
Yes %( No
5. Case: FLD20 1 5- 09035- 400 Cleveland Street Presenter: Mark T. Parry, AICP, Senior Planner
Yes K No
S :'Planning Department 'C D B Agendas DRC & CDB CDB'2015'11 November 2015 1 Cover .11E.110 2015.doc
LEVEL THREE APPLICATIONS (ITEMS 1 -7)
1. Case: LUP2015 -09003 - 2425 McMullen Booth Road (Related to REZ2015- 09002)
Presenter: Kyle Brotherton, Planner Yes X No
2. Case: REZ2015 -09002 - 2425 McMullen Booth Road (Related to LUP2015- 09003)
Presenter: Kyle Brotherton, Planner Yes X. No
3. Case: LUP2015 -08002 - 2727 Daniel Street (Related to LD2015 -08032 and REZ2015-
08001) Presenter: Katie See, Senior Planner Yes No
4. Case: REZ2015 -08001 - 2727 Daniel Street (Related to/FLD2015 -08032 and LUP2015-
08002) Presenter: Katie See, Senior Planner Yes ^ No
5. Case: REZ2015 -09003 - 26508 US Highway 19 N
Presenter: Katie See, Senior Planner Yes x No
6. Case: DVA2004-00004A - 2506 Countryside Boulevard Presenter: Matt Jackson, Senior
^
Planner Yes No
7. Case: TA2015 -08005 - Amendments to the Clearwater Community Development Code
Presenter: Robert G. Tefft, Development Review Manager
Appeal (Items 1)
1. Case: APP2015 -00002 - 1 155 Charles Street Presenter: Matthew Anderson, Land Resource
Specialist Yes "j( No
I have conducted a personal investigation on the personal site visit to the following properties
Signature Oiltit Date, l f i 6
-f dta j7 A Pe--1--°11
PRINT PRINT NAME
S: Planning Department C D 13.1gendas DRC & CDB CDB 2015 11 .November 2015 1 Cover .11E.1/0 2015.doc
TO
FROM
COPIES,
Ckamater
u
Interdepartmental Correspondence Sheet
Community Development Board \embers
Robert Tefft, Development Review i \tanager
Catnilo Soto, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat
Sullivan, Board Reporter
SUBJECT, Agenda Items for
DATE, November 12, 2015
CDB packets being distributed contain the following
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -5)
1. Case: F 2015-07027 - 700 South Gulfview Boulevard Presenter: Matt Jackson, Senior Planner
Yes No
2. Case: FLD 015 -08030 - 23837 US Highway 19 N Presenter: Melissa Hauck - Baker,
AICP, S iior Planner
Yes No
3. Case: FL 2015 -08032 - 2727 Daniel Street Presenter: Kevin W. Nurnberger, Senior Planner
Yes No
4. Case: FL 015 -08033 - 400 Mandalay Avenue Presenter: Matt Jackson, Senior Planner
Yes No
5. Case: FLD2015- 09035- 400 Cleveland Street Presenter: Mark T. Party, AICP, Senior Planner
Yes
No
S: Planning Department C D B Agendas DRC X CDB CDB 2015 11 S ovember 2015 1 Corer a1E110 3015.dac
LEVEL THREE APPLICATIONS (ITEMS 1 -7)
1. Case: LUP2015 -09003 - 2425 McMullen Boot! Road (Related to REZ2015- 09002)
Presenter: Kyle Brotherton, Planner Yes No
2. Case: REZ2015 -09002 - 2425 McMullen Booth Roa Related to LUP2015- 09003)
Presenter: Kyle Brotherton, Planner Yes No
3. Case: LUP201 5 -08002 - 2727 Daniel Street (Related to FJ D2015 -08032 and REZ2015-
08001) Presenter: Katie See, Senior Planner Yes ,' No
4. Case: REZ2015 -08001 - 2727 Daniel Street (Related to FLD2015 -08032 and LUP2015-
08002) Presenter: Katie See, Senior Planner Yes ,V/ No
5. Case: REZ2015 -09003 - 26508 US Highway 19 N /
Presenter: Katie See, Senior Planner Yes ✓ No
6. Case: DVA2004- 0(}604A - 2506 Countryside Boulevard Presenter: Matt Jackson, Senior
Planner Yes V No
7. Case: TA2015 -08005 - Amendments to the Clearwater Community Development Code
Presenter: Robert G. Tefft, Development Review Manager
Appeal (Items 1)
1. Case: APP2015 -000 - 1155 Charles Street Presenter: Matthew Anderson, Land Resource
Specialist Yes No
I have conducted a , i -r ' nal tigation on the personal site visit to the following properties.
Signature,
PRINT NAME
4v.
rvty.4y 4 1�
Date 1 1 ! 17 ) Za I
S :.Planning Deparimeni C D 6 : tge,nlas DRC d CDB CDB 2015 11 :November 2015 1 Cover MEMO 2015.r'oc