02/16/2021 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
February 16, 2021
Present: Acting Chair Mary A. Lau, Board Member Mike Flanery, Board Member John
Quattrocki, Board Member Brian Barker, Board Member Jordan Behar, Acting Board
Member Nils Kushta, Board Member Empty Seat
Absent: Chair Michael Boutzoukas,
Also Present - Jay Daigneault—Attorney for the Board, Gina Clayton — Planning &
Development Director, Patricia O. Sullivan — Board Reporter
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
The meeting was called 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. SELECTION OF BOARD MEMBER TO PRESIDE AT MEETING:
Member Quattrocki moved to appoint Mary Lau as Acting Chair. The motion was duly
seconded and carried unanimously.
D. APPROVAL OF MINUTES OF PREVIOUS MEETING: January 19, 2021
Member Quattrocki moved to approve the minutes of the January 19, 2021 Community
Development Board meeting as submitted in written summation. The motion was duly
seconded and carried unanimously.
E. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: None.
F. CONTINUED TO THE MARCH 16, 2021 (ITEM 1)
1. Case: FLD2020-11025—929 Eldridge Street Level Two Application
Owner: Habitat for Humanity of Pinellas Count
Applicant/Representative: Ken Rush; Habitat for Humanity of Pinellas County
(13355 49th St N, Clearwater, Florida 33762; phone: 727-536-4755; email:
krush@habitatpinellas.org)
Location: 0.123 acre located at the southwest corner of Eldridge Street and
Pennsylvania Avenue
Request: The Community Development Board is reviewing a proposed detached
dwelling in the Medium Density Residential (MDR) District for the property located at
929 Eldridge Street. The project will be approximately 13 feet in height, will include
Community Development 2021-02-16 1
two off-street parking spaces and requests allowable flexibility regarding setback
(Section 2-304.G).
Neighborhood Associations: Clearwater Neighborhoods Coalition and Board of
County Commissioners
Presenter: Mark T. Parry, AICP, Senior Planner
Case FLD2020-11025 was continued automatically to March 16, 2021.
G. 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)
1. Case: FLD2020-01001 — 1101 Pinellas Street Level Two Application
Owner(s): Teodos Land Trust Werto LLC TRE, 411 Cleveland St Unit 187
Clearwater FL 33755
Applicant/Representative: Gary Badders, Shorelines Design Group (793-D San
Christopher Dr.
Dunedin, FL 34698; phone: 727-736-5463; email: gary@sdgfl.com)
Location: 0.150 acre located on the southeast corner of South Martin Luther King
Jr. Avenue and Pinellas Street.
Request: The Community Development Board (CDB) is reviewing a proposed
duplex in the Medium Density Residential (MDR) District for the property located at
1101 Pinellas Street. The proposed building is 23 feet in height from Design Flood
Elevation (DFE), includes a minimum of four parking spaces (two spaces per
dwelling unit). The project requests allowable flexibility from minimum lot area,
minimum lot width, setbacks, and landscape requirements. (Community
Development Code Section 2-304.G and Section 3-1202.G).
Associations: Clearwater Neighborhoods Coalition and Board of County
Commissioners
Assigned Planner: Vinod Kadu, LEED AP, Senior Planner
Member Quattrocki moved to approve Case FLD2020-01001 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.
PULLED FROM CONSENT AGENDA
2. Case: FLD2020-10022 — 1277 South Highland Avenue Level Two Application
Owner(s): Odd Holdings, LLC
Applicant/Representative: Brian J. Aungst, Jr., Esq; Macfarlane Ferguson &
McMullen, P.A (625 Court Street, Suite 200, Clearwater, FL 33756; phone: (727)
444-1403; email: bja@macfar.com)
Location: 1.155 acres located on the east side of South Highland Avenue
approximately 182 feet north of Lakeview Road.
Request: The Community Development Board is reviewing an expansion of a
wholesale/distribution/warehouse facility in the Commercial (C) District for the
Community Development 2021-02-16 2
property located at 1277 South Highland Avenue. The proposed project will be 25
feet in height and requests allowable flexibility regarding landscaping, use, setbacks,
number of loading zone spaces and parking (Sections 2-7045, 3-1202.G and 3-
1406.A.3).
Associations: Clearwater Neighborhoods Coalition and Board of County
Commissioners
Assigned Planner: Mark T. Parry, AICP, Senior Planner
Member Barker declared a conflict of interest.
Rick Aardsma requested Party Status.
Member Quattrocki moved to grant Rick Aardsma Party Status.
John Schaefer requested Party Status.
Member Quattrocki moved to grant John Schaefer Party Status.
Member Quattrocki 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 provided a PowerPoint presentation of the Staff Report.
