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01/19/2016 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER January 19, 2016 Present: Vice Chair David Allbritton, Board Member Michael Boutzoukas, Board Member Christopher J. Anuszkiewicz, Board Member Mary A. Lau, Board Member John Funk Absent: Chair Brian A. Barker, Board Member Richard Adelson, Alternate 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, Robert Tefft— Planning Manager, Patricia O. Sullivan - Board Reporter A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE The Vice 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: December 15, 2015 Member Boutzoukas moved to approve the minutes of the December 15, 2015 Community Development Board meetings 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 1-4) 1. Time Extension Request— FLD2013-12045 — 802 North Fort Harrison Avenue See below for motion to approve. 2. Case. FLD2015-10041 — 1260 Engman Street Level Two Application Owner: Everybody's Tabernacle/ Homeless Emergency Project Applicant: Robert Pergolizzi, Gulf Coast Consulting, Incorporated (13825 ICOT Boulevard, Clearwater, FL 33760; phone: (727) 524-1818; email: Community Development Board 1/19/2016 1 pergo(agulfcoastconsulting.com) Location: 1.18 acres located on the northwest corner of Engman Street and Fairburn Avenue. Request: The Community Development Board (CDB) is reviewing the addition of an educational facility to an existing residential shelter for the property located at 1260 Engman Street. The project includes renovation of 5,341 square feet of existing floor area and requests allowable flexibility from setback, parking and landscape requirements (CDC Sections 2-7045 and 3-1202.G). Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Matt Jackson, Senior Planner See below for motion to approve. PULLED FROM CONSENT AGENDA 3. Case: FLD2015-04013 — 1314 S. Missouri Avenue See below. 4. Case: FLD2015-12049 —317 Coronado Drive Level Two Application Owner: PK Developments Inc. Applicant: Housh Ghovaee, Northside Engineering Inc. (300 S. Belcher Road, Clearwater, FL 33765; phone: 727-709-0943 email: housh(a)-northsideengineering.net) Location: 0.15 acres located on the east side of Coronado Drive approximatelv 242 feet north of Brightwater Drive. Request: The Community Development Board (CDB) is reviewing a proposed restaurant in the Tourist (T) District for the property located at 317 Coronado Avenue. The project is 6.4 feet in height (from Base Flood Elevation), includes zero parking spaces, and requests flexibility from setback and landscaping requirements (Sections 2-803.D and 3-1202.E.2). Neighborhood Associations: Clearwater Neighborhoods Coalition and Clearwater Beach Association Presenter: Kevin W. Nurnberger, Senior Planner Member Funk moved to approve Cases FLD2013-12045, FLD2015-10041, and FLD2015-12049 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. PULLED FROM CONSENT AGENDA 3. Case: FLD2015-04013 — 1314 S. Missouri Avenue Level Two Application Owner: 54th Avenue East Realty Applicant: Dillon Alderman. Alderman Planning Co. (P.O Box 55755, St. Community Development Board 1/19/2016 2 Petersburg1, FL 33732; phone: 813-833-5161; email: alderman plan ning(a-)-gmaiLcom) Location: 1.11 acres located on the west side of S. Missouri Avenue approximately 200 feet south of the Lakeview Road and S. Missouri Avenue intersection. Request: The Community Development Board (CDB) is reviewing a proposed medical clinic in the Commercial (C) District for the property located at 1314 South Missouri Avenue. The project height is 25 feet, includes 48 parking spaces, and requests allowable flexibility from setback and landscape requirements (2-704.F and 3-1202). Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Kevin W. Nurnberger, Senior Planner Member Anuszkiewicz moved to accept Kevin Nurnberger as an expert witness in the fields of zoning, site plan analysis, planning in general, and landscape ordinance. The motion was duly seconded and carried unanimously. Senior Planner Kevin Nurnberger reviewed the Staff Report. Barry Austin said he owned properties on Michigan Avenue behind the subject property and expressed concern the project would expand a commercial use into his residential neighborhood. He requested the rear of the subject property have additional landscaping and that the fence be repaired. Dillon Alderman, representative for the applicant, said the original proposal to use the applicant's