11/20/2018 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
November 20, 2018
Present: Vice Chair Christopher J. Anuszkiewicz, Board Member Mary A. Lau,
Board Member Mike Flanery, Board Member John Quattrocki, Board Member
Brian Baker, Board Member Jordan Behar, Acting Board Member Elizabeth Van
Scoyoc
Absent: Chair Michael Boutzoukas,
Also Present: Randy Mora —Attorney for the Board, Michael L. Delk— Planning &
Development Director, Gina Clayton —Assistant Planning & Development Director,
Nicole Sprague — Official Records & Legislative Services Coordinator
A. CALL TO ORDER, 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 MEETINGS: October 2 and October
16, 2018
Member Behar moved to approve the minutes of the October 16, 2018
Community Development Board meeting and October 2, 2018 Community
Development Board Special 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- 3):
Community Development Board 2019-11-20 Page 1
1. PULLED FROM CONSENT AGENDA
Case: FLD2018-08023 — 2170 Gulf-to-Bay Boulevard Level Two Application
Owner: Gulf to Bay LM, LLC.
Applicant: Jorge Hernandez, PE, Avid Group (2300 Curlew Road, Suite 211, Palm
Harbor, Florida, 34683; phone: 727-789-9500, ext. 135; email-
Jorge.hernandez&avid rou .com)
Location: 6.15 acres located on the north side of Gulf-to-Bay Boulevard at the
northeast corner with South Main Avenue.
Request: The Community Development Board is reviewing a 60,600 square-foot
retail plaza use in the Commercial (C) District for the property located at 2170 Gulf-
to-Bay Boulevard and unaddressed Rainbow Drive. The project is 25 feet in height,
includes 255 off-street parking spaces, and requests allowable flexibility from
setbacks and landscape requirements (Sections 2-704.F., 2-704.S., and 3-1202.G.).
Neighborhood Associations: Clearwater Neighborhoods Coalition, Skycrest
Neighborhood Association
Presenter: Melissa Hauck-Baker, AICP, Senior Planner
Ryan Barack, representing 304 Belcher LLC, requested Party Status.
Member Lau moved to grant Party Status to Ryan Barack, representing 304 Belcher
LLC. The motion was duly seconded and carried unanimously.
Member Behar 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; and site plan analysis and preparation. The motion was duly
seconded and carried unanimously.
Member Behar moved to accept Peter Pensa as an expert witness in the field of
certified planning. The motion was duly seconded and carried unanimously.
Senior Planner Melissa Hauck-Baker reviewed the Staff Report.
Party Status Holder Ryan Barack expressed concerns re a homeless camp at the
rear of the subject property and requested the retention pond be designed to provide
a pleasing atmosphere and not attract transients.
Peter Pensa, representing the applicant, said 255 parking spaces were needed for
the planned retail use. He said the property was secured with fencing and water was
shut off to discourage transient use and to prepare the property for renovation. He
said substantial landscaping would meet Code. He said a dry retention area and
depressed grass area to retain water were planned.
Resident Wayne Wells spoke in support of the application and conditions of
approval.
Community Development Board 2019-11-20 Page 2
Member Lau moved to approve Case FLD2018-08023 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.
2. Case: FLD2018-09024 — 1990 N. McMullen-Booth Road Level Two Application
Owner: M B Investments, LTD; and Laura Weikel, Sarah Davidson, and Paul
McMullen, Sr.
Applicant: Lucas Carlo, Hamilton Engineering & Surveying, Inc. (3409 W. Lemon
Street, Tampa, FL, 33609; phone: 813-601-1849; email:
lucasc(ahamiltonenineering.us)
Location: 7.96 acres generally located at the southwest corner of McMullen-Booth
Road and Union Street
Request: The Community Development Board is reviewing a proposed 238-bed
assisted living facility in the Medium Density Residential (MDR) District for the
property located at 1990 N. McMullen-Booth Road. The project consists of a building
with a height of 50 feet, includes a minimum of 120 off-street parking spaces, and
requests allowable flexibility from landscape requirements (Sections 2-404 and 3-
1202.G.).