Member Quattrocki moved to accept Robert Pergolizzi as an expert witness in the field
of transportation planning. The motion was duly seconded and carried unanimously.
Member Behar moved to accept Christopher Chin as an expert witness in the field of
civil engineering. The motion was duly seconded and carried unanimously.
Attorney Brian Aungst, representing the property owner, said the building on the subject
property was constructed in 1963 before the Code regulated drainage and stormwater;
Kalmia Condominiums were built on the abutting property in the mid-1970s. He said the
area had not had redevelopment activity for many years.
Attorney Aungst said the successful onsite business planned to add 1,500 square-feet
of passive warehousing; the timing and number of deliveries will not change. He said
the project will benefit the community by bringing the property up to Code, upgrading
the stormwater drainage system, and planting a 7-foot landscaping buffer along
Highland Avenue where none exists. He said he had met with Kalmia Condominium
residents to discuss their concerns. He said when the project is completed, stormwater
will not drain onto the Kalmia Condominium property; conditions of approval required
the project to be designed and constructed to meet SWFWMD (Southwest Florida
Water Management District) and City stormwater rules and regulations.
Community Development 2021-02-16 3
Robert Pergolizzi, representing the applicant, said while the Code based parking
assessment required 32 parking spaces, calculations based on the ITE (Institute of
Traffic Engineers) parking generation manual determined the actual demand would be 9
spaces. He said the project will have 22 parking spaces.
Christopher Chin, representing the applicant, said the addition will align with the current
building's 2.6-foot setback. He reviewed the stormwater management plan that will meet
City and SWFWMD drainage requirements; no stormwater will discharge onto the
condominium property. He said in addition to the large number of offsite trees abutting
the subject property, the project will plant 12 new trees plus bushes to the east. He said
screening for the new dumpster will meet Code.
Attorney Aungst showed site photos, noting the subject business did not sell alcoholic
beverages or contribute to area trash. He said the City encouraged redevelopment. He
reviewed project setbacks and stated the project will correct current drainage issues.
Party Status Holder Rick Aardsma, representing Kalmia Condominium Building 4,
opposed the project stating it will reduce Kalmia Condominium property values by 10%.
He said the subject site currently stored construction materials, garbage, and hazmat
materials outside, along the condominium property line. He expressed concern the
setback was insufficient, stormwater from the subject site would drain onto the Kalmia
Condominium property, and 9 units will end up with views of a 25-foot wall and
disturbances when rain pounds on the nearby addition's metal roof. He said the
proposed retention pond will be uphill from current stormwater drainage problems.
Consensus was to not accept into the record Party Status Holder John Schaeffer's
photos presented from a thumb drive.
Party Status Holder John Schaeffer showed photos, stating he opposed the project
which will lower his property values. He showed the subject site's exterior storage of
multiple buckets etc. abutting the condominium property. He expressed concern the
subject building's 2-foot setback was never corrected and the current wall separating
the properties, undermined by erosion, will be replaced by a lower wall. He showed
rainwater overflowing the wall separating the properties flooding the Kalmia
Condominium parking lot. He said a sump pump had to be installed in a condominium
elevator shaft to clear out stormwater discharge from the subject property.
Emil Suarez, read a letter on behalf of Peter Leone, president of Kalmia Condominium
7, opposing the project and expressing concerns of stormwater discharge onto the
condominium property, construction of the retention pond, dumpster, and blank wall
facing residents, lighting, increased loading dock traffic, resident views of the loading
dock, trucks on site after hours, and decreased property values.
Attorney Aungst said he had heard the neighbors' concerns and would continue to work
with them. He said the staff report and recommendation for approval was based on
Community Development 2021-02-16 4
competent substantial evidence requiring expert testimony, not speculation. He said the
site will meet Code's stormwater drainage requirements. He said the project will
preserve 27 trees and not touch trees on the Kalmia Condominium property. He said
the 2.6 -foot north setback had existed since 1963; the addition will not change the depth
of the setback. He said residents were not entitled to a view.
In response to questions, Mr. Chin presented the site plan, noting the project will not
impact condominium property trees. He said new pipes connected to the current
building's downspouts will channel rainwater toward Highland Avenue, away from the
condominium property. He said the drainage analysis had not been fully engineered; a
curb and gutter system were being considered. He said stormwater from the building
extension will flow directly into the retention pond.
It was noted the neighboring property, Kitchen Solvers, had supported the project and
no area redevelopment had occurred since the 1970s. It was recommended condition 4
also reference the current building.
