10/14/2020 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
October 14, 2020
Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on
March 20, 2020, municipalities may conduct meetings of their governing boards without
having a quorum of its members present physically or at any specific location, and
utilizing communications media technology such as telephonic or video conferencing, as
provided by Section 120.54(5)(b)2, Florida Statutes.
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
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, PLEDGE OF ALLEGIANCE - Chair Michael Boutzoukas
The meeting was called to order at 1:00 p.m. followed by the Pledge of Allegiance. Chair
Michael Boutzoukas, Vice Chair Christopher Anuszkiewicz and Board Members Mary Lau, Mike
Flanery, John Quattrocki, Brian Barker and Jordan Behar attended the meeting using
communications media technology. Also participating in the meeting were Attorney for the Board
Jay Daigneault, Assistant City Attorney Michael Fuino, Planning & Development Director Gina
Clayton, and Board Reporter Patricia Sullivan. Live participation occurred in Council Chambers
at the Main Library.
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: September 15, 2020
Member Behar moved to approve the minutes of the September 15, 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. LEVEL TWO APPLICATION: (Item 1)
1. Case: FLD2020-07017 — 524 Mandalay Avenue Level Two Application
Owner(s): TEMA Investments LLC. Miami FL
Applicant/Representative: Roberta Klar, Klar and Klar Architects; 28473 US Highway 19
North #602, Clearwater, FL 33761; phone: 727-799-5420; email: roberta@klarklar.com)
Location: 0.199-acre property located on the northwest corner of Mandalay Avenue and
Ambler Street.
Community Development 2020-10-14 1
Request: The Community Development Board (CDB) is reviewing a proposed rooftop
addition to an existing building in the Tourist (T) District and Destination Resort District of
Beach by Design for the property located at 524 Mandalay Avenue. The project is a
restaurant proposing a height of 24 feet, five parking spaces, and requests allowable
flexibility from setback and parking requirements. (Beach by Design and Community
Development Code Section 2-803. D.4)
Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners and
Clearwater Beach Association
Assigned Planner: Vinod Kadu, LEED AP, Senior Planner
Member Anuszkiewicz moved to accept Vinod Kadu as an expert witness in the fields of site
plan analysis, historic preservation, urban design, architecture, zoning, site plan review, general
planning, development standards, transit oriented planning & design, and sustainable design &
development. The motion was duly seconded and carried unanimously.
Chair Boutzoukas declared a conflict of interest.
Senior Planner Vinod Kadu provided a PowerPoint presentation of the Staff Report. A 5-foot
wall along the north side of the deck was proposed to reduce noise. Staff recommended
approval with conditions of approval.
Roberta Klar, representing the applicant, said the applicant agreed with the Staff Report and its
conditions of approval.
Restaurant owner Frank Benelli said he was active in the community. He said he always had
operated the business as a family restaurant. He said staff had been paid and his restaurant had
remained open throughout the pandemic; most patrons were local residents. He said additional
patio seating was necessary for his business to stay open; patrons uncomfortable with inside
dining went elsewhere when outdoor seating was unavailable. He said the restaurant was open
off-season until 9:00 p.m. Monday through Thursday and until 10:00 p.m. on Friday and
Saturday. He said his restaurant was not a late night destination and did not attract a late night
clientele.
In response to questions, Ms. Klar said the wall would incorporate as much acoustics as
possible; both sides will feature aesthetic components. She said plans for lighting had not been
finalized. She anticipated ambient and path lighting would be installed; patio lighting will not
shine onto other properties.
Four people spoke in person and one person telephoned concerns that noise from the proposed
patio deck would disturb overnight guests at nearby hotels resulting in bad reviews and income
loss. Another caller expressed concerns re the restaurant's garbage and problems re parking
spaces his business shared with the restaurant.
In response to questions, Mr. Kadu said staff had not recommended restricting hours of
operation. The Tourist District permitted restaurants next door to residences. Covenants
established rules for tenants' use of the building's dedicated parking spaces. The applicant's
parking demand study satisfied Code requirements for sufficient parking within 1,000 feet of the
restaurant. A condition of approval prohibited live microphones and amplified music.