Proposed Use: Assisted Living Facilities
Neighborhood Associations: Clearwater Neighborhoods Coalition
Presenter: Robert G. Tefft, Senior Planner
See below for motion of approval.
3. Level Three Application
Case: TA2018-04002 —Amendments to the Community Development Code
Applicant: City of Clearwater
Request: The Community Development Board (CBD) is reviewing a request to
amend Appendix C, Downtown Zoning District and Design Standards of the
Clearwater Community Development Code, to establish new sign regulations for the
Downtown Zoning District, and making a recommendation to the City Council.
Neighborhood Associations: Country Club Addition Neighbors; Old Clearwater Bay
Neighborhood Association; Pierce 100 Condominium Association; North Greenwood
Community Coalition; Clearwater Downtown Partnership; Downtown Neighborhoods
Association: Creekside Manor I & 11; East Gateway Business and Neighbors
Association; Skycrest Neighborhood Association; Hillcrest Neighbors; Harbor Oaks
Homeowners Association; Glen Oaks Park; and Clearwater Neighborhoods
Coalition.
Presenter: Gina L. Clayton, Assistant Planning and Development Director
Community Development Board 2019-11-20 Page 3
Member Lau moved to approve Case FLD2018-09024 and to recommend approval of
Case TA2018-04002 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.
F. CONTINUED FROM THE OCTOBER 16, 2018 (ITEM 1)
1. Level Two Application
Case: FLD2018-03008/TDR2018-06001 — 610 and 612 Mandalay Avenue, 24, 26
and 28 Avalon Street, 23 and 27 Heilwood Street; northwest corner of Mandalay
Avenue and Avalon Street (TDR receiving site); 692 Bay Esplanade, 64 Somerset
Street; northwest corner of Bay Esplanade and Somerset Street (TDR sending site).
Owners: Trust No 610612/Land Trust Service Corp THE/Kiki Holdings
LLC/Novembre, Luigi/Lumar Holdings LLC/Sembhi Holdings LLC; Chaudry, Abid
Rahman Dilber (TDR receiving site); Sunset Cottages LLC and Novembre, Luigi/
Vadapalli, Suresh/Vadapalli, Annuradha (TDR sending site).
Applicant: Sandra Bradbury, Northside Engineering, Inc. (300 S. Belcher Road,
Clearwater, Florida, 33765; phone: 727-443-2869; email:
sandy(cnorthsideenineering.net)
Location: 0.469 acre located at the northwest corner of Mandalay Avenue and
Avalon Street (TDR receiving site); 0.333 acre located at the northwest corner of
Bay Esplanade and Somerset Street (TDR sending site).
Request: The Community Development Board is reviewing a proposed 34-room
overnight accommodations use in the Tourist (T) District for the property located at
610 and 612 Mandalay Avenue, 24, 26 and 28 Avalon Street, and 23 and 27
Heilwood Street. The project is 75 feet in height, includes a minimum of 41 parking
spaces and requests allowable flexibility from setback and height requirements
(CDC Section 2-803.K; Beach by Design Section I I.A.4.a); and a Transfer of
Development Rights (11 hotel units) (CDC Section 4-1403); and a two-year
Development Order (CDC Section 4-407).
Neighborhood Associations: Clearwater Neighborhoods Coalition; Clearwater
Beach Association
Presenter: Mark T. Parry, AICP, Senior Planner
Attorney Richard Heiden, representing Cay at Clearwater Beach Condo Association
Inc., requested Party Status.
Member Quattrocki moved to grant Party Status to Richard Heiden as
representative for Cay at Clearwater Beach Condo Association, Inc. The motion
was duly seconded and carried unanimously.
Kathy Lippert requested Party Status.
Member Baker moved to grant Party Status to Kathy Lippert. The motion was duly
seconded and carried unanimously.
