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10/18/2016 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 18, 2016 Present: 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, Acting Board Member John Quattrocki Absent: Chair Brian A. Barker 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. 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: September 20, 2016 Member Lau moved to approve the minutes of the September 20, 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) Community Development 10/18/2016 1 1. Case: FLD2016-07025 — 600 Mandalay Avenue Level Two Application Owner: Xania, Inc., 1299 Main Street, Suite E, Dunedin, FL, 34698 Applicant: Brian Barker, Deuel Engineering, (565 S. Hercules Avenue, Clearwater, FL 33764; phone: 727-822-4151; email: brian(a)deuelengineering.com) Location: 0.031 acre at the northwest corner of Mandalay Avenue with Kendall Street Request: The Community Development Board (CDB) is reviewing a 1,357 square- foot restaurant in the Tourist (T) District for the property located at 600 Mandalay Avenue. The project is twelve feet in height with zero off-street parking spaces, and requests allowable flexibility from lot area, setback, parking, and landscape requirements (Sections 2-803.D and 3-1202.G) Neighborhood Associations: Clearwater Neighborhoods Coalition: Clearwater Beach Association Presenter: Robert G. Tefft, Development Review Manager In response to questions, Development Review Manager Robert Tefft said the use would be a restaurant, not a bar; the applicant would need to return to the City if the use changed. Trash bins will be stored indoors. Renderings re outdoor seating differed. Staff will review outdoor seating as part of the approval process for a sidewalk cafe permit. Member Boutzoukas moved to approve Case FLD2016-07025 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. 2. Case: FLD2016-08026 —409 S. Old Coachman Road Level Two Application Owner: Greek Orthodox Church of The Holy Trinity, Inc. Applicant: Mazas Pantazes Architecture and Design (2551 Drew Street, Clearwater, FL 33765; phone: 727-600-6950; email: amaliabamis(a)icloud.com) Location: 6.53 acres generally situated at the northeast corner of Old Coachman Road and Gulf-to-Bay Boulevard (not including the Duke Energy parcel or the parcel occupied by Chick-Fil-A) Request: The Community Development Board (CDB) is reviewing a renovation and expansion for an existing place of worship in the Institutional (1) and Commercial (C) Districts for property located at 409 South Old Coachman Road. The project is 68 feet in height with 224 off-street parking spaces, and requests allowable flexibility from landscaping requirements (Sections 2-1204.A and 3-1202.G) Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Robert G. Tefft, Development Review Manager Member Boutzoukas declared a conflict of interest. Community Development 10/18/2016 2 Member Anuszkiewicz moved to approve Case FLD2016-08026 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, Allbritton, Anuszkiewicz, Lau, Flanery, and Acting Member Quattrocki voted "Aye"; Member Boutzoukas abstained. Motion carried. 3. Case: LUP2016-08007 — 520 and 606 S. Bayview Avenue, and two unaddressed parcel approximately 110 feet and 220 feet south of Gulf-to-Bay Boulevard (Related to REZ2016-08004) Level Three Application Owner: Our Lady of Divine Providence, House of Prayer, Inc. Applicant: Brian J. Aungst, Jr., Esq. Macfarlane, Ferguson & McMullen (625 Court Street, Clearwater, FL 33765; phone: 727-441-8966; email: biaa-macfar.com) Location: 2.62 acres located on South Bayview Avenue generally south of Gulf-to- Bay Boulevard, west of the Bayside Bridge, north of Old Tampa Bay, and east of Thornton Road. Request: The Community Development Board (CDB) is reviewing a request to amend the Future Land Use Map from Residential Low (RL), Residential Urban (RU), Residential Low Medium (RLM), and Commercial General (CG) future land use categories to the Institutional (1) category, and making a recommendation to the City Council. Type of Amendment: Small Scale Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Kyle Brotherton, Planner See below for motion to recommend approval. 4. Case: REZ2016-08004 — 520 and 606 S. Bayview Avenue, and two unaddressed parcels approximately 110 feet and 220 feet south of Gulf-to-Bay Boulevard (Related to LUP2016-08007) Level Three Application Owner: Our Lady of Divine Providence, House of Prayer, Inc. Applicant: Brian J. Aungst, Jr., Esq. Macfarlane, Ferguson & McMullen (625 Court Street, Clearwater, FL 33765; phone: 727-441-8966; email: biaa-macfar.com) Location: 2.62 acres located on South Bayview Avenue generally south of Gulf to Bay Boulevard, west of the Bayside Bridge, north of Old Tampa Bay, and east of Thornton Road. Request: The Community Development Board (CDB) is reviewing a request to amend the Zoning Atlas from R-4, One, Two and Three Family Residential (Pinellas County), Low Medium Density Residential (LMDR), Mobile Home Park (MHP), and Commercial (C) Districts to the Institutional (1) District, and making a recommendation to the City Council. Neighborhood Association: Clearwater Neighborhoods Coalition Community Development 10/18/2016 3 Presenter: Kyle Brotherton, Planner Acting Member Quattrocki moved to recommend approval of Cases LUP2016 -08007 and REZ2016 -08004 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. The