05/18/2021 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
May 18, 2021
Present: Chair Mary A. Lau, Vice Chair John Quattrocki, Board Member Michael
Boutzoukas, Board Member Mike Flanery, Board Member Brian Barker, Board Member
Jordan Behar
Absent: Board Member Andrew Park
Also Present - Jay Daigneault—Attorney for the Board, Michael Fuino —Assistant City
Attorney, Matthew Mytych —Assistant City Attorney, Gina Clayton — Planning &
Development Director, Lauren Matzke - Planning & Development Assistant 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: April 20, 2021
Member Behar moved to approve the minutes of the April 20, 2021 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. LEVEL TWO APPLICATION: (Item 1)
1. Case: FLD2021-03002 — 125 Island Way Level Two Application
Owner(s): Dolphin Cay of Island Estates, LLC
Applicant: Arcturus Group, LLC; Patricia P. Montecki;
email:pmontecki(a-)arcturusgroupllc.com; phone: 727-834-8882.
Representative: Hill Ward Henderson; Katherine Cole; 600 Cleveland Street,
Clearwater, FL 33755; email: katie.cole(a-)hwhlaw.com; phone: 727-259-6791.
Location: 0.907 upland acre located on the east side of Island Way approximately
351 feet north of the Windward Passage and Island Way intersection.
Request: The Community Development Board (CDB) is reviewing a request for 27
attached dwellings in the High Density Residential (HDR) District/Island Estates
Neighborhood Conservation Overlay District (IENCOD) for the property located 125
Island Way. The building will be 87 feet in height (from Base Flood Elevation to
highest architectural element), provides a minimum of 54 off-street parking spaces,
Community Development 2021-05-18 1
and requests allowable flexibility for building height, setbacks, and landscape
requirements (Sections 2-504.F and 3-1202.G).
Associations: Clearwater Neighborhoods Coalition and Board of County
Commissioners
Assigned Planner: Kevin W. Nurnberger, Senior Planner
No one requested Party Status.
Member Boutzoukas moved to accept Kevin Nurnberger as an expert witness in the
fields of zoning, site plan analysis, planning in general, and the landscape ordinance.
The motion was duly seconded and carried unanimously.
Senior Planner Kevin Nurnberger reviewed the Staff Report:
Page 3 of the Staff Report under "Development Proposal" was revised to read, "The
development proposal consists of the construction of a 69-foot high building (to flat roof
line), 74 feet to top of mansard roof and 83 feet to stair tower (from Base Flood
Elevation). The proposal consists of 27 attached dwelling units."
Page 6 of the Staff Report under "Maximum Building Height" was revised to read,
"Pursuant to CDC Table 2-504, the height of a building may range between 30 — 130
feet as a Residential Infill Project. This table provides that the development standards
for Residential Infill Projects are guidelines and may be varied based on the criteria
specified in Section 2-504.F. The building height is 69 feet to flat roof slab, 74 feet to top
of mansard room, and 83 feet to top of stair tower (from Base Flood Elevation)."
Mr. Nurnberger said Condition of Approval 11 was revised to read, "That prior to the
issuance of any building permit, excluding demolition and clearing and grubbing, that all
applicable requirements of Chapter 31 of the Building Code be met related to seawall
setbacks."
Lead Engineering Specialist Ivan Dimitrov said Condition of Approval 15 was revised to
read, "That prior to the issuance of any permit (other than demo and clearing and
grubbing), a revised site plan be submitted to the satisfaction of city staff showing the
existing storm system traversing the proposed parking lot to be removed and a new
equivalent system shown to be constructed per City's standards/specifications to
reroute drainage flow along Island Way's right-of-way and the northern property line."
Attorney Katie Cole, representing the applicant, submitted a copy of the property's
Warranty Deed, dated January 14, 2021, confirming that Dolphin Cay of Island Estates
LLC owned the subject property. She said the applicant recently purchased the
property, which had been vacant for a long time, and began working with City staff to
identify an appropriate development plan for the site. She said infill development zoned
High Density Residential in the Island Estates Conservation Overlay District required
Level 2 review. She said while the project's setback as measured to pavement was
Community Development 2021-05-18 2
greater than minimum standards, the development required relief for its setback
measured to sidewalk.
