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02/18/2020 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER February 18, 2020 Present: Chair Michael Boutzoukas, Vice Chair Christopher J. Anuszkiewicz, Board Member Mike Flanery, Board Member John Quattrocki, Board Member Brian Barker Absent: Board Member Mary A. Lau, Board Member Jordan Behar, Alternate Board Member Elizabeth Van Scoyoc Also Present - Rob Eschenfelder—Attorney for the Board, Michael Fuino —Assistant City Attorney, Ellen Crandall — Planning Manager, Patricia O. Sullivan — Board Reporter A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE The Vice 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: January 21, 2020 Member Barker moved to approve the minutes of the January 21, 2020 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 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: FLD2019-11031 —2116 Palmetto Street Level Two Application Owner: Marvin's Garage, LLP Agent: Robert Pergolizzi, Gulf Coast Consulting (13825 ICOT Blvd., Suite 605, Clearwater FL, 33760; phone:727-644-2695; email: pergo(a-)qulfcoastconsultinginc.com) Location: 4.928 acres located on the north side of Palmetto Street approximately 670 feet west of the North Belcher Road and Palmetto Street intersection. Request: The Community Development Board (CDB) is reviewing a change of use from a 14,985 square-foot warehouse to a museum in the Industrial, Research, and Technology (IRT) District for the property located at 2116 Palmetto Street. The project will be 24 feet in height from grade to top of flat roof line and will include 13 off-street parking spaces, and requests allowable flexibility to the minimum required Community Development 2020-02-18 1 number of off-street parking spaces, use and landscaping (Community Development Code Sections 2-1304.D and 3-1202.G). Associations: Clearwater Neighborhoods Coalition and Board of County Commissioners. Presenter: Kevin W. Nurnberger, Senior Planner See below for motion of approval 2. Case: FLD2019-10028 - 11 Baymont Street Level Two Application Owner: Residences at Sandpearl Resort Condominium Association, Inc. Agent: Roger Stephan; Superior Structure (7042 Benjamin Road, Tampa FL, 33634; phone: 813-917-8496; email: ro. erstephan100(abgmail.com) Location: 2.408 acres located on the south side of the western terminus of Baymont Street and the north side of the western terminus of San Marco Street. Request: The Community Development Board (CDB) is reviewing a proposed fence/knee wall in the Tourist (T) District, the Destination Resort District of Beach by Design and seaward of the Coastal Construction Control Line (CCCL) for the property located at 11 Baymont Street comprised of three parcels. The project requests allowable flexibility for new construction seaward of the CCCL (Community Development Code Section 3-905.C.3). Associations: Clearwater Beach Association, Clearwater Neighborhoods Coalition and Board of County Commissioners. Presenter: Mark T. Parry, AICP, Senior Planner Chair Boutzoukas declared a conflict of interest. Referring to Board Rules of Procedure, Assistant City Attorney Michael Fuino said a quorum of five members was required to conduct Board business and recommended the case be continued to the next meeting. Member Barker moved to continue Case FLD2019-10028 to March 19, 2020. The motion was duly seconded. Members Anuszkiewicz, Flanery, Quattrocki, and Barker voted "Aye"; Chair Boutzoukas abstained. Motion carried. 3. Case: FLD2019-11032 — 1510 Barry Road Level Two Application Owner: 1510 Barry Holdings LLC. Agent: Robert Pergolizzi, Gulf Coast Consulting (13825 ICOT Blvd., Suite 605, Clearwater FL, 33760; phone:727-644-2695; email: pergo(a-)qulfcoastconsultinginc.com) Location: 2.14 acre property located on the north side of Barry Road, approximately 600 feet east of the intersection with South Highland Avenue. Request: The Community Development Board (CDB) is reviewing a proposed 90 bed assisted living facility in the Office Zoning District and associated non-residential off-street parking in the Low Medium Density Residential Zoning District for the property addressed as 1510 Barry Road and an unaddressed parcel. The project will be 22 feet in height from grade (13 feet from Base Flood Elevation), proposes 72 off- Community Development 2020-02-18 2 street parking spaces and requests allowable