Community Development Board 2019-11-20 Page 4
Member Behar moved to accept Michael Delk as an expert witness in the fields of
redevelopment planning, comprehensive planning, annexation implementation, and
economic development. The motion was duly seconded and carried unanimously.
Planning & Development Director Michael Delk reviewed the Staff Report and
recommended an additional condition that construction of the building conform with
the building elevations and final design as presented to the board.
In response to a concern that some renderings differed from building elevations, Mr.
Delk said provided renderings illustrated the building's east and west sides.
Attorney Carlton Ward, representing the applicant, said this request was for an
overnight accommodation project. He said the form of ownership was not the
board's concern.
Party Status Holder Richard Heiden, representing Cay at Clearwater Beach
Condos, said the project abutted his clients' property and would block their beach
views. He said the project's setbacks should be 5 to 8 feet. He said the City had
done nothing to protect neighbors from this massive nuisance which would feature
8 air-conditioners and compressors outside his clients' bedroom windows. He said
vehicle headlights from the parking garage would shine into his clients' bedrooms.
He said the plans could be modified to reduce negative effects on his clients but the
developer had not resolved neighbor concerns. He requested a condition limit use
of the outdoor bar to hotel guests.
One resident spoke in opposition to the project.
Party Status Holder Kathy Lippert said the project was overreaching, excessive, too
tall, too dense, too large for the parcel, pushing the envelope for everything, and
inconsistent with north beach. She said the project's exit would target her tiki hut.
She requested the board consider denial.
Attorney Ward said the project was consistent with Code and Beach by Design
guidelines. He said the applicant did not object to Mr. Delk's recommended
additional condition of approval.
Attorney Heiden said loss of beach views would negatively affect his clients'
property values. He said the project's density was too great for the parcel, its 3-
bedroom units were larger than normal hotels, and he expressed concern that more
than 1 family would occupy units.
In response to questions from Attorney Heiden, Mr. Delk said the law did not protect
scenic views. Design guidelines allowed flexibility. The Code did not require
businesses to provide parking for their patrons and staff; employees would be
permitted to use public parking lots. The City did not object to restricting amplified
Community Development Board 2019-11-20 Page 5
noise. Screening the parking garage to minimize headlight glare was possible; a
condition of approval required the project to minimize headlight glare. Except for
Solid Waste vehicles using Heilwood Street, all other vehicular entries to the
structure would be via Avalon Street.
Mr. Delk said in the future staff may consider unit size when determining parking
space requirements. He opposed requiring hotels to locate swimming pools away
from abutting building bedrooms. Staff would not take a position on limiting
swimming pool hours. He did not know how enforceable a condition would be that
limited use of the outdoor bar to guests. He did not agree that the project's design
was unattractive.
In response to questions from Attorney Heiden, Attorney Ward said the applicant
agreed to relocate the mechanical elements to the roof in consideration of
neighbors. He said the project would not have 1St floor commercial uses or use
dumpsters. He said the parking garage would have louvers to minimize light
transmission; the developer opposed a a solid wall that would block air flow. He did
not know the composition of materials planned for the parking garage. He said a
bar area by the swimming pool was never proposed. He said an interior fire pump
would be located on the 2nd floor.
Luigi Novembre, a project owner, said the hotel would be willing to reasonably
restrict hours of operation. He did not know what level of noise would be acceptable
for the bar; it would not be a party deck. He said the bar area would not serve food
or beverages but guests could bring those items. He said no meeting rooms were
proposed. He said mechanical equipment would be located on the roof, which
would not be accessible to guests.
Wayne Wells, representing the applicant, said the building's fagade would be 8.3
feet from the Cay at Clearwater Beach Condos. In response to questions from
Attorney Heiden, he said the building's color conformed to the Beach by Design
color palette. He said window glass would not be reflective.
In response to questions from Party Status Holder Kathy Lippert, Attorney Ward
said the project would feature balconies. Mr. Delk said the number of units was not
based on the number of bedrooms. The building's height was calculated above BFE
(Base Flood Elevation).
