02/16/2016 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
February 16, 2016
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 Board
Member John Quattrocki
Also Present: Jay Daigneault - Attorney for the Board, Camilo Soto - Assistant City
Attorney, Michael L. Delk - Planning & Development Director, Robert Tefft— Planning
Manager, Patricia O. Sullivan - Board Reporter
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the
Invocation and Pledge of Allegiance.
B. ROLL CALL:
C. APPROVAL OF MINUTES OF PREVIOUS MEETINGS: January 19, 2016
Member Allbritton moved to approve the minutes of the January 19, 2016 Community
Development Board meeting 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
Robert Howards and Jo Beth Dixon said many Island Estates residents had signed the
appeal opposing Clearwater Marine Aquarium's expansion. They said the project would
change the island's character and increase traffic.
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)
PULLED FROM CONSENT AGENDA
1. Case. FLD2015-11048— 18573 US Highway 19 North Level Two Application
See below
PULLED FROM CONSENT AGENDA
2. Case: FLD2015-11046 — 405-415 Island Way Level Two Application
Community Development 2/16/2016 1
See below
3. Case. FLD2015-11047 — 877 Bay Esplanade Level Two Application
Owner: Cherie J. Troven
Applicant: Terri Skapik, Woods Consulting, Inc. (1714 County Road 1, Suite 22,
Dunedin, FL 34698; phone: 727-786-5747, email:
terriskapik(a)-woodsconsulting.org)
Location: 0.212 acre on the eastern side of Bay Esplanade approximately 50 feet
south of the intersection with Kipling Plaza.
Request: The Community Development Board (CDB) is reviewing a new dock at
a single family use in the Low Medium Density Residential (LMDR) District at
877 Bay Esplanade with a proposed length of 86 feet consistent with the
permitted requirements of Section 3-601.
Neighborhood Associations: Clearwater Neighborhoods Coalition and
Clearwater Beach Association
Presenter: Melissa N. Hauck-Baker, AICP, Senior Planner
See below for motion to approve.
4. Case: FLD2015-09038 — 766 Eldorado Avenue Level Two Application
Owner: Michael J. Williams
Applicant: Daniel Dawson 01767 Ashley Court, Seminole, FL 33772; email:
danieldawson(a)-gmail.com)
Location: 0.15 acre on the west side of Eldorado Avenue approximately 207 feet
north of the Bohenia Circle South and Eldorado Avenue intersection.
Request: The Community Development Board is reviewing a detached dwelling
with a pool in the Low Medium Density Residential (LMDR) District for the
Property located at 766 Eldorado Avenue. The project height is 30 feet (from
BFE), and requests allowable flexibility from setback requirements (2-204.E and
3-905.C.3).
Neighborhood Associations: Clearwater Neighborhoods Coalition, Clearwater
Beach Association
Presenter: Kevin W. Nurnberger, Senior Planner
Member Boutzoukas moved to approve Cases FLD2015-11047 and FLD2015-09038 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.
Community Development 2/16/2016 2
PULLED FROM CONSENT AGENDA
1. Case: FLD2015-11048— 18573 US Highway 19 North Level Two Application
Owner: Clearwater Cay Holdings, LLC
Applicant: Joel Miles; Flournoy Development Company (900 Brookstone
Centre Parkway, Columbus GA 31904; phone: 813-716-6390; email:
joel.mies(a-)-flournoydev.com)
Location: 15.64 acres at the northeast corner of US Highway 19 North and
Belleair Road.
Request: The Community Development Board (CDB) is reviewing a
proposed 339-unit multi-family development in the Commercial (C) District
for the property located at 18573 US Highway 19 North. The project will
consist of 15 buildings between 14 feet and 58 feet in height (78 feet to the
upper most architectural features - cupolas), includes a minimum of 509
parking spaces (1.5 spaces per dwelling unit), requests allowable flexibility
with regard to the use (Community Development Code Section 2-7041) and
requests allowable flexibility with regard to buffer width and interior
landscape island dimensions (Community Development Code Section 3-
1202.G).
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Mark T. Parry, AICP, Senior Planner
James Engelbrecht requested Party Status.