Member Behar moved to approve Case FLD2020-10022 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 Condition 4 modified to read "The project, including the existing building, shall
be designed and constructed in accordance with SWFWMD and City stormwater rules
and regulation." The motion was duly seconded. Members Flanery, Quattrocki, Behar,
Acting Chair Lau and Acting Board Member Kushta voted "Aye"; Member Barker
abstained. Motion carried.
H. DIRECTOR'S ITEMS: None.
L ADJOURN
The meeting adjourned at 2:10 p.m.
Attest: Ci
Board Rep
0-4
munity Development Board
Community Development 2021-02-16 5
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAMEy4FJ'13�� ME -MIDDLE NAME.
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NAME �B�RRUOUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
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THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
H I SERVE ISA UNIT OF:
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❑ COUNTY ❑ OTHER LOCAL AGENCY
NAME OF OL TII�CAL SnUBDIVIS ON:
POLITICAL
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DATE ON WHICH VOTE OCCURRED
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MY POSITION IS:
❑ ELECTIVE PPOINTIVE
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 loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government 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 loss 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.
/,DISCLOSURE OF LOCAL OFFICER'S INTEREST
(& i �l%�i �. 0,/�-y, or , hereby disclose that on rp_b
(a) A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate
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inured to the special gain or loss of my relative
inured to the special gain or loss of e / 1 A -S -T ! 4g --C"
whom I am retaiaa4:-or^ a r/o `/ C
inured to the special gain or loss 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:
, by
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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.
Date Filed
// 6/21
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE 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
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 16, 2021
DATE: February 11, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of January 19, 2021
Level Two Applications (Items 1-2)
1. FLD2020-01001 — 1 101 Pinellas Avenue
Assigned Planner: Vinod Ka .u, LEED AP, Senior Planner
Yes: No:
2. FLD2020-10022 —1277 South Highland Avenue
Assigned Planner: Mark T Parry, AICP, Senior Planner
Yes: No: .(
Alp t-
ri -7 7/5445
I have conducted a ersonal invest] • ---on on the •ersonal site visit to the followin:.ro.erties.
Si nature: Date:
Print Name: NI"M
Prepared by: Sherry L. Watkins, Administrative Assistant
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 16, 2021
DATE: February 11, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of January 19, 2021
Level Two Applications (Items 1-2)
1. FLD2020-01001 — 1 101 Pinellas Avenue
Assigneanner: Vinod Kadu, LEED AP, Senior Planner
Yes: x No:
2. FLD2020-10022 — 1277 South Highland Avenue
Assigned Planner: Mark T Parry, AICP, Senior Planner
Yes: No:
I have co a cu ted a persal ' esti:a ion on the .ersonal site visit to the followin
Signature
Print Name: (' i
Prepared by: Sherry L. Watkins, Administrative Assistant
Date:'l‘-,2/
. ro. erties.
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 16, 2021
DATE: February 11, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of January 19, 2021
Level Two Applications (Items 1-2)
1. FLD2020-01001 —1•IOl Pinellas Avenue
Assigned PI er: Vinod Kadu, LEED AP, Senior Planner
Yes: No:
2. FLD2020-10022 — 1277 South Highland Avenue
Assigned P,IInner: Mark T Parry, AICP, Senior Planner
Yes: l/ No:
I have conducted a •ersonal investi:ation on the •ersonal site visit to the followin: •ro•erties.
Signatu
Date: z�, %aa Z/
Print Name:
Prepared by: Sherry L. Watkins, Administrative Assistat t
CITY
RV
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 February 16, 2021
DATE: February 11, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of January 19, 2021
Level Two Applications (Items 1-2)
1. FLD2020-0109,1•— 1101 Pinellas Avenue
Assigned P nner: Vinod Kadu, LEED AP, Senior Planner
Yes: No:
No:
2. FLD2020-100 2 —1277 South Highland Avenue
Assigned P nner: Mark T Parry, AICP, Senior Planner
Yes: No:
I have conducte. 'per,nal i e '•ation on the personal site visit to the following properties.
Signature: ' ►'✓ Date: '2 Z C) c'_f
Print Name: il' c,; a
Prepared by: Sherry L. Watins, Administrative Assistant
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 16, 2021
DATE: February 11, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of January 19, 2021
Level Two Applications (Items 1-2)
1. FLD2020-01001 — 1 101 Pinellas Avenue
Assigney� planner: Vinod Kadu, LEED AP, Senior Planner
Yes: j�(-' No:
2. FLD2020-10022 —1277 South Highland Avenue
Assigned Planner: Mark T Parry, AICP, Senior Planner
Yes: () No:
I have conducd a pe r4al ir1 stigation on the personal site visit to the following properties.
Signature:,./
Print Name:
Date:
2•t - 'z- )
Prepared by: Sherry L. Watkins, Administrative Assistant