Attorney Heiden reviewed his testimony, requesting that pool hours be restricted to
7:00 a.m. to 11:00 p.m. and the project be redesigned to be smaller. He expressed
concerns that parking would be inadequate, the project was unfair to Clearwater
citizens, and the board should deny the request or approve it with his
recommended conditions.
Attorney Ward said the project's pool deck would be elevated above the Cay at
Clearwater Beach Condos roof and the tiki bar would be on the building's west side.
Community Development Board 2019-11-20 Page 6
He said the project would have 46 parking spaces when 41 were required. He said
the project had no control over public parking Tots. He said the applicant had agreed
to relocate air - conditioning units to the roof, away from neighbors and to work with
staff re screening headlights facing east from the parking garage.
Discussion ensued with comments that while the project was large and modern and
the Old Florida District in Beach by Design referenced maintaining neighborhood
ambiance and setbacks, the proposed use was compatible with Code. It was
recommended that the Code clarify requirements in the Old Florida District.
Member Lau moved to approve Case FLD2018- 03008/TDR2018 -06001 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 conditions: 1)
Construction of the building conform with building elevations and final design as
presented to the board and 2) Locate mechanical elements on the roof; 3) Limit
swimming pool hours to 7:00 a.m. to 11:00 p.m.; and 4) Prohibit amplified sound
after 11:00 p.m. The motion was duly seconded and carried unanimously.
G. DIRECTOR'S ITEMS:
Assistant Planning & Development Director Gina Clayton thanked the board for
their service.
H. ADJOURNMENT
The meeting adjourned at 3:00 p.m.
Chair
Community Development Board
Community Development Board 2019 -11 -20 Page 7
TO:
FROM: Michael Delk, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Susan Chase, Documents and Records Specialist / Pat Sullivan,
Board Reporter
CITY OF CLEARWATER
CLEARWATER ATER PI NENG & DEVELOPMENT, P(.sr OFttc : Bos 4'48, C.FA.As v rI -e, FLORIDA 33758-4748
Mu :u .. S.:avi is Buu:DIN , 100 Ss UTrt MYRTLE AVENUE, CI, > 'A:ER. I r °1:if- 337501
"I'E EP ?oNE (727) 562-4567
Community Development Board Members
SUBJECT: Agenda Items November 20, 2018
DATE: November 14, 2018
Community Development Board Packets being distributed contain the following:
Unapproved minutes of pervious meeting. October 2, 2018 and October 16, 2018
Continued from the October 16, 2018 meeting. (Items 1)
1. Case FLD2018-03008/TDR2018-06001 — 610 and 612 Mandalay Avenue, 24, 26 and 28 Avalon Street/ 23 and 27
Heilwood Street; 692 Bay Esplanade / 64 Somerset Street; northwest corner of Bay Esplanade and Someset
Street (TDR sending site).
Presenter: Mark T. Parry, AICP, Senior Planner
Yes: No:
Level Two Applications (Items 1 -2)
1. Case: FLD2018 -08023 — 2170 Gulf to Bay Boulevard
Presente : Melissa Hauck - Baker, AICP, Senior Planner
Yes: No:
2. Case: FLD2018 -09024 —1990 N. McMullen Booth Road
Present: Robert G. Tefft, Senior Planner
Yes: No:
Level Three Applications (Items 1)
1. Case: TA2018 -04002 — Amendments to the Community Development Code
Presenter: Gina Clayton, Assistant Planning and Development Director
I have conduc •ers
Signature:
Print Name:
a in e ga''on on the personal site visit to the following properties.