Michigan Avenue properties for the project was eliminated from the application. He said a privacy fence will be erected 4 feet behind the structure on the rear property line. He reviewed the application's landscaping plan, noting there only was room for sod or mulch along the back fence. He said the site will be greatly enhanced by replacing large amounts of pavement with landscaping, including trees, ornamental shrubs, ground cover, mulch, and sod. Mr. Austin said he only had seen the original application and withdrew his concerns. Member Boutzoukas moved to approve Case FLD2015-04013 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with conditions of approval as listed. The motion was duly seconded and carried unanimously. F. LEVEL TWO APPLICATIONS: (Item 1): Community Development Board 1/19/2016 3 1. Case. FLD2015-10040 — 249 Windward Passage Level Two Application Owner: Clearwater Marine Aquarium, Incorporated Applicant: Brian Aungst, Jr., Macfarlane Ferguson McMullen (625 Court Street, Clearwater, FL 33757; phone: (727) 441-8966; email: bia(O-)-macfar.com) Location: 4.53 acres located on the south side of Windward Passage approximately 210 feet west of Island Way. Request: The Community Development Board is reviewing a proposed expansion of the Clearwater Marine Aquarium in the Commercial (C) District for the property located at 249 Windward Passage. The proposal includes a parking garage, two buildings and dolphin tank. A two-year development order is requested and allowable flexibility is requested from height, setback and landscape requirements. (Sections 2-7045 and 3-1202.G) Neighborhood Associations: Clearwater Neighborhoods Coalition, Island Estates Neighborhood Association Presenter: Matt Jackson, Senior Planner It was stated many letters re this case sent to the CDB (Community Development Board) expressed concerns that inadequate notice was provided, residents had insufficient time to understand the proposal and prepare a rebuttable, and the project would have a significant impact on Island Estates' residential neighborhood. It was noted Monday's holiday reduced the number of days residents had to meet with City officials. With only 5 board members present, it was recommended the meeting be continued to allow participation by the full board. Member Lau moved to continue Case FLD2015-10040 to February 16, 2016. The motion was duly seconded. Attorney for the Board Jay Daigneault said applicants could request a continuance when a full board was not present. Board decisions required 4 affirmative votes. Attorney Brian Aungst, representative for the applicant, opposed a continuance, stating it was important that the case be heard today so CMA (Clearwater Marine Aquarium) could take advantage of a grant expiring in June. Member Funk withdrew his second. The motion died for lack of a second. Steven Traum requested Party Status. Member Funk moved to grant Steven Traum Party Status. The motion was duly seconded and carried unanimously. Community Development Board 1/19/2016 4 Peter Kohut requested Party Status. Member Anuszkiewicz moved to grant Peter Kohut Party Status. The motion was duly seconded and carried unanimously. Attorney Mike Foley, representing Island Way Grill, requested Party Status. Member Funk moved to grant Attorney Mike Foley Party Status as representative of Island Way Grill. The motion was duly seconded and carried unanimously. Member Funk moved to accept Matthew Jackson as an expert witness in the fields of zoning, site plan analysis, planning in general, and landscape ordinance. The motion was duly seconded and carried unanimously. Senior Planner Matt Jackson reviewed the Staff Report. It was stated while the previous application for this site terminated temporary CMA parking on Island Estates on December 31, 2015, this proposal retained temporary parking on Island Estates (two grass lots and the Church of St. Brendan's property) until the parking garage was built. Concerns were expressed that temporary parking was inconsistent with Island Estates deed restrictions and the proposal would allow CMA visitors to use temporary parking for up to 2 years during project development plus 2 years through construction. In response to a question, Mr. Jackson said Code did not permit temporary parking on grass lots. The City encouraged CMA to direct visitors to downtown parking spaces. Planning & Development Director Michael Delk said the City Manager met with CMA representatives and