flexibility for use, setbacks, parking and landscaping. (Community Development Code Sections 2-1004.A., 2-204.E., 3- 1202.G.) Associations: Clearwater Neighborhoods Coalition and Board of County Commissioners. Presenter: Vinod Kadu, Senior Planner Member Quattrocki moved to approve Cases FLD2019-11031 and FLD2019-11032 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 with revision to conditions for Case FLD2019-11032 to read: "Condition 5. That the applicant submit an application for building construction permit for site improvements and change of use to assisted living facility subject to the use and occupancy classification of the Florida Building Code Sixth Edition (2017) and Florida Fire Prevention Code Sixth Edition (2015) no later than May 18, 2020; Condition 6. That the building construction permit is obtained no later than six (6) months from the submittal of the building construction permit;" with subsequent conditions renumbered accordingly. The motion was duly seconded and carried unanimously. F. DIRECTOR'S ITEMS: None. G. ADJOURN The meeting adjourned at 1:10 p.m. Attest: Community Development 2020-02-18 Vk,e_iL__. Chair — Commu ty Dev: op - nt Board 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST?1.91 E—FIRST NAME—MIDDLE NAME I �x t-E �� t ✓� (� I NA E OF BOARD, COUNCIL COMMISSION, AUTHORITY OR COMMITTEE (I( v/91-e4- 6omitA✓ A ,l, eve/ !" Rd MAILING ADDRESS q S_3 , J[� L ' �O �t(�/Til L?t t'COUNTY THE BOARD, COUNCIL COMMISSION, AUTHORITY OR COMMI EE ON WHICH I SERVE ISA UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY C(� SA / - _ke /%� (( NAME OF POLITICAL SUBDIVISION:`W�� (( DATE ON WHICH VOTE OCCURRED Z I 1 g ' z,D2-U MY POSITION IS: ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or Toss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or Toss of a principal (other than a govemment agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or Toss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. ,1 �t r,� DISCLOSURE OF LOCAL OFFICER'S INTEREST M (C_L � � L-cf vi -a-1 hereby disclose that on re CM dmf\ I e (a) A measure came or will come before my agency which (check one or more) I inured to my special private gain or Toss; inured to the special gain or loss of my business associate, _ inured to the special gain or Toss of my relative /n� ^I ▪ inured to the special gain or loss of 31 ele f ei I all s Jr -eat ( A�� C aula /4accc (e* )t4by whom I am retained; or inured to the special gain or Toss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 20 `j2: P?iLt. 4// 'YLGC jAA 1'/-, g oae, /"ow -e^ ty-71-dr/4•72e-4 fir Ow,L,,r4// 01-5-e,ttat,yk M- 50..011q [ ,3v(w 414 eft C41: re-cp,1.e f If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 2/ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAK • ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 2 CITY OF CLEARWATER CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 IY UNICIPAL, 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 February 18, 2020 DATE: February 13, 2020 Community Development Board Packets being distributed contain the following: Unapproved minutes of January 21, 2020. Level Two Applications (Items 1-3) 1. Case: FLD2019-11031— 2116 Palmetto Street Presenter: K9vin W. Nurnberger Senior Planner Yes: / No: 2.Case: FLD2019-10028 -11 Baymont Street Presenter: park T. Parry, Senior Planner Yes: v No: 3. Case: FLD2019-11032 —1510 Barry Road Presenter: Vinod Kadu, Senior Planner Yes: No: I have conduct sti: ation on th - • er onal ite visit to he f• llowin: • r• • - ies. natur 1 Date: Z F S,Z Print Name: Prepared bv: Sherry L. Watkins. Administrative Assistant CITY OF CLEARWATER CLEAR ATER 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 February 18, 2020 DATE: February 13, 2020 Community Development Board Packets being distributed contain the following: Unapproved minutes of January 21, 2020. Level Two Applications (Items 1-3) 1. Case: FLD2019-11031 — 2116 Palmetto Street Presents(: Sevin W. Nurnberger Senior Planner Yes: w No: 2.Case: FLD2019-10028 -11 Baymont Street PresenterAark T. Parry, Senior Planner Yes: ��// No: 3. Case: FLD2019-11032 —1510 Barry Road Presenter. Vinod Kadu, Senior Planner Yes: I have _ Signatu _4/711?";il>♦ .Date: c2 Print Namely Wei SikZDC1G. Prepared bv: Sherry L. Watki s. Administrative Assistant No: nducted n on the personal site visit to the following properties.