ZAh---1■3
Date: i ) L$
Prepared by: Sherry L. Watkins, Administrative Analyst
TO:
FROM:
COPIES:
CITY OF CLEARWATER
CE.- .vE.R:YrER PLANNING & DEVELOPMENT, Pc sT (fir[ cc.;: BOX 4748, CUJIRWATER, FLORIDA 33758-4748
MuNic:n >E. SE.avIc is But.oi G, 100 8c)Vfl c MY P LN AVENUE, , Cu \ R A E R, 1 r OI.a:,A 33756
TELEPHONE (727) 562 -4567
Community Development Board Members
Michael Delk, Planning and Development Director
Michael Fuino Assistant City Attorney; Susan Chase, Documents and Records Specialist / Pat Sullivan,
Board Reporter
SUBJECT: Agenda Items November 20, 2018
DATE: November 14, 2018
Community Development Board Packets being distributed contain the following:
Unapproved minutes of pervious meeting. October 2, 2018 and October 16, 2018
Continued from the October 16, 2018 meeting. (Items 1)
1. Case FLD2018-03008/TDR2018-06001 — 610 and 612 Mandalay Avenue, 24, 26 and 28 Avalon Street/ 23 and 27
Heilwood Street; 692 Bay Esplanade / 64 Somerset Street; northwest corner of Bay Esplanade and Someset
Street (TDR setlding site).
Presenter: ark T. Parry, AICP, Senior Planner
Yes: No:
Level Two Applications (Items 1 -2)
1. Case: FLD208 -08023 — 2170 Gulf to Bay Boulevard
Presenter 4Aelissa Hauck - Baker, AICP, Senior Planner
Yes: No:
2. Case: FLD20 - 09024 -1990 N. McMullen Booth Road
Presenter obert G. Tefft, Senior Planner
Yes: \ No:
Level Three Applications (Items 1)
1. Case: TA2018 -04002 — Amendments to the Community Development Code
Presenter: Gina Clayton, Assistant Planning and Development Director
I have conducted
Signature:
Print Name:
per.onal stigation on the personal site visit to the following properties.
hti
Date: /( /2,6 /2,1'1S-
Prepared by: Sherry L. Watkins, Administrative Analyst
TO:
FROM: Michael Delk, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Susan Chase, Documents and Records Specialist / Pat Sullivan,
Board Reporter
CITY OF CLEARWATER
0.1 IRWATER PLANNING & DPAILILOPMENT, POST OFFICE Box 4748, CI.FIARWv I:IC, FLORIDA 33756-4748
MUNI(Ii >.j. JE.avi .e s Bui [DING, 100 &.):Yrit .MY 12TIA; AVENUE, C o_A >. , y; E:R, FLORIDA 33756
TELIT TONE. (727) 562 -4567
Community Development Board Members
SUBJECT: Agenda Items November 20, 2018
DATE: November 14, 2018
Community Development Board Packets being distributed contain the following:
Unapproved minutes of pervious meeting. October 2, 2018 and October 16, 2018
Continued from the October 16, 2018 meeting. (Items 1)
1. Case FLD2018-03008/TDR2018-06001 — 610 and 612 Mandalay Avenue, 24, 26 and 28 Avalon Street/ 23 and 27
Heilwood Street; 692 Bay Esplanade / 64 Somerset Street; northwest corner of Bay Esplanade and Someset
Street (TDR sending site).
Presenter: Mark T. Parry, A P, Senior Planner
Yes: No:
Level Two Applications (Items 1 -2)
1. Case: FLD2018 -08023 — 2170 Gulf to Bay Boulevard
Presenter: lissa Hauck - Baker, AICP, Senior Planner
Yes: No:
2. Case: FLD2018-09024 — 1990 N. McMullen Booth Road
Presenter: Robert G. Tgfft, Se iar Planner
Yes: No:
Level Three Applications (Items 1)
1. Case: TA2018 -04002 — Amendments to the Community Development Code
Presenter: Gina Clayton, Assistant Planning and Development Director
I have conducted a personal investigation on the personal site visit to the following properties.
Prepared by: Sherry L. Watkins, Administrative Analyst
TO:
FROM: Michael Delk, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Susan Chase, Documents and Records Specialist / Pat Sullivan,
Board Reporter
CITY OF CLEARWATER
t:.r ARWATER PLANNING & DEVELOPMENT, Pc.%S.T OFFICE Box 4748, C'Lr-._ ..wv. ra, Fu RRx\ 33758-4748
NkNICIPAI, SERVICES BUILDING, 100 SOUTII. Mv'i>r F AVENUE, CEAII A•UA ER, FLORIDA 33756
TELE HONE (727) 562 -4567
Community Development Board Members
SUBJECT: Agenda Items November 20, 2018
DATE: November 14, 2018
Community Development Board Packets being distributed contain the following:
Unapproved minutes of pervious meeting. October 2, 2018 and October 16, 2018
Continued from the October 16, 2018 meeting. (Items 1)
1. Case FLD2018-03008/TDR2018-06001 — 610 and 612 Mandalay Avenue, 24, 26 and 28 Avalon Street/ 23 and 27
Heilwood Street; 692 Bay Esplanade / 64 Somerset Street; northwest corner of Bay Esplanade and Someset
Street (TDR sending site).
Presenter: Mark T. Parry, AICP, Senior Planner
Yes: V No:
Level Two Applications (Items 1 -2)
1. Case: FLD2018 -08023 — 2170 Gulf to Bay Boulevard
Presenter: Melissa Hauck - Baker, AICP, Senior Planner
Yes: ✓ No:
2. Case: FLD2018- 09024 —1990 N. McMullen Booth Road
Presenter: Robert G. Tefft, Senior Planner
Yes: V No:
Level Three Applications (Items 1)
1. Case: TA2018 -04002 — Amendments to the Community Development Code
Presenter: Gina Clayton, Assistant Planning and Development Director
I have conducted a persona, investigation on the personal site visit to the following properties.
D/A` l
Signature: Vw `� P. —" Date:
//���� S
Print Name: ��C'[%� ApLdf-wJcz
!t /[4 ✓�t�
Prepared by: Sherry L. Watkins, Administrative Analyst
TO:
FROM: Michael Delk, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Susan Chase, Documents and Records Specialist / Pat Sullivan,
Board Reporter
CITY OF CLEARWATER
C : =-AtM:n .ic PLANNING & Di i.r cPii\ r, Pc ,ST OFFK;E Box 448, t i i RWATi;x, FLORIDA 758 -4748
MUNICIPAL St:..avi< rs Bc ILDING, 100 SOUTH MYRTLE AVENUE, N+ i , CLi Aa x vflR, FLORIDA. 33756
TB .EP:`ioN (727) 562 -4567
Community Development Board Members
SUBJECT: Agenda Items November 20, 2018
DATE: November 14, 2018
Community Development Board Packets being distributed contain the following:
Unapproved minutes of pervious meeting. October 2, 2018 and October 16, 2018
Continued from the October 16, 2018 meeting. (Items 1)
1. Case FLD2018-03008/TDR2018-06001 — 610 and 612 Mandalay Avenue, 24, 26 and 28 Avalon Street/ 23 and 27
Heilwood Street; 692 Bay Esplanade / 64 Somerset Street; northwest corner of Bay Esplanade and Someset
Street (TDR sending site).
Present: Mark T. Parry, AICP, Senior Planner
Yes: No:
Level Two Applications (Items 1 -2)
1. Case: FLD2018 -08023 — 2170 Gulf to Bay Boulevard
PreserT6 Melissa Hauck - Baker, AICP, Senior Planner
Yes: No:
2. Case: FLD2018 -09024 —1990 N. McMullen Booth Road
PreseRtsti Robert G. Tefft, Senior Planner
Yes: 1(-) No:
Level Three Applications (Items 1)
1. Case: TA2018 -04002 — Amendments to the Community Development Code
Presenter: Gina Clayton, Assistant Planning and Development Director
• .,.L01,. na 'nw ation on the .ersonal site visit to the following properties.
dei `' Date: /-R0- R0` ( I
Pr
1i/,
Prepared by: Sherry L. Watkins, Administrative Analyst