approved temporary parking on several Island Estates lots through December 2015. CMA initiated a development review process that intended to continue the temporary parking until construction was completed. He was not aware that CMA had conveyed its intention to use temporary grass lots prior to initiation of the development agreement. Assistant City Attorney Camilo Soto said the City had not contributed to Attorney Aungst's evidence packet. Attorney Aungst requested his evidence packet, including the Staff Report and expert witness resumes, be accepted into evidence. Member Funk moved to accept Albert Carrier as an expert witness in the fields of civil engineering and planning. The motion was duly seconded and carried unanimously. Community Development Board 1/19/2016 5 Member Boutzoukas moved to accept Robert Pergolizzi as an expert witness in the fields of planning, land use, and traffic impact studies. The motion was duly seconded and carried unanimously. Attorney Aungst reviewed CMA's mission and 40 plus year history at its current location. He said the expansion was necessary due to CMA's success. He said this project was not designed to be an entertainment venue; the dolphin stadium in the CMA's 2011 application was eliminated. Attorney Aungst discussed the site plan and stated traffic would be confined to the CMA and Island Way Grill properties. He said the project would reduce visitor traffic on Island Way and Windward Passage and eliminate it from other Island Estates' roads. He said CMA had a perpetual easement agreement with Island Way Grill that continued even if the restaurant property was sold. Attorney Aungst discussed the project's landscaping and parking garage architecture, designed to mitigate its appearance. He said Code would permit a taller building. He said the parking garage would not attract new visitors. He said if the application was denied, CMA would be unable to meet its financing deadline and traffic problems on Island Estates would worsen. Attorney Aungst said CMA could not accept additional injured dolphins now and had to enlarge its dolphin pool to continue its mission of rescue, rehab, and release. He said structures will be shorter than nearby buildings. Robert Pergolizzi said his November 2015 Traffic Impact Study concluded the project would not change A and B LOS (Levels of Service) at the Island Way/Windward Passage and Windward Passage/Larboard Way intersections Al Carrier said the project's design, height, and density were consistent with Code, exceeding requirements for approval, the green wall would mitigate the parking garage's appearance, the project met City planning objectives, and there was no legal basis for the board to deny the application. Attorney Aungst said security was CMA's biggest concern. He said beachgoers would not use the parking garage, which will charge a parking fee He said the parking garage would be gated and used only by visitors and Island Way Grill patrons. Attorney Aungst said CMA had tried to support ferry and trolley service but experienced significant challenges trying to encourage visitors to park downtown even with City sign boards guiding CMA visitors to downtown parking lots. CMA CEO David Yates said wayfaring signs on Court Street directed visitors to downtown lots. He said CMA understood the big challenge it faced to get visitors to park downtown. Community Development Board 1/19/2016 6 Mr. Carrier reviewed landscaping plans which included oak trees taller than 10 feet, delivered in 45-gallon containers. CMA executive Vice-President and COO Frank Dame estimated the parking garage would take 2 years to construct. He said CMA had month-to-month leases for the church and Island Way lots. Mr. Yates said CMA was developing plans to better encourage guests to park downtown. Party Status Holder Steven Traum said few residents received City notices re this meeting and residents were provided insufficient time to review the project which would negatively impact nearby properties and exacerbate traffic delays on Island Way. He said the facility did not meet the intent of commercial zoning. He said the project would halve his property value and significantly reduce his quality of life. He said CMA had not divulged the project's impact on the community. Party Status Holder Peter Kohut said the notification process was flawed and the project did not meet design standards, lacked transparency, would increase noise, lower air quality, imperil