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06/16/2020 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 16, 2020 Present: 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, Acting Board Member Elizabeth Van Scoyoc Absent: Chair Michael Boutzoukas Also Present - Jay Daigneault—Attorney for the Board, Michael Fuino —Assistant City Attorney, Gina Clayton — Planning & Development Director, 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: February 18, 2020 Member Quattrocki moved to approve the minutes of the February 18, 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: 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: FLD2020-03005 —26 Heilwood Street Level Two Application Owner: Clearwater Beach Investments, LLC. Agent: Spencer Galloway, Clearwater Beach Investments, LLC (5640 108th St SE, Caledonia, MI, 49316; phone: (616) 443-7141; email: sgalloway7141(a-)-gmail.com). Location: 0.100-acre located on the north side of Heilwood Street approximately 75 feet from Mandalay Avenue. Request: The Community Development Board is reviewing a proposed addition to an existing two-unit Resort Attached Dwelling as well as a proposed pool and patio in the Tourist (T) District for the property located at 26 Heilwood Street. The project is nine feet in height and requests allowable flexibility from setback and landscape requirements (CDC Section 2-8031; Beach by Design Section I I.A). Community Development 2020-06-16 1 Associations: Clearwater Neighborhoods Coalition, Clearwater Beach Association and Board of County Commissioners. Presenter: Mark T. Parry, AICP, Senior Planner Member Lau moved to approve Case FLD2020-03005 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. 2. PULLED FROM CONSENT AGENDA Case: FLD2020-03006 — 1720 Overbrook Avenue Level Two Application See below 3. Level Three Application Case: TA2020-03003 —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 allow the comprehensive landscaping program to be utilized in the US 19 District, to permit certain temporary uses in the US 19 District, and within Appendix B US 19 Zoning District and Development Standards to clarify certain exemptions, to amend the Regulating Plan (Figure 1) to depict the key corners and to amend the Frontage Type on a certain right-of-way, to add flexibility for parking, to modify existing flexibility for setbacks and special project types, and to make other clarifying and administrative amendments, and making a recommendation to the City Council. Associations: Clearwater Neighborhoods Coalition; Board of County Commissioners Presenter: Lauren Matzke, Assistant Planning & Development Director Member Behar moved to recommend approval of Case TA2020-03003 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. 2. PULLED FROM CONSENT AGENDA Case: FLD2020-03006 — 1720 Overbrook Avenue Level Two Application Owner: City of Clearwater Agent: Brian J. Aungst, Jr.; Macfarlane Ferguson & McMullen, P.A. (625 Court Street, Suite 200, Clearwater, FL, 33756; phone: 727-444-1403; email: bia(abmacfar.com) Location: 4.12-acres located on the south side of Overbrook Avenue approximately 500 feet west of North Betty Lane. Request: The Community Development Board (CDB) is reviewing a proposed public transportation facility as a Comprehensive Infill Redevelopment Project in the Commercial (C) District for a portion of the property located at 1720 Overbrook Avenue. The project will be 25 feet in height, includes 25 off-street parking spaces Community Development 2020-06-16 2 and requests allowable flexibility from building and fence/wall height requirements (Community Development Code Sections 2-7045 and 3-804.B.2). Associations: Clearwater Neighborhoods Coalition and Board of County Commissioners. Presenter: Melissa Hauck-Baker, AICP, Senior Planner David Jaye requested Party Status. Member Barker moved to grant David Jaye Party Status. The motion was duly seconded and carried unanimously. Member Behar moved to accept Ellen Crandall as an expert witness in the fields of zoning, annexations, land use/rezoning applications, comprehensive planning, site plan analysis, and land development code. The motion was duly seconded and carried unanimously. Planning Manager Ellen Crandall reviewed the Staff Report. Staff was not authorized to approve buildings higher than 10 feet at this site. Member Quattrocki moved to accept Emily Pano as an expert witness in the field of architecture. The motion was duly seconded and carried unanimously. Member Barker moved to accept Robert Pergolizzi as an expert witness in the fields of planning, land use, and traffic impact studies. The motion was duly seconded and carried unanimously. Attorney Brian Aungst, representing the applicant, reviewed the project, stating staff had requested the rear decorative wall. He discussed the Jolley Trolley's history in Clearwater. He said the 25-year lease on the subject property addressed preexisting environmental impacts, soil and groundwater assessments, remediation, mitigation, care and maintenance. He said the maintenance facility will operate during regular business hours and only perform oil