09/17/2019 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
September 17, 2019
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 Barker, Board Member Jordan Behar
Absent: Alternate Board Member Elizabeth Van Scoyoc
Also Present - Jay Daigneault—Attorney for the Board, Michael Fuino —Assistant City
Attorney, Lauren Matzke — Long Range Planning Manager, Ellen Crandall —
Development Review 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 the Main Library 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: August 20, 2019
Member Quattrocki moved to approve the minutes of the August 20, 2019 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
Bill Jonson encouraged the board to follow through with training and improvements to
the public input process. He said when presenting the 1999 Code to the City
Commission, Consultant Charles Siemon said it would safeguard surrounding
neighborhoods and preserve the quality of residential neighborhoods. Mr. Jonson
expressed concern the 1999 Code had consolidated 3 tourist zoning districts, increasing
maximum flexible heights of 30 - 80 feet to 100 feet. He said the maximum height was
not always a good fit for abutting neighborhoods.
It was stated that board members separately attended training on board rules of
procedures at Attorney Daigneault's office and staff was working on information sheets
for the public input process.
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 1-2)
Community Development 2019-09-17 1
1. Case: FLD2019-06017 — 64/566 Bay Esplanade Level Two Application
Owner: East Shore International Enterprises
Agent: John A. Bodziak; John A. Bodziak Architect, AIA, PA; (2325 Ulmerton
road Suite 21, St. Petersburg, FL 33762; phone: (727) 543-3568; email:
jack@jabodziak.com)
Location: 0.557 acre located on the north side of Bay Esplanade at the
northeast corner of Bay Esplanade and Cyprus Avenue.
Request: The Community Development Board is reviewing a proposed 16-unit
attached dwelling in the Tourist (T) District for the property located at 64/566 Bay
Esplanade. The project is 65 feet in height, includes a minimum of 32 parking
spaces and requests allowable flexibility from height and setback requirements
(Community Development Code Section 2-803.13 and Beach by Design).
Neighborhood Associations: Clearwater Neighborhoods Coalition; Clearwater
Beach Association.
Presenter: Mark T. Parry, AICP, Senior Planner
See below for motion to approve.
2. Case: FLD2019-05015 — 19337 US Highway 19 N Level Two Application
Owner: Bayside Apartments Owner, LLC
Agent: Rick Browne; Kimley-Horn; (655 North Franklin Street, Suite 150, Tampa,
FL 33602; phone: (813) 635-5559; email: Rick.Brown@kimley-horn.com)
Location. 17.146-acre property is located approximately 830 feet east of the US
Highway 19 North behind the Lincare Holdings buildings.
Request: The Community Development Board (CDB) is reviewing a 999 square
foot pier in the US 19 District for the property located at 19337 US Highway 19
North. The project is 159 feet in length, and requests allowable flexibility for
square footage of a commercial dock/pier greater than 500 square feet in deck
area (Sections 3-601.C.3).
Neighborhood Association: Clearwater Neighborhoods Coalition.
Presenter: Kevin W. Nurnberger, Senior Planner
Member Lau moved to approve Cases FLD2019-06017 and FLD2019-05015, on
today's Consent Agenda based on evidence in the record, including the application and
the Staff Report, and here by 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. LEVEL THREE APPLICATION: (Item 1)
1. Level Three Application
Case: TA2019-06002 —Amendments to the Community Development Code
Owner: BDG Properties
Agent: Brian J. Aungst, Jr, Esq. (MacFarlane, Ferguson & McMullen, 625 Court
Street, Suite 200, Clearwater, FL 33756; phone: (727) 441-8966; email:
bja@macfar.com)
Community Development 2019-09-17 2
Request: The Community Development Board (CBD) is reviewing a request to
amend the Clearwater Community Development Code, to expand the
geographical area within the Regional Center Subdistrict of the US 19 District
where self-storage warehouses are currently allowed on a limited number of
parcels, to allow the use on certain parcels 1.1 to 1.2 acres in area with frontage
on Seville Boulevard, and making a recommendation to the City Council.
Neighborhood Association: Clearwater Neighborhoods Coalition
Presenter: Lauren Matzke, AICP, Long Range Planning Manager
Member Flanery reported he had been contacted by Attorney Aungst and the developer
via private message but was not influenced by the contacts.
Long Range Planning Manager Lauren Matzke reviewed the Staff Report. Staff
recommended denial.
Attorney Brian Aungst, representing the applicant, disagreed with the Staff Report,
stating the text amendment would enhance the US 19 Plan and would not impair
pedestrian access or transit oriented development. He said the property, behind a 7-11
and across a side street from Clearwater Mall, could not be developed for office or retail
uses as severe encumbrances on the property prevented parking requirements to be
met. He said the abutting corridor designation permitted self-storage uses. He said the
owner of the 7-11 franchise supported the request.
Reed Haydon, representing the applicant, said he had analyzed allowable uses for the
subject property. He said only 59% of the small site could be developed due to a 50-foot
utility easement and a parking garage would have to be constructed to meet US 19
District parking requirements. He said none of 3 dozen potential tenants liked the site
due to its poor visibility on a side street and significant competition from the mall. He
said the site was not desirable for residential development. He said the glut of nearby
office space had only a 73.2% occupancy rate. He said a self-storage mixed-use
development on the site would be a complementary use.
Attorney Aungst said the number of area self-storage units was below the national
average and hundreds of recently constructed multifamily units nearby had increased
demand. He said the parcel had more challenges than the Denny's site. He said the text
amendment was narrowed to one site so floodgates would not open for self-storage
development. He said during discussions with the Mayor and Councilmembers he was
encouraged to pursue a text amendment which 3 supported and agreed the site needed
to be developed.