public safety, and devalue Island Estates properties. He expressed concern that CMA would use tax dollars to build a wall that blocked residents' views. He said the facility's entertainment component was improper for the residential community. Attorney Soto said all property owners within 200 feet of the project received notice of today's meeting as required by State Law. Party Status holder Attorney Mike Foley said the project would most affect the restaurant. He said the owner, a member of the CMA Board, was being a good neighbor by providing egress necessary to solve the difficult problem of containing all parking onsite. He said the project was necessary for CMA to thrive, grow, and fulfill its mission. He said drivers could drop CMA visitors at Island Way Grill before parking at remote locations. Attorney Aungst reviewed his presentation and said no expert witness had disputed Mr. Pergolizzi's traffic impact study. He said there was no legal basis to deny the request. Mr. Pergolizzi said the traffic impact study analyzed the Island Way/Causeway intersection and determined the LOS was B, with or without the parking garage. In response to a question from Party Holder Traum, Mr. Jackson said language in the Staff Report's template was based on Code criteria for approval. Party Holder Traum said the language was inconsistent as it only considered the substantial detriment suffered by adjoining properties and not by the greater population of Island Estates. Community Development Board 1/19/2016 7 In response to a question from Party Holder Kohut, Mr. Pergolizzi said the Traffic Impact Study was done in November 2015 on a weekday between 4:00 p.m. and 6:00 p.m. and on a Saturday between 11:00 a.m. and 1:00 p.m. Seven people spoke in opposition to the project and 15 people spoke in support. Mr. Jackson said the City mailed meeting notifications on December 31, 2015, in compliance with State law. The notification included his telephone number. The parking demand study was current. Party Holder Traum said CMA expected its attendance would increase by enlarging its parking capability and expanding its structures. He said the parking garage was objectionable and pedestrian traffic from CMA was a problem. He said further study was needed to evaluate the project. Party Holder Kohut said runoff caused by CMA visitors parking on the church's grass had damaged his condominium association's frontage road, he would request CMA assistance with repair costs, and it was not fair that the damage would continue. He said the traffic impact study took place during low traffic times and should be repeated during high traffic. He said the easement would not work and would be a liability for Island Way Grill, CMA, and the City. He said the City should request FDOT (Florida Department of Transportation) to extend the Causeway's deceleration lane on the east. Party Holder Attorney Foley said the planning process was not hidden. He said residents should work to change the law if they disagree with noticing requirements. He questioned how residents could support CMA but oppose the project. He said financial support from visitors was critical to CMA's mission. He requested the board consider Island Way Grill and CMA staff testimony and support the project. Attorney Aungst said residents had more than a week to prepare for the meeting. He said experts testified that the project met or exceeded all legal requirements for approval. He requested the board consider the competent substantial evidence. He said growth affected many local communities and CMA did its best to meet City parking requirements by balancing the site's configuration. Discussion ensued with comments that board members did not reach a decision prior to the meeting as they wanted to base their decisions on evidence and testimony. It was stated the project met Code requirements, hearing notices were mailed according to law, and adding conditions of approval would not appease neighbor concerns. It was commented that CMA's mission had been in place for multiple years and CMA had worked hard to consolidate its activities. It was stated while the project comports with Code, residents' concerns were understandable as CMA proposed to continue to burden them with visitor parking on Community Development Board 1/19/2016 8 offsite lots for up to 4 years. Opposition was expressed to the continuation of offsite parking. It was noted that CMA had submitted parking plans