Member Boutzoukas moved to grant James Engelbrecht Party Status. The motion was
duly seconded and carried unanimously. Alternate Member Quattrocki did not vote.
Max Emdadi requested Party Status as representative of the Grand Bellagio Condo
Association.
Member Boutzoukas moved to grant the Grand Bellagio Condo Association Party
Status. The motion was duly seconded and carried unanimously. Alternate Member
Quattrocki did not vote.
Realtor Colleen Tuttle requested Party Status on behalf of property owner Zomers
Heheer BV.
Member Funk moved to grant Colleen Tuttle Party Status on behalf of property owner
Zomers Heheer BV. The motion was duly seconded and carried unanimously. Alternate
Member Quattrocki did not vote.
Member Allbritton moved to accept Robert Tefft as an expert witness in the fields of
zoning, site plan analysis, code administration, and planning in general. The motion was
duly seconded and carried unanimously. Alternate Member Quattrocki did not vote.
Community Development 2/16/2016 3
Assistant City Attorney Camilo Soto requested the CDB (Community Development
Board) accept Mark Parry, author of the Staff Report, as an expert witness. Attorney for
the Board Jay Daigneault said Mr. Parry was not present and could not be cross-
examined.
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.
Planning Manager Robert Tefft reviewed the Staff Report.
Member Funk 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. Alternate Member Quattrocki did not vote.
Member Funk moved to accept Ron Anderson as a expert witness in the field of Civil
Engineering. The motion was duly seconded and carried unanimously. Alternate
Member Quattrocki did not vote.
Attorney Scott Steady, representing Flournoy Development Company, said Flournoy had
a development contract with the property's owner, Clearwater Cay Club Community
Development District municipal bond holders. He said Flournoy worked with staff re City
US 19 Corridor Zoning District Development Standards. He said the proposal meets
current requirements and new standards.
Max Emdadi, on behalf of Party Status holder Grand Bellagio Condo Association: 1)
opposed garbage compressors in front of Grand Venezia and Grand Bellagio
condominium exit gates, used daily by approximately 700 residential vehicles, stating
the compressors would be unsightly, could pose safety/fire hazard, and garbage trucks
would traverse Grand Bellagio property for access; 2) expressed concern that project
residents would traverse Grand Bellagio property to turn south on US Highway 19 at
Belleair Road; 3) expressed concern the project would block the Grand Bellagio rear fire
engine access gate; 4) expressed concern vehicles from 339 project units would
exacerbate already serious traffic delays and backups at the Belleair Road/US Highway
19 intersection; and 5) for safety, requested an 8-foot chain link fence separate the
properties.
Party Status holder James Engelbrecht said the project would prevent 300 Bay
Aristocrat residents from accessing Belleair Road and would limit mobile home park
egress to the US Highway 19 frontage road, which switched from one to two lanes, had
heavy, fast-moving traffic, and when blocked by an accident, would obstruct emergency
vehicle access to Bay Aristocrat. He said southbound Bay Aristocrat residents would
Community Development 2/16/2016 4
have to drive north to Gulf-to-Bay Boulevard to make a safe u-turn. He said since US
Highway 19 blocked Harn Boulevard and Nursery Road, Belleair Road traffic had
increased significantly, with bumper to bumper traffic extending to Missouri Avenue
during rush hour. He said Belleair Road could not handle the project's additional traffic.
He said the project would intensify area flooding problems.
Colleen Tuttle, Party Status holder on behalf of property owner Zomers Heheer BV, said
the Grand Bellagio/Grand Venezia developments had parking problems and vehicular
access to Belleair Road was difficult. She said the person who developed the
Clearwater Cay Club Community Development District was convicted of bank fraud and
the property was acquired fraudulently. She said in 2000, the City was aware the Grand
Bellagio and Grand Venezia had operating and maintenance agreements but allowed
the Clearwater Cay Club Community Development District to acquire the Grand
Venezia's land without the knowledge of some residents. She said the subject property
was zoned Commercial and developing it with another office building and retail
businesses would be an asset to current condo owners and the City. She said the
development pattern should replicate the Whitney Road/US Highway 19 intersection
where commercial businesses lined US Highway 19 and residences were waterfront.