Ms. Matzke said successes of the US 19 Corridor Redevelopment Plan, adopted in
2017, included projects under construction and rehabilitation. The process to amend the
property's zoning and Future Land Use Plan would be more appropriate than changing
the Code with a text amendment limited to a single property.
Community Development 2019-09-17 3
Attorney Aungst said properties east and south of the subject property had the corridor
designation. He said the encumbered property was one of the only sites in the activity
center that was not developable. He said the property, which was not a strategic parcel,
was subject to dumping. He said the text amendment would facilitate the US 19 Plan
and allow the owner to develop the property as if it had a corridor designation.
In response to a question, Ms. Matzke said while it was allowed, the Code was not
intended to be amended for individual parcels; an appropriate process was available.
Discussion ensued with comments expressing discomfort with the proposed process, a
preference for following standard procedures, concerns re a future barrage of similar
requests, and recognition that the subject property would be difficult to develop. It was
commented that the tremendous work staff did to develop the US 19 Corridor
Redevelopment Plan included a specific conscious review of locations inappropriate for
self -storage facilities, the Plan was still new, and the City should have the opportunity to
live with it before changes were made. It was stated the request did not meet standard
inconsistencies established by Code goals and policies and opposition was expressed
to spot zoning and creating anomalies in the Code. It was noted the City Council had
indicated that approval of a previous text amendment did not set precedent.
Support was expressed for the proposal as development of the lot could not meet
parking requirements.
Member Lau moved to deny Case TA2019-06002 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. Members
Anuszkiewicz, Lau, Flanery, Behar, and Chair Boutzoukas voted "Aye"; Members
Quattrocki and Barker voted "Nay." Motion carried.
G. DIRECTOR'S REPORT: None
H. ADJOURN
The meeting adjourned at 1:55 p.m.
Chair — Community D elopmen
Community Development 2019-09-17
and
4
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
TO: Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records
Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items September 17, 2019
DATE: September 12, 2019
Community Development Board Packets being distributed contain the following:
Unapproved minutes of August 20, 2019.
Level Two Applications (Items 1-2)
1.. Case: Case: FLD2019-06017 — 64/566 Bay Esplanade
Presenter: Mark Parry, Senior Planner
Yes: No: ,)c(
2. Case: FLD2019-05015 —19337 US Highway 19 N
Presenter: Kevin Nurnberger, Senior Planner
Yes: No:
Level Three Applications (Items 1)
1. Case: TA2019-06002—Amendments to the Community Development Code
Presenter Lauren Matzke, Long Range Planning Manager
I have conducted a •ersonal investi:ation on the • ersonal site visit to th ollow' : • ro
Print Name: PI t444
Prepared by: Sherry L. Watkins, Administrative Analyst
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
TO: Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records
Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items September 17, 2019
DATE: September 12, 2019
Community Development Board Packets being distributed contain the following:
Unapproved minutes of August 20, 2019.
Level Two Applications (Items 1-2)
1.. Case: Case: FLD2019-06017 — 64/566 Bay Esplanade
Presenter: rk Parry, Senior Planner
Yes: " No:
2. Case: FLD2019-05015 —19337 US Highway 19 N
Presenter: Kevin Nurnberger, Senior Planner
Yes: V No:
Level Three Applications (Items 1)
1. Case: TA2019-06002 —Amendments to the Community Development Code
Presenter Lauren Matzke, Long Range Planning Manager
I have condu ation on the sersonal site visit to the following properties.
Si :nat ate: �j ` 7
-t7 vst
Prepared by: Sherry L. Watkins Administrative Anal
CITY OF CLEARWATER
CLEARWATER PUNNING & DEVELOPMENT, POST OFFICE Box 4748, CL ARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWYTER, FLORIDA 33756
TELEPHONE (727) 562-4567
TO: Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records
Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items September 17, 2019
DATE: September 12, 2019
Community Development Board Packets being distributed contain the following:
Unapproved minutes of August 20, 2019.
Level Two Applications (Items 1-2)
1.. Case: Case: FLD2019-06017 — 64/566 Bay Esplanade
Presenr: Mark Parry, Senior Planner
Yes: No:
2. Case: FLD2019-05015 —19337 US Highway 19 N
Presenter: Kevin Nurnberger, Senior Planner
Yes:
No:
Level Three Applications (Items 1)
1. Case: TA2019-06002—Amendments to the Community Development Code
Presenter Lauren Matzke,U g tjange Planning Manager
I havetion on the personal site visit to the following properties.
Print Nam "--
Prepare bv: Sherry L. Watkins, Admini rative An Inst
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
TO: Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
COPIES: Michael Fuino Assistant City Attorney; Attorney Jay Daigneault, Susan Chase, Documents and Records
Specialist / Pat Sullivan, Board Reporter
SUBJECT: Agenda Items September 17, 2019
DATE: September 12, 2019
Community Development Board Packets being distributed contain the following:
Unapproved minutes of August 20, 2019.
Level Two Applications (Items 1-2)
1.. Case: Case: FLD2019-06017 — 64/566 Bay Esplanade
Presenter: Mark Parry, Senior Planner
Yes: rMaNo:
2. Case: FLD2019-05015 —19337 US Highway 19 N
Presenter: Kevin Nurnberger, Senior Planner
Yes: l/ No:
Level Three Applications (Items 1)
1. Case: TA2019-06002 — Amendments to the Community Development Code
Presenter Lauren Matzke, Long Range Planning Manager
I have cond
Signatur
Print Name:
rsonal in , ti:ation on the • ersonal site visit to the following properties.
Date:
Prepared bv: Sherry L. Watkins. Administrative Analyst