09/20/2016 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
September 20, 2016
Present: Chair Brian A Barker, Vice Chair John Funk, Board Member Michael
Boutzoukas, Board Member Christopher J. Anuszkiewicz, Board Member Mary A. Lau,
Board Member Mike Flanery, and Acting Board Member John Quattrocki.
Absent: Board Member David Allbritton.
Also present: Jay Daigneault - Attorney for the Board, Camilo Soto - Assistant City
Attorney, Gina Clayton - Assistant Planning & Development Director, Robert Tefft—
Planning Manager, Nicole Sprague - Official Records and Legislative Services
Coo rd in ator
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The Chair called the meeting to order at 1:00 p.m. followed by the Invocation and
Pledge of Allegiance.
B. ROLL CALL:
C. APPROVAL OF MINUTES OF PREVIOUS MEETINGS: August 16, 2016
Member Funk moved to approve the minutes of the August 16, 2016 Community
Development Board meeting 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. Case: FLD2016-06018— 301 South Gulfview Boulevard Level Two Application
Owner: BW CW Hospitality, LLC
Applicant: Katherine E. Cole, Hill Ward Henderson (600 Cleveland Street, Clearwater,
FL 33755; phone: 727-724-3900; email: Katie.Cole @hwhlaw.com)
Location: 1.56 acres bounded by 2nd street to the north, Coronado Drive to the east
and South Gulfview Boulevard to the west.
Request: The Community Development Board (CDB) is reviewing a proposed transfer
of eight overnight accommodation units from 619 South Gulfview Boulevard and 29
overnight accommodation units from 483 Mandalay Avenue to the property located at
301 South Gulfview Boulevard under the provisions of CDC Sections 4-1402 and 4-
1403.
Community Development 2016-09-20 1
Neighborhood Associations: Clearwater Neighborhoods Coalition, Clearwater Beach
Association
Presenter: Matt Jackson, Senior Planner
See below for motion of approval.
PULLED FROM CONSENT AGENDA
2. Case: FLD2016-03007 — 1861 N. Highland Avenue Level Two Application
See below.
3. Case: FLD2016-06019 — 900 S. Ft. Harrison Avenue Level Two Application
Owner: F. David Hemerick
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: 0.40 acre at the southwest corner of South Fort Harrison Avenue and Jasmine
Way.
Request: The Community Development Board (CDB) is reviewing a Comprehensive
Infill Redevelopment Project in the Office (0) District and a non-residential off-street
parking area in the Low Medium Density Residential (LMDR) District for property
located at 900 South Fort Harrison Avenue. The project is 27.75 feet in height, includes
13 parking spaces and requests allowable flexibility from setbacks and landscaping
requirements (Sections 2-204.C, 2-1004.A and 3-1202.G)
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Melissa Hauck-Baker, AICP, Senior Planner
Member Anuszkiewicz moved to approve Cases FLD2016-06018 and FLD2016-06019
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.
4. Case - FLD2013-08028 — 691 South Gulfview Boulevard Level Two Application
Owner: Enchantment, LLC
Applicant: Ed Hooper (P.O. Box 4268, Clearwater, FL, 33756; phone: (727) 458-4571;
email: ehooper1(aaol.com)
Location: 1.377 acres at the southwest corner of Parkway Drive and South Gulfview
Boulevard
Request: The Community Development Board (CDB) is reviewing a request to extend
the validity of the Development Order for an additional one-year, until December 17,
2017.
Neighborhood Associations: Clearwater Beach Association; Clearwater Neighborhoods
Coalition
Presenter: Kevin W. Nurnberger, Senior Planner
Community Development 2016-09-20 2
Chair Barker declared a conflict of interest.
Member Funk moved to approve FLD2013-08028 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 Funk, Boutzoukas,
Anuszkiewicz, Lau, Flanery, and Acting Member Quattrocki voted "Aye"; Chair Barker
abstained. Motion carried.