changes, light engine work, and tire changes. He said the project met all City criteria except for the administration and maintenance buildings' 25-foot heights. Robert Pergolizzi, representing the applicant, said the project was a permitted use consistent with the City's Comprehensive Plan. He said the one-story maintenance facility will be 74 feet from the property line where a 20-foot landscape buffer included shade trees. He said the height of the rear wall was consistent with the Clearwater Fire Station's abutting wall. He said the project met stormwater and drainage requirements and will generate minimal traffic. Emily Pano, representing the applicant, reviewed the project's architectural elements. In response to a concern, she said the rear fence was designed to allow drainage underneath and tree roots to grow. Community Development 2020-06-16 3 Party Status Holder David Jaye said he was pleased with the overall project. He said his landlocked property had no easement for access. He requested that project approval include access to his property. Three people spoke in support of the project and 2 people spoke in opposition. Attorney Aungst said none of the owners of abutting residential properties had voiced objection. He said the Jolley Trolley had not received any complaints from single-family residence owners across the street from its current location. In response to a question, Planning & Development Director Gina Clayton said a maintenance facility was permitted at a transportation facility. The project, which also featured offices and bus storage, met the underlying Future Land Use Plan. In response to a question, Attorney for the Board Jay Daigneault said access to Mr. Jaye's property was not before the Board today for consideration. Member Behar moved to approve Case FLD2020-03006 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 TWO APPLICATIONS: (Item 1-3) 1. Level Two Application Case: FLD2020-01002 —2425 N McMullen Booth and an unaddressed parcel Owner: Kim A. Preedom Trust; Randall R. Preedom Trust Agent: Will Morgan; Vestcor Communities, Inc. (3030 Hartley Road, Suite 310, Jacksonville, FL, 32257; phone: 904-288-7810; email: morganvestcor.com) Location: 6.52-acres located on the west side of North McMullen Booth Road approximately 875 feet south of Enterprise Road East. Request: The Community Development Board (CDB) is reviewing a proposed 99- bed assisted living facility with 32 attached dwelling independent living units in the Medium Density Residential (MDR) District for the property located at 2425 North McMullen Booth Road which consists of two parcels. The project will be 45 feet in height, includes 118 off-street parking spaces and requests allowable flexibility from use and landscaping requirements (Community Development Code Sections 2- 304.A, 2-304.G and 3-1202.G). Associations: Clearwater Neighborhoods Coalition, Oakbrook Estates HOA and Board of County Commissioners. Presenter: Melissa Hauck-Baker, AICP, Senior Planner Kristena Kline requested Party Status. Member Lau moved to grant Kristena Kline Party Status. The motion was duly seconded and carried unanimously. Community Development 2020-06-16 4 Nadine Fahim requested Party Status. Member Behar moved to grant Nadine Fahim Party Status. The motion was duly seconded and carried unanimously. Rachel Friesema requested Party Status. Member Lau moved to grant Rachel Friesema Party Status. The motion was duly seconded and carried unanimously. Member Quattrocki moved to accept Ellen Crandall as an expert witness in the fields of zoning, annexations, land use/rezoning applications, comprehensive planning, site plan analysis, and land development code. The motion was duly seconded and carried unanimously. Planning Manager Ellen Crandall reviewed the Staff Report. She said the Board had been provided multiple correspondence. Regarding many resident complaints that they had just learned about the project, she said the project was advertised, the property posted, and notices mailed for the March meeting which was later canceled due to the pandemic. Several neighbors attended the February DRC (Development Review Committee) meeting. Advertising for today's meeting met all legal requirements. In response to questions, Ms. Crandall said density would be the same for a single- family residence development on the site but heights would be limited to 25 feet. Barton Lane was a public right-of-way. As proposed, the front entry tower and central building will be 3 stories while the front and rear buildings will be 2 stories. Will Morgan of Vestcor Communities, Inc., representing the landowner, said he had engaged with neighbors, hosted a community meeting, and answered all emails and phone calls. He said his firm developed high end facilities and tried to incorporate neighbor concerns in site plans. He said service elements will be located away from neighbors on the site's north side, densities and scale were lower and setbacks wider than required by Code, and many large trees will be saved. He said use of Barton Lane will be limited to fire trucks exiting the facility following emergencies. Party