In response to questions from Party Status holder Engelbrecht, Mr. Tefft said the Code
allowed flexibility when a project met certain criteria.
In response to questions, Attorney Steady said Flournoy was negotiating with the Grand
Bellagio Condo Association's attorney to use the association's easement. He said the
subject property's northern end had no public right-of-way or easement for the mobile
home park; any development would block mobile home park access to the subject
property. He said ownership of the road to the Grand Bellagio and Grand Venezia
developments was being negotiated. He agreed the project could not be built without
use of the association's easement. He said while the fire access gate on the common
property line was overgrown and had not been used for many years, Flournoy would
retain the redundant gate if the City determined the secondary access was necessary. He
said the Fire Department would have access through the subject property and its gate.
In response to a question, Ron Anderson, representing Flournoy Development
Company, said the location of the project's garbage compressors was intended to ease
ingress and egress. He said Grand Bellagio dumpsters were on the other side of the
gate. He said the office building had authorized use of its property for access to the
garbage compressors without impeding Belleair Road traffic. He said Flournoy planned
to integrate frontage road access through out-parcels, blocking the curb cut at the former
New York New York site to create a green buffer and enhance the pedestrian experience.
Mr. Emdadi, on behalf of Party Status holder Grand Bellagio Condo Association, said
the association's attorney was not negotiating an easement to provide access to the
Community Development 2/16/2016 5
garbage compressors' proposed location. He said Grand Bellagio dumpsters were on a
private road, approximately one-half mile from the gate.
Attorney Steady said Flournoy had a reputation as a quality developer and worked with
staff to integrate the project with the office building and failed commercial development.
He said staff supported the project as a good transition between the mobile home park to
the north and condominiums to the west. He said if the project did not succeed, the
property would be developed with a high density commercial use. He said the proposal
was a good use of the property and a good way to integrate the entire neighborhood.
Discussion ensued with a recommendation that access to the project should not be
restricted to Belleair Road and concern expressed that multiple curb cuts along the
frontage road would impede Bay Aristocrat access to the road. It was suggested that the
CDB not interfere with association negotiations as the Grand Bellagio Condo
Association controlled the project's ability to move forward. Concern was expressed that
adding more than 300 units to a congested area with existing traffic problems could be a
safety concern. Comments were made that the dumpster issue could be and should be
solved and the dumpster could be reoriented as community gateways and entryways
were important.
Member Funk moved to approve Case FLD2015-11048 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 plus a condition of approval requiring that the
garbage compactor be reoriented away from the vicinity of the Grand Bellagio and
Grand Venezia gate. The motion was duly seconded and carried unanimously. Alternate
Member Quattrocki did not vote.
PULLED FROM CONSENT AGENDA
2. Case: FLD2015-11046 —405-415 Island Way Level Two Application
Owner: Lincolnshire 405 Island Way Apts LLC/Lincolnshire 415 Island Way
LLC
Applicant: Terri Skapik, Woods Consulting, Inc. (1714 County Road 1, Suite
22, Dunedin, FL 34698; phone: 727-786-5747, email:
terriskapik(a-)-woodsconsulting.org)
Location: 1.35 acres on the eastern side of Island Way approximately 100
feet south of the intersection of Skiff Point.
Request: The Community Development Board (CDB) is reviewing a
proposed 2,729 square-foot dock as accessory to a previously approved
attached dwellings use in the Medium High Density Residential (MHDR)
District of the Island Estates Neighborhood Conservation Overlay
(IENCOD) District for the property located at 405-415 Island Way (Section 3-
601.C.).
Neighborhood Associations: Clearwater Neighborhoods Coalition, Island
Community Development 2/16/2016 6
Estates Civic Association and Clearwater Beach Association
Presenter: Melissa N. Hauck-Baker, AICP, Senior Planner
Laurence Bagan requested Party Status.
Member Allbritton moved to grant Laurence Bagan Party Status. The motion was duly
seconded and carried unanimously. Alternate Member Quattrocki did not vote.