motion was duly seconded and carried unanimously. F. ADJOURN The meeting adjourned at 1:15 p.m. Chair Community Development Board Community Development 10/18/2016 4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA, p)ME -FIR$t T NAME -MIDL� MME NAM OF BOARD, COUNCIL, C �MMQ ISSION, AUTHORITY, TM Ardtzt OR COMMEE MAILING I`J,ADD"R,ES`Sp THE BOARD, COUNCIL, CO MISSION, AUTHOR TY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY f 3 3 �� itcievtikz CITY ae COUNT AME O/F2P ITICAL SUBDIVISIO' r_- y DATE ON WHICH Vg -E O CURRED n th /3 / &, 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 YAt 017•. ' � iLU ��re� f , hereby disclose that on (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, / ���� / ./ / `/ ' p -� • inured to the special gain or loss of L9s°.e -Q.k d 4 t `b4 t F / /1e j /1 UA') ) , iv( , by whom I am retained; or inured to the special gain or loss of 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: to4e Lw IB ,20 /4 : , which dwitvw,547tioli 15 _e_e4,i,ft) )(-0 6014,,f5,e4vm iakin ciAxd 0qm KLet4-e/rs 0,<Adi / of),, y-kg ,12.64",.,(// LK( elli7ctcolAd- e&1 tte4 Pies, deAdi (e-PAA 6-trA4cel vide a vi/LiA !.4// o v-eia 11'(04A- itmn aud �F&e„4v46-r 6-0vu wN 4:ceo /6//g/ /40 Date Filed 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 CITY OF CLF,ARWATER CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH 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: October 18, 2016 CDB packets being distributed contain the following: Unapproved minutes of previous meeting September 20, 2016 will be emailed Site investigation form LEVEL TWO APPLICATIONS (ITEMS 1 -2) 1. Case: FLD2016 -07025 — 600 Mandalay Avenue Present r: Robert G. Tefft, Development Review Manager Yes/ No 2. Case: FLD2016 -08026 — 409 S. Old Coachman Road Present r: Robert G. Tefft, Development Review Manager Yes No LEVEL THREE APPLICATIONS (ITEMS ) Case: LUP2016 -08007 & Case: REZ2016 -08004 520 and 606 S. Bayview Avenue, and two unaddressed parcel approximately 110 feet and 220 feet south of Gulf to Bay Boulevard. Presenter yle Brotherton, Planner Yes No I have conducted a per nal in igation on the personal site visit to the following properties. Signature: 'k Date: / fl 706 ` D 'A 1✓ lei A/A PRINT NAME S: \Planning Department\C D BlAgendas DRC & CDBICDBI2016110 October 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 TFI.F,PHONE (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: October 18, 2016 CDB packets being distributed contain the following. Unapproved minutes of previous meeting September 20, 2016 will be emailed Site investigation form LEVEL TWO APPLICATIONS (ITEMS 1 -2) 1. Case: FLD2016 -07025 — 600 Mandalay Avenue Presente •Robert G. Tefft, Development Review Manager Yes V No 2. Case: FLD2016 -08026 — 409 S. Old Coachman Road Presenter: Robert G. Tefft, Development Review Manager Yes 1/ No LEVEL THREE APPLICATIONS (ITEMS ) Case: LUP2016 -08007 & Case: REZ2016 -08004 520 and 606 S. Bayview Avenue, and two unaddressed parcel approximately 110 feet and 220 feet south of Gulf to Bay Boulevard. Presenter: Kyle Brotherton, Planner Yes I No I have conduc a personal investigation on the personal site visit to the following properties. Si ature: Date: O P INT NAME S: \Planning Department\C D BlAgendas DRC & CDBICDB12016110 October 201611 Cover MEMO 2016.docx CITY OF CLEARWATER CLEARWATF,R PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLISARRUCATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH 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: October 18, 2016 CDB packets being distributed contain the following: Unapproved minutes of previous meeting September 20, 2016 will be emailed Site investigation form LEVEL TWO APPLICATIONS (ITEMS 1 -2) 1. Case: FLD2 16 -07025 — 600 Mandalay Avenue Presente Robert G. Tefft, Development Review Manager Yes i No 2. Case: FLD 16 -08026 — 409 S. Old Coachman Road Present r: Robert G. Tefft, Development Review Manager Yes No LEVEL THREE APPLICATIONS (ITEMS ) Case: LUP2016 -08007 & Case: REZ2016 -08004 520 and 606 S. Bayview Avenue, and two unaddressed rcel approximately 110 feet and 220 feet south of Gulf to Bay Boulevard. Presenter: le Brotherton, Planner Yes No I have conducted ; perso al inv igation on the personal site visit to the following properties. Signature: Date: /c' 1 C7 I2-0 �O PRINT NAME S:1Planning DepartmentkC D BlAgendas DRC & CDBICDBI2016110 October 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 (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: October 18, 2016 CDB packets being distributed contain the following. Unapproved minutes of previous meeting September 20, 2016 will be emailed Site investigation form LEVEL TWO APPLICATIONS (ITEMS 1 -2) 1. Case: FLD2016 -07025 — 600 Mandalay Avenue Presenter: Robert G. Tefft, Development Review Manager Yes No No 2. Case: FLD2016 -08026 — 409 S. Old Coachman Road Presen er: Robert G. Tefft, Development Review Manager Yes J� No LEVEL THREE APPLICATIONS (ITEMS ) Case: LUP2016 -08007 & Case: REZ2016 -08004 520 and 606 S. Bayview Avenue, and two unaddressed parcel approximately 110 feet and 220 feet south of Gulf to Bay Boulevard. Presenter: Kyle Brotherton, Planner Yes ) No tigation on the personal site visit to the following properties. Date: / O. / 7 - 623,76 S:1Planning Department\C D BlAgendas DRC & CDBICDBI2016110 October 201611 Cover MEMO 2016.docx