indicating CMA visitors would park downtown but today admitted they did not anticipate that parking plan would be successful. It was suggested that CMA terminate offsite parking on Island Estates as a condition of approval. It was recommended that the number of trees in the landscape plan be increased to mitigate the parking garage's appearance. It was stated the parking garage would solve the paramount issue of pedestrian safety. It was indicated that parking problems on Island Estates would be exacerbated if temporary lots were closed and CMA visitors were forced to search for parking. It was noted that few beachgoers or CMA visitors took advantage of downtown parking and rode the ferry or trolley. It was stated the City needed to work harder to improve CMA parking problems until the garage was built. It was stated although visitors parked on grass lots, it was felt CMA always was open to suggestions and had been a good neighbor to Island Estates residents. It was agreed CMA needed a parking garage; without one, visitors would park all over the island. Support was expressed for the project based on findings of fact and conclusions of law. Member Funk moved to approve Case FLD2015 -10040 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with conditions of approval as listed and perhaps larger caliber trees. The motion was duly seconded. Members Allbritton, Boutzoukas, Anuszkiewicz, and Funk voted "Aye "; Member Lau voted "Nay." Motion carried. G. ADJOURNMENT The meeting adjourned at 4:00 p.m. Chair Community Development Board Community Development Board 1/19/2016 9 O } 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: January 14, 2015 CDB packets being distributed contain the following: Unapproved minutes of previous meeting December 15, 2015 Site investigation form LEVEL TWO APPLICATIONS (ITEMS 1 -3) 1. Case: Case: FLD2015 -04013 — 1314 S. Missouri Avenue Presenter: Kevin Nurnberger, Senior Planner 2. Case: FLD2015 -12049 —317 Coronado Drive Presenter: Kevin Nurnberger, Senior Planner Yes No V Yes No 3. Case: FLD2015 -10041 — 1260 Engman Street Presenter: Matt Jackson, Senior Planner Yes 4. Case: FLD2015 -10040 — 249 Windward Passage Presenter: Matt Jackson, Senior Planner Yes DIRECTOR'S ITEMS: 1. Time Extension Request — FLD2013 -12045 — 802 North Fort Harrison Avenue Yes V No I have conducted a personal investig tion on the personal site visit to the following properties. Signature: Date: % //7 PRINT NA"'p` S: (Planning Department\C D BlAgendas DRC & CDBICDBI2016101 January 201611 Cover MEMO 2015.doc LL } 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: January 14, 2015 CDB packets being distributed contain the following: Unapproved minutes of previous meeting December 15, 2015 Site investigation form LEVEL TWO APPLICATIONS (ITEMS 1 -3) 1. Case: Case: FLD2015 -04013 —13 14 S. Missouri Avenue Presenter: Kevin Nurnberger, Senior Planner Yes No 2. Case: FLD2015 -12049 —317 Coronado Drive Presenter: Kevin Nurnberger, Senior Planner 3. Case: FLD2015 -10041 — 1260 Engman Street Presenter: Matt Jackson, Senior Planner 4. Case: FLD2015 -10040 — 249 Windward Passage Presenter: Matt Jackson, Senior Planner Yes No Yes No Yes No DIRECTOR'S ITEMS: 1. Time Extension Request — FLD2013 -12045 — 802 North Fort Harrison Avenue Yes v I have conducted tigation on the personal site visit to the following properties. Date: ,� ,h -a) l9 )b/T- S. \Planning Department\C D BlAgendas DRC & CDBICDBI20 /6101 January 201611 Cover MEMO 2015.doc } CJearwater 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: January 14, 2015 CDB packets being distributed contain the following. Unapproved minutes of previous meeting December 15, 2015 Site investigation form LEVEL TWO APPLICATIONS (ITEMS 1 -3) 1. Case: Case: FLD2015 -04013 — 1314 S. Missouri Avenue Presenter: Kevin Nurnberger, Senior Planner 2. Case: FLD2015 -12049 —317 Coronado Drive Presenter: Kevin Nurnberger, Senior Planner 3. Case: FLD2015 -10041 — 1260 Engman Street Presenter: Matt Jackson, Senior Planner 4. Case: FLD201 5 -10040 — 249 Windward Passage Presenter: Matt Jackson, Senior Planner Yes, No Yes /No Yes V No Yes No DIRECTOR'S ITEMS: 1. Time Extension Request — FLD2013 -12045 — 802 North Fort Harrison Avenue Yes v No I have conduc s a ersonal investigation on the personal site visit to the following properties. Signature: „ Date: _ • irk ( *la? tt PRINT NAME S:\Planning Department\C D BlAgendas DRC & CDBICDBI2016101 January 201611 Cover MEMO 2015.doc