Attorney Cole said some neighbors had expressed concerns regarding the project's
height and reviewed Clearwater's method of measuring building heights. She said the
City had received a letter of objection from a resident of the adjacent property which
was one story taller than the project. She presented a drawing showing the building's
height from BFE to the top of the tower roof was 83 feet, from BFE to the top of the
mansard was 73 feet 9 inches, and from BFE to the top of the roof slab was 68 feet 7
inches. She said the building on the other side of the project had 3 —4 stories. She said
the project was consistent with the neighborhood. She said she had not received any
direct correspondence regarding the project.
Four residents expressed concerns: 1) vibrations from driving piles will damage nearby
structures and a contact was necessary to report and resolve any resulting damages ;
2) the project should not damage landscaping on abutting property; 3) the building will
block nearby residents' water views; 4) project residents will increase heavy traffic at the
nearby intersection; 5) the project will lower nearby property values; 6) a shorter
building would impact fewer neighbors; and 7) construction practices needed to protect
the environment, marine life, and water quality.
Attorney Cole said construction techniques will meet all City standards. She said
residents have no legal right to views under Florida case law; the building was
significantly shorter than its permitted maximum height of 130 feet. She said the
applicant planned to add docks, which needed to be permitted separately. She
appreciated staff's recommendation for approval.
Staff was complimented for their efforts on this project. It was noted while the building
could be much taller, the project was in character with the neighborhood. It was stated
that residents in high density districts can expect this type of outcome.
Member Behar moved to approve Case FLD2021-03002 based on evidence in the
record, including the application and the Staff Report with modifications to pages 3 and
6 as stated above, 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 of
Approval 11 revised to read, "That prior to the issuance of any building permit, excluding
demolition and clearing and grubbing, that all applicable requirements of Chapter 31 of
the Building Code be met related to seawall setbacks," and Condition of Approval 15
revised to read "That prior to the issuance of any permit (other than demo and clearing
and grubbing), a revised site plan be submitted to the satisfaction of city staff showing
the existing storm system traversing the proposed parking lot to be removed and a new
equivalent system shown to be constructed per City's standards/specifications to
reroute drainage flow along Island Way's right-of-way and the northern property line."
The motion was duly seconded and carried unanimously.
F. DIRECTOR'S ITEMS
Community Development 2021-05-18 3
Assistant City Attorney Michael Fuino said his responsibilities with the City had
changed. He introduced Assistant City Attorney Matthew Mygyth who will represent the
City at future board meetings. Mr. Fuino thanked the board and staff for their
professionalism.
Board members thanked Mr. Fuino for his service to the board.
G. ADJOURN
The meeting adjourned at 1:35 p.m.
Attest:
:oard Rep
/
— unity Development Board
Community Development 2021-05-18 4
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 May 18, 2021
DATE: May 12, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of April 20, 2021
Level Two Applications (Items 1)
1. FLD2021-03002 125 Island Way
Assigned Planner: Kevin Nurnberger, Senior Planner
Yes: No:
I have conducted a personal investigation on the personal site visit to th following properties.
Prepared by: Sherry L. Watkins, Administrative Assistant
Date: /S//2/
/2r
CiTY OF
CLE RWATE
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 May 18, 2021
DATE: May 12, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes ofApril ZO'uozz
Level Two Applications (Items 1)
1. FLD2021-03
Assigned PPJafer: Kevin Nurnberger, Senior Planner
I have conduct estigation on the personal site visit to the following properties.
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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 May 18, 2021
DATE: May 12, 2021
Community Development Board Packets being distributed contain the following:
Unapproved minutes of April 20, 2021
Level Two Applications (Items 1)
1. FLD2021-03002 125 Island Way
Assigned Planner: Kevin Nurnberger, Senior Planner
Yes: No:
I have conducted a
Signature:
investigation on the personal site visit to the following properties.
Print Name:
Date: 4 / 1 Z
Prepared by: Sherry L. Watkins, Administrative Assistant