Status Holder Kristena Kline said she lived adjacent to the site and Barton Lane. She said continuations of previous meetings were poorly handled, frustrating concerned property owners. She appreciated Mr. Morgan's prompt responses to queries, plans to save century old trees, and reassurances that the project posed no flooding risk to her property. She said the proposed Barton Lane gate will be an ugly eyesore and eliminate parking and a neighborhood common area. She said the 45-foot height of the center building will infringe on and overpower her neighborhood. She said additional traffic, ambulances, and delivery trucks associated with the project will exacerbate residents' already difficult egress onto McMullen-Booth Road. She requested the Board delay its decision for time to work on less intrusive options. Community Development 2020-06-16 5 Party Status Holder Nadine Fahim said her property abutted the project's northwest corner. She said she had not received advanced notice of this meeting and only obtained documents last night because the City's link did not work. She expressed concern a 6- foot privacy fence will be ineffective as buildings will overlook her property, negatively impacting use of her backyard and providing direct sight lines into her main bedroom, bath, living space and kitchen. She expressed concern ponds were planned near her house; the dry pond next to her house attracted rats and snakes and overflowed during hurricanes. She said project personnel already had trespassed on her property. She expressed concerns proposed landscaping will shade her solar panels. Party Status Holder Rachel Friesema hoped ACLF (Adult Congregate Living Facility) residents in the 3-story building will not have direct views into neighborhood backyards. She said a 6-foot fence will not diminish residents' loss of backyard privacy and rights to enjoy their homes. She said emergency vehicles will be disturbing, annoying, and interfere with residents' sleep, undermining their mental health. She said she was a Realtor and the massive buildings will overwhelm her residential neighborhood, devalue property values throughout the subdivision, and impose economic losses on its residents. She said the area did not need additional ACLFs. She recommended the site be developed with housing. A resident spoke in opposition to the project. Mr. Morgan said the project saved trees and probably will feature a Mediterranean style. He said stairwells in the back corners of the rear 2-story wings will not have windows. He said the structures, designed to preserve view corridors, will be 35 feet from the property line. He felt the ACLF development was a better use of the site than a competing proposal for 65 townhomes which would have generated higher traffic counts and increased activity on Barton Lane. He said after groundbreaking, property values had increased in a subdivision abutting one of his firm's projects. He said a market study indicated a large local demand for ACLFs. In response to concerns, Assistant Fire Marshal Keith Hatten reviewed fire code and stated the Barton Lane gate only will be opened for fire trucks, not ambulances, to egress the property following a fire emergency on the facility's south side where an emergency vehicle turn around could not be built onsite due to insufficient space. Discussion ensued with comments that the developer's communication with neighbors and effort to be a good neighbor resulted in a thoughtful design which tried to maximize privacy, traffic was directed to the property's north side, setbacks for a multi-home development would have been smaller, project outfall will drain into the creek on the site's north side, the number of units was less than allowed by Code, and efforts to preserve large trees were commendable. Member Lau moved to approve Case FLD2020-01002 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and Community Development 2020-06-16 6 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. Level Two Application Case: FLD2015-09036A (related to FLD2013-04015A) — 401, 411, 421, 425 and 431 South Gulfview Boulevard/ South Gulfview Boulevard right-of-way Owner: City of Clearwater (South Gulfview Boulevard right-of-way); Triprop Clearwater, LLC Agent: Katherine E. Cole; Hill, Ward and Henderson P.A. (600 Cleveland St., Suite 800, Clearwater, FL, 33755; phone: (727) 724-3900; email: Katie.Cole(a-)hwhlaw.com) Location: 2.416-acres bound by South Gulfview Boulevard (west), Coronado Drive (east), and Fifth Street (north); South Gulfview Boulevard right-of-way between Hamden Drive and 5t" Street. Request: The Community Development Board (CDB) is reviewing an amendment to an approved Level Two Flexible Development application (FLD2015-09036) for the construction of a 248-unit hotel utilizing 127 existing hotel units and an additional 100 units allocated from the Hotel Density Reserve through Beach by Design as currently approved through HDA2014-06004 (as amended by HDA2015-06001 and HDA2014-06004A) within the Tourist (T) District for the property located at 401, 4117 4217 425 and 431 South Gulfview Boulevard. The