Member Anuszkiewicz moved to accept Melissa Hauck-Baker as an expert witness in
the fields of comprehensive and redevelopment planning; zoning, historic preservation,
land development and landscaping ordinance interpretation, amendment and
administration; site plan analysis and preparation. The motion was duly seconded and
carried unanimously. Alternate Member Quattrocki did not vote.
Senior Planner Melissa Hauck-Baker reviewed the Staff Report.
Member Funk moved to accept Terri Skapik as a expert witness in the field of marina
and dock design and permitting. The motion was duly seconded and carried
unanimously. Alternate Member Quattrocki did not vote.
Party Status holder Laurence Bagan referenced the proposed location of Slip 1 and
expressed concern re his condominium association's potential liability if boaters step on
the condominium's property when accessing boats.
Terri Skapik, representing the applicant, said the dock's design provided a larger setback
than required. She said Slips 1 and 2 would hold one or two boats. She presented a
diagram illustrating how boats would back into the space(s) and passengers would
dismount onto the access wall, which will be almost 16 feet wide. A tie pole, setback one
foot from the property line, will separate boats from the adjacent property. Tie poles could
be installed without a dock.
Ed Armstrong, Attorney for the applicant, said a 6-foot high fence will separate the
properties. He said the application met all criteria of the Code.
Party Status holder Bagan said the fence would protect his condominium's property
from liability, which allayed his concerns.
Community Development 2/16/2016 7
Member Boutzoukas moved to approve Case FLD2015 -11046 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. Alternate Member Quattrocki did not vote.
F. ADJOURNMENT
The meeting adjourned at 2:35 p.m.
Attest
Boar • eporter
Community Development 2/16/2016
Chair
Community Development Board
(D C1earwater
0
Interdepartmental Correspondence Sheet
TO: Conununity 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: February 16,2016
CDB packets being distributed contain the following:
Unapproved minutes of previous meeting January 19, 2016
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -4)
1. Case: FLD2015- 11048— 18573 US Highway 19 North
Presenter: Mark T. Parry, AICP, Senior Planner Yes X No
2. Case: FLD2015 -11046 — 405 -415 Island Way
Presenter: Melissa N. Hauck- Baker, AICP, Senior Planner
Yes X. No
3. Case: FLD2015 -1 1047 — 877 Bay Esplanade
Presenter: Melissa N. Hauck - Baker, AICP, Senior Planner
Yes No
4. Case: FLD2015 -09038 — 766 Eldorado Avenue y
Presenter: Kevin W. Nurnberger, Senior Planner Yes /` No
I have conducted a personal investigation on the personal site visit to the following properties.
Signature:
0,46/ Date: WW16.
t.M tc-a 4i-�i
PRINT NAME
S :'Planning Deparonent C D 6'_- lgendas DRC & CDB CDB 2016 02 Fe brunrr 2016 1 ('over .116,1 10 2016.doc
:ater
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: February 16,2016
CDB packets being distributed contain the following:
Unapproved minutes of previous meeting January 19, 2016
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 14)
1. Case: FLD2015- 11048— 18573 US Highway 19 North
Presenter: Mark T. Parry, AICP, Senior Planner Yes
2. Case: FLD2015 -11046 — 405 -415 Island Way
Presenter: Melissa N. Hauck - Baker, AICP, Senior Planner
Yes \ No
3. Case: FLD2015 -1 1047 — 877 Bay Esplanade
Presenter: Melissa N. Hauck - Baker, AICP, Senior Planner
Yes Vs. No
4. Case: FLD2015 -09038 — 766 Eldorado Avenue
Presenter: Kevin W. Nurnberger, Senior Planner Yes
I have conducted 0-personal investigation on the personal site visit to the following properties.
