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11/19/2019 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER November 19, 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, Alternate Board Member Elizabeth Van Scoyoc Also Present - Jay Daigneault—Attorney for the Board, Michael Fuino —Assistant City Attorney, Gina Clayton — Planning & Development Director, 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: October 15, 2019 Member Barker moved to approve the minutes of the October 15, 2019 Community Development Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. Alternate Member Van Scoyoc did not vote. 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) 1. Case: FLD2015-02006A— 40 Devon Drive Level Two Application Owner: Decade Sea Captain, LLC. Agent: Robert Aude; Robert Aude Associates (19321 US Highway 19 N Suite 300, Clearwater, FL 33764; phone: 727-535-4585; email: raude@robertaude.com) Location: 0.831 acre (LMDR District upland portion only: 0.171 acre) located on the north side of Devon Drive approximately 150 feet east of Coronado Drive Request: The Community Development Board (CDB) is reviewing an amendment to an approved Level II Flexible Development application (FLD2015-02006) for the construction one detached dwelling on the portion of the site within the Low Medium Density Residential (LMDR) District and to retain the previously approved overnight accommodations on the portion of the site within the Tourist (T) District for the property located at 40 Devon Drive. The detached dwelling satisfies all applicable Community Development 2019-11-19 1 CDC development standards and will be 30 feet in height from Base Flood Elevation, includes a minimum of two parking spaces and minimum front, side and rear setbacks of 25, 5, and 25 feet, respectively (Community Development Code (CDC) Section 2-202). Neighborhood Associations: Clearwater Neighborhoods Coalition; Clearwater Beach Association; Board of County Commissioners. Presenter: Mark T. Parry, AICP, Senior Planner Member Lau moved to approve Case FLD2015-02006A 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. Alternate Member Van Scoyoc did not vote. 2. PULLED FROM CONSENT AGENDA Case: FLD2019-08026 —2495 Enterprise Road Level Two Application See below. 3. Level Three Application Case: TA2019-10005 —Amendments to the Community Development Code Applicant: City of Clearwater Request: The Community Development Board (CBD) is reviewing a request to amend the City of Clearwater's Community Development Code to adopt the International Property Maintenance Code with Certain Local Amendments in Section 3-1502 in place of Chapter 47, Article VII, Unsafe Buildings and Systems and Chapter 49, Housing Code and expanding the powers of the Building/Flood Board of Adjustment and Appeals to hear violations and appeals related to the International Property Maintenance Code, and making a recommendation to the City Council. Neighborhood Associations: Clearwater Neighborhoods Coalition; Board of County Commissioners Presenter: Dana Root, Assistant Building Official Member Anuszkiewicz moved to recommend approval of Case TA2019-10005 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. Alternate Member Van Scoyoc did not vote. 2. PULLED FROM CONSENT AGENDA Case: FLD2019-08026 — 2495 Enterprise Road Level Two Application Owner: TOPS Software LLC Agent: Brian Smith; Element Commercial Construction (PO Box 362, Palmetto, FL 34220; email: brian.smith@element-cc.com) Location: 1.730 acres located on the east side of Enterprise Road approximately 320 feet south of Countryside Boulevard. Community Development 2019-11-19 2 Request: The Community Development Board (CDB) is reviewing a request for a 16,696 square-foot School in the US 19 Zoning District (Subdistrict US 19 -Regional Center) for the property located at 2495 Enterprise Road. The project will include the interior renovation of an existing building, maintain the existing height of 30 feet and provide 67 parking spaces (Community Development Code Appendix B Section 104.C. and 303 Table 2). Neighborhood Associations: Clearwater Neighborhoods Coalition; Board of County Commissioners Presenter: Mark T. Parry, AICP, Senior Planner Todd Pressman requested Party Status on behalf of Richard Gottlieb. Member Lau moved to grant Party Status to Todd Pressman as representative for Richard Gottlieb. The motion was duly seconded and carried unanimously. Alternate Member Van Scoyoc did not vote. Sandra Willsey requested Party Status. Member Lau moved to grant Party Status to Sandra Willsey. The motion was duly seconded and carried unanimously. Alternate Member Van Scoyoc did not vote. Greg Willsey requested Party Status. Member Behar moved to grant Party Status to Greg Willsey. The motion was duly seconded and carried unanimously. Alternate Member Van Scoyoc did not vote. Todd Burch requested Party Status. Member Anuszkiewicz moved to grant Party Status to Todd Burch. The motion was duly seconded and carried unanimously. Alternate Member Van Scoyoc did not vote. Member Anuszkiewicz