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07/19/2016 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 19, 2016 Present: Chair Brian A. Barker, Vice Chair John Funk, Board Member Michael Boutzoukas, Board Member David Allbritton, Board Member Christopher J. Anuszkiewicz, Board Member Mary A. Lau, Board Member Mike Flanery, 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. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. B. ROLL CALL: C. APPROVAL OF MINUTES OF PREVIOUS MEETING: June 21', 2016 Member Funk moved to approve the minutes of the June 21, 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: None E. CONTINUE TO THE MEETING OF August 16, 2016 (Item 1) 1. Case: FLD2016-05013 — 667 Bay Esplanade Level Two Application Owner: Clearwater Bay Club, LLC. Applicant: Robin Gage, Northside Engineering Inc. (300 S. Belcher Road Clearwater, FL 33765; phone: 727-531-8517; email: robin(cDnorthsideengineering.net) Location: 1.93 acres on the east side of Bay Esplanade, approximately 385 east of Poinsettia Avenue. Request: The Community Development Board is reviewing a proposed 14 unit overnight accommodation in the Tourist (T) District for the property located at 667 Bay Esplanade. The project is 58 feet in height (from BFE), includes 17 off-street parking spaces and requests allowable flexibility from lot width and setback Community Development 7/19/2016 1 requirements, 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, Clearwater Beach Association Presenter: Kevin W. Nurnberger, Senior Planner Member Funk moved to continue Case FLD2016-05013 to August 16, 2016. The motion was duly seconded and carried unanimously. Alternate Member Quattrocki did not vote. F. 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 1-2) 1 Case: FLD2016-04011— 1810 North Belcher Road Level Two Application Owner: BayWay Management, Incorporated Applicant: Robert Pergolizzi, AICP/PTP; Gulf Coast Consulting, Inc. (13825 Icot Boulevard, Suite 605 Clearwater, FL 33760; phone: 727-524-1818; pergo(a)qulfcoastconsultinginc.com) Location: 1.1 acres at southwest corner of North Belcher Road and Sunnydale Boulevard. Request: The Community Development Board is reviewing a Comprehensive Infill Redevelopment Project in the Industrial/ Research and Technology (IRT) District for property located at 1810 North Belcher Road. The project would allow for an office or retail sales and services use, is 20 feet in height, includes 21 parking spaces, and requests allowable flexibility from setbacks and landscaping requirements (Section 2- 1304.D and 3-1202.G). Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Matt Jackson, Senior Planner Member Boutzoukas moved to approve Case FLD2016-04011 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 and carried unanimously. Alternate Member Quattrocki did not vote. 2. PULLED FROM CONSENT AGENDA Case: TA2016-06001 —Amendments to the Clearwater Code of Ordinances and the Community Development Code Level Three Application Applicant: City of Clearwater Request: Review and recommendation to the City Council, of an amendment to the Code of Ordinances and the Community Development Code. Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Robert G. Tefft, Development Review Manager Community Development 7/19/2016 2 Development Review Manager Robert Tefft reviewed the staff report. In response to questions, Senior Professional Engineer Jennifer Shannon discussed proposed changes to landscaping requirements, including allowing plantings in bio swales and around dry stormwater facilities and permitting maintenance of the vegetation as it grows. Rain gardens would be allowed. Member Anuszkiewicz moved to recommend approval of Case TA2016-06001 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. G. LEVEL TWO APPLICATIONS: (Item 1): 1. Case: FLD2016-03008 —440 South Gulfview Boulevard Level Two Application Owner: Four Forty West Association, Incorporated Applicant: Steven Stavrevski, Belleair Construction (2840 West Bay Drive, #287 Belleair Bluffs, FL 33770; phone: 727-687-4174; email: info(cDbelleairconstruction.com) Location: 4.9 acres at the northwest corner of South Gulfview Boulevard and Hamden Drive. Request: The Community Development Board is reviewing a proposed outdoor grill area for an existing attached dwelling development in the Tourist (T) District for the property located at 440 South Gulfview Boulevard. The project requests allowable flexibility from setback requirements (Sections 2-803.D and 3-905.C.3). Neighborhood Associations: Clearwater Neighborhoods Coalition, Clearwater Beach Association Presenter: Matt Jackson, Senior Planner Attorney Richard Heiden requested Party Status on behalf of Robert and Joanne Post. Member Boutzoukas approved Party Status for Richard Heiden on behalf of Robert and Joanne Post. The motion was duly seconded and carried unanimously. Alternate Member Quattrocki did not vote. Member Allbritton 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. Alternate Member Quattrocki did not vote. Senior Planner Matt Jackson reviewed the Staff Report. Applicant Mike Schaaf, representing Four Forty West Association, said the Board of Directors had determined the proposed location was best for new barbeque grills where Community Development 7/19/2016 3 they would be out of the way and not obstruct owners' views of the pool deck. He submitted copies of proposed rules and regulations for use of the barbeques. Party Status Holder Richard Heiden on behalf of Robert and Joanne Post opposed the proposed location for the grills. He said the location of the swimming pool and proposed barbeque grills did not comply with Code. He played a video showing waves cresting over the seawall and sea water flowing into the swimming pool. He said the area floods once or twice a year and vehicles in the parking garage float during floods. He said the grass area should not be replaced with an impervious surface and recommended the grills be located elsewhere on the property. In response to questions, Mr. Jackson said he had looked at the entire property and supported the proposed location next to a blank wall. All onsite development was landward of the CCCL (Coastal Construction Control Line). This amenity and its location were typical for similar condominium developments and would not create a scent problem. He had reviewed calculations provided by a professional indicating the property was 86% impervious. He was not present when the seawall was built and could not comment on its construction. Three residents spoke in favor of the project, noting the condo association had approved the grill location and vehicles had not floated in the parking garage in the last 21 years. Robert Post said he disputed the condominium owner vote to approve the grill location and would resubmit his complaint to the State of Florida. Party Status Holder Heiden said the Posts objected to the location of these amenities. He said it would not be impractical to situate the grills in the common area where a variance would not be necessary. Web Melton, representing Four Forty West Association, said the community wanted to modernize the property and had done all possible to minimize impacts on residents. He said no one would use the grills if they were in the parking lot. He said it would be impractical to locate the grills in the middle of the common area because a significant amount of concrete would have to be cut to install gas lines. He said the Posts had raised objections throughout the process. It was stated association voting procedures were not relevant to the board's decision and if the State overturned