Date: 12, 1 t
Signature:
ti 1___)
PRINT NAME
rVx
S :•\Planning Department\C D BUAgendas DRC & CDBICDBI2016102 February 201611 Cover MEMO 2016.doc
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: February 16,2016
CDB packets being distributed contain the following:
Unapproved minutes of previous meeting January 19, 2016
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1-4)
1. Case: FLD2015- 11048— 18573 US Highway 19 North
Presenter: Mark T. Parry, AICP, Senior Planner
Yes No,
2. Case: FLD2015 -11046 — 405 -415 Island Way
Presenter: Melissa N. Hauck- Baker, CP, Senior Planner
Yes No
3. Case: FLD2015 -11047 — 877 Bay Esplanade
Presenter: Melissa N. Hauck - Baker, AICP, Senior Planner
Yes No
4. Case: FLD2015 -09038 — 766 Eldorado Avenue
Presenter: Kevin W. Nurnberger, Senior Planner Yes No
I have conducted a personal investigation on the personal site visit to the follozing properties.
2.7/1A
Signature:
PRINT NAME
Date:
S :'Plairning Department C D B Agendas DRC CDB'C DB- 2016,02 FeIruarr 2016 1 : over .11E110 2016.doc
1c), 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: February 16,2016
CDB packets being distributed contain the following:
Unapproved minutes of previous meeting January 19, 2016
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -4)
1. Case: FLD2015- 11048— 18573 US Highway 19 North
Presenter: Mark T. Parry, AICP, Senior Planner Yes No
2. Case: FLD2015 -11046 — 405 -415 Island Way
Presenter: Melissa N. Hck- Baker, AICP, Senior Planner
Yes No
3. Case: FLD2015 -1 1047 — 877 Bay Esplanade
Presenter. elissa N. Hauck - Baker, AICP, Senior Planner
Yes / No
4. Case: FLD2015 -09038 — 766 Eldorado Avenue
Presenter: Kevin W. Nurnberger, Senior Planner Yes / No
I have conducted a p song nvestiga on on thy personal site visit to the following properties.
Signature: ` Date: z 1/
PRINT N
S Planning Department C D B Agendas DRC K CDB' C DB 20/6,02 Febrnan. 2016 1 Cover .11E.t10 2016.c/oc
Clearwater
Interdepartmental Correspondence Sheet
TO: Cornrnunity 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: February 16,2016
CDB packets being distributed contain the following:
Unapproved minutes of previous meeting January 19, 2016
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -4)
1. Case: FLD2015- 11048— 18573 US Highway 19 North
Presenter: Mark T. Party, AICP, Senior Planner Yes No
2. Case: FLD2015 -11046 — 405 15 Island Way
Presenter: Melissa N. ick- Baker, AICP, Senior Planner
Yes No
3. Case: FL I 115 -11047 — 877 Bay Esplanade
Prese -r: Melissa N. Hauck - Baker, AICP, Senior Planner
Yes No
4. Case: FLD2015 -09038 — 766 Eldorado Avenue
Presenter: Kevin W. Nurnberger, Senior Planner Yes No
I have conducte
Signature:
a per . na
stigation on the personal site visit to the foll /owing properties.
Date: <� 6 /0_0(6
eqty A c_ et()
PRINT NAME
.S :''Planning Department D B'.- Igendas DRC & CDB CDB 20/6 02 February 20/6 1 Cover SIEAIO 2016.c/oc
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: February 16,2016
CDB packets being distributed contain the following:
Unapproved minutes of previous meeting January 19, 2016
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1-4)
1. Case: FLD2015- 11048— 18573 US Highway 19 North
Presenter: Mark T. Parry, AICP, Senior Planner Yes )l. No
2. Case: FLD2015- 11046 — 405 -415 Island Way
Presenter: Melissa N. Hauck - Baker, AICP, Senior Planner
Yes %r No
3. Case: FLD2015 -1 1047 — 877 Bay Esplanade
Presenter: Melissa N. Hauck- Baker, AICP, Senior Planner
Yes X No
4. Case: FLD2015 -09038 — 766 Eldorado Avenue
Presenter: Kevin W. Nurnberger, Senior Planner Yes JG
I hav coy R a�. i estigation on the personal site visit to the following properties.
Signa
m
NT NAME
Date: vim- /
S:' Planning Deparhnent C D B'_1gendas DRC & CDB { DB 2016 -02 Febwarr 20161 Corer .11E:1IO 2016.aoc