06/20/2017 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
June 20, 2017
Present: Chair John Funk, Board Member David E. Allbritton, Board Member
Christopher J. Anuszkiewicz, Board Member Mary A. Lau, Board Member Mike Flanery,
Board Member John Quattrocki, Acting Board Member Reed Haydon
Absent: Vice Chair Michael Boutzoukas
Also Present: Jay Daigneault - Attorney for the Board, Camilo Soto - Assistant City
Attorney, Michael L. Delk - Planning & Development Director, Lauren Matzke — 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 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: May 16, 2017
Member Allbritton moved to approve the minutes of the May 16, 2017 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E. WITHDRAWN
1. Level Three Application
Case: REZ2017-02002 — 301, 302, 303, 309, 310, and 311 Cedar Street
Owner: Cedar House, LLC; Litton Family Holdings, LLC; Jeffrey R. Litton; Steven R.
Morgan
Applicant: Andrew Irick, II (605 Palm Blvd, Suite B, Dunedin, FL 34698)
Location: 1.37 acres on the northwest and southwest corners of Cedar Street and
North Osceola Avenue
Request: The Community Development Board is reviewing a request to amend the
Zoning Atlas from Low Medium Density Residential (LMDR) District to Medium
Density Residential (MDR) District and making a recommendation to City Council.
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Neighborhood Associations: Clearwater Neighborhoods Coalition; Old Clearwater
Bay Neighborhood Association
Presenter: Kyle Brotherton, Senior Planner
Case REZ2017-02002 was withdrawn.
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. PULLED FROM CONSENT AGENDA
Level Three Application
Case: CPA2017-02001 Amendments to the Comprehensive Plan
Applicant: City of Clearwater, Planning & Development Department.
Request: The Community Development Board is reviewing a request to amend the
Clearwater Comprehensive Plan to address Florida Senate Bill 1094, "An Act
relating to the peril of flood," (Peril of Flood), and making a recommendation to the
City Council.
Neighborhood Association: Clearwater Neighborhoods Coalition.
Presenter: Kyle Brotherton, Senior Planner.
Planning Manager Lauren Matzke reviewed the Staff Report and map of the proposed
expansion of the coastal storm area in Clearwater.
In response to questions, Assistant City Attorney Camilo Soto said the amended
document moved some items to different sections of the Plan. Ms. Matzke said the
2008 Comprehensive Plan update included the coastal storm area definition and maps
based on the State's updated SLOSH (Sea, Lake and Overland Surges from
Hurricanes) model. The SLOSH model was used to create the coastal storm area map
and was updated every few years; the City was required to adopt updated maps.
Proposed areas of study did not consider insurance impacts. Amendments to the
boundaries of the coastal storm area would impact certain uses, such as prohibiting the
construction or replacement of ALFs (Assisted Living Facilities), nursing homes, and
other vulnerable population residences in coastal storm areas.
Planning & Development Director Michael Delk said construction on Island Estates and
Clearwater Beach must meet FEMA (Federal Emergency Management Agency)
regulations re BFE (Base Flood Elevation) height plus 1 foot freeboard. To offset long
term sea level rise, the City's consultant recommended considering a 2 or 3 foot
increase to the size of freeboard. Another recommendation was to evaluate options re
the substantial damage threshold.
Ms. Matzke said the document was drafted to provide the City time to evaluate
proposed policies and determine which ones made sense. All changes would require
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CDB (Community Development Board) review and recommendation to the City Council
and Council approval.
Concerns were expressed that sea level rise was a moving target and new development
codes would impact coastal land property owners who had not requested increased
levels of protection. It was felt requiring a net zero discharge for property near the sea
would add an unnecessary layer of bureaucracy, would not protect people from
flooding, and made no sense as those properties' discharge would not increase the sea
level of the Gulf of Mexico. It was stated adoption of a 100% retention requirement
would double the size of drainage areas and restrict property development near the sea.
It was noted while storm surge was a problem, flooding mostly impacted inland areas.
Mr. Delk said the City would evaluate the best way to manage development in high
hazard coastal zones to accommodate additional stormwater runoff. Attorney Soto said
the document laid a foundation to evaluate related issues.
In response to a question, Ms. Matzke said the document would provide the City
guidance and inform the State that the City was committed to considering changes and
met State direction to satisfy Florida's requirements re Peril of Flood.
It was recommended that the City not have a knee jerk reaction to coastal high hazard
area flooding as other government agencies already administered those types of rules.
It was noted while document language encouraged stormwater infiltration into the
ground water table, the beach had no ground water table and ground water recharge
could not occur by sandy beaches.
Member Anuszkiewicz moved to recommend approval of Case CPA2017-02001 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. Level Three Application
Case: TA2017-05007 —Amendments to the Clearwater Community Development
Code
Applicant: City of Clearwater
Request: The Community Development Board is reviewing a request to amend the
Community Development Code to extend the temporary moratorium on the operation
of any additional dispensing organizations that dispense low-THC cannabis or medical
cannabis or on the operation of medical marijuana treatment centers within the City of
Clearwater by 90 days, and making a recommendation to the City Council.
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Rob Surette, Assistant City Attorney I I
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Member Anuszkiewicz moved to recommend approval of Case TA2017 -05007 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.
G. ADJOURN
The meeting adjourned at 1:45 p.m.
Attest
Board Reporter
Chan
Community Development Board
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