the vote, the project would not move forward. It was noted the board previously had approved similar requests and that the City's flexible Code permitted these types of projects. Community Development 7/19/2016 4 Member Anuszkiewicz moved to approve Case FLD2016 -03008 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. H. ADJOURNMENT The meeting adjourned at 2:03 p.m. Chair Community Development Board Community Development 7/19/2016 5 TO: FROM: COPIES: CITY OF CLEARWATER C L EARWATER PLANNING & DEVELOPMENT, POST OFFICE Box 4745, t LEARWATE =.R. FL, RID; 33758-4748 MUNICIPAL. SERVICES BUII.DIN . 100 SOUTH MYRTLE AVENUE, CLE ARWAT R, FLORIDA 33756 TELEPHONE (727) 562 -4567 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: July 19, 2016 CDB packets being distributed contain the following: Unapproved minutes of previous meeting June 21, 2016 Site investigation form CONTINUED TO THE AUGUST 16, 2016 MEETING (ITEMS 1) 1. Case: FLD2016 -05013 — 667 Bay Esplanade Presenter: Kevin Nurnberger, Senior Planner LEVEL TWO APPLICATIONS (ITEMS 1 -2) 1. Case: FLD2016-04011— 1810 North Belcher Road Presen er: Matt Jackson, Senior Planner Yes No 2. Case: FLD2016 -03008 — 440 South Gulfview Boulevard Presenter: Matt Jackson, Senior Planner Yes ?D No LEVEL THREE APPLICATIONS (ITEMS 1) I have c Signat 1. Case: TA2016 -06001 — Amendments to the Clearwater Code of Ordinances and the Community Development Code Presenter: Robert Tefft, Development Review Manager ,V. 4.00 ��.• kWeifialrifir ', 7) 4 72 NAME vestigation on the personal site visit to the following properties. Date: 7-/8-/e S:\Planning Department\C D BlAgendas DRC & CDBICDB12016107 July 201611 Cover MEMO 2016.docx CITY OF CLEARWATER C LEAR ATER PLANNING & DEVELOPMENT, POST OFFICE .F4cx 4748, CLEAR .\T R. FIPRIDA 33758 -4748 MUNICIPAL SERVICES BU JDiNG, 100 SOUTH MYRTLE AVENGE, C_T EAR N ER, FLORIDA 33756 TELEPHONE (727) 362 -4567 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: July 19, 2016 CDB packets being distributed contain the following: Unapproved minutes of previous meeting June 21, 2016 Site investigation form CONTINUED TO THE AUGUST 16, 2016 MEETING (ITEMS 1) 1. Case: FLD2016 -05013 — 667 Bay Esplanade Presenter: Kevin Nurnberger, Senior Planner LEVEL TWO APPLICATIONS (ITEMS 1 -2) 1. Case: FLD2016- 04011— 1810 North Belcher Road Presenter: Matt Jackson, Senior Planner Yes No 2. Case: FLD2016 -03008 — 440 South Gulfview Boulevard Presenter: Matt Jackson, Senior Planner Yes No LEVEL THREE APPLICATIONS (ITEMS 1) 1. Case: TA2016 -06001 — Amendments to the Clearwater Code of Ordinances and the Community Development Code Presenter: Robert Tefft, Development Review Manager I have conducted a personal investigation on the personal site visit to the following properties. Signature: Q.�5 ' Q62. PRINT NAME Date: 144 W% S:\Planning Department\C D BlAgendas DRC & CDBICDB12016107 July 201611 Cover MEMO 2016.docx CITY OF CLEARWATER CLEAR aria PLANNING & DEVELOPMENT, POST OFFICE .Box 4748, CLEARAAATIKR, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLE.:AR 4ATE , F'L RiDd 33756 TELEPHONE (72 7) l 5624567 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: July 19, 2016 CDB packets being distributed contain the following: Unapproved minutes of previous meeting June 21, 2016 Site investigation form CONTINUED TO THE AUGUST 16, 2016 MEETING (ITEMS 1) 1. Case: FLD2016 -05013 — 667 Bay Esplanade Presenter: Kevin Nurnberger, Senior Planner LEVEL TWO APPLICATIONS (ITEMS 1 -2) 1. Case: FLD2016- 04011 -1810 North Belcher Road Presenter: Matt Jackson, Senior Planner Yes No 2. Case: FLD2016 -03008 — 440 South Gulfview Boulevard Presenter: Matt Jack n, Senior Planner Yes No LEVEL THREE APPLICATIONS (ITEMS 1) 1. Case: TA2016 -06001 — Amendments to the Clearwater Code of Ordinances and the Community Development Code Presenter: Robert Tefft, Development Review Manager I have conducted a personal investi!a ion on the personal site visit to the following- properties. 