12/15/2015 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
December 15, 2015
Present: Chair Brian A. Barker, Vice Chair David Allbritton, Board Member Richard
Adelson, Board Member Michael Boutzoukas, Board Member Christopher J.
Anuszkiewicz, Board Member Mary A. Lau, Board Member John Funk, Alternate/Acting
Board Member John Quattrocki
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, 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 MEETINGS: October 20, 2015 and
November 17, 2015
Member Allbritton moved to approve the minutes of the October 20 and November 17,
2015 Community Development Board meetings as submitted in written summation. The
motion was duly seconded and carried unanimously. Alternate Member Quattrocki did
not vote.
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 1-5)
1. Case: FLD2008-07019 — 473 East Shore Dr. & 475 Poinsettia St Level Two
Application Owner: William A. Day Living Trust
Applicant: Billy Day
Location: 0.64 acre located on the east (0.37 acre) and west (0.27 acre) sides of
East Shore Drive, approximately 280 feet north of the intersection of Papaya
Street and East Shore Drive
Request: Reconsideration of a Condition of Approval associated with the
addition of a 10-slip dock as a marina and marina facility in conjunction with an
existing 13-unit overnight accommodation use in the Tourist (T) District.
Community Development 12/15/2015 1
Neighborhood Associations: Clearwater Neighborhoods Coalition and
Clearwater Beach Association
Presenter: Robert G. Tefft, Development Review Manager
Brian Barker declared a conflict of interest.
Member Boutzoukas moved to approve Case FLD2008-07019 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
Allbritton, Adelson, Boutzoukas, Anuszkiewicz, Lau, Funk, and Acting Member
Quattrocki voted "Aye"; Chair Barker abstained. Motion carried unanimously.
PULLED FROM CONSENT AGENDA
2. Case. FLD201 5-09036 — 421 South Gulfview Boulevard Level Two Application
Owner: Alanik Properties; Anco Holdings; Nikana Holdings, 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: 1.99 acres bound by South Gulfview Boulevard (west), Coronado Drive
(east) and Fifth Street (north).
Request: The Community Development Board is reviewing a proposed 227-room
hotel in the Tourist (T) District for the property located at 421 South Gulfview
Boulevard. The project is 150 feet in height, includes a minimum of 272 parking
spaces and requests allowable flexibility from setback requirements and the
Design Guidelines of Beach by Design and a two-year Development Order
(Sections 2-803.D and 4-407).
Neighborhood Associations: Clearwater Neighborhoods Coalition and
Clearwater Beach Association
Presenter: Mark T. Parry, AICP, Senior Planner
Todd Gravois requested Party Status.
Member Funk moved to grant Todd Gravois Party Status. The motion was duly seconded
and carried unanimously. Alternate Member Quattrocki did not vote.
Member Allbritton moved to accept Mark Parry as an expert witness in the fields of
redevelopment planning, comprehensive planning, annexation implementation, zoning,
land use/rezoning applications, land development general planning code amendments,
landscape ordinance, and special area plans/overlay districts. The motion was duly
seconded and carried unanimously. Alternate Member Quattrocki did not vote.
Senior Planner Mark Parry reviewed the Staff Report.
Community Development 12/15/2015 2
Attorney Brian Aungst, representing the applicant, said in August the City Council
unanimously approved the amendment to revise this Development Agreement. He said
the project was entitled to the requested flexibility as it met and exceeded all Beach by
Design flexibility requirements. He reviewed the project, including its grand entrance on
Beach Walk.
Party Status Holder Todd Gravois said he had just received notice re this meeting. He
said he was not provided an opportunity for input re the first site plan and this site plan
was substantially different. He expressed concern re height setbacks and the lack of
height adjustments, the building's long uninterrupted plane, the tunnel effect that will
result on Gulfview Blvd., and the walling off of south beach. He said tall buildings will be
too close and the sidewalk by Post Corner Pizza will be too narrow.
Planning & Development Director Michael Delk said the meeting was properly noticed.
In response to questions from Attorney Aungst, Mr. Parry said the development met
Beach by Design separation guidelines; there will be only 2 structures over 100 feet
within a 500 foot radius and the 2 buildings taller than 100 feet will be 115 feet and 7
inches apart.
Attorney Aungst said the development complied with all flexibility standards, was
consistent with all Beach by Design and Community Development Code requirements,
and was entitled to a height of 150 feet.
In response to questions from Party Status Holder Gravois, Mr. Parry said Beach by
Design guidelines were intended to be administered in a flexible manner. While portions
of the development's tower component exceeded 100-feet in length, the bulk ground
level facade, which had the most impact on pedestrians, included break ups. The
structure, which will exceed 100 feet in length, will feature articulation. Staff determined
the tower component above 100 feet will only be impactful from a distance and flexibility
was warranted considering the project's scale and scope.
Party Status Holder Gravois expressed concern the development's great mass will
negatively impact the view from Gulfview Boulevard.
One resident spoke in support of the project.
Attorney Aungst said the building's design included articulation, step backs, and a curved
tower.