Community Development 2020-10-14 2
Planning & Development Director Gina Clayton reviewed the Code's noise Ordinance which
prohibited loud and raucous noise audible beyond 100 feet and between 10:00 p.m. and 7:00
a.m. A nightclub use previously was permitted for the site. The wall will be an extension to the
building and not regulated by Code.
It was commented that the tourist district had numerous adjacencies including residences,
hotels, bars, and restaurants. It was agreed it would be nice for sound to be controlled. Support
was expressed for a sound wall that deflected noise away from neighbors. It was noted
neighbors had the right to install sound barriers.
Ms. Klar said as plans are developed, the height of the sound wall could be increased to 7 or 8
feet to address neighbor concerns. She noted the Code permitted the building's height to be
significantly taller.
Attorney Kevin Hayslett, representing the applicant, said the applicant's goal was to be a good
neighbor and he had agreed to increase the height of the sound wall in response to Sand Pearl
and Clearwater Suites hotels' concerns. He said the applicant also had agreed to cancel a
potential onsite use by eliminating its ability to operate as a nightclub. He said by design the
restaurant was not a raucous bar. He did not anticipate any changes to operational hours which
reflected client demands.
Member Behar moved to approve Case FLD2020-07017 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 upon roll call, the vote was:
Ayes: 6 - Vice Chair Anuszkiewicz, Board Member Lau, Board Member
Flanery, Board Member Quattrocki, Board Member Barker
and Board Member Behar.
Abstained: 1 - Chair Boutzoukas
Motion carried.
F. DIRECTOR'S ITEMS
Ms. Clayton said a planned presentation was delayed. The Governor had indicated in-person
meetings would resume in November.
G. ADJOURN
The meeting adjourned at 1:55 p.m.
Attest:
Boar • ' eporter
Community Development 2020-10-14
Chair — Community l7 eve pme nt Board
3
FORM 8E3 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS_
NAME OF BOARD, COUNCIL, ck)i 'AissiCN; AUTriORITY, On COMMITTEE
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THE BOARD, COUNCIL, COMMISSION, AUTHORITY On COMMITTEE ON
WHICH I SERVE 15 A UNIT OF:
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NAME OF POLITICAL SUBDS
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WHO MUST FILE FORM 8B
'his 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
:ornrniSsion, authority, or committee. It applies .equally to members:of edvisory and non -advisory bodies who are presented with a votinc
onflict of interest. under Section 112.3143. Florida Statutes,
'our responsibilities under the ISM when faced with voting on a measure in w.vhich you have a_conflictof interest :will vary _greatly depending
n whether you hold an elective or appointive position. For this reason, please pay close attention totheinstructions on this form before
ompleting the reverse side and tiling the toren.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
person holding elective or appointive county, municipal, or other local public: office MUST ABSTAIN from voting. on .a measure which
ureee +n his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea -
4 .h inures:to the special gain or toss ofa principal (other than a government agency) by whom he or she is retained (including the-
organization
heorganization or subsidiary of a corporate principal by which he or she is retained),- to the special private gain or loss of a relative; or
the special private gain or loss of a business associate. Commissionersof community redevelopment agencies under Sec: 163.356 or
33.357, F,S:..and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited' from voting in that
acii,'i
3r purposes of this law, a "relative" includes only the, officer's' father; mother, son, daughter,'husband, wife, brother, sister, father-in-law,
other•in-law, son•in-law; and:daughter-in-law. A "business associate" means any person.or entity engaged in or carrying on a business
iterprise with the officer as a partner; joint venturer, coowner of property,. or corporate shareholder (where the shares of the cotporatibn
•e not listed an any naticinat or regional stock exchange).
LECTED OFFICERS:
addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly'stating ter 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 comOleting and filing this form with the person responsible for recording the min-.
utes of the meeting, who.should incorporate the form in the minutes.
PPOINTED OFFICERS:
though you must abstain from voting in the situations described above, you otherwise may participate in these- matters. However, you
ust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or In writing and whether made
' you or at your direction.