7//9/6 Signature: PRINT NAME J� r� "Ea-r)6 Date: S:\Planning Department\C D BlAgendas DRC & CDBICDBI2016107 July 201611 Cover MEMO 2016.docx CITY OF CLEARWATER C.LL\R\\'VrER PUNNING & DEVELOPMENT, POST OFFICE BOX 4748, CLEARWATER, ;REDA 33758-4748 MUNICIPAL SERVICES B IDINO, 100 SOUTH MYRTLE AVENUE, CLEARW.I:ER, FLORIDA 33756 TELEPHONE t / 2 7 1 562 -4567 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: July 19, 2016 CDB packets being distributed contain the following: Unapproved minutes of previous meeting June 21, 2016 Site investigation form CONTINUED TO THE AUGUST 16, 2016 MEETING (ITEMS 1) 1. Case: FLD2016 -05013 — 667 Bay Esplanade Presenter: Kevin Nurnberger, Senior Planner LEVEL TWO APPLICATIONS (ITEMS 1 -2) 1. Case: FLD2 16 -04011 -1810 North Belcher Road Present : Matt Jackson, Senior Planner Yes No 2. Case: FLD2016 -03008 — 440 South Gulfview Boulevard Presen Matt Jackson, Senior Planner Yes No LEVEL THREE APPLICATIONS (ITEMS 1) 1. Case: TA2016 -06001 — Amendments to the Clearwater Code of Ordinances and the Community Development Code Presenter: Robert Tefft, Development Review Manager I have conducte Signature: /1 ? LdJ RINT NAME estigation on the personal site visit to the following properties. Date: 7 /l 8 b201 S:\Planning Department\C D BlAgendas DRC & CDBICDBI2016107 July 201611 Cover MEMO 2016.docx CITY OF CLEARWATER CLEARWrATER PLANNING & DEVELOPMENT, NT, POST OFFICE Box 4748, Cu AR1k:1TER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 Souiit MYRTLE, AVENUE, C.LEARtiA_ER, FLORIDA 33756 TELEPHONE (727) 362 -4567 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: July 19, 2016 CDB packets being distributed contain the following: Unapproved minutes of previous meeting June 21, 2016 Site investigation form CONTINUED TO THE AUGUST 16, 2016 MEETING (ITEMS 1) 1. Case: FLD2016 -05013 — 667 Bay Esplanade Presenter: Kevin Nurnberger, Senior Planner LEVEL TWO APPLICATIONS (ITEMS 1 -2) 1. Case: FLD2016- 04011— 1810 North Belcher Road Presentee: Matt Jackson, Senior Planner Yes ,, No 2. Case: FLD 16 -03008 — 440 South Gulfview Boulevard Presente Matt Jackson, Senior Planner Yes No LEVEL THREE APPLICATIONS (ITEMS 1) 1. Case: TA2016 -06001 — Amendments to the Clearwater Code of Ordinances and the Community Development Code Presenter: Robert Tefft, Development Review Manager I have conducted a personal investigation on the personal site visit to the following properties. Signature: PRINT NAME Date: S:\Planning Department\C D BlAgendas DRC & CDBICDBI2016107 July 201611 Cover MEMO 2016.docx CITY OF CLEARWATER t LEARWATER PLANNING & DE. '[LURSI :NT, POST OFFICE 134:1)X 4748, t tEAR\XATER. FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (27) 562 -4567 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: July 19, 2016 CDB packets being distributed contain the following: Unapproved minutes of previous meeting June 21, 2016 Site investigation form CONTINUED TO THE AUGUST 16, 2016 MEETING (ITEMS 1) 1. Case: FLD2016 -05013 — 667 Bay Esplanade Presenter: Kevin Nurnberger, Senior Planner LEVEL TWO APPLICATIONS (ITEMS 1 -2) 1. Case: FLD2016- 04011 -1810 North Belcher Road Pres ter: Matt Jackson, Senior Planner Yes l , No 2. Case: FLD2016 -03008 — 440 South Gulfview Boulevard Presenter: Matt Jackson, Senior Planner Yes A /' No LEVEL THREE APPLICATIONS (ITEMS 1) 1. Case: TA2016 -06001 — Amendments to the Clearwater Code of Ordinances and the Community Development Code Presenter: Robert Tefft, Development Review Manager I have conducted ersonal investigation on the ersonal site visit to the of PRINT NAME S: \Planning Department1C D BlAgendas DRC & CDBICDBI2016107 July 201611 Cover MEMO 2016.docx