2. Case: FLD2016-03007 — 1861 N. Highland Avenue Level Two Application
Owner: Loren M. Pollack and Sara H. Scher, TRE, c/o Kash N Karry#17857 PO Box
1000, Portland, ME, 04104-5005
Applicant: Stephen Fowler, Fowler Associates Architects, Inc., 1421 Court Street,
Clearwater, FL 33756; phone: 727-449-2021; fowl era rch(a)-aol.com
Location: 8.7 acres at the southeast corner of North Highland Avenue with Sunset Point
Road. Request: The Community Development Board (CDB) is reviewing a
Comprehensive Infill Redevelopment Project in the Commercial (C) District for property
located at 1861 N. Highland Avenue. The project is 32 feet in height, includes 408
parking spaces and requests allowable flexibility from setbacks and landscaping
requirements (Section 2-704.F and 3-1202.G)
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Melissa Hauck-Baker, AICP, Senior Planner
Member Funk 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.
Senior Planner Melissa Hauck-Baker reviewed the Staff Report.
Concern was expressed that the site plan did not show new shrubs to be planted along
Highland Avenue. It was stated that landscaping along the property's southern and
western boundaries was of poor quality and the site's subpar appearance needed to be
dressed.
Ms. Hauk-Baker reviewed the project's plan to remove and replace deteriorated plant
materials and plant between trees that will be retained. Additional plant materials were
planned along the western property line. The southern border, adjacent to a Walmart
Neighborhood Store, did not have a landscape buffer.
In response to a question, she said if the outparcel was developed, the property owner
would need to come to the City for a permit, which would require that sufficient parking for
a retail use existed before the main structure could be used again for retail use.
Community Development 2016-09-20 3
Architect Steve Fowler, representing the applicant, said the outparcel had not been
leased; the lease would be by land lease. He said the site had sufficient parking for a
restaurant, the most severe use possible for the outparcel.
Mr. Fowler said shrubs would be reestablished along the site's perimeter and interior. He
said according to the tree survey, 2 oak trees along Highland Avenue would be replaced.
He said most, if not all shrubs along the southern buffer would be replaced. He said
subpar bushes would be replaced.
Concern was expressed landscaping would not be sufficiently replaced if costs were
high. It was indicated that landscaping screening was needed along Highland Avenue.
Member Anuszkiewicz moved to approve FLD2016 -03007 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 and to insert after Condition of Approval 2; "3) That no loading or unloading will
occur along the rear of the building and will be limited to the area west and south of the
building and 4) Plant material replacement along Highland Avenue and the southern
boundary to be at least 3 -feet high and provide total opacity." The motion was duly
seconded and carried unanimously.
F. ADJOURN
The meeting adjourned at 1:28 p.m.
U,Ce-Chai
Community Development Board
Community Development 2016 -09 -20 4
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME - -FIRST NAME - MIDDLE NAME
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WHICH I SERVE l
NAME OF POLITICA SUBDIVISION:
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MY POSITION IS:
❑ ELECTIVE q+�_HPPOINTIVE
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 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 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
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a 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 (CRAs) 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).
« « It « « « « « « «
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
minutes 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 are not prohibited by Section 112.3143 from otherwise
participating 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 page 2)
CE FORM 86 - EFF, 11/2013
Adopted by reference in Rule 347 010(1)(f), F.A.C.
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' -n J3AV'1
, hereby disclose that on
(a) A easure came or wit come before my agency which (check one or more)
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
whom I am retained; or
inured to the special gain or loss of
A0 , 20 /6
is the parent subsidiary, or sibling 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:
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If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
Date Filed
////e)//
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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 11/2013 PAGE 2
Adopted by reference in Rule 34- 7.010(1)(f), F.A.C.
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLEARWATER, 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: September 20, 2016
CDB packets being distributed contain the following.