{ . ,INTEND TO tstA.KK,ANY ATTEMPT TO INFLUENCE THE D.ECiSION PRIOR TO THE MEETING AT WHICH THE `VOTE WILL BE
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You n)ust,comptete and file this form (before. real ing any attempt to ! fiuen e, the dCitizion) with the person responsible for r� f�f iti f'ii e
rii!rmies of the meptini3, ':ho wtii inceiporate tL t.OITn in u minutes. IGOnliruS:Cd, n otrier ;yide}
I APPOINTED OFFQCERS (ctnt.inued)
A copyof the form must be provided immediately to the other members or the agency.
The form must ba read publicly st the next meeting atter the form is filed.
OU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT SY 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 thevote 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 reed publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
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hereby disclose that on
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(a) A measure came or will come before my, agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business assobiate,
inured to the special gain or: loss of my relative.
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of , which
is the parent organization or subsidiary of a.principal which has retained me.
(r. The measure before my agency and the nature of my conflicting interest.in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112S17, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE'
CONSTITUTES. GROUNDS FOR AND MAY BE PUNISHED BY ONE 08 MORE OF THE FOLLOWING: IMPEACHMENT,
t( OVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
(IL PENALTY NOT TO EXCEED $10,000
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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 October 14, 2020
DATE: October 12, 2020
Community Development Board Packets being distributed contain the following:
Unapproved minutes of September 15, 2020
Level Two Applications (Items 1)
1. Case: FLD2020-07017 — 524 Mandalay
Assigned Planner: Vinod Kadu, LEED AP Senior Planner
Yes: No:
I have conducted a personal inv 'Ration on the personal site visit to the following properties.
Signature: Date: /0 /016'
Print Name: P IA.h ga-e "`- eiVt
Prepared by: Sherry L. Watkins, Administrative Assistant
CITY OF CLEARWATER
CJ.r;,vRvr:v l IR Pi ,wvm(; & WVI NT, Po r 47:IS, CLEAR l'i.OR1Dv 33753-4748
MiyiCu>:v Skizvu;is 13111.1)1N( IOU Soi;Tru \P. to , A i:ya:, C.,Anx[i R, FO.OainA 33756
1'ei.r: Fiuni: ('27) 567-4367
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 October 14, 2020
DATE: October 12, 2020
Community Development Board Packets being distributed contain the following:
Unapproved minutes of September 15, 2020
Level Two Applications (Items 1)
1. Case: FLD2020-07017 — 524 Mandalay
Assigned Planner: Vinod Kadu, LEED AP Senior Planner
Yes: X No:
I have conducted a personal investigation on the personal site visit to the following properties.
`,
Signature: 44k0,1-. Date: 10-12-2020
Print Name: Michael Boutzoukas
Prepared by: Sherry L. Watkins, Administrative Assistant
TO:
Community Development Board Members
FROM: Gina Clayton, Planning and Development Director
Michael Fuino Assistant City
Records S Attorney; Attorney
pecialist / Pat Jay Daigneault, Susan Chase, Documents
SUBJECT: A Sullivan,Board Reporter
Benda Items October 14, and
2020
DATE: October 12, 2020
Community Development Board
oard Packets being
minutes of September 15, 2020 distributed contain the following:
Level Two Applications (Items 1)
1. Case: 1= 11)2020-070
Assi � i 7 — 524 Mandalay
Assigned pfanner: Vinod Kadu, TEED AP
Yes:
No: Senior Planner
I have condu ed a
Si
nature:
Print Name:
Prepared by: Sher
/h I investi:
jam// anon on the .ersonal site visit to the follawin� .ro
f/
Date:
ZO
L Watkins, Administrative a n
Assistant
erties.
C� T c I• C
R \X;\T1, R
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 October 14, 2020
DATE: October 12, 2020
Community Development Board Packets being distributed contain the following:
Unapproved minutes of September 15, 2020
Level Two Applications (Items 1)
1. Case: FL[)2020-07017-524 Mandalay
Assigned P nner: Vinod Kadu, LEED AP Senior Planner
Yes: No:
I have conducted apersonal investigation on the personal site visit to the following properties.
Signature:..--' a� C k Date: /G>�/3/zv 2�
Print Name: J2 V/(► C�� ( f -/c7 e. -
Prepared by: Sherry L. Watkins, Administrative Assistant
Meeting Date: a °" , Caller:
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