Discussion ensued with comments that the development provided a good transition
between buildings, featured an exceptional design, and will be a positive addition to
Clearwater Beach.
Community Development 12/15/2015 3
Member Funk moved to approve Case FLD2015-09036 based on evidence in the
record, including the application and the Staff Report, and hereby adopt the Findings of
Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as
listed. The motion was duly seconded and carried unanimously. Alternate Member
Quattrocki did not vote.
3. Case. FLD2015-09037 —37 Causeway Boulevard Level Two Application
Owner: City of Clearwater
Applicant: Greg Powers, Crabby Bills 01201 Corporate Circle North, Suite 100,
St. Petersburg, FL 33716; email: greg(a�crabbybills.com)
Location: 0.138 acre bound by Causeway Boulevard (north), Coronado Drive
(west) and Clearwater Marina (east and south).
Request: The Community Development Board is reviewing a proposed
restaurant in the Pier 60 Character District of Beach by Design within the Tourist
(T) District. The project is 45 feet in height, includes zero parking spaces and
requests flexibility as a Comprehensive Infill Redevelopment Project (Section 2-
803.D).
Neighborhood Associations: Clearwater Neighborhoods Coalition and
Clearwater Beach Association
Presenter: Melissa Hauck-Baker, AICP, Senior Planner
Member Funk moved to approve Case FLD2015-09037on today's Consent Agenda
based on evidence in the record, including the application and the Staff Report, and
hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report,
with conditions of approval as listed. The motion was duly seconded and carried
unanimously. Alternate Member Quattrocki did not vote.
4. Case: CPA2015-04001 —Amendments to the Clearwater Comprehensive Plan
Level Three Application
Applicant: City of Clearwater
Request: Review and recommendation to the City Council, of amendments to
the Clearwater Comprehensive Plan repealing transportation concurrence,
establishing a mobility management system, allowing for non-contiguous
annexations, amending certain provisions of the Capital Improvements Element
for consistency with State Statutes, and updating various terms and references.
Neighborhood Associations: Clearwater Neighborhoods Coalition
Presenter: Kyle Brotherton, Planner
See below for motion to recommend approval.
5. Case: TA2015-10006 —Amendments to the Community Development Code
Level Three Application
Applicant: City of Clearwater
Request: Review and recommendation to the City Council, of an amendment to
Community Development 12/15/2015 4
the Code of Ordinances renaming transportation impact fee to multi -modal
impact fee; and amending the Community Development Code to repeal and
replace proportionate fair share with a mobility management system and multi -
modal impact fee, updating review criteria accordingly, and updating various
references.
Neighborhood Associations: Clearwater Neighborhoods Coalition
Presenter: Kyle Brotherton, Planner
Member Allbritton moved to recommend approval of Cases CPA2015 -04001 and
TA2015 -10006 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. Alternate Member Quattrocki
did not vote.
F. ADJOURNMENT
The meeting adjourned at 1:45 p.m.
Attest,'
ttest /
Board Rep.'"ri
Chaff
Community Development Board
Community Development 12/15/2015 5
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-F3 TNAME- MIDDLE NAME
&r ►�•1'� r 4-
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Cow►mA^. ti- , oitn/
MAILING ADD r
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THE BOARD, COUNCIL, OMMISSION, AUTHORITY OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF:
CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY
C I ia%1
COUNTY
j//
NAME OF POLITICFfe -iX / �
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DATE ON WHICH VOTE OCCURRED
12-1 /
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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 or elected 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)
CE FORM 8B - EFF. 1/2000
PAGE 1
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
r I n gark6f"
, hereby disclose that on
,20/3' :
(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:
Date Filed
f L / 2 - 0 6 )
/tk y e h /./m e-ttr h� m /'A i`i1/i%'
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
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
DATE: December 10, 2015
CDB packets being distributed contain the following.
Unapproved minutes of previous meeting October 20, 2015 & November 17, 2015
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -3)
1. Case: FLD2015 -09036 - 421 South Gulfv. w Boulevard
AICP, Senior Planner Yes No
o
Presenter: Mark T. Parry,
2. Case: FLD2015 -09037 -37 COeway Boulevard Presenter: Melissa Hauck - Baker,
AICP, Senior Planner Yes No
3. Case: FLD2008 -07019 - 473 East Shore Drive and 475 Poinsettia Street
Presente obert G. Tefft, Development Review Manager
Yes No
LEVEL THREE APPLICATIONS (Items 1 -2):
1. Case: CPA2015 -04001 - Amendments to the Clearwater Comprehensive Plan
Presenter: Kyle Brotherton, Planner
2. Case: TA2015 -10006 - Amendments to the Community Development Code
Presenter: Kyle Brotherton, Planner
I have conducted a persona' inve tion on the personal site visit to the following properties.