Unapproved minutes of previous meeting August 16, 2016
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -3)
1. Case: FLD2016- 06018— 301 South Gulfview Boulevard
Presenter: Matt Jackson, Senior Planner
Yes / No
2. Case: FLD2016 -03007 —1861 N. Highland Avenue
Preser: Melissa Hauck - Baker, AICP, Senior Planner
Yes No
3. Case: FLD2016 -06019 — 900 S. Ft. Harrison Avenue
Presenter: Melissa Hauck - Baker, AICP, Senior Planner
Yes No
DIRECTOR'S ITEMS (1):
Time Extension - FLD2013 -08028 — 691 South Gulfview Boulevard
al investi ! ation on the . ersonal site visit to the ollowing properties.
PRINT NAME
Date: 9--/g -1471D /6
S: (Planning Department\C D BlAgendas DRC & CDBICDBI2016109 September 201611 Cover MEMO 2016.docx
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE 0727) 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: September 20, 2016
CDB packets being distributed contain the following:
Unapproved minutes of previous meeting August 16, 2016
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -3)
1. Case: FLD2016- 06018— 301 South Gulfview Boulevard
Presen r: Matt Jackson, Senior Planner
Yes No
2. Case: FLD2016 -03007 —1861 N. Highland Avenue
Present r: Melissa Hauck - Baker, AICP, Senior Planner
Yes V No
3. Case: FLD2016 -06019 — 900 S. Ft. Harrison Avenue
Present : Melissa Hauck - Baker, AICP, Senior Planner
Yes V No
DIRECTOR'S ITEMS (1):
Time Extension - FLD2013 -08028 — 691 South Gulfview Boulevard
I have conducted a pers
Signature:
Is
PRINT NAME
1 investigation on the personal site visit to the following properties.
Date: 43/142C°11,
S.•IPlanning Department\C D BlAgendas DRC & CDBICDB12016109 September 201611 Cover MEMO 2016.docx
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLEARWATER, ATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 Soum MYRTLE; AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 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: September 20, 2016
CDB packets being distributed contain the following.
Unapproved minutes of previous meeting August 16, 2016
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -3)
1. Case: FLD2016- 06018— 301 South Gulfview Boulevard
Present Matt Jackson, Senior Planner
Yes No
2. Case: FLD2016 -03007 —1861 N. Highland Avenue
Presenter: Melissa Hauck - Baker, AICP, Senior Planner
Yes l No
3. Case: FL 016 -06019 — 900 S. Ft. Harrison Avenue
Presente Melissa Hauck - Baker, AICP, Senior Planner
Yes No
DIRECTOR'S ITEMS (1):
Time Extension - FLD2013 -08028 — 691 South Gulfview Boulevard
I have conducte
Signature:
oval, estigation on the personal site visit to the following properties.
PRINT NA
40—
MolLAd
Date: 9/2o 126lb
S: (Planning DepartmentlC D BlAgendas DRC & CDBICDB12016109 September 201611 Cover MEMO 2016.docx
CITY OF CLEARWATFR
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLE RWATE:R, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CL.EARWATER, FLORIDA 33 756
TELEPHONE (727) 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: September 20, 2016
CDB packets being distributed contain the following.
Unapproved minutes of previous meeting August 16, 2016
Site investigation form
LEVEL TWO APPLICATIONS (ITEMS 1 -3)
1. Case: FLD2016- 06018— 301 South Gulfview Boulevard
PresenteyMatt Jackson, Senior Planner
Yes / No
2. Case: FL 2016 -03007 —1861 N. Highland Avenue
Present : Melissa Hauck - Baker, AICP, Senior Planner
Yes No
3. Case: FLD 016 -06019 — 900 S. Ft. Harrison Avenue
Prese ter Melissa Hauck - Baker, AICP, Senior Planner
Yes No
DIRECTOR'S ITEMS (1):
Time Extension - FLD2013 -08028 — 691 South Gulfview Boulevard
I have conducted a pers al i
Signature:
PRINT AME
estigation on the personal site visit to the following properties.
Date:
S:\Planning DepartmentlC D BlAgendas DRC & CDBICDBI2016109 September 201611 Cover MEMO 2016.docx