project will be 150 feet in height, proposes a minimum of 298 off-street parking spaces available for the hotel and an additional 230 off-street parking spaces available to the general public and includes a proposed pedestrian overpass bridge extending between the subject site and 430 South Gulfview Boulevard (Opal Sands Resort) spanning Beach Walk and the South Gulfview Boulevard right-of-way. The project requests allowable flexibility from height, setback requirements and the Design Guidelines of Beach by Design and a two-year Development Order (Community Development Code Sections 2-803.D and 4-407). Associations: Clearwater Neighborhoods Coalition, Clearwater Beach Association and Board of County Commissioners. Presenter: Mark T. Parry, AICP, Senior Planner Member Barker 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. Senior Planner Mark Parry reviewed the Staff Report. The project was modified following the developer's acquisition of the Post Pizza property. The sidewalk's width will not change. Condition 15 had a scrivener's error. Attorney Katie Cole, representing the applicant, said the project had a 0-foot front setback. She said the sidewalk was part of Beach by Design. She said the project's Community Development 2020-06-16 7 landscape architect was working with the property owner and City on greenspace that will be created when the existing road spur is closed. She said the project, owned by Opal Sands, met all Beach by Design requirements. Member Lau moved to approve Case FLD2015-09036A 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 including correction of scrivener's error in Condition 15 to read "That prior to the issuance of any building permits, except for demolition, clearing and grubbing or the provision of fill, revised figures are provided that clearly demonstrate that no more than 4-0 15 percent of the gross floor area of the hotel is provided as accessory use." The motion was duly seconded and carried unanimously. 3. Level Two Application Case: FLD2013-04015A (related to FLD2015-09036A) — 430 South Gulfview Boulevard/ South Gulfview Boulevard right-of-way Owner: City of Clearwater (South Gulfview Boulevard right-of-way)/Clearmar, LLC (430 South Gulfview Boulevard). Agent: Katherine E. Cole; Hill, Ward and Henderson (600 Cleveland St., Suite 800, Clearwater, FL, 33755; phone: (727) 724-3900; email: Katie.Cole(a-)-hwhlaw.com) Location: 2.450-acres on the west side of South Gulfview Boulevard approximately 500 feet northwest of Hamden Drive South; South Gulfview Boulevard right-of-way between Hamden Drive and 5t" Street. Request: The Community Development Board (CDB) is reviewing an amendment to an approved Level Two Flexible Development application (FLD2013-04015) for a proposed pedestrian overpass bridge extending between the subject site and the property located at 401, 4117 4217 425 and 431 South Gulfview Boulevard spanning Beach Walk and the South Gulfview Boulevard right-of-way and a two-year Development Order (CDC Section 2-803.D and 4-407). Associations: Clearwater Neighborhoods Coalition, Clearwater Beach and Board of County Commissioners. Presenter: Mark T. Parry, AICP, Senior Planner Senior Planner Mark Parry reviewed the Staff Report. Attorney Katie Cole, representing the applicant, said the pedestrian bridge was previously approved. She said acquisition of additional property required project modification. She said sidewalk widths would not be impacted. Member Behar moved to approve Case FLD2013-04015A 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. G. DIRECTOR'S ITEMS Community Development 2020-06-16 8 1. ELECTION OF OFFICERS: Chair and Vice Chair Member Lau moved to reappoint Michael Boutzoukas as Chair and Christopher Anuszkiewicz as Vice Chair. The motion was duly seconded and carried unanimously. 2. Clearwater Citizens Guide to Community Development Board Hearings Ms. Clayton said the Citizens Guide was developed to educate residents re the Community Development Board process, resident participation, resident rights, and the appeal process. As the quantity of information appeared daunting, it was recommended a decision tree be added for residents to easily be able to determine their status. It was stated the process should allow resident input prior to staff approval and put residents and developers on a more equal footing. Concern was expressed that neighbors are not informed that development planning is underway before the process ends. It was recommended that staff post the guide online and reference it in meeting notices. Ms. Clayton said residents can work with the staff planner and attend but not testify at DRC meetings which are advertised. Projects will be posted on the department's website to provide citizens accessible information. Agenda's will include a link to the guide. Members will forward comments to staff. A final version will be circulated to the Board. When completed, the guide will be presented to the Neighborhood Coalition. Staff was thanked for their efforts. H. ADJOURN The meeting adjourned at 3:20 p.m. tik Chair — Co Community Development 2020-06-16 mun y 1 - elopment Board 9