Signature: / " Date: / Z r l
PRINT NAME
S: (Planning DepartmentlC D BlAgendas DRC & CDBICDBI2015112 December 201511 Cover MEMO 2015.doc
L
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
DATE: December 10, 2015
CDB packets being distributed contain the following:
Unapproved minutes of previous meeting October 20, 2015 & November 17, 2015
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -3) /
1. Case: FLD2015 -09036 - 421 South G w Boulevard Presenter: Mark T. Parry,
`
AICP, Senior Planner Yes No
2. Case: FLD2015 -09037 -37 Cause ay Boulevard Presenter: Melissa Hauck - Baker,
AICP, Senior Planner Yes No
3. Case: FLD20 -07019 - 473 East Shore Drive and 475 Poinsettia Street
Presenter obert G. Tefft, Development Review Manager
Yes No
LEVEL THREE APPLICATIONS (Items 1 -2):
1. Case: CPA2015 -04001 - Amendments to the Clearwater Comprehensive Plan
Presenter: Kyle Brotherton, Planner
2. Case: TA2015 -10006 - Amendments to the Community Development Code
Presenter: Kyle Brotherton, Planner
I have conducted a personal investigation on the personal site visit to the following properties.
Date: 1 2 11 51 I.
Si nature:
I
�� Gib
PRI T NAME
S:\Planning Department\C D BlAgendas DRC & CDBICDBI2015 12 December 201511 Cover MEMO 2015.doc
LL
0
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
DATE: December 10, 2015
CDB packets being distributed contain the following.
Unapproved minutes of previous meeting October 20, 2015 & November 17, 2015
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -3)
1. Case: FLD2015 -09036 - 421 South Gulfview Boulevard Presenter: Mark T. Parry,
AICP, Senior Planner Yes X No
2. Case: FLD2015 -09037 -37 Cau ay Boulevard Presenter: Melissa Hauck - Baker,
AICP, Senior Planner Yes No
3. Case: FLD2008 -07019 - 473 East Shore Drive and 475 Poinsettia Street
Presenter obert G. Tefft, Development Review Manager
Yes No
LEVEL THREE APPLICATIONS (Items 1 -2):
1. Case: CPA2015 -04001 - Amendments to the Clearwater Comprehensive Plan
Presenter: Kyle Brotherton, Planner
2. Case: TA2015 -10006 - Amendments to the Community Development Code
Presenter: Kyle Brotherton, Planner
I have conducted a personal investi at on the personal site visit to the following properties.
Signature:
rah .ar4t^
PRIN NAME
Date: 45-
/s
S: \Planning DepartmentlC D BlAgendas DRC & CDBICDBI2015 12 December 201511 Cover MEMO 2015.doc
U
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
DATE: December 10, 2015
CDB packets being distributed contain the following:
Unapproved minutes of previous meeting October 20, 2015 & November 17, 2015
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -3)
1. Case: FLD2015 -09036 - 421 South Gu ew Boulevard Presenter: Mark T. Parry,
AICP, Senior Planner Yes No
2. Case: FLD2015 -09037 -37 Cau ay Boulevard Presenter: Melissa Hauck - Baker,
AICP, Senior Planner Yes No
3. Case: FLD ! :: -07019 - 473 East Shore Drive and 475 Poinsettia Street
Present • Robert G. Tefft, Development Review Manager
Yes No
LEVEL THREE APPLICATIONS (Items 1 -2):
1. Case: CPA2015 -04001 - Amendments to the Clearwater Comprehensive Plan
Presenter: Kyle Brotherton, Planner
2. Case: TA2015 -10006 - Amendments to the Community Development Code
Presenter: K le Brotherton, Planner
I have conduct
Signature:
PRI AME
estigation on the personal site visit to the following properties.
Date: )6/-1/
ma. ,,j A Let V
S: (Planning DepartmentlC D BlAgendas DRC & CDBICDBI2015112 December 201511 Cover MEMO 2015.doc
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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
DATE: December 10, 2015
CDB packets being distributed contain the following.
Unapproved minutes of previous meeting October 20, 2015 & November 17, 2015
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -3)
1. Case: FLD2015 -09036 - 421 South Gulfview Boulevard Presenter: Mark T. Parry,
AICP, Senior Planner No
2. Case: FLD2015 -09037 -37 Causeway Boulevard Presenter: Melissa Hauck - Baker,
AICP, Senior Planner Yes No
3. Case: FLD2008 -07019 - 473 East Shore Drive and 475 Poinsettia Street
Presenter: Robert G. Tefft, Development Review Manager
Yes K No
LEVEL THREE APPLICATIONS (Items 1 -2):
1. Case: CPA2015 -04001 - Amendments to the Clearwater Comprehensive Plan
Presenter: Kyle Brotherton, Planner
2. Case: TA2015 -10006 - Amendments to the Community Development Code
Presenter: Kyle Brotherton, Planner
I have conducted a personal investigation on the personal site visit to the following properties.
f 3 Signature: /`y-et.„ '( \ CQ ,",-'" Date: iZ/ J � / ( 5
.1 449 Avg i_-yo
PRINT NAME
S:1Planning Department\C D BlAgendas DRC & CDBICDBI2015112 December 201511 Cover MEMO 2015.doc