moved to accept Mark Parry as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, zoning, land use/rezoning applications, land development, general planning, code amendments, landscape ordinance, and special area plans/overlay districts. The motion was duly seconded and carried unanimously. Alternate Member Van Scoyoc did not vote. Senior Planner Mark Parry provided a PowerPoint presentation and reviewed the Staff Report. In response to questions, Mr. Parry said the applicant had reported the charter high school provided PSTA (Pinellas Suncoast Transit Authority) bus passes to 150 students, approximately 50 students drove, 30 students walked or biked, and the remainder were dropped off. First shift classes began at 7:00 a.m. and the second shift ended at 5:00 p.m. The applicant's traffic study determined the school would not overburden the area transportation system; PSTA stops were on Countryside Boulevard Community Development 2019-11-19 3 and US 19. The site met parking requirements. The Engineering Department worked with the applicant on traffic study methodology, traffic management, and site circulation; the City accepted the applicant's traffic study as valid. Onsite properties were individually owned and shared parking and a cross access agreement. Brian Smith, representing the applicant, said he had worked with staff on the project. Enterprise High School Director Donna Hulbert said the school, operating for 11 years at Oakbrook Plaza off McMullen-Booth Road, was a good neighbor; she looked forward to being a good neighbor at the new location. She said the common denominator among the 16 — 21 year-old students was their inability to succeed at larger schools. She said the school had a good relationship with Pinellas County schools and was successful, graduating up to 160 students a year with high school diplomas. She said the school served breakfast and lunch. She said the school's 400 students attended 2 sessions: half from 7:00 a.m. to 11:30 a.m. and half from 12:30 p.m. to 5:00 p.m. She said there was not a huge influx/efflux of students when sessions overlapped during lunch services. She said it was rare if more than 3 cars lined up in front of the school. In response to questions, Ms. Hulbert said onsite parking would be sufficient. She said many students worked full- and part-time. She said businesses surrounding the school's current location never had parking concerns. She said most students used PSTA. She said the school had 3 full-time teachers and 3 part-time teachers who worked 9:00 a.m. to 1:30 p.m. She said 2 staff members used PSTA. In response to a question, Mr. Smith said Code prohibited school parking within 200 feet of residential properties; signage for the 4 reserved parking spaces will prohibit student parking. He said the building did not have a specific number of assigned parking spaces. Party Status holder Todd Pressman, on behalf of Richard Gottlieb, said the entire office community and residents across the street opposed the school. He said students and school related traffic would intermingle with and hinder dialysis patients and others accessing onsite medical care and services. He expressed concern students would be dropped off in the middle of drive aisles, impeding traffic. He said the school was required to have an armed security guard. He showed photographs of students hanging outside the school's current location, stating Sheriff reports listed incidents of juvenile activity and Sheriff attempts to execute warrants. He expressed concern 400 students would be onsite at the same time. He said the site was a bad location for a school that was not in harmony with the character of the office and residential community and the proposal did not meet Code requirements. He submitted petitions signed by 14 nearby residents opposing the school and a traffic study by Turgut Dervish, PE. who reported his cursory review indicated access to the parking area in front of the retail/office buildings would be blocked by 8 or more vehicles arriving at the school and on-site queues would interfere with retail/office parking activity. Community Development 2019-11-19 4 In response to a question, Mr. Pressman said the public was not up to speed re the proposal until last week and they barely had time to obtain a traffic engineer report. Party Status holder Sandra Willsey said she had spent a lot of time searching locations before purchasing and then upgrading her property next to the subject site. She expressed concern she already had to post signs and install cameras due to customer traffic for Wawa and Chick-fil-A. She said the school did not fit in with the site's harmony and character and did not belong at this location. She said elderly people accessing medical care already were in a bad situation. She questioned who would monitor the 400 students when they were outside the school. She said the students could not make it in high schools and were not regular high school kids. She said students at the school had been Baker Acted and charged with drug possession, harassing phone calls, and assault and battery. She did not want to fear for the safety of her staff and tenants. Party Status holder Greg Willsey said the school had been dishonest when stating 200 students would be attending; 400 students will result in significantly more traffic. He said the school had underestimated the number of students who would drive to school as many kids want cars. He said he and his wife had carefully chosen this business community; a school would disrupt the harmony and character of the professional and medical offices. He said students would compromise the safety of office clients, staff, and kidney dialysis patients. He expressed concern students would park for long hours by the offices in parking spaces that could not be legally protected. He said students will hang out in the parking lot or leave their vehicles onsite when walking to Wawa or Chick-fil-A. He said the school would cause terrible traffic and future development of the Toys "R" Us site would further impact traffic problems. He expressed concern the Enterprise Road/Countryside Boulevard intersection lacked a left turn signal and backed up with congestion. He said Chick-fil-A customers caused heavy traffic on Enterprise Road. He said he only learned about the school's proposal 2 weeks ago via a mailed flyer that he normally would have thrown away. He said residents from across the street knocked on his door this morning wanting to sign the petition opposing the school. Party Status holder Todd Burch, administrator for Countryside Foot and Ankle Center, referenced medical director Dr. Bruce Levine's letter opposing the school. He said the infrastructure already was strained and traffic was the medical facility's biggest concern. He said Chick-fil-A customers parked in the facility's parking lot, on its grass, or across the drainage ditch and walked across facility property to the restaurant. He expressed concern students would access Chick-fil-A in a similar manner. He said many facility patients were elderly and already had difficulty accessing the medical office without additional vehicular and pedestrian traffic and illegal onsite parking. In response to questions from Assistant City Attorney Michael Fuino, Party Status holder Pressman said his client had paid for the traffic study which was not in-depth due to limited time; he spoke with Mr. Dervish over 3 days but did not know how much time was spent on the study or if Mr. Dervish had done other traffic studies in Clearwater. Community Development 2019-11-19 5 Attorney Fuino expressed concern that Mr. Dervish was not present and available for questioning. Party Status holder Pressman said there were no guarantees the proposed onsite parking circulation would be enforced, the estimated number of students would take the bus, or students would be monitored outside the school. He said notification that the school would have 200 students was dishonest as the school planned to have 400 students in 2 shifts. He said the school would hinder access to onsite professional and medical offices and impact onsite traffic circulation. He said traffic would back up when students were dropped off and picked up. He said he had heard no support for the school. Party Status holder Sandra Willsey said the school would have a negative impact on her investment in the community and rehabilitation of her office building which was designed to attract businesses and employees. Party Status holder Greg Willsey said they only had 2 weeks to deal with this project. He said the location was not good for a school, especially with students learning to drive. He said the area already was congested with Wawa and Chick-fil-A customers. He said he had made a significant investment improving his property and had hired employees. He said the school would adversely affect his property values and ability to grow. He expressed concern the site had limited parking and was not the best location for a school. Party Status holder Burch hoped the applicant's traffic report addressed the lack of a left turn signal at the Enterprise Road/Countryside Boulevard intersection. Jerry Dabkowski, representing the applicant, reviewed his 30-year career as a traffic engineer. He said he worked with City Traffic Engineer Bennett Elbo who had agreed he used the correct ITE (Institute of Traffic Engineers) Code to determine charter high school trip generation. He said his traffic study considered the worst case scenario. He said there would be no onsite queuing. He said Enterprise Road, including the Enterprise Road/Countryside Boulevard intersection, had a LOS (Level of Service) B. In response to a question, he said his traffic study started in July; after school started, cameras recorded traffic from 7:00 a.m. to 5:00 p.m. He said he took the overlap between shifts into consideration but noted most school traffic would ingress/egress the site via the US Highway 19 frontage road. In response to a question, Mr. Parry said this case was brought to the CDB (Community Development Board) because of the use; the applicant had not requested flexibility. Discussion ensued with comments that the meeting was properly noticed, the school was a permitted use and, according to staff, the proposal met all requirements of Code, including sufficient parking. Sympathy was expressed for those who invested in properties based on conditions in place at the time of purchase. It was stated the site had a parking and cross access agreement and the school was an allowable use that Community Development 2019-11-19 6 met requirements; no presented evidence proved otherwise. It was stated the proposal met the spirit of the City's US 19 Corridor Plan but the space was compact and uses, including pedestrian circulation, would overlap. It was stated that more charter schools were locating in rehabilitated buildings in these types of locations which brought benefits to students. It was stated the location may have some challenges. Concern was expressed the school may not be the right mix for the site and would interfere with onsite properties. It was stated that nearby businesses and residents should have had an earlier opportunity to discuss their concerns with staff rather than being kept out of the process until the last minute. It was stated that City review of projects should obtain input from nearby property owners earlier in the process; the applicant had 3 months to complete a traffic study while neighbors only had 2 weeks. It was stated the property owners were not provided sufficient time to hire a traffic expert who could provide more than a cursory review and be present for questioning. It was felt onsite traffic and parking will be a problem. Concern was expressed the school could not be fenced and would negatively impact adjacent property owners and common elements onsite. Member Lau moved to recommend approval of Case FLD2019-08026 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. The motion was duly seconded. Members Lau, Quattrocki, Barker, and Chair Boutzoukas voted "Aye"; Members Anuszkiewicz, Flanery, and Behar voted "Nay." Motion carried. Alternate Member Van Scoyoc did not vote. F. DIRECTOR'S ITEMS Planning & Development Director Gina Clayton said staff was working on the board's meeting procedures and will submit them for review early next year. G. ADJOURN The meeting adjourned at 2:40 p.m. Attest: Chair — C Community Development 2019-11-19 pment Board 7 CITY OF CLEARWATER CLEARWATER PLANNING & DEVELOPMENT, Pos.'. 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 November 19, 2019 DATE: November 14, 2019 Community Development Board Packets being distributed contain the following: Unapproved minutes of October 15, 2019. Level Two Applications (Items 1-2) 1. Case: FLD2015-02006A-40 Devon Drive Presenter: Parry, Senior Planner Yes: No: 2. Case: FLD2019-08026 — 2495 Enterprise Road Presenter: Mark Parry, Senior Planner Yes: ✓ No: Level Three Applications (Items 1) 1. TA2019-10005 — Amendments to the Community Development Code (Will be emailed to you later today) Presenter Dana Root, Assistant Building Official I have conducted a personal investigation on the personal site visit to the following properties. Signature: L . yaw. r., .. Date: tit /i ¶ /201 ) S 4_8)1 Print Name: 'F I 1 t-01LAIN-\ j. Prepared bv: Sherry L. Watkins, Administrative Analyst CITY OF CLEARWATER CLEARWArER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLIEARWATIER, 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 November 19, 2019 DATE: November 14, 2019 Community Development Board Packets being distributed contain the following: Unapproved minutes of October 15, 2019. Level Two Applications (Items 1-2) 1. Case: FLD2015-02006A — 40 Devon Drive Presenter: Mark Parry, Senior Planner Yes: k- No: 2. Case: FLD2019-08026 — 2495 Enterprise Road Presenter: Mark Parry, Senior Planner Yes: No: Level Three Applications (Items 1) 1. TA2019-10005 — Amendments to the Community Development Code (Will be emailed to you later today) Presenter Dana Root I have con Signature: uilding Official Print Name: Prepared by: Sherry L. Watkins, Administrative Analyst cted a perso inve n on the personal site visit to the f (lowing properties. Date: it I i4 11 CITY OF CLEARWATER CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOL'I'H 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 November 19, 2019 DATE: November 14, 2019 Community Development Board Packets being distributed contain the following: Unapproved minutes of October 15, 2019. Level Two Applications (Items 1-2) 1. Case: FLD2015-02006A-40 Devon Drive Presenter: Mark Parry, Senior Planner Yes: No: 2. Case: FLD2019-08026 — 2495 Enterprise Road Presenter: Mark Parry, Senior Planner X Yes: No: Level Three Applicationsat`(Items 1) 1. TA2019-10005 —Amendments to the Community Development Code (Will be emailed to you later today) Presenter Dana Root, Assistant Building Official I have conducted a •ersonal inves n on the • ersonal site visit to the fo own : • ro •erties. Print Name: 'f -rail') 1 r bd' Prepared bv: Sherry L. Watkins. Administrative Analyst