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12/18/2018 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER December 18, 2018 Present: Chair Michael Boutzoukas, 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 Also Present: Jay Daigneault—Attorney for the Board, Michael Fuino —Assistant City Attorney, 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 MEETING: November 20, 2018 Approval of the minutes of the November 20, 2018 Community Development Board meeting were continued automatically to January 15, 2019. 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 1-6) Member Anuszkiewicz reported he had met with the Case FLD2018-10025 applicant re another project, briefly discussed this project, and had no conflict of interest. Member Lau reported she had received an email from Mr. Parry re Case FLD2018- 02005 and had no conflict of interest. Community Development Board 2018-12-18 Page 1 1. PULLED FROM CONSENT AGENDA Level Two Application Case: FLD2012-03008A/TDR2018-10001/TDR2018-10002 —443 East Shore Drive (TDR receiving site); 22 Bay Esplanade (TDR sending site); and 669 Bay Esplanade (TDR sending site) Owners: NESC, LLC (TDR receiving site); 22 Bay Esplanade LLC (TDR sending site); and Dustin J. De Nunzio (TDR sending site) Applicant: Brian Aungst, Jr., Mcfarlane Ferguson & McMullen (625 Court Street, Suite 200, Clearwater, FL, 33756; phone: 727-441-8966; email: biannacfar.com) Location: 1.26 acres located at the northeast corner of East Shore Drive and Papaya Street Request: The Community Development Board is reviewing the addition of five overnight accommodation units via a Transfer of Development Rights (TDR2018- 10001 and TDR2018-10002) to a previously approved 134-unit overnight accommodation development in the Tourist (T) District for the property addressed as 443 East Shore Drive. The project is 85.5 feet in height and includes 187 off-street parking spaces (Section 2-803.C.). Proposed Use: Overnight Accommodations Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Robert G. Tefft, Senior Planner William Day requested Party Status Member Lau moved to grant William Day Party Status. The motion was duly seconded and carried unanimously. Paul Forlini requested Party Status. Member Anuszkiewicz moved to grant Paul Forlini Party Status. The motion was duly seconded and carried unanimously. Member Quattrocki moved to accept Robert Tefft as an expert witness in the fields of zoning, site plan analysis, code administration, and planning in general. The motion was duly seconded and carried unanimously. In response to questions from Party Status Holder William Day, Senior Planner Robert Tefft reviewed amendments approved at the August CDB (Community Development Board) meeting which included relocating the electrical transformer to the building's north side. Planning & Development Director Michael L. Delk said project details were available for public review at the Planning & Development office. Attorney Brian Aungst, representing the applicant, said in June 2012 the CDB approved the original developer's DVA which moved the boardwalk over land. He said the applicant purchased the project and property, would meet Beach by Design guidelines, and, as preferred by the City, would relocate the boardwalk over water to connect with the Papaya Street boardwalk. He said amendments had greatly improved the project Community Development Board 2018-12-18 Page 2 and reduced its intensity; cabanas were converted to overnight units. He said the applicant requested additional units from the reserve for a total of 139 units, well below the 150 units per acre allowed. He said the project was at its maximum density only as it related to the DVA. Attorney Aungst said on December 6, 2018 the City Council approved DVA amendments, noting Mr. Day had raised a question at the meeting re the seawall. He said the only concern expressed by City Council was the Mayor's request for an amplified noise contingency. He said the applicant had met with Mr. Day and would discuss the transformer with him and address any other neighbor concerns. Party Status Holder William Day expressed concern the transformer would hum constantly. He said he did not oppose the transfer of units but wanted to be certain the project was done properly. He said he was unaware of the amendments and requested the board allow the public to see them and clarify the transformer's location. He said the original project proposed a 10-foot right-of-way and did not mention negative issues such as a transformer or other elements that generated noise. He said his screened porch abutted the proposed transformer's location. Attorney Aungst did not know it the property was branded. He said he would be happy to work with Mr. Day. He did not think it was appropriate to add any conditions. Mr. Day said he would be more comfortable if something was in writing to provide him a right to appeal. Attorney Aungst said the board was not approving placement of the transformer. He said the applicant would work with Mr. Day before the appeal deadline re its location, which will meet Code and the Building Code. In response to a comment, Attorney for the Board Jay Daigneault said the board had approved the transformer's location in August. Mr. Day said he had never heard about the changes. He said he did not know how he could appeal a decision when he did not know it had happened. Member Quattrocki moved to approve Case FLD2012-03008A/TDR2018-10001/ TDR2018-10002 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. Community Development Board 2018-12-18 Page 3 2. Case: FLD2018-02005 — 190 Seminole Street Level Two Application Owner: City of Clearwater Applicant: Michael Delk, City of Clearwater (100 S. Myrtle Avenue, Clearwater, FL, 33756; phone: 727-562-4567; email: michael.delkamyclearwater.com) Location: 8.1 acres on the west side of Osceola Avenue at the intersection of Seminole Street. Request: The Community Development Board (CDB) is reviewing the redevelopment of the existing Seminole Street Boat Ramp (marina facility) in the Downtown (D) District for the property located at 190 Seminole Street. The project includes an elevated restroom building (35 feet), an observation tower (35 feet), 108 trailer parking spaces and 125 standard and handicap off-street parking spaces, eleven boat slips on two floating docks, retention of the existing Frances Wilson Playhouse with no changes, and requests allowable flexibility to landscape requirements (Sections 2-903 and 3-1202.G.). Neighborhood Associations: Old Clearwater Bay and Clearwater Neighborhoods Coalition Presenter: Robert G. Tefft, Senior Planner See below for motion of approval. 3. Case: FLD2018-07022 — 211 Dolphin Point Level Two Application Owner: Grey Dolphin LLC Applicant: Gary Boucher, Ozona Engineering, Inc (P.O. Box 432, Ozona, Florida, 34660; phone: 727-785-3939; email: boucheraozonamail.com) Location: 0.37 acre property located on the south side of Dolphin Point, approximately 550 feet west of Larboard Way. Request: The Community Development Board is reviewing a proposed eleven unit attached dwelling use in the Medium High Density Residential (MDHR) District for the property located at 211 Dolphin Point. The project consists of a building with a height of 47 feet, includes a minimum of 22 off-street parking spaces, and requests allowable flexibility from lot width, setback, height, and landscape requirements (Sections 2-404 and 3-1202.G.). Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Robert G. Tefft, Senior Planner See below for motion of approval. 4. Case: FLD2018-10025 — 708 North Osceola Avenue Level Two Application Owner: 708 Holdings LLC Applicant: Sandra Bradbury, Northside Engineering, Inc (300 S. Belcher Road, Clearwater, Florida, 33765; phone: 727-443-2869; email: sandy(cnorthsideenineering.net) Location: 0.918 acre located on the west side of North Osceola Avenue approximately 115 feet south of Seminole Street Request: The Community Development Board (CDB) is reviewing a proposed 52- unit attached dwelling development in the Downtown (D) District for the property Community Development Board 2018-12-18 Page 4 located at 708 North Osceola Avenue. The project is a maximum of 55 feet in height (from base flood elevation and mean site elevation), includes a minimum of 52 off- street parking spaces, an amendment of the adjacent Street Type from E to D; an allocation of 21 dwelling units from the Public Amenities Incentive Pool under the provisions of the Clearwater Downtown Redevelopment Plan and a two-year Development Order (Clearwater Downtown Redevelopment Plan Chapter 4, Community Development Code Appendix C Sections C-301.A, C-408 and C-903.A). Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Mark T. Parry, AICP, Senior Planner See below for motion of approval. 5. Case: FLD201 8-1 0027 — 405/407 South Lake Drive Level Two Application Owner: Janet Charlene Shumway Applicant: Travis Hott and/or Marlene Brown, Beach Island Group (BIG) (225 Country Club Dr, Suite D242, Largo, Florida, 34771; phone: (727) 678-5644; email. marlene.brown afloridamoves.corn) Location: 0.258 acre located on the east side of South Lake Drive approximately 200 feet north of Gulf-to-Bay Boulevard Request: The Community Development Board (CDB) is reviewing a Termination of Status of Nonconformity with regard setbacks and density for the property located at 405/407 South Lake Drive. The project includes maintaining two single family homes, a shared carport, swimming pool, patio and driveway. No changes to the site or structures are proposed; (Community Development Code Section 4-407). Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Mark T. Parry, AICP, Senior Planner See below for motion of approval. Member Anuszkiewicz moved to approve Cases FLD2018-02005, FLD2018-070227 FLD2018-10025, and FLD2018-10027 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. 6. PULLED FROM CONSENT AGENDA Level Three Application Case: TA2018-10005 —Amendments to the Community Development Code Applicant: City of Clearwater Request: The Community Development Board (CBD) is reviewing a request to amend Article 7. Enforcement Proceedings and Penalties of the Community Development Code, to revise code enforcement board and special master hearing procedures, fines and establish a new local civil penalty/citation process for code violations, and making a recommendation to the City Council. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Terry Teunis, Code Compliance Manager Community Development Board 2018-12-18 Page 5 Code Compliance Manager Terry Teunis reviewed the Staff Report. Ward Sexton said many elderly and disabled City residents lacked the ability to maintain their houses. He expressed concern the procedure to send cases to a magistrate was insufficient and a step was necessary to evaluate a home's residents. Mr. Teunis said at times staff learns an issue exists when respondents appear at MCEB (Municipal Code Enforcement Board) meetings. When staff becomes aware of issues, they have mechanisms in place to help. In response to questions, Mr. Teunis said groups, including churches and organizations, come to the City and offer assistance. The City also has other contacts. The City was not interest in causing financial harm to anyone. The proposed amendments were designed to address egregious offenders and those who refused help that was offered. Respondents were provided time to correct violations before a penalty was imposed. When the City abated a violation such as overgrowth, homeowners were charged the amount of the abatement plus investigative costs. A lien, which did not accrue interest, was placed on a property if costs were not paid. The City had an obligation to investigate and make a determination re nuisances; the City could go onto a property to abate if MCEB issued an order that gave the City the right to go onto a property even if the property owner objected. Staff tried to use good judgement. If asked to leave by the property owner, staff may have to contact law enforcement. Assistant City Attorney Mike Fuino said according the ordinance, the City always provides notice and 5 to 10 days to correct a violation before the case is referred to MCEB. The City does not perform the work for a month or more after an order is issued. MCEB members typically are receptive to citizen needs and grant additional time to comply. Member Anuszkiewicz moved to recommend approval of Case TA2018-10005 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. F. APPEAL (ITEM 1): 1. Case: APP2018-00001 — 499 Mandalay Avenue Owner: Baymont Trust Applicant: Brian Aungst, Jr., Mcfarlane Ferguson & McMullen (625 Court Street, Suite 200, Clearwater, FL, 33756; phone: 727-441-8966; email: bla(a-),macfar.com) Location: 0.12 acre at the southeast corner of Mandalay Avenue and Baymont Street Request: An appeal, pursuant to Community Development Code Section 4-501.A.1., of the denial of a mural to be painted on the existing building on the property located at 499 Mandalay Avenue. Neighborhood Association: Clearwater Neighborhoods Coalition Community Development Board 2018-12-18 Page 6 Presenter: Robert G. Tefft, Senior Planner Member Anuszkiewicz moved to continue Case APP2018 -00001 to February 19, 2019. The motion was duly seconded and carried unanimously. G. DIRECTOR'S ITEMS (ITEMS 1 -2): 1. Revision to Rules of Procedure 2. Revisions to Meeting Procedures Attorney Daigneault said revisions were generated by board discussions. Other changes reflect current procedures. He recommended against adopting time limits for cross examination as the action had not been abused. Member Lau moved to adopt Rules of Procedure and Meeting Procedure revisions as proposed. The motion was duly seconded and carried unanimously. H. ADJOURN The meeting adjourned at 2:00 p.m. Attest Al /0 Chair Community Deve'•?• ment : • - Community